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  • Category Archives A DOE Public Notice
  • Ecology’s Agenda July-Dec. 2017

    WA STATE DEPARTMENT OF ECOLOGY (DOE)

    WSR 17-16-063 [Filed July 25, 2017, 2:12 p.m.]

    Rule-Making Agenda July – December 2017

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    FROM JAN 26, 2011…..

    WA STATE (DOE) ECOLOGY THE WE’S WHO ALWAYS WANT MORE

    Behind My Back | WA DOE $50 Comment Recording Fee?

    www.behindmyback.org/2017/07/12/6854/

    Jul 12, 2017Protests must be accompanied by a $50 recording fee payable to the Department of …. www.behindmyback.org/2013/10/26/fee-fie-foe-fum/.

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    Behind My Back | Are You A Normal Person?

    www.behindmyback.org/2015/05/18/are-you-a-normal-person/

    May 18, 2015If you‘re a normal person, you‘d answer “yes, people usually are more important … www.behindmyback.org/2015/02/01/high–dry-and-destitute/.

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    WA State DOE | Citizen Review Online

    citizenreviewonline.org/category/wa-state-doe/page/2/

    Jan 25, 2013from Behind My Back.org. DEPRIVED OF … (previously posted behindmyback.org.) …. “It’s a money deal,” she said, adding, “Ecology sucks.

    ————————————————

    Behind My Back | “Ecology Sucks”

    www.behindmyback.org/2013/04/15/ecology-sucks/

    Apr 15, 2013 – Ecology Sucks” And, the rest of the story. The local news … citizenreviewonline.org/ecologys-qa-session-in-sequim-about-… Jan 17, 2013 …

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    Dungeness Water Rule: Control of the water – control of the people …

    citizenreviewonline.org/dungeness-water-rule-control-of-the-water-control-of-the-peo…

    Apr 16, 2013 – visit my website behindmyback.org for more educational WATER posts …. Yes, I did say “ECOLOGY SUCKS” that is my position and I am …

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    YES, I DID SAY ECOLOGY SUCKS ON Jan 17, 2013.

    THAT IS MY PUBLISHED OPINION AND ON AUG 16, 2017,  I’M STICKING WITH IT!

    WSR 17-16-063

    AGENDA

    DEPARTMENT OF ECOLOGY

    [Filed July 25, 2017, 2:12 p.m.]

    Pursuant to RCW 34.05.314, following is the department of ecology’s rule[s] agenda for July – December 2017.

    If you have any questions please contact Bari Schreiner by phone (360) 407-6998 or email Bari.Schreiner@ecy.wa.gov.

    Rule-Making Agenda

    July – December 2017

    Where “est.” appears before a date that means the date is an estimate.

    AO Number

    WAC Chapter

    Date of

    Filing

    CR-101

    Date of

    Filing

    CR 102

    Hearing Date(s)

    Date of

    Filing

    CR 103

    Rule-Making

    Lead

    Administration

    16-14

    Chapter 173-03 WAC, Public records

    2/28/17

    est.

    September 2017

    est.

    October 2017

    emergency rule 7/20/17 permanent rule adoption est. December 2017

    Linda Anderson

    16-10

    Chapter 173-323 WAC, Grants and loans

    7/25/17

    est.

    October 2017

    est.

    November 2017

    est.

    December 2017

    Bari Schreiner

    Air Quality

    16-12

    Chapter 173-407 WAC, Carbon dioxide mitigation program, greenhouse gases emissions performance standard and sequestration plans and programs for thermal electric generating facilities

    2/7/17

    est.

    September 2017

    est.

    October 2017

    est.

    February 2018

    Caroline Sun

    16-09

    Chapter 173-455 WAC, Air quality fee rule and chapter 173-400 WAC, General regulations for air pollution sources

    2/6/17

    est.

    August 2017

    est.

    September 2017

    est.

    February 2018

    Joanna Ekrem

    15-07

    Chapter 173-400 WAC, General regulations for air pollution sources and chapter 173-401 WAC, Operating permit regulations

    7/21/15 Revised CR-101 12/16/16

    est.

    fall 2017

    est.

    fall 2017

    est.

    winter 2018

    Elena Guilfoil

    Hazardous Waste and Toxics Reduction

    16-03

    Chapter 173-303 WAC, Dangerous waste regulations

    original CR-101 2/17/16 withdrawal of pervious [previous] CR-101 and filing of new CR-101 2/21/17

    est.

