WSR 03-14-128



[ Filed July 1, 2003, 10:10 a.m. ]

Pursuant to RCW 34.05.314, following is the Department of Ecology's rule agenda for July 2003 - December 2003.

If you have any questions please contact Jerry Thielen at (360) 407-6998 or e-mail

Department of Ecology

Rule Agenda

July 2003

WAC Chapter Chapter Title Contact Person CR-101

Filing Date


Filing Date


Filing Date

Scope of Changes/

Sections to Amend


AO #02-18


CR-105 filed

Delegation of powers Chuck Carelli

(360) 407-6537

N/A Feb. 2003 Apr. 2003 To amend chapter 173-06 WAC so it will conform and be consistent with chapter 43.21A RCW while also providing an administratively manageable framework for delegation of authority from the director to employees of the department. Both the statute and the rule address the establishment of appropriate signature delegation processes in the Department of Ecology. The rule amendments will update chapter 173-06 120 WAC and provide clear guidance for signature delegation in ecology.
Air Quality





AO #99-07


Emissions standards

for solid waste incinerators; General regulation for air pollution sources; Kraft pulping mills; Sulfite pulping mills; Solid fuel burning device standards

Tom Todd

(360) 407-7528

Mar. 1999 Dec. 2003 Jun. 2004 Hog fuel boiler RACT; define terms related to wood derived fuels; reorganize state incinerator rule.

AO #02-05 3/02

Solid waste incinerator facilities Steve Cross

(360) 407-6875

Mar. 2002 Jun. 2003 Aug. 2003 The purpose of the proposed rule change is to incorporate new federal language; add new terms to the definition section; change existing definitions; and provide alternate means of compliance demonstration with WAC 173-434-130(3) and 173-434-160(1).
Shorelands and Environmental Assistance

AO #03-02


Shoreline management Peter Skowlund

(360) 407- 6522

Jan. 2003 Jun. 2003 Dec. 2003 New Shoreline Management Act (SMA) guidelines for development/amendment of master programs, executing a settlement agreement amongst litigating parties that implements statutory requirements to update the guidelines consistent with SMA policy, replacing invalidated Parts 3 and 4 of chapter 173-26 WAC; among other things establishing planning and regulatory standards for future shoreline development and uses, requirements for protection and restoration of shoreline ecological functions, guidance on the limitations of regulatory authority and shorelines and growth management act integration.

AO #02-13


SEPA rules Barbara Ritchie,

(360) 407-6922,

Sept. 2002 Jan. 2003 Aug. 2003 The proposed amendment of the State Environmental Policy Act (SEPA) rules is in response to a recent law suit challenging ecology's authority to adopt criteria that would override exemptions established by the legislature. The legislature exempted Class I, II, and III forest practices from SEPA environmental review. The court of appeals has ruled that because the legislative exemption is included in Part Nine of the SEPA Rules, Class I, II, and III forest practices are subject to the limitations in WAC 197-11-305 and may require SEPA review. Ecology has determined that we do not have authority to override legislative exemptions and that the SEPA rules need to be revised to clarify that legislatively exempt actions do not require SEPA review.
Solid Waste and Financial Assistance

AO #03-04


Waste tire carrier and storage site licenses Jerry Thielen

(360) 407-7551

N/A Feb. 2003 Apr. 2003 Update approaches to nonmunicipal solid waste management. Respond to state legislation aimed at removing impediments to recycling.
Spill Prevention, Preparedness and Response
317-10, 173-181

AO #00-03


Oil spill contingency plans and response contractor standards Linda Pilkey-Jarvis

(360) 407-7447

Feb. 2000 Jul. 2004 Nov. 2004 Update plan requirements, mandate incident command systems, incorporate planning standards, and update primary response contractor standards.

