The Department of Ecology is proposing to revise the Solid Waste Handling Standards in Chapter 173-350 of the Washington Administrative Code (WAC). Proposed changes were filed with the Office of the Code Reviser on January 23, 2018. The notice includes information about changes to the rule, how to participate in public hearings, how to submit comments, and other important details about this rulemaking.
The Solid Waste Handling Standards in Chapter 173-350 WAC are the state’s primary rules for the regulation of non-hazardous solid waste. The rule does not regulate the design or operation of municipal solid waste landfills (see Chapter 173-351 WAC – Criteria for Municipal Solid Waste Landfills). While the rule does not regulate hazardous waste, it does regulate moderate risk waste that has characteristics of hazardous waste. Changes proposed to sections 220, 225 and 250 are intended only for the purposes of clarification and consistency with other sections of the rule.
Experience implementing the rule and input from stakeholders identified many areas in need of improvement. Issues previously identified as priorities (preproposal statement of inquiry – CR-101) included updating definitions, clarifying criteria for inert waste classification and when earthen material/soil is a solid waste, as well as streamlining recordkeeping and reporting requirements. In the CR-101 for this rulemaking, Ecology announced it would also address other issues that might result in substantive changes, as well as clarifications and corrections to language in the chapter not expected to change the overall effect of the rule. This rulemaking will:
- Standardize language and organization to improve usability and consistency across the rule.
- Improve user ability to identify solid wastes apart from commodities, and support material recovery and recycling activities while protecting public health and the environment.
- Help users more easily distinguish inert wastes from other materials requiring a higher standard of management.
- Clarify applicability of the rule, operational requirements, and timeframes for managing solid wastes in piles.
- Distinguish between clean and contaminated soils and dredged material, and clarify management requirements.
- Make other changes to the rule. See the proposed language for more details on all changes.
We anticipate adopting the proposed rule on April 25, 2018. You can learn more about this rulemaking by visiting https://ecology.wa.gov/Regulations-Permits/Laws-rules/Rulemaking/WAC-173-350-Nov13.
How to Comment on Proposed Revisions
The comment period is open for this rulemaking. Please take note, we have implemented a new on line comments system (http://wt.ecology.commentinput.com/?id=N3EMG). Your comments carry the same weight in any form. The online system allows you to enter comments directly, and you may submit a letter or other response document if you wish. Please note, comments are a matter of public record. Any information (e.g., personal or contact) you provide in a comment or in an attachment may be publicly disclosed and posted on the Internet.
You may also submit comments at one of the public hearings, or by mail to Kyle Dorsey at:
- PO Box 47600, Olympia, WA 98504-7600 (U.S. mail)
- 300 Desmond DR SE, Lacey, WA 98503 (parcel delivery services
Documents Available for Review
Notice of Proposed Rule Making (form CR-102)
Proposed rule language
Preliminary Regulatory Analyses (includes)
o Preliminary Cost-Benefit Analysis
o Least Burdensome Alternative Analysis
o Administrative Procedure Act Determinations
o Regulatory Fairness Act Compliance
Environmental Checklist (State Environmental Policy Act – SEPA)
o Determination of Nonsignificance
Preliminary Citation List
If you would prefer to review hard copies of any of these documents please contact Kyle Dorsey, Rules and Policy Coordinator, Waste 2 Resources Program at [email protected] or 360-407-6559.
Public Hearings
First Hearing – March 6, 2018
Hearings occur on March 6 and March 9, in two different locations each day. They begin at 9:00 AM on each date, and both are accessible remotely by webinar. You may attend in either of two locations below on March 6th.
Ecology Headquarters Ecology Northwest Regional Office
300 Desmond Dr SE, Lacey 160th Ave SE, Bellevue
You may also participate remotely by webinar. A webinar is an online meeting forum that you can attend from any computer using internet access. To join the webinar for the March 6 hearing, click on the following link for more information and instructions: https://watech.webex.com/watech/j.php?MTID=m94a01659810819e31fd7c2d1db093317.
Meeting Number: 804 165 501
Meeting Password: Ecology1
For audio only, call US toll number 1-650-479-3208 or toll free 1-877-668-4493 and enter access code 804 165 501. Or to receive a free call back, provide your phone number when you join the event.
Second Hearing – March 9, 2018
Hearings occur on March 6 and March 9, in two different locations each day. They begin at 9:00 AM on each date, and both are accessible remotely by webinar. You may attend in either of two locations below on March 9th.
Ecology Central Regional Office Ecology Eastern Regional Office
1250 W Alder St, Union Gap 4601 N Monroe, Spokane
Webinar: You may also participate remotely by webinar. A webinar is an online meeting forum that you can attend from any computer using internet access. To join the webinar for the March 9 hearing click on the following link for more information and instructions: https://watech.webex.com/watech/j.php?MTID=mf0c938692688a15bda43b5f59841845a.
Meeting Number: 802 522 807
Meeting Password: Ecology1
For audio only, call US toll number 1-650-479-3208 or toll free 1-877-668-4493 and enter access code 802 522 807. Or to receive a free call back, provide your phone number when you join the event.
Request an Accommodation
To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Hanna Waterstrat at [email protected] or 360-407-7668, or visit https://ecology.wa.gov/accessibility. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.