    July 2018

    est.

    August 2018

    est.

    November 2017

    Rob Rieck

    16-08

    Chapter 173-334 WAC, Children’s safe products—Reporting rule

    8/9/16

    3/22/17

    4/25/17

    est.

    August 2017

    Kara Steward

    Shorelines and Environmental Assistance

    15-06

    Shoreline Management Act implementation rules: Chapters 173-18, 173-20,173-22,173-26, and 173-27 WAC

    9/2/15

    2/28/17

    4/5/17, 4/6/17, 4/11/17 and 4/13/17

    est.

    August 2017

    Fran Sant

    Toxics Cleanup Program

    16-02

    Chapter 173-360 WAC Underground storage tank regulations

    3/23/16

    est.

    November 2017

    est.

    December 2017 or January 2018

    est.

    May 2018

    Kris Grinnell

    Waste 2 Resources

    13-08

    Chapter 173-350 WAC, Solid waste handling standards

    11/5/13

    est.

    November 2017

    est.

    December 2017/January 2018

    est.

    March 2018

    Kyle Dorsey

    15-15

    Chapter 173-312 WAC, Coordinated prevention grants and chapter 173-313 WAC, Local solid waste enforcement grant regulation

    12/22/15

    5/24/17

    6/27/17

    est.

    August 2017

    Kyle Dorsey

    Water Quality

    17-02

    Chapter 173-228 WAC, Vessel sewage no discharge zone

    7/5/17

    est.

    October 2017

    TBD

    est.

    February 2018

    Amy Jankowiak and Becca Conklin

    06-12

    Chapter 173-219 WAC, Reclaimed water

    11/7/06 withdrawn 6/4/14 new CR-101 6/4/14

    6/16/15 continuance filed 8/17/15

    withdrawal 12/23/15

    new CR-102 anticipated August 2017

    first round held in July 2015 second round est. September

    est.

    January 2018

    Jocelyn Jones

    16-04

    Chapter 173-95A WAC, Uses and limitations of the centennial clean water program and chapter 173-98 WAC, Uses and limitations of the water pollution control revolving fund

    7/19/16

    4/19/17

    5/31/17

    est.

    August 2017

    Daniel Thompson

     Open – On Hold

    Air Quality

    13-04

    Chapter 173-491 WAC, Emission standards and controls for sources emitting gasoline gas vapors, chapter 173-400 WAC, general regulations for air pollution sources, and chapter 173-455 WAC, Air quality fee rule

    7/2/13

    on hold

    on hold

    on hold

    Elena Guilfoil

    Hazardous Waste and Toxics Reduction

    15-12

    Chapter 173-333 WAC, Chemical action plans (formerly PBT)

    10/12/15

    on hold

    on hold

    on hold

    Kara Steward and Rob Rieck

    Water Resources

    05-03

    Chapter 173-525 WAC, Grays Elochoman instream resources protection and water management program WRIA 25

    3/2/05

    4/19/10 continuance filed 6/16/10 expired 11/1/10

    on hold

    on hold

    on hold

    Ann Wessel

    05-04

    Chapter 173-526 WAC, Cowlitz instream resources protection and water management program WRIA 26

    3/2/05

    4/19/10 continuance filed 6/16/10 expired 11/1/10

    on hold

    on hold

    on hold

    Ann Wessel

    05-02

    Chapter 173-503A WAC, Samish River subbasin instream resources protection program, lower and upper Skagit water resources inventory area (WRIAs 3 and 4)

    2/15/05

    on hold

    indefinitely

    on hold

    indefinitely

    on hold

    indefinitely

    Ann Wessel

    Waste 2 Resources

    15-11

    Chapter 173-331 WAC, Vehicle battery recycling program

    12/2/15

    on hold

    on hold

    on hold

    Kyle Dorsey


  • More DOE Fees Increased By Rule

    ——————————————————————–

    ——————————

    —– Original Message —–

    From:Ballard, Laura (ECY)

    To:ECOLOGY-WAC-TRACK@LISTSERV.WA.GOV

    Sent: Tuesday, July 25, 2017 6:43 AM

    Subject: The following rulemaking adoption was filed with the Office for Chapter 173-224 WAC, Water Quality Permit Fees

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

    July 20, 2017

    Chapter 173-224 WAC, Water Quality Permit Fees (previously called Wastewater Discharge Permit Fees) For more information:

    http://www.ecy.wa.gov/programs/wq/ruledev/wac173224/1611ov.html

    To join or leave ECOLOGY-WAC-TRACK click here:

    http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

    Thank you for using WACTrack.

