WSR 16-15-073 PREPROPOSAL STATEMENT OF INQUIRY DEPARTMENT OF ECOLOGY
[Order 16-04—Filed July 19, 2016, 9:55 a.m.]
Subject of Possible Rule Making: The department of ecology's water quality program (ecology) is proposing to amend chapter 173-98 WAC, Uses and limitations of the water pollution control revolving fund; and chapter 173-95A WAC, Uses and limitations of the centennial clean water program (centennial).
Statutes Authorizing the Agency to Adopt Rules on this Subject: Ecology is authorized to adopt chapter 173-98 WAC by chapter 90.50A RCW, Water pollution control facilities—Federal capitalization grants. Ecology is authorized to adopt chapter 173-95A WAC by chapter 70.146 RCW, Water pollution control facilities financing.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since rule making in 2011, external stakeholders and ecology have identified several issues related to the lack of clarity and lack of flexibility in the rules. In addition, in 2014 the federal Clean Water Act was amended to allow states to offer loan terms of up to thirty years and to provide loans to acquire land for constructing treatment facilities. In 2016, chapter 90.50A RCW was amended to allow ecology to offer loan terms of up to thirty years. The extended loan terms and land acquisition amendments would provide new funding opportunities if the rules are revised. With this rule making, we plan to:
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Ecology is solely responsible for implementing the rules in Washington state. The United States Environmental Protection Agency (EPA), through the federal Clean Water Act established baseline rules for the clean water state revolving fund (CWSRF). EPA and ecology have signed an "Operating Agreement" that specifies ecology's requirements for implementing the CWSRF. Thus, it's essential that ecology coordinate with EPA during rule making. There are two EPA representatives on the financial assistance council that will be reviewing and commenting on draft rule language.
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 chapter 173-98 WAC (CWSRF) and chapter 173-95A WAC (Centennial) rule-making web site at http://www.ecy.wa.gov/programs/wq/ruledev/wac17398/1604ov.html;
2. Signing up to receive e-mail notices at http://listserv.wa.gov/cgi-bin/wa?A0=ECY-WQ-GRANTS-LOANS;
3. Contacting the rule-making lead Daniel Thompson, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6510.
July 19, 2016
Heather R. Bartlett
Water Quality Program Manager
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