February 29, 2012

Ecology received comments on preliminary rule language

Working with the Sediment Cleanup Advisory Committee Ecology developed a preliminary draft SMS rule.  We received input from the committee (both verbal during meetings and written) and input from other interested persons submitted by January 18, 2012.   From this input we will be developing the draft rule that will be published in the summer for formal public comment.  Ecology will hold public hearings and accept formal public comments. We will consider and evaluate all input and comments and make appropriated changes to the draft rule based on input and comments.

To view comments Ecology has received on the preliminary rule language please click here: comments received.

The preliminary draft rule is located among the December 9, 2011 committee meeting materials:  Preliminary SMS draft rule.
 

Ecology continues work on the Sediment Management Standards

The Sediment Cleanup Advisory Committee met three times from October 28, 2011 through December 9, 2011 to discuss the preliminary draft rule language. Materials from these meetings are available here.   (Ecology developed preliminary draft rule language that reflects work done with the previous advisory groups – for previous work see links in the following paragraphs or go to the MTCA/SMS Rulemaking Archive.)

In 2009, Ecology started a rule-making process that included both the Model Toxics Control Act (MTCA) and the cleanup portions of the Sediment Management Standards (SMS) rule. In November 2010, Ecology stopped work on updating the MTCA rule after  Gov. Gregoire issued Executive Order 10-06, which temporarily suspended non-critical rule-making.  Ecology determined that updating the SMS rule is necessary to protect public health, so work on this rule continues.  Ecology filed a revised CR-101 reflecting this changed scope of the rule-making effort.

Ecology met separately with the MTCA/SMS Advisory Group and Sediment Workgroup beginning in December 2009 which ended with a joint meeting on December 17, 2010 to work through key rule issues. Materials from these meetings are available here: Advisory Group Meeting Information.

In addition to rule advisory group meetings, Ecology has conducted other outreach on the SMS rule including the Sediment Annual Review Meeting in May 2011 and the Advanced Sediment Conference in April 2011.

The State Environmental Policy Act (SEPA) Determination of Significance (DS) and Scoping Notice is now available  for review. Public comment period ends on May 31, 2012.  Please see page 5 of the DS/Scoping Notice for commenting instructions.

Ecology plans to provide announcements via e-mail, post materials on this website, and provide opportunity for comments. We anticipate filing a CR-102 (proposing draft rule language) in 2012.

Email announcements

The MTCA-SMS-RULEMAKING-LISTSERV will continue providing updates on the sediment rulemaking efforts. To receive updates on the SMS rulemaking efforts please sign up for e-mail announcements. If you are already subscribed you will continue to receive announcements on the SMS rulemaking effort, plus occasional related information.