    Have a good day!

    —————————————————————

    RCW 90.48.465 – Water Pollution Control requires that Ecology establish, by rule, annual fees that fund the wastewater and stormwater permit programs.

    Ecology amended Chapter 173-224 WAC – Wastewater Discharge Permit Fees. This amendment allows permit fees to be increased for Fiscal Year 2018 (July 2017 – June 30, 2018) and Fiscal Year 2019 (July 2018 – June 2019) so that we can recover the cost of administering the wastewater and stormwater programs this biennium.

    Scope of rule development

    State law (RCW 80.48.465 – Water Pollution Control) requires Ecology to fund its wastewater and stormwater permit programs through annual fees paid by permit holders.

    The proposed changes sought to continue moving the program toward payment equity between permit categories. Ecology adopted a larger percentage fee increase for underpaying categories and a smaller percentage fee increase for overpaying categories.

    Ecology’s goals in establishing the percentage splits are to honor the need for fund equity while not over-burdening the under-paying categories with an increase that is not sustainable.

    We updated rule language to account for changes in current business practices relating to electronic payment options, collection processes, and data collection. We also removed the winery general permit fee category for the 2017-19 biennium, as this new permit will not be effective until July 1, 2019.

    The adopted percentages increases by category are:

    Underpaying Fee Categories
    SFY 2018
    (July 1, 2017 – June 30, 2018)
    6.37%
    • Aluminum Alloys
    • Aluminum and Magnesium Reduction Mills
    • Aluminum Forming
    • Aggregate Production – Individual and General Permits
    • Aquatic Pest Control
    • Boatyards (Individual and General Permits)
    • Coal Mining and Preparation
    • Concentrated Animal Feeding Operations
    • Dairies
    • Iron and Steel
    • Metal Finishing
    • Nonferrous Metals Forming
    • Ore Mining
    • Private and State Owned Facilities
    • Shipyards
    • Stormwater Construction (Individual and General Permits)
    • Stormwater Industrial (Individual and General Permits)
    • Stormwater Municipal Phase 1 and 2 Permits
    SFY 2019
    (July 1, 2018 – June 30, 2019)
    5.58%
    Overpaying Fee Categories
    SFY 2018
    (July 1, 2017 – June 30, 2018)
    5.50%
    • Aquaculture
    • Combined Industrial Waste Treatment
    • Combined Food Processing Waste Treatment
    • Combined Sewer Overflow System
    • Commercial Laundry
    • Crop Preparing (Individual and General Permits Facilities
    • Not Otherwise Classified (Individual and General Permits)
    • Flavor Extraction
    • Food Processing
    • Fuel and Chemical Storage
    • Hazardous Waste Cleanup Sites
    • Ink Formulation and Printing
    • Inorganic Chemicals Manufacturing Noncontact Cooling Water With Additives (Individual and General Permits)
    • Noncontact Cooling Water Without Additives (Individual and General Permits)
    • Municipal Wastewater – >250,000 Residential Equivalents
    • Organic Chemical Manufacturing
    • Petroleum Refining
    • Photofinishers
    • Power and/or Steam Plants
    • Radioactive Effluents and Discharges
    • RCRA Corrective Action Sites
    • Seafood Processing
    • Solid Waste Sites
    • Textile Mills
    • Timber Products
    • Vegetable/Bulb Washing Facilities
    • Vehicle Maintenance and Freight Transfer
    • Water Plants (Individual and General Permits)
    SFY19
    (July 1, 2018 – June 30, 2019
    4.50%

    More information on the fees is available for Fiscal Years 2018 and 2019.

    INDEED, THE DOE DID…..  update their rules language to account for changes in current business practices relating to electronic payment options, collection processes, and data collection.

    ———————————————————————-

    More information on DOE  fees is available……

    WHERE THE GOVERNMENT DOES MOST OF MY BUSINESS!

    Behind My Back | Drowning in Stormwater Runoff Tax?

    www.behindmyback.org/2014/03/16/drowning-in-stormwater-runoff-tax/

    Mar 16, 2014WHO IS Drowning in WA STATE Stormwater Runoff Tax? …. http://daily.sightline.org/2013/05/09/the-skinny-on-was-new-stormwater-permits-1/.

