WSR 10-15-091



[ Filed July 20, 2010, 9:08 a.m. ]

Rule-Making Agenda

July 1 through December 31, 2010

This is the environmental hearings office (EHO) rule-making agenda for publication in the Washington State Register pursuant to RCW 34.05.314. There may be additional rule-making activity not on the agenda as conditions warrant.

If you have questions about this rule-making agenda, please contact Kay Brown, Rules Coordinator, P.O. Box 40903, Olympia, WA 98504, e-mail

Ongoing Rule Making: The EHO is undertaking rule making to comply with 2010 Wash. Laws Chs. 7, 84, 130, 210 and 285. 2010 Wash. Laws Ch. 210 eliminates the hydraulics appeals board (HAB) and the forest practices appeals board (FPAB), and transfers the administrative review functions of these boards to the pollution control hearings board (PCHB). 2010 Wash. Laws Ch. 7 eliminates the environmental and land use hearings board. To comply with these statutory changes, all of the HAB and ELUHB procedural rules are proposed for repeal. All of the FPAB rules, with the exception of WAC 223-08-087, the FPAB rule on temporary suspensions or discontinuances, are proposed for repeal. WAC 223-08-087 will remain in effect, and will be used by the PCHB when hearing forest practices appeals, until such time as a superseding temporary suspension or discontinuance rule is adopted for forest practices appeals before the PCHB. See 2010 Wash. Laws Ch. 210 42 (2).

2010 Wash. Laws Ch. 210 also changes the time frames for filing appeals from certain actions of various agencies, therefore necessitating changes in the procedural rules of the PCHB and Shorelines hearings board to conform with these statutory changes.

A CR-102 was published in WSR 10-13-173 on July 7, 2010, to give notice of this proposed rule making.

Anticipated Rule Making:

1. During the next six months, the EHO on behalf of the PCHB anticipates addressing the question of the appropriate standards and process for issuance of temporary suspensions or discontinuances in forest practices appeals through rule making. WAC 223-08-087 will likely be repealed and WAC 371-08-415 may be amended.

2. During the next six months, the EHO anticipates amending chapters 371-08 and 461-08 WAC to reflect the EHO's change of physical location. The EHO will be moving at the end of August 2010.

July 20, 2010

Kay M. Brown

Rules Coordinator

Washington State Code Reviser's Office