PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Pollution Control Hearings Board (PCHB) rules, chapter 371-08 WAC.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 43.21B and 34.05 RCW.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 2004 legislature passed SSB 5590, amending chapter 43.21B RCW. The legislation modifies the basis for calculating the time period for appeals to the PCHB. Rule making is necessary so the PCHB's procedural rules, chapter 371-08 WAC, are consistent with the 2004 legislation. In addition, the PCHB has received input over the past year on other changes to chapter 371-08 WAC to make appeals procedures more clear, timely and cost-effective for all participants. This rule making would also be used to make rule revisions for these purposes.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Appeals to the PCHB are taken from decisions by the Department of Ecology, and the Attorney General's Office represents ecology in the appeals process. This rule-making process will include input from these two agencies.
Process for Developing New Rule: The Environmental Hearings Office (EHO) will be distributing additional written information to interested parties to obtain input prior to publishing proposed rule changes. The EHO will consider written comments provided during the rule making, and oral comments from the public hearing process. The EHO homepage has been modified to [so] interested parties can request additional information, and to allow comments to be submitted electronically. Go to http://www.eho.wa.gov/ and click on "Rules" on the left side of the homepage.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bill Clarke, Environmental Hearings Office, P.O. Box 40903, Lacey, WA 98504-0903, e-mail eho@eho.wa.gov, phone (360) 459-6327, fax (360) 438-6388.
June 23, 2004
William Clarke
for William H. Lynch
Director