Tag Archives: rulemaking

DES News: DES seeks feedback on the Purchasing Preference to Products that do not Contain Polychlorinated Biphenyls (PCBs) by December 8th, 2017

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Purchasing Preference to Products that do not Contain Polychlorinated Biphenyls (PCBs)

The Department of Enterprise Services is seeking a second round of feedback through Dec. 8 on a Draft Policy that establishes a purchasing preference to incentivize bidders for state contracts to provide products and products in packaging that do not contain, or contain the lowest possible level, of polychlorinated biphenyls (PCBs).

Enterprise Services is responsible for establishing such a policy under state law.

The draft policy is designed to:

  • Set a minimum preference of 5 percent or greater for products and products in packaging that do not contain – or contain the lowest levels of – PCBs.
  • Require agencies to complete PCB procurement and purchasing training.
  • Require including a PCB preference when contracts are rebid, when applicable.
  • Require agencies to document compliance with RCW 39.26.280.
  • Ensure termination of existing contracts or stock is NOT required.
  • Make good common sense in the marketplace.

Updated draft policy

The agency has been working to incorporate feedback that was received earlier this year into the initial draft policy.

In addition, one of the key elements in implementing the PCB Policy is to provide training.  Over the past several months, Enterprise Services has been working closely with the Washington State Department of Ecology to develop an informative training program.

 The primary updates to the previous draft policy are:

  • Specified a “certification” that bidders must complete to qualify for the PCB-free preference, and that Enterprise Services will provide a tool to agencies that will help vendors submit consistent information.  Ecology will assist agencies with evaluating the technical certification information (Ecology are the experts in this area).
  • Added wording to clarify that items considered not containing PCBs can have trace amounts of PCBs detected by tests, but not within quantifiable limits. As we are discovering, many goods and packaging contain PCBs but there is a limit to what the EPA Analytical Method 1668C will measure.
  • Allows bidders who have had their product(s) or products in packaging tested within the last 365 days to submit those results.
  • Added “Best Value Criteria” to incentivize bidders to work toward providing products and products in packaging that contain low or lowest amounts of PCBs. Through legal review, we determined that RCW 39.26.160(3) gives agencies the ability and option to develop and design procurements to meet this need. RCW 39.26.160(3) allows agencies to consider and work toward minimizing adverse impacts to human health and the environment or to weigh cost and non-cost considerations. Our training and training documents will outline how agencies can use this option to meet their needs.
  • Removed the section in the draft policy that defines PCBs, as the RCW already does that.
  • Removed the section in the draft policy that addresses existing contracts, as the RCW states that agencies will incorporate PCBs preference language into all new contracts.

How to send feedback

Please review the revised draft PCB Policy and provide feedback to Enterprise Services by Dec. 8, 2017. Feedback may be:

Submitted online

Or sent via email to christine.warnock@des.wa.gov.

For more information, contact Christine Warnock, (360) 407-9398.

Ecology News: The following rulemaking proposal was filed with the Office of the Code Reviser: Chapter 173-219 WAC, Reclaimed Water

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The following rulemaking proposal was filed with the Office of the Code Reviser: This proposal is out for public comment until October 13, 2017 and may be of some interest to SRRTTF members.

August 23, 2017

Chapter 173-219 WAC, Reclaimed Water

For more information:

http://www.ecy.wa.gov/programs/wq/ruledev/wac173219/0612/0612timedocs.html

To join or leave ECOLOGY-WAC-TRACK click here:
http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

Ecology News: The following rulemaking adoption was filed with the Office of the Code Reviser: Chapter 173-98 WAC Uses and Limitations of the Water Pollution Control Revolving Fund and Chapter 173-95A WAC Uses and Limitations of the Centennial Clean Water Program

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The following rulemaking adoption was filed with the Office of the Code Reviser:

August 8, 2017
Chapter 173-98 WAC – Uses and Limitations of the Water Pollution Control Revolving Fund
Chapter 173-95A WAC – Uses and Limitations of the Centennial Clean Water Program
For more information:
To join or leave ECOLOGY-WAC-TRACK click here:

Ecology News: Update on Solid Waste Handling Standards Rule Revision

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The purpose of this message is to update you on progress regarding revisions to the Solid Waste Handling Standards in Chapter 173-350 WAC.  You can find more information on our web pages beginning at http://www.ecy.wa.gov/programs/swfa/rules/wac173350/1308ov.html .
Ecology has worked with stakeholders since early 2014 to develop better and clearer rules.  Following release of the second public draft of the rule late in 2016, we received comments from about thirty stakeholders (both individuals and represented groups).  We received some input on almost every section of the draft rule.  Draft new section 995 for Soil and Sediment Use Criteria, and new section 021 Determination of Solid Waste and Recycling received the most comments.
After considering feedback on the second draft of the rule, Ecology concluded that more work was needed before we could make a formal rule proposal.  Staff have been reviewing comments and revising rule language since the public comment period for the second draft closed in February 2017.  We have continued to consult with stakeholders.  The Legislature included a proviso in Ecology’s operating budget for the 2017 – 2019 biennium, requiring a report on this rulemaking.  We expect that report to be available to the Legislature in September 2017, and we will post it to our website at that time.
Our present work plan calls for Ecology to issue a formal rule proposal in November 2017, followed by formal hearings in early 2018.  If adopted, Ecology will file the revised rule with the Office of the Code Reviser sometime next spring, and it would be effective 31 days after filing.
Thank you for your interest in this rulemaking.  If you have questions about the rule process, please send them to w2rrulemaking@ecy.wa.gov.   In the meantime, you can manage your subscription to our ListServ at https://listserv.wa.gov/cgi-bin/wa?SUBED1=ECY-SW-HANDLING-STANDARDS   Please let others know that they are welcome to subscribe if you think they may be interested.

