State of Washington to improve hazardous waste planning fee rule

Ecology calculates the Hazardous Waste Planning Fee using a formula that applies risk factors to specific types of dangerous waste. Currently, the agency applies the following risk factors to an individual waste stream:  

• One for a waste stream that designates as DW and  

• 10 for a waste stream that designates as EHW.  

According to a news release from Ecology, current law doesn’t specify which risk factor to apply to a waste stream that designates as both DW and EHW. The proposed change would specify a risk factor of 1 to waste streams that designate as both DW and EHW.  

While the state’s dangerous waste regulations don’t require all hazardous waste generators to designate for EHW, unless they meet specific conditions in WAC 173-303-070, the designation requirements make generators manage their waste under management standards based on their generator category. This means the rulemaking will not impact the overall risk these wastes pose.  

State agencies have authority delegated through federal and state law to implement and enforce various rules. Ecology accomplishes this through its open and public rulemaking process, which includes three phases:  

1. The first phase starts with filing a preproposal Statement of Inquiry (CR-101 form) with the office of the code reviser that states the intent of the agency to adopt administrative rules and the purpose of those rules. The CR-101 form is published in the Washington State Register and announces Ecology is starting rule development.  

2. The second phase begins when the agency files a notice of proposed rulemaking (CR-102 form) with the office of the code reviser, which is published in the Washington State Register and contains the formal proposed rule language. The CR-102 provides background information on the proposal and other documents related to the rulemaking also. This filing opens the formal comment period during which Ecology will hold at least one public hearing and the public can submit comments to the agency. Ecology considers the comments as it finalizes its recommendations for adoption.  

3. In the third phase, Ecology files a rulemaking order (CR-103 form) that announces the rule adoption. The rule becomes adopted when the agency director signs the form and typically takes effect 31 days after filing.