WSR 97-04-062

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY

[Order 97-03--Filed February 4, 1997, 10:24 a.m.]

Subject of Possible Rule Making: Dangerous waste regulations, chapter 173-303 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 70.105 and 70.105D RCW, the Hazardous Waste Management Act and Hazardous waste cleanup--Model Toxics Control Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The primary purpose of this rule making is to update the dangerous waste regulations by incorporating federal hazardous waste requirements. The result will be more consistency between the two programs. Also, by staying more current with the federal program the regulated community has primarily one environmental agency to work with. Technical corrections and clarifications will also be made to make the rules more clear, and an exemption for those who recycle antifreeze will be codified as a result of a successful pilot project that resulted in increased recycling.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Federal Environmental Protection Agency (EPA) implements hazardous waste rules in Washington until ecology adopts those rules and begins implementing them. Adoption is followed by a formal authorization process. EPA is aware of which rules we intend to adopt and will be provided with drafts to review. They will also be kept informed throughout the process via phone calls and written materials.

Process for Developing New Rule: The primary purpose of this rule making is to update existing federal hazardous waste requirements with newer federal rules. Since most of these requirements are already in effect (and were developed as part of federal rule making), the process will consist primarily of making draft and proposed rule language available for public review. The public will be apprised of the rule making through mail outs, articles, ecology's Internet site, and public hearings.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. To receive information by mail regarding the rule making (availability of rule language, hearing announcements, and opportunities for public comment), or for more detailed information about the rule-making content and process, call Patricia Hervieux, (360) 407-6756, P.O. Box 47600, Olympia, WA 98504-7600, FAX (360) 407-6715.

January 29, 1997

Daniel Silver

Assistant Director

Waste Programs

Legislature Code Reviser

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