PROPOSED RULES
Continuance of WSR 98-22-017.
Preproposal statement of inquiry was filed as WSR 98-16-084.
Title of Rule: Forest practices rules and regulations to protect water quality, chapter 173-202 WAC.
Purpose: Incorporate by reference revisions to forest practices rules to better protect resources. Current forest practices rules are not providing adequate protection for salmon and other public resources. Resource agencies face many new resource protection challenges, including current and proposed listings of salmonids under the federal Endangered Species Act (ESA) and water quality-limited waters under the federal Clean Water Act (CWA).
At its September 22, 1998, [meeting] the Forest Practices Board approved the following goals for this rule package:
1. To provide compliance with the Endangered Species Act for aquatic and riparian-dependent species;
2. To restore and maintain riparian habitat on state and private forest lands to support a harvestable supply of fish;
3. To meet the requirements of the Clean Water Act for water quality on state and private forest lands; and
4. To keep the timber industry economically viable in Washington.
The Forest Practices Board and ecology are planning to conduct rule making on a comprehensive package of new and revised rules. Called the "forestry module," TFW has identified the need to revise forest practices rules (Title 222 WAC) in order to better protect public resources. At its March 31, 1999, meeting, the Forest Practices Board selected the "Forests and Fish Report" as its preferred alternative. The Forests and Fish Report was submitted by the "5 Caucus Group" comprised of local, state, and federal agencies, landowners (both large and small) and some tribes. Alternative proposals have been submitted by Washington Environmental Council/Audubon; Puyallup Tribe, Muckleshoot Tribe, and Yakama Tribe.
Other Identifying Information: The Forest Practices Board filed a companion preproposal as WSR 98-16-099 and a rule-making proposal as WSR 98-21-015. See Purpose above.
Statutory Authority for Adoption: RCW 90.48.420, 76.09.040, and chapters 34.05 and 43.21A RCW.
Statute Being Implemented: Chapter 90.48 RCW.
Summary: Adopt by reference modifications to forest practices rules (Title 222 WAC) to better protect public resources. Rule categories: Riparian protection for fish-bearing and nonfish-bearing streams; water typing; wetlands; Class IV-Special; SEPA guidance; roads; slope stability; forest chemicals; monitoring; adaptive management; watershed analysis. See Purpose above.
Reasons Supporting Proposal: Modifications to rules are needed to better protect Washington's public resources. See Purpose above.
Name of Agency Personnel Responsible for Drafting: Doug Rushton, 300 Desmond Drive, Lacey, WA 98503, (360) 407-6180; Implementation and Enforcement: Dick Wallace, 300 Desmond Drive, Lacey, WA 98503, (360) 407-6489.
Name of Proponent: Department of Ecology, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule includes the following forest practices rules that would be adopted by reference:
| • | Revises the water typing system used to identify fish-bearing and nonfish-bearing streams so that more adequate protection is provided for fish habitat. |
| • | Provides a five-year forest practices permit for landowners who have completed watershed analysis or who have submitted an application for a road maintenance and abandonment plan that will take longer than two years to implement. |
| • | Adds shorelines of the state to the Class IV-Special list and gives SEPA guidance for the applicant to follow. |
| • | Expands the Class IV-Special SEPA trigger for unstable slopes, gives SEPA guidance, and adds twenty-four definitions related to unstable slopes. |
| • | Revises riparian management zone requirements for eastern and western Washington, and includes options for possible buffer widths. |
| • | Presents options for variable buffer widths for aerial application of pesticides and adds best management practices to the Forest Practices Board (FPB) manual. |
| • | Adds best management practices related to roads to the FPB manual; revises requirements for road location and design, relief drainage structures, water crossing structures, and road maintenance and abandonment. |
| • | Makes watershed analysis a more public process; allows DNR to complete prescriptions and requires prescription monitoring plan. |
| • | Expands adaptive management requirements by formally establishing the Cooperative Monitoring, Evaluation, and Research (CMER) committee of TFW and charging them with implementing adaptive management based on scientific findings; encourages cooperative opportunities for working with the board. |
Proposal Changes the Following Existing Rules: The proposed rule amendment of chapter 173-202 WAC incorporates by reference changes to the forest practices rules related to water quality.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
A copy of the statement may be obtained by writing to Judith Holter, Forest Practices Board, Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1412, fax (360) 902-1784, e-mail forestpractices.board@wadnr.gov.
Section 201, chapter 403, Laws of 1995, applies to this rule adoption. Considered to be a significant legislative rule.
Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on November 9, 1999, at 3:00 p.m.
Assistance for Persons with Disabilities: Contact Forest Practices Board Secretary by November 1, 1999, at (360) 902-1413, TDD (360) 902-1125.
Submit Written Comments to: Doug Ruston, Water Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, fax (360) 407-6426, e-mail drus461@ecy.wa.gov, by November 9, 1999.
Date of Intended Adoption: November 10, 1999.
April 18, 1999
Daniel J. Silver
Deputy Director
OTS-2642.1
AMENDATORY SECTION(Amending Order 97-46, filed 3/30/98, effective 4/30/98)
WAC 173-202-020
Certain WAC sections adopted by reference.
