WSR 00-20-102

EXPEDITED ADOPTION

DEPARTMENT OF ECOLOGY


[ Order 00-24 -- Filed October 4, 2000, 10:48 a.m. ]

Title of Rule: Maximum environmental noise levels -- Future regulations.

Purpose: To establish maximum noise levels permissible in identified environments, and provide use standards relating to the reception of noise within such environments.

Statutory Authority for Adoption: Chapter 70.107 RCW, Noise control.

Statute Being Implemented: Chapter 70.107 RCW, Noise control.

Summary: The proposed change will delete the information in WAC 173-60-070 Future regulations. In this section, there is a list of four new chapters that were to be developed after receiving legislative funding. These chapters were never developed due to the fact that legislative funding was never received. In addition, funding was discontinued several years ago for any noise program at ecology.

Reasons Supporting Proposal: This section is confusing and misleading to the public.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Patricia Hervieux, Lacey, Washington, (360) 407-6756.

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: This section lists regulations that were to be developed in the future. However, there has been no legislative funding for a noise program within ecology for several years. Noise regulation is being implemented at the local government level.

     The section proposed for deletion is misleading to the public because it sets an expectation that these additional regulations may exist. Deletion of this section will make the rule clearer.

Proposal Changes the Following Existing Rules: The subsection that lists regulations that were to be developed will be deleted and the section reserved for future use.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600 , AND RECEIVED BY December 5, 2000.


September 30, 2000

Daniel J. Silver

Deputy Director

OTS-4441.1


AMENDATORY SECTION(Amending Order 92-41, filed 5/18/94, effective 6/18/94)

WAC 173-60-070
((Future regulations.)) Reserved.

((It is the intention of the department to establish use standards and/or performance standards for the following sources of noise exempted or partially exempted from the requirements of this chapter within two years after adequate legislative funding is made available to conduct studies providing the necessary data.

     (1) Sounds created by aircraft engine testing and maintenance not related to flight operations, through the adoption of a new chapter 173-64 WAC.

     (2) Sounds created by construction equipment and emanating from construction sites, through the adoption of a new chapter 173-66 WAC.

     (3) Sounds created by motor vehicle racing events, through the adoption of a new chapter 173-63 WAC.

     (4) Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad, to the extent consistent with federal law and regulations through the adoption of a new chapter 173-72 WAC.)) Reserved.

[Statutory Authority: Chapter 70.107 RCW.      94-12-001 (Order 92-41), § 173-60-070, filed 5/18/94, effective 6/18/94; Order DE 77-1, § 173-60-070, filed 6/1/77; Order 74-32, § 173-60-070, filed 4/22/75, effective 9/1/75.]

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