WSR 04-13-154

PROPOSED RULES

ENERGY FACILITY SITE

EVALUATION COUNCIL

[ Filed June 23, 2004, 9:21 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-13-084.

Title of Rule and Other Identifying Information: Title 463 WAC, rules relating to siting energy facilities. Adopt new rules, and/or revise existing rules that would set standards and/or application requirements for siting new electrical generation facilities in the following areas: (1) Seismicity, (2) noise, (3) fish and wildlife, (4) wetlands, (5) water quality, (6) air quality, (7) socioeconomics, and (8) water quantity. Adopt new rules for mediation, stipulations and settlements. Adopt new/revised existing rules for site certification agreement issuance, amendment, monitoring, and term of certification. Update NPDES rules for consistency with federal requirements. Reorganize Title 463 WAC for clarity.

Hearing Location(s): WSU Energy Building, 925 Plum Street S.E., Building 4, Conference Room 308, Olympia, WA 98504-3172, on August 10, 2003 [2004], at 2:00 p.m.

Date of Intended Adoption: October 10, 2004.

Submit Written Comments to: Allen Fiksdal, EFSEC Manager, EFSEC, P.O. Box 43172, Olympia, WA 98504-3172, e-mail efsec@ep.cted.wa.gov, fax (360) 956-2158, by August 13, 2004.

Assistance for Persons with Disabilities: Contact Mariah Laamb by August 3, 2004, TTY (360) 586-4224 or (360) 956-2121.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is being conducted in response to:

(1) Changes to Energy Facility Site Evaluation Council (EFSEC) statute resulting from EHB 2247;

(2) A report on EFSEC reform requested by Governor Locke entitled "Improving Washington Energy Facility Site Evaluation Council" by Charlie Earl, President of Everett Community College that included suggested changes to EFSEC including rule making to improve the application and review process; and

(3) Governor's directive to establish clear and objective criteria for new energy facilities.

This rule making will give direction to future applicants to EFSEC regarding application content and levels of mitigation required resulting in streamlining the processing of the applications for large energy facilities.

The following chapters will be revised and/or added. Certain existing sections are consolidated into new chapters for clarity. The title will be reorganized for clarity.

Existing chapters that will be revised: Chapters 463-06, 463-10, 463-14, 463-18, 463-22, 463-26, 463-28, 463-30, 463-34, 463-36, 463-38, 463-39, 463-40, 463-42, 463-43, 463-47, 463-50, 463-54, and 463-58 WAC.

New chapters that have been created: Chapters 463-62, 463-64, 463-68, and 463-72 WAC.

Statutory Authority for Adoption: Chapter 80.50 RCW.

Statute Being Implemented: Chapter 80.50 RCW, chapter 90.48 RCW (NPDES rules chapter 463-38 WAC).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Energy Facility Site Evaluation Council, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Allen J. Fiksdal, EFSEC Manager, 925 Plum Street S.E., Building 4, Olympia, WA 98504-3172, (360) 956-2152; and Enforcement: Mike Mills, Compliance Manager, 925 Plum Street S.E., Building 4, Olympia, WA 98504-3172, (360) 956-2151.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-14 issue of the Register.

A copy of the statement may be obtained by contacting Allen J. Fiksdal, EFSEC Manager, EFSEC, P.O. Box 43172, Olympia, WA 98504-3172, phone (360) 956-2152, fax (360) 956-2158, e-mail efsec@ep.cted.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. EFSEC is not a listed agency under RCW 34.05.328 (5)(a)(i).

June 23, 2004

Allen J. Fiksdal

EFSEC Manager

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-14 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office