WSR 16-15-048

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY

[Order 16-06—Filed July 14, 2016, 2:32 p.m.]

Subject of Possible Rule Making: The department of ecology plans to amend chapter 173-305 WAC, Hazardous waste fee regulation. This rule making will focus on:

•	Additional exclusions related to the hazardous waste planning fee calculation found in WAC 173-305-220.
•	Other amendments to clarify language needed for the fee's calculation.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.95E.030 … "The department shall adopt a fee schedule by rule after consultation with typical affected businesses and other interested parties …"

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology is doing this rule making to align the rule with existing fee calculation practices.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are no other federal or state agencies that regulate the hazardous waste planning fee.

Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter 34.05 RCW).

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can stay informed about the rule making and public involvement opportunities by:

1. Visiting the agency web page at www.ecy.wa.gov/programs/hwtr/laws_rules/HWFee/1606ov.html.

2. Signing up on our listserv (in development, check web site for more information).

3. Contacting the rule-making lead, John Ridgway, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6713, fax (360) 407-6715, e-mail john.ridgway@ecy.wa.gov.

Ecology will offer government-to-government consultation with tribes during each phase of rule development. In addition, ecology will keep local, state, and tribal governments and other stakeholders updated about these and other possible actions we will undertake as the rule making progresses:

•	Conduct at least one public workshop to describe and explain the purpose and related details of this rule making. These workshops will also give ecology an opportunity to hear and discuss stakeholders' comments and provide preliminary draft language.
•	Hold at least one public hearing on the rule proposal.
•	Conduct a webinar for those unable to attend a workshop.

For interested stakeholders unable to attend these events, ecology staff will be available to consult with stakeholders as needed.

July 14, 2016

John Ridgway, Manager

Information Management and

Communications Section