WSR 09-14-078

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 29, 2009, 3:13 p.m. ]

Subject of Possible Rule Making: WAC 220-150-050 Ballast water management treatment requirements.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047, 77.120.030(3), and 77.120.040 (5)(a).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since 2000, the legislature (section 4, chapter 108, Laws of 2000) has anticipated that Washington department of fish and wildlife (WDFW) will adopt discharge performance standards for the effective treatment of ballast water. E2SSB 5923 (section 10, chapter 350, Laws of 2007) amended the statute to emphasize the need to create standards to "ensure that the discharge of ballast water poses minimal risk of introducing nonindigenous species." A state discharge performance standard is required, since federal agencies continue to delay implementation of a national standard.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Coast Guard (USCG) and the United States Environmental Protection Agency (EPA): WDFW, as practical and appropriate, is tasked with adopting discharge performance standards compatible with standards set by USCG and consistent with EPA's Clean Water Act. To do this, WDFW will consult with its ballast water work group, which is made up of other state and federal agencies, affected industries, tribal governments, environmental groups, academia, technical interests, and interested members of the public.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Allen Pleus, Fish Program, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360)902-2724, e-mail Allen.Pleus@dfw.wa.gov. Expected proposal filing on or after September 23, 2009.

June 29, 2009

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office