    THE Regional Stormwater Monitoring Program (RSMP)

    Participants in The Phase I and II permit will help fund the monitoring and data analysis  (KING COUNTY, FOR EXAMPLE, MUST PAY $15,000 FOR THE FIRST YEAR AND $74,540 FOR SUBSEQUENT YEARS TO PARTICIPATE.)

    The updated rules are contained in the state’s new Municipal Stormwater permits which are administered by the Washington Department of Ecology.

    ECOLOGY IS DESIGNATED BY THE ENVIRONMENTAL PROTECTION AGENCY TO UPHOLD THE FEDERAL CLEAN WATER ACT

    Phase I Washington Municipal Stormwater Permit

    (COERCED) Participants in THE PHASE I permit will help fund the monitoring and data analysis. (KING COUNTY, FOR EXAMPLE, MUST PAY $15,000 FOR THE FIRST YEAR AND $74,540 FOR SUBSEQUENT YEARS TO PARTICIPATE. in The Regional Stormwater Monitoring Program (RSMP)

    Phase II Western Washington Municipal Stormwater Permit

    The Phase II permit for western Washington covers at least 80 cities and portions of five counties with an effective date of September 1, 2012. The updated 2013-2018 permit became effective on August 1, 2013.

    The new PHASE II MUNICIPAL STORMWATER PERMIT, which covers the next most populated areas and affects nearly 100 cities around the state.

    (COERCED) Participants in THE PHASE II permit will help fund the monitoring and data analysis.

    ECOLOGY IS DESIGNATED BY THE ENVIRONMENTAL PROTECTION AGENCY TO UPHOLD THE FEDERAL CLEAN WATER ACT


  • Public Notice Every Fruit Packer in WA State

    Public Notice Every Fruit Packer in WA State

    Every new or existing fresh fruit packing facility within the entire state of Washington which receives, packs, stores, and/or ships either hard or soft fruit is required to apply for coverage under either this general permit or an individual NPDES/state waste discharge permit.

    ————————————————-

    The following PUBLIC NOTICE published to the Washington State Register May 4, 2016:

    WSR 16-09-074 DEPARTMENT OF ECOLOGY

    Types of Facilities or Dischargers and Geographic Area Covered:

    Every new or existing fresh fruit packing facility within the entire state of Washington which receives, packs, stores, and/or ships either hard or soft fruit is required to apply for coverage under either this general permit or an individual NPDES/state waste discharge permit.

    ECONOMIC IMPACT ANALYSIS: Ecology completed a new economic impact analysis that will be available May 2016

    All written comments should be submitted by 5:00 p.m. on June 17, 2016, to the Department of Ecology, 1250 West Alder Street, Union Gap, WA 98903, Attn: Cynthia Huwe, cynthia.huwe@ecy.wa.gov.

    ————————————————-

    The bottom line…

    Word gets around in Cyberspace

    ——————————————————————————–

    —– Original Message —–

    From: Rodriguez, RaChelle (ECY)

    To: ECOLOGY-WAC-TRACK@LISTSERV.WA.GOV

    Sent: Thursday, May 05, 2016 4:05 PM

    Subject: The following Public Notice published to the Washington State Register May 4, 2016

     

    The following Public Notice published to the Washington State Register May 4, 2016:

     

    WSR 16-09-074

    DEPARTMENT OF ECOLOGY

    [Filed April 18, 2016, 2:18 p.m.]

    PUBLIC NOTICE OF DRAFT GENERAL NATIONAL

    POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

    PERMIT FOR THE FRESH FRUIT PACKING INDUSTRY

    http://lawfilesext.leg.wa.gov/law/wsr/2016/09/16-09-074.htm

    WSR 16-09-074

    DEPARTMENT OF ECOLOGY

    [Filed April 18, 2016, 2:18 p.m.]

    PUBLIC NOTICE OF DRAFT GENERAL NATIONAL

    POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

    PERMIT FOR THE FRESH FRUIT PACKING INDUSTRY

    Introduction: In 1994, the Washington state department of ecology (ecology) developed an NPDES general permit to regulate the discharge of wastewater from fresh fruit packing facilities.

    This permit was developed to meet the requirements of chapters 90.48, 90.52, and 90.54 RCW as amended, and the Federal Water Pollution Control Act (FWPCA) (Title 33 United States Code, Section 1251 et seq.) as amended. All requirements of 40 Code of Federal Regulations (C.F.R.) 122.41 and 122.42 are incorporated in this general permit by reference.

