WSR 26-13-040

PREPROPOSAL STATEMENT OF INQUIRY

MILITARY DEPARTMENT

(Emergency Management Division)

[Filed June 10, 2026, 1:12 p.m.]

Subject of Possible Rule Making: Revisions to chapter 118-40 WAC, Hazardous chemical emergency response planning and community right-to-know reporting.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 118-40 WAC is promulgated under the general policy and rule-making authority of the military department as established by RCW 38.52.030(2), 38.52.050 (1) and (3), and 43.63A.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Current rules are dated. Emergency management agencies within the state agree a revision is needed.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington state military department, department of ecology, and Washington state patrol all have Emergency Planning and Community Right-to-Know Act responsibilities listed in chapter 118-40 WAC.

Process for Developing New Rule: Negotiated rule making; and collaborative stakeholder meetings will be held to discuss changes to WAC.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Susan Forsythe, 20 Aviation Drive, #20, Camp Murray, WA 98430, phone 253-512-7010, email susan.forsythe@mil.wa.gov, website https:mil.wa.gov [https://mil.wa.gov]; or David Kelley, 20 Aviation Drive, #20, Camp Murray, WA 98430, phone 253-512-7221, email David.kelley@mil.wa.gov, website https:mil.wa.gov [https://mil.wa.gov].

June 10, 2026

Susan Forsythe

Emergency Management Division

Field Representative Supervisor