The following
sections of the Washington Administrative Code existing on ((March 13)) October 12, 1998, are
hereby adopted by reference as part of this chapter in all respects as though the sections were set
forth herein in full:
WAC 222-08-035--Continuing review of forest practices ((regulations)) rules.
WAC 222-10-020--SEPA policies for certain forest practices within 200 feet of a Type S Water.
WAC 222-12-010--Authority.
WAC 222-12-040--Alternate plans.
WAC 222-12-045--Adaptive management.
WAC 222-12-046--Cumulative effect
WAC 222-12-070--Enforcement policy.
WAC 222-12-090--Forest practices board manual.
WAC 222-16-010--General definitions.
WAC 222-16-030--Water typing system.
WAC 222-16-035--Wetland typing system.
WAC 222-16-050 (1)(a), (1)(d), (1)(e), (1)(h), (1)(i), (l)(j), (3)(b), (3)(c), (3)(d), (3)(e), (3)(f), (3)(n), (3)(o), (3)(p), (4)(c), (4)(d), (4)(e), (5)(b), (5)(c), (5)(d), (5)(e), (5)(f), (5)(h), (5)(n), (5)(o)--Classes of forest practices.
WAC 222-16-070--Pesticide uses with the potential for a substantial impact on the environment.
WAC 222-20-015--Multiyear permits.
WAC 222-20-020(6)--Application time limits.
WAC 222-22-010--Policy.
WAC 222-22-020--Watershed administrative units.
WAC 222-22-030--Qualification of watershed resource analysts, specialists, and field managers.
WAC 222-22-040--Watershed prioritization.
WAC 222-22-050--Level 1 watershed resource assessment.
WAC 222-22-060--Level 2 watershed resource assessment.
WAC 222-22-070--Prescription recommendation.
WAC 222-22-080--Approval of watershed analysis.
WAC 222-22-090--Use and review of watershed analysis.
WAC 222-22-100--Application review prior to watershed analysis.
WAC 222-24-010--Policy.
WAC 222-24-020 (2), (3), (4), (5), (6), (8), (13)--Road location and design.
WAC 222-24-025 (2), (5), (6), (7), (8), (9), (10)--Road design.
WAC 222-24-030 (2), (4), (5), (6), (7), (8), (9)--Road construction.
WAC 222-24-035 (1), (2)(c), (2)(d), (2)(e), (2)(f)--Landing location and construction.
WAC 222-24-040 (((1), (2), (3), (4)))--Water crossing structures.
WAC 222-24-050--Road maintenance.
WAC 222-24-060 (1), (2), (3), (6)--Rock quarries, gravel pits, borrow pits, and spoil disposal areas.
WAC 222-30-010--Policy--Timber harvesting.
WAC 222-30-020 (2), (3), (4), (((5))) (6), (7)(a), (7)(e), (7)(f), (8)(((c)))--Harvest unit
planning and design.
WAC 222-30-025--Green-up: Even-aged harvest size and timing.
WAC 222-30-030--Stream bank integrity.
WAC 222-30-040--Shade requirements to maintain stream temperature.
WAC 222-30-050 (1), (2), (3)--Felling and bucking.
WAC 222-30-060 (1), (2), (3), (5)(c)--Cable yarding.
WAC 222-30-070 (1), (2), (3), (4), (5), (7), (8), (9)--Tractor and wheeled skidding systems.
WAC 222-30-080 (1), (2)--Landing cleanup.
WAC 222-30-100 (1)(a), (1)(c), (4), (5)--Slash disposal.
WAC 222-34-040--Site preparation and rehabilitation.
WAC 222-38-010--Policy--Forest chemicals.
WAC 222-38-020--Handling, storage, and application of pesticides.
WAC 222-38-030--Handling, storage, and application of fertilizers.
WAC 222-38-040--Handling, storage, and application of other forest chemicals.
[Statutory Authority: RCW 90.48.420, 76.09.040 and chapter 34.05 RCW. 98-08-058 (Order 97-46), § 173-202-020, filed 3/30/98, effective 4/30/98. Statutory Authority: RCW 90.48.420, 76.09.040, [76.09.]050 and chapter 34.05 RCW. 98-07-026 (Order 97-41), § 173-202-020, filed 3/10/98, effective 4/10/98. Statutory Authority: RCW 90.48.420 and 76.09.040. 94-17-011, § 173-202-020, filed 8/8/94, effective 9/8/94; 93-11-062, § 173-202-020, filed 5/13/93, effective 6/13/93; 93-01-091 (Order 92-51), § 173-202-020, filed 12/16/92, effective 1/16/93. Statutory Authority: Chapters 90.48 and 76.09 RCW. 92-14-098, § 173-202-020, filed 6/30/92, effective 8/1/92. Statutory Authority: Chapter 76.09 RCW. 88-22-030 (Order 88-19), § 173-202-020, filed 10/27/88. Statutory Authority: RCW 76.09.040. 87-23-017 (Order 87-5), § 173-202-020, filed 11/10/87, effective 1/1/88; 83-15-045 (Order DE 82-37), § 173-202-020, filed 7/19/83; Order DE 76-32, § 173-202-020, filed 7/13/76.]