WSR 98-23-046

PREPROPOSAL STATEMENT OF INQUIRY

ENERGY FACILITY SITE

EVALUATION COUNCIL

[Filed November 13, 1998, 1:06 p.m.]

Subject of Possible Rule Making: Pursuant to Executive Order 97-02, the Energy Facility Site Evaluation Council (EFSEC) is reviewing its rule on council enforcement actions, WAC 463-54-070, against the criteria established in the order.

The purpose of the existing rule is to establish a framework for EFSEC's enforcement of the terms of its site certification agreements (SCAs). The rule establishes four categories of enforcement, states the conditions under which each is appropriate, and outlines a general process for each category of action.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.50.040(a) gives EFSEC the power to make rules to carry out its duties under the chapter, including monitoring and enforcement of its SCAs and permits.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules on this subject are necessary because certain violations of the terms of an SCA could threaten the welfare of the citizens of Washington or its environment. The existing rule is intended to structure the council's response to violations to provide maximum protection to all involved.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Outside EFSEC projects, the Washington Department of Ecology has authority to enforce requirements regarding discharge to air or water, and discharge of hazardous waste. Outside EFSEC projects, the Washington Department of Health has authority to enforce requirements regarding discharge of radionuclides. These rules allow EFSEC to work cooperatively with the Departments of Ecology and Health. The existing level of consultation and coordination has been positive and constructive.

Process for Developing New Rule: The council's review of this rule will result in a decision about whether the rule should be amended, repealed, or left "as is."

The council will consider the recommendation of its staff and written public comments received in response to this "preproposal statement of inquiry" in reaching its decision. If the council decides to amend the rule, it will schedule a meeting to receive additional public comment.

Public comments may include the following:

Evaluation of whether the existing rule meets the criteria in Executive Order 97-02 (need, effectiveness/efficiency, clarity, statutory authority, coordination with other agencies, cost, fairness to regulated community).

Suggestions for changes to this rule, including a clear explanation of why change is necessary, and how the proposed suggestions will address this need.

Your name and address if you wish to receive notice of further council action regarding this rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Comments regarding this preproposal statement of inquiry should be addressed to Sarah Blocki, P.O. Box 43172, Olympia, WA 98504, fax (360) 956-2158, e-mail sarahb@ep.cted.wa.gov.

Information regarding the council's rules review may be found on the council's website, www.efsec.wa.gov.

For additional information, please contact Allen Fiksdal, EFSEC Manager, (360) 956-2152.

November 9, 1998

Allen J. Fiksdal

EFSEC Manager