    The fruit packing industry is eligible for coverage under a general permit due to: (1) The similar wastewater characteristics among facilities; (2) the uniform discharge conditions to which all facilities would be subject; and (3) the significant reduction of resources necessary for permit handling. However, individual NPDES/state waste discharge permits will still be applied in those instances where ecology determines the general permit is not appropriate for a facility or an individual facility does not wish to be covered by the general permit.

    This general permit establishes treatment/disposal methods, effluent limits, and best management practices for discharges from the fresh fruit packing industry. Compliance with this general permit is anticipated to protect human health and waters of the state.

    Types of Facilities or Dischargers and Geographic Area Covered: Every new or existing fresh fruit packing facility within the entire state of Washington which receives, packs, stores, and/or ships either hard or soft fruit is required to apply for coverage under either this general permit or an individual NPDES/state waste discharge permit.

    Documents Available for Review: You may download a copy of the draft permit and fact sheet at http://www.ecy.wa.gov/programs/wq/permits/fruit_packers/index.html; or you may request a copy from Cynthia Huwe, (509) 457-7105 or e-mail cynthia.huwe@ecy.wa.gov.

    Public Workshops: Public workshops concerning this draft general permit shall be held on May 18, 2016, in Union Gap and May 19, 2016, in Leavenworth. WebDMR training will also take place on these dates. Please see below for location and exact times.

    DATE Wednesday

    May 18, 2016

    Thursday

    May 19, 2016

    WORKSHOP BEGINS 9:00 a.m. to noon 1:30 to 4:00 p.m.
    WebDMR TRAINING

    BEGINS

    1:30 to 3:30 p.m. 10:00 a.m. to noon
    LOCATION Washington State

    Department of Ecology

    – CRO

    Chelan County Fire District #3 Community Fire Hall
    ADDRESS 1250 West Alder Street 228 Chumstick Highway
    CITY Union Gap, WA 98903 Leavenworth, WA 98826
    ROOM 102 B

    Additional WebDMR Training: An additional WQWebDMR system training (training only, no workshop) will be offered on Thursday, August 18, 2016, from 10 a.m. to noon at the Central Regional Office, 1250 West Alder Street, Union Gap, WA, in Conference Room 102B.

    When and How to Submit Comments: Comments on the proposed general permit may be given at the public hearings. Interested persons are also invited to submit written comments regarding the proposed general permit. All written comments should be submitted by 5:00 p.m. on June 17, 2016, to the Department of Ecology, 1250 West Alder Street, Union Gap, WA 98903, Attn: Cynthia Huwe, cynthia.huwe@ecy.wa.gov.

    This notice will be published in the legal section of the Yakima Herald-Republic and the Wenatchee Daily World on May 4, 2016. A mailing containing this notice will be sent to all current permittees and other interested parties.

    Final Determination: All comments received at the public hearings or at ecology’s central regional office by 5:00 p.m. on June 17, 2016, will be considered before final permit terms, limitations, and conditions are established. A responsive summary of comments received during the comment period will be prepared and available for public review. If the final content of the general permit remains substantially unchanged from the draft permit, a copy of the final determination in the form of a public notice of issuance shall be forwarded to all persons who submitted written comment or gave public testimony regarding the permit. However, if the final determination is substantially changed, another public notice of draft permit shall be published.

    Economic Impact Analysis: Ecology completed a new economic impact analysis that will be available May 2016, on department of ecology’s publications and forms web site located at https://fortress.wa.gov/ecy/publications/UIPages/Home.aspx.

    Tentative Determination to Issue: After ecology receives and considers all public comments, it will issue the final permit. Ecology expects to issue the general permit in August 2016, with an effective date of September 1, 2016.

    Further Information: Contact Sanjay Barik at sanjay.barik@ecy.wa.gov, (509) 454-4247; or Marcia Porter at marcia.porter@ecy.wa.gov, (509) 454-7864; 1250 West Alder Street, Union Gap, WA.

    Ecology is an equal opportunity agency and does not discriminate on the basis of race, creed, color, disability, age, religion, national origin, sex, marital status, disabled veteran’s status, Vietnam Era veteran’s status or sexual orientation. If you have special accommodation needs or require this document in alternative format, please contact Cynthia Huwe at (509) 457-7105.

    The bottom line…

    Word gets around in Cyberspace