WSR 06-19-096

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed September 19, 2006, 3:50 p.m. ]

Subject of Possible Rule Making: The department is proposing to adopt motor fuel (including biofuel) quality standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 19.94, 19.112, and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: During the 2006 legislative session, legislation was passed relative to biofuels. RCW 19.112.140(1) was enacted requiring the director to adopt rules for maintaining standards for biodiesel fuel or fuel blended with biodiesel fuel by adopting all or part of the standards set forth in the Annual Book of ASTM Standards. RCW 19.112.020(2) also states that the director may adopt rules on false and misleading advertising, labeling and posting of prices, and the standards for, and identity of, motor fuels. These standards are necessary to protect consumers and assist industry in maintaining a level playing field for marketing and fuel quality of both biofuels and other motor fuels.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail mtoohey@agr.wa.gov; or Kirk Robinson, Program Manager, Plant Protection Division, Weights and Measures Program, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1856, fax (360) 902-2094, e-mail krobinson@agr.wa.gov.

September 18, 2006

Mary A. Martin Toohey

Assistant Director

Washington State Code Reviser's Office