AO #03-03


Preassessment screening and oil spill compensation schedule regulations Jerry Thielen N/A Feb. 2003 May 2003 These amendments are being made to WAC 173-183-820, 173-183-830, 173-183-850, and 173-183-860 to correct a cross reference in the rule. These sections will be amended to reference WAC 173-183-340 instead of WAC 173-183-360. No other amendments will be made to this chapter during this rule making.
Hazardous Waste and Toxic Reduction

AO #02-03


Hazardous waste regulation: Excluded categories of waste Chipper Hervieux

(360) 407-6756

Feb. 2002 5/2/2002




Mar. 2003 Rule to exclude wastes that are regulated as state only dangerous waste; that is, they are not also regulated under federal hazardous waste regulations.
Water Quality

AO #98-20


Surface water quality standards for the state of Washington Susan Braley

(360) 407-6414


Withdrawal of previous CR-101 (outdated information)

Second CR-101: 9/18/02

Dec 2002


CR-102 filed to

correct a typo

Feb. 2003

Jul. 2003 A. Develop regulatory language to guide the implementation of a water quality antidegradation policy. This would focus on protecting water quality standards, implementing technology-based pollution control requirements, and ensuring degradation that is allowed is in the overriding public interest. It would also include provisions to set aside waters constituting an outstanding national resource from all degradation.

B. Look at the way beneficial uses are assigned for protection to waterbodies under the water quality standards.


AO #02-15


Uses and limitations of the water pollution control state revolving fund Dan Filip

(360) 407-6509

Nov. 2002 Jan. 2007 Jun. 2007 The Washington State Department of Ecology is initiating a "pilot rule-making process" to propose to amend chapter 173-98 WAC, Uses and limitations of the water pollution control revolving fund, to allow public bodies to use the "design/build" concept for completion of wastewater facilities. The concept allows for a contract between local public bodies and firms to be awarded for the design and construction of portions of the facility largely independent of other design and construction efforts elsewhere at the facility. The scope of the pilot rule-making process will be limited to new design/build (D/B) provisions.



AO #01-10


Underground injection control program Mary Shaleen-Hansen

(360) 407-6143

Dec. 2001 Jan. 2004 Jun. 2004 The rule amendments will 1. bring it current with new federal rule changes 2. create consistency between the rules that govern UIC wells, and 3. clarify the language of the rule.
Water Resources
173-563 and


AO #01-05


Columbia River main stem and John Day-McNary pools Gerry O'Keefe

(360) 407-6640

Oct. 2002 Nov. 2003 May 2004 Amend and/or partial repeal of rules to adopt a rule that governs an integrated state water management program for the river's water resources.

AO #03-05


Instream resources protection program - Lower and Upper Skagit water resources inventory area (WRIA 3 and 4). Dan Swenson

(425) 649-7270


Second CR-101 filed Jun. 2003

Aug. 2003 Nov. 2003 This rule making will amend chapter 173-503 WAC Skagit River instream flow rule. As a result of a interim memorandum of agreement recently signed by the Department of Ecology, City of Anacortes, PUD No. 1 of Skagit County, Skagit County, the Sauk-Suiattle Indian Tribe, the Upper Skagit Indian Tribe and the Swinomish Indian Tribal Community, ecology has agreed to initiate and conduct, and the other parties agree to support, rulemaking to amend chapter 173-503 WAC solely for the purpose of allowing exempt wells to be used in the Upper Skagit Basin when mitigation is provided under anecology approved mitigation plan.

AO #02-17


Instream resources protection program Stillaguamish River basin - WRIA 5 Steve Hirschey

(425) 649-7066


Kathleen Ensenat

(360) 407-6780

Nov. 2002 Feb. 2004 Jul. 2004 The Washington State Department of Ecology's (ecology) water resources program (program) is proposing to develop an instream resource protection program (IRPP) setting instream flows for certain streams and river segments and, in some cases, stream closures within the Stillaguamish River Basin.

Items in bold have been filed with the Office of the Code Reviser.

Jerry Thielen

Rules Coordinator

Legislature Code Reviser 


Washington State Code Reviser's Office