WSR 15-03-018 PROPOSED RULES DEPARTMENT OF ECOLOGY [Order 14-01—Filed January 8, 2015, 2:43 p.m.]
Original Notice.
Expedited Rule Making—Proposed notice was filed as WSR 14-14-010.
Title of Rule and Other Identifying Information: Ecology is proposing to repeal two obsolete rules: Chapter 173-330 WAC, Used automobile oil recycling sign requirements for automobile oil sellers and chapter 173-24 WAC, Tax exemptions and credits for pollution control facilities.
Hearing Location(s): Department of Ecology, Headquarters, 300 Desmond Drive, Lacey, WA, on February 25, 2015, at 1:30 p.m.
Date of Intended Adoption: March 18, 2015.
Submit Written Comments to: Bari Schreiner, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail rulemaking@ecy.wa.gov, fax (360) 407-6989, by March 5, 2015.
Assistance for Persons with Disabilities: Contact waste 2 resources main reception by February 18, 2015, TTY (877) 833-6341 or (360) 407-6900.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repeal of chapter 173-330 WAC. Repeal of this obsolete rule will not impact other existing rules or any entities who currently provide used oil recycling.
Repeal of chapter 173-24 WAC. Repeal of this obsolete rule will not impact any tax exemptions or credits currently received by facilities.
On June 19, 2014, ecology filed an expedited notice (WSR 14-14-010) to repeal the above referenced chapters. The expedited rule-making process is intended to save taxpayer time and money by providing a streamlined process to repeal rules that meet certain criteria. In this case, the rules are no longer necessary and the statutory authority for one has been repealed. Ecology received one objection to the expedited process that was not withdrawn. The agency is now moving forward proposing these repeals and will hold a public hearing and accept comments.
Reasons Supporting Proposal: Chapter 173-330 WAC: All sections of the enabling statute (chapter 19.114 RCW, Used automotive oil recycling) were repealed in 1991. Requirements for used oil recycling were adopted by the 1991 legislature as chapter 70.95I RCW, Used oil recycling. Chapter 70.95I RCW contains requirements for education, including signs. Chapter 173-330 WAC is no longer authorized or necessary.
Chapter 173-24 WAC: Until November 30, 1981, chapter 82.34 RCW, Pollution control facilities—Tax exemptions and credits, authorized pollution control facilities to apply to the department of revenue for a tax credit or exemption. The appropriate pollution control agency was then required to review the application and if appropriate approve that the facility was a pollution control facility. Ecology's role for facilities under its jurisdiction was to identify and classify facilities, and to confirm that the facility controlled, captured and removed pollutants from the air and water. The review was conducted for water pollution control facilities and any facilities related to an air contaminant source. Chapter 173-24 WAC describes ecology's process for reviewing and approving facilities.
In 1981, the legislature amended the law in chapter 82.34 RCW to provide that the last date applications for pollution control tax credits or exemptions could be filed was November 30, 1981. Since applications are no longer accepted under chapter 82.34 RCW, the rules in chapter 173-24 WAC have no purpose, and we are proposing to repeal them. Repealing this chapter will not impact any tax exemptions or credits currently received by facilities.
Statutory Authority for Adoption: Chapter 173-330 WAC requires sellers of automotive oil to post signs informing the public about how to recycle used automotive oil. The statute enabling chapters 173-330 WAC, 19.114 RCW, was repealed in 1991 and replaced by chapter 70.95I RCW. Chapter 173-330 WAC is no longer authorized or needed, and was replaced by requirements for signs found in chapter 70.95I RCW.
Chapter 173-24 WAC was originally adopted under the authority in RCW 82.34.040, which authorized ecology to "adopt such rules as it deems necessary for the administration of this chapter …". RCW 82.34.040 likewise authorizes repeal of the chapter.
Statute Being Implemented: Not applicable.
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: Kyle Dorsey and Bari Schreiner, Ecology Headquarters Building, Lacey Washington, (360) 407-6998; Implementation and Enforcement: Not applicable.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule making is exempt from chapter 19.85 RCW because the content of the rule is "explicitly and specifically dictated by statute" and the rules are being repealed because they are no longer needed. (RCW 34.05.310 (4)(e).) (See Statutory Authority for Adoption, above, for more details.)
A cost-benefit analysis is not required under RCW 34.05.328. This rule making is exempt from chapter 34.05 RCW because the content of the rule is "explicitly and specifically dictated by statute" and the rules are being repealed because they are no longer needed. (RCW 34.05.328 (5)(b)(ii).) (See Statutory Authority for Adoption, above, for more details.)
January 8, 2015
Polly Zehm
Deputy Director
REPEALER
The following chapter of the Washington Administrative Code is repealed:
REPEALER
The following chapter of the Washington Administrative Code is repealed:
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