WSR 13-22-088
[Order 13-09—Filed November 6, 2013, 10:15 a.m.]
Subject of Possible Rule Making: Ecology plans to amend chapter 173-322 WAC, Remedial action grants and loans, to:
1. Implement changes to the Model Toxics Control Act, chapter 70.105D RCW, passed by the Washington state legislature in 2013 affecting the remedial action grant and loan program. The legislation establishes new funding priorities for the program and directs ecology to make several changes to the program, including:
Enter into extended grant agreements with local governments for remedial action projects exceeding $20 million and occurring over multiple budget cycles. Such projects would receive priority for grant funds.
Provide integrated planning grants to local governments for studies that facilitate the cleanup and reuse of contaminated sites.
Provide area-wide groundwater remedial action grants without requiring local governments to be a potentially liable person or seek reimbursement of grant funds from such persons.
Enter into grant agreements with local governments before they acquire or secure access to a property, provided they include a schedule.
Provide periodic reimbursement of the costs of independent remedial actions.
2. Make other appropriate changes to the requirements governing remedial action grants and loans (such as grant match requirements).
3. Streamline existing requirements, improve rule clarity, and improve consistency with other requirements in this chapter or with other state and federal laws and rules (such as coordinating with agency-wide efforts to streamline and standardize grant processes).
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.105D RCW, Model Toxics Control Act, as amended by chapters 1 and 28, Laws of 2013.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendments to chapter 173-322 WAC, Remedial action grants and loans, are needed to:
1. Comply with changes to the Model Toxics Control Act, chapter 70.105D RCW, passed by the Washington state legislature in 2013, and continue to implement those changes after June 30, 2014.
2. Encourage and expedite the cleanup and reuse of contaminated sites by local governments.
3. Make the rule easier to use and understand.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of ecology is responsible for implementing the remedial action grant and loan program established by the Model Toxics Control Act, chapter 70.105D RCW. Other state and federal agencies also provide funding to local governments that can often be used to help leverage the cleanup of contaminated sites. For example, the department of commerce manages the brownfield revolving loan fund (BRLF), which provides low-interest loans to local governments for cleaning up brownfield properties. The BRLF is funded by the United States Environmental Protection Agency. Ecology will provide such agencies an opportunity to participate in the rule-making process.
Process for Developing New Rule: When developing the rule proposal, ecology plans to consult with local governments and other interested parties to help determine how to implement the legislative changes and whether any other changes should be made to the existing rule. As part of those consultations, ecology may share draft rule language. Ecology will provide the public an opportunity to comment and at least one public hearing on the rule proposal. Ecology will respond to public comments on the rule proposal and make appropriate changes. During the rule-making process, ecology also plans to revise the associated remedial action grant guidelines and provide an opportunity to comment on the draft guidelines.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can access information on this rule making and public involvement opportunities by:
1. Accessing the following agency web page
2. Signing up to receive e-mail notices at
3. Contacting Adrienne Dorrah, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7195, fax (360) 407-7154, e-mail
November 5, 2013
James J. Pendowski
Toxics Cleanup Program Manager