Continuance of WSR 12-17-084.

     Preproposal statement of inquiry was filed as WSR 11-22-024.

     Title of Rule and Other Identifying Information: The department of ecology (ecology) proposes to adopt amendments to certain portions of the sediment management standards (SMS) regulations, chapter 173-204 WAC. This rule defines the requirements for managing contaminated sediments in Washington.

     Date of Intended Adoption: December 14, 2012.

     Submit Written Comments to: Adrienne Dorrah, Department of Ecology, Toxics Cleanup Program, P.O. Box 47600, Olympia, WA 98504, e-mail RuleUpdate@ecy.wa.gov, fax (360) 407-7154, by October 29, 2012.

     Assistance for Persons with Disabilities: Contact Adrienne Dorrah at (360) 407-7195 by October 17, 2012. Persons with hearing loss, call 711 for Washington relay service. Persons with a speech disability, call (877) 833-6341.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Extend the comment period for written comments from October 15 to October 29, 2012.

     Reasons Supporting Proposal: The comment period is being extended in response to requests from the public.

     Statutory Authority for Adoption: The Model Toxics Control Act, chapter 70.105D RCW, and the Water Pollution Control Act, chapter 90.48 RCW.

     Statute Being Implemented: Chapter 70.105D RCW, Model Toxics Control Act.

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

     Name of Proponent: Department of ecology, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Chance Asher, Department of Ecology, Lacey, Washington, (360) 407-6914; and Enforcement: Jim Pendowski, Department of Ecology, Lacey, Washington, (360) 407-7177.

October 9, 2012

Polly Zehm

Deputy Director