 

Thank you.

Ecology News: Notice of Meetings on Washington’s Water Quality Assessment: January 19 and February 9, 2017

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The Washington Department of Ecology continues to hold meetings to have public dialogue on key issues around how we develop Washington’s Water Quality Assessment.  These meetings are being held in-person and by webinar.  Please mark your calendar for the following meeting dates and register if you are interested in attending:

  • Register for the January 19 meeting in Renton to discuss Data Used in the Assessment and Bioassessment.
  • Register for the February 9 meeting (sites in Lacey and Spokane) to discuss human health criteria and the use of fish tissue.

For more information and details go to our website: http://www.ecy.wa.gov/programs/wq/303d/proposed/index.html.

Questions should be addressed to: Susan Braley, Watershed Management Section, Washington Department of Ecology
Phone: (360) 407-6414
email: susan.braley@ecy.wa.gov

 

UPDATE: WAC 173-350-995 Soil and Sediment Use Criteria

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Update on the Soil and Sediment Use Criteria rule making.

WAC 173-350-995 Soil and Sediment Use Criteria

Previously proposed section 235 has been combined with new section 995 as Soil and Sediment Use Criteria. This new section addresses testing and terrestrial use of soil or sediment impacted by the release of one or more contaminants. The section sets contaminant limits for use in particular settings, and requires no permitting for conformance with the section. The section will not apply to soil or sediment within cleanup sites or thatare dangerous waste.

This topic was discussed by Marnie Solheim  at a previous Task Force meeting regarding the potential regulatory disconnect, given cleanup standards are not the same as water quality standards. Marnie presented at the September 2016 Task Force meeting. To see the summary of that discussion go to http://srrttf.org/?p=6988.

CSPA Reporting Rule Update

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Please see the response (below) from Kara Steward of the Department of Ecology regarding the the Task Force request to consider PCBs in the CSPA reporting ruling.

—————————–

Happy holidays to everyone.
Please extend my thanks to the members of SRRTTF for the request for consideration of PCBs as an addition to the Chemicals of High Concern to Children during the Children’s Safe Products Act rulemaking update.  Ecology reviewed the information submitted.  At this time, PCBs are not being considered as an addition to the CHCC list.  The scope of the current rulemaking is too narrow to accommodate a rulemaking change to lower the 100 part per million reporting limit for chemicals present as contaminants.
The updated CSPA documents are on this webpage:
Let me know if you have additional questions or comments.
Kindest regards,
Kara
Hazardous Waste & Toxics Reduction Program
360-407-6250 direct | kara.steward@ecy.wa.gov.

Federal Register publication of the Washington Water Quality Standards MORE INFORMATION

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The final rule was published in the Federal Register today, which means it will take effect on 12/28/16. All the information has been posted on EPA’s website here: https://www.epa.gov/wqs-tech/water-quality-standards-regulations-washington#fed

The docket is also now available (which is also available on the main link above) here: https://www.regulations.gov/docket?D=EPA-HQ-OW-2015-0174. The docket includes the response to comments and economic analysis – direct links to these documents below.

Response to comments: https://www.regulations.gov/document?D=EPA-HQ-OW-2015-0174-0427

Econ analysis: https://www.regulations.gov/document?D=EPA-HQ-OW-2015-0174-0300

ECOLOGY NEWS: Policy 1-11 workshop, December 13th and 14th. Register Now!

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Ecology will hold a two day workshop on Washington’s Water Quality Assessment and Policy 1-11.

Registration is now open for the two days workshop that will be held on Dec. 13 and 14 from 9:00 am – 4:00 pm at Lacey Community Center.  You can participate in person or by webinar.

The portion that most Task Force members will want to participate in will be the December 14th (2nd day). Please go to the following link and fill out the survey information to register. https://www.surveymonkey.com/r/WQA_Meeting 

Public meetings on the Water Quality Assessment and Water Quality Policy 1-11 will be held next week onDec. 13 and 14 from 9 a.m. – 4 p.m. at Lacey Community Center.   If you plan to attend in-person or by Webinar, please register at:   https://www.surveymonkey.com/r/WQA_Meeting.
 
Agendas for the two days are as follows:
 
Tuesday, December 13
9 a.m. – Noon                  Data used in the Assessment (representativeness, confidence levels, transparency)
Noon – 1 p.m.                  Lunch
1 – 3:30 p.m.                    Bioassessment
3:30 – 4 p.m.                    Wrap up and next steps for each topic
 
Wednesday, December 14
9 a.m. – Noon                  Toxics Data and use of fish tissue
Noon – 1 p.m.                  Lunch
1 – 2 p.m.                          TMDL Prioritization
2 – 3:30 p.m.                    Sediment Management Standards used for listing
3:30 – 4 p.m.                    Wrap up and next steps for each topic
 
We have posted on our website Issue Papers and related materials for the 5 key topics that will be the basis of discussion for the meetings.  If you plan to participate, we encourage you to read these prior to the meetings if possible.
 
Thank you for your interest in Washington’s water quality.
 
Susan Braley
Watershed Management Section
Phone: (360) 407-6414