WSR 15-07-014

PREPROPOSAL STATEMENT OF INQUIRY

[Order 15-01—Filed March 9, 2015, 2:26 p.m.]

Subject of Possible Rule Making: The department of ecology is beginning a rule making to revise chapter 173-351 WAC, Criteria for municipal solid waste landfills, by adding two hazardous organic constituents to Appendix III of WAC 173-351-990: 2,3,7,8-Tetrachlorodibenzo- p-dioxin - [CAS 1746-01-6] and alpha, alpha-Dimethylphenethylamine [CAS 122-09-8].

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.95.020 and 70.95.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Revising chapter 173-351 WAC will clarify requirements for landfill operators, and enable ecology to obtain full approval of our municipal solid waste rules from the Environmental Protection Agency (EPA).

This revision is necessary to be consistent with federal rules in 40 C.F.R. Part 258. Operators of municipal solid waste landfills must meet federal program requirements. Revising our rule eliminates possible noncompliance for facilities that inadvertently omit the two additional constituents required by federal rules. It also clarifies monitoring requirements for local jurisdictional health authorities that have the lead for issuing and enforcing solid waste permits.

Ecology's municipal solid waste landfill program operates under partial approval from EPA. With the proposed addition of these two constituents, EPA will publish a tentative determination of full program adequacy in the Federal Register. If there are no objections, EPA will follow with an approval of the research, development and demonstration element that is part of our current state program. After this rule making is complete and the revised rules are effective, we will update our application to EPA. That will complete the process to receive full approval of the program from EPA.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States EPA specifies criteria for municipal solid waste landfills under 40 C.F.R. Part 258. The state program is currently partially approved by EPA under 40 C.F.R. Part 239. The only identified barrier to full program approval of the state program is the lack of the two constituents identified in this preproposal for rule making. EPA has said they will move forward with full program approval if ecology shows a commitment to make the changes in state rules proposed under this rule making. We have been coordinating with EPA, and legal counsel for both agencies have been involved. Local jurisdictional health authorities issue solid waste permits subject to ecology review. Local permits must at least meet state program requirements. Ecology has a communication strategy for this rule making that includes outreach to all municipal solid waste landfill operators and health jurisdictions and impacted and interested parties.

Process for Developing New Rule: This is a standard rule-making effort following the requirements set forth in the state's Administrative Procedure Act. The agency has a communication strategy for informing potentially affected facility managers and operators. We will advertise the rule making, and invite comments, including a public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Details of this rule making, including how to participate will be published on ecology's web pages beginning at http://www.ecy.wa.gov/programs/swfa/rules/ruleDev.html. This rule-making action is very limited in scope. It incorporates specific federal requirements, to which certain already established state requirements apply. Our communication strategy specifically calls for outreach to regulated facilities owners/operators and local jurisdictional health authorities. Ecology will invite informal comments and questions for a period of time prior to filing a formal rule proposal and holding a public hearing. Questions and inquiries should be directed to Kyle Dorsey, rules and policy specialist, by e-mail kyle.dorsey@ecy.wa.gov or phone (360) 407-6559.

March 6, 2015

Laurie G. Davies

Waste 2 Resources

Program Manager