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Toxics Cleanup Program


MTCA and SMS Rule Revision

Rule Making Process and Timeline

Also see Current Rule Making for more information.

Anticipated
Date

Activity

February 2009 Intent to begin rule making (CR-101 filed)
Summer 2009 Issue Papers written and presented to public.  Comments received.
November 2009 - December 2010 External advisory groups formed and meet approximately monthly to discuss rule-related technical, policy, and implementation issues and to provide feedback as Ecology works on rule updates.  Meetings are open to the public and meeting materials and written member comments are posted.
Ø MTCA/SMS Advisory Group
Ø Sediment Workgroup
Ø Vapor Workgroup
Summer 2010 Ecology worked to incorporate the feedback from the advisory groups into a preliminary SMS decision making framework.
November 2010 MTCA Rulemaking suspended.
Winter 2010  A joint meeting of the advisory groups was held to discuss remaining rule issues and preliminary SMS rule decision making framework.
Summer 2011 Ecology works on the required economic and environmental analyses and prepares supporting documentation.
Fall 2011 A new SMS advisory group is convened to discuss preliminary draft rule language.
Winter 2011 - 2012 Develop proposed rule language
August 2012

CR-102 (Rule Proposal)
Ø  File with Code Reviser (8/15/12)
Ø  Published in State Register (9/5/12)
Ø  Supporting documents explaining agency rationale for proposed rule revision available

August 15, 2012

Public Comment Period Begins
Comments will be accepted on:
Ø  The rule proposal
Ø  Preliminary Cost Benefit and Least Burdensome Alternative Analyses
Ø  Small Business Economic Impact Statement
Ø  Draft Environmental Impact Statement

Sept/Oct 2012

Public Hearings throughout the state in:
Ø  Seattle – September 26 at 9:30 a.m. and 5:30 p.m.
Ø  Bellingham – September 27 at 5:30 p.m.
Ø  Olympia – October 1 at 6:30 p.m.
Ø  Spokane – October 3 at 5:30 p.m.
Ø  Richland – October 4 at 5:30 p.m.
More information on the public hearings.

October 29, 2012 Public Comment Period Closes
February 22,  2013 Rule Adoption
Ø Rule-making Order CR-103
Ø Adopted rule text
Ø Final cost benefit analysis
Ø Revised small business economic impact statement
Ø Final environmental impact statement
Ø Concise explanatory statement and response to comments
Ø Rule implementation plan
Ø Rule adoption notice