Subject of Possible Rule Making: WAC 371-08-555.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 43.21B and 34.05 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 371-08 WAC was previously amended to conform to 2004 SSB 5590 and to make minor changes in the procedural rules of the Pollution Control Hearings Board (PCHB). The rule amended failed to amend WAC 371-08-555, which governs appeals of PCHB decisions to superior court.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Office of Attorney General (AGO), Ecology Division, notified the board that the rule amendment failed to amend WAC 371-08-555. The Environmental Hearings Office (EHO) will work with the AGO and other interested parties in this rule-making process.

     Process for Developing New Rule: The EHO will distribute proposed rule language to a list of interested parties and notify the public of the rule making on the EHO web site.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bill Clarke, Environmental Hearings Office, P.O. Box 40903, Lacey, WA 98504-0903, e-mail eho@eho.wa.gov, phone (360) 459-6327, fax (360) 438-6388.

November 15, 2005

Bill Clarke

Director