WSR 98-06-090

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY

[Order 98-02--Filed March 4, 1998, 11:30 a.m.]

Subject of Possible Rule Making: MSW landfill emission guidelines and new source performance standards, chapter 173-400 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.510 Policy to cooperate with federal government and 70.94.785 Plans approved pursuant to federal Clean Air Act--Enforcement authority.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed rule amendment would adopt or incorporate by reference without material change a federal regulation, and the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

There is no federal rule that applies the Environmental Protection Agency's emission guidelines to "existing" MSW landfills. The Environmental Protection Agency's 40 CFR 60.23 mandates that ecology submit a "state plan" to implement the Environmental Protection Agency's emission guidelines. The state plan must include a statement of state authority to carry out various aspects of the plan. If the state does not submit a plan to implement the guidelines, then the Environmental Protection Agency will impose a federal plan on the affected facilities.

There is a federal rule that applies to "new" MSW landfills, 40 CFR 60 subpart WWW. Incorporation of the federal rule into a state rule would authorize state authorities to administer the rule. It is also necessary to streamline the authority element of the "state plan" for implementing the Environmental Protection Agency's emission guidelines for "existing" MSW landfills.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The rule would be implemented and enforced by the local air authorities. The United States Environmental Protection Agency also regulates this subject.

Process for Developing New Rule: Following Administrative Procedure Act notice and comment procedures. This is not a significant legislative rule under RCW 34.05.328 (5)(b)(iii).

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Steve Cross, P.O. Box 47600, Olympia, WA 98504, (360) 407-6875, stcr461@ecy.wa.gov.

March 2, 1998

Joe Williams