Follow the Rules: An overview of the rulemaking process and the 173-350 Solid Waste Handling Standards Upate.

CR 101- Preproposal Statement of Inquiry Begins rulemaking process Notice to stakeholders Internal development Other informal measures CR 102- Proposed Rulemaking Agency publishes draft rule Public comment Public meeting Small business impact statement and RCW 34.05.328 requirements. Rule takes effect 31 days after adopted by agency Other- CR 103 & 5- emergency and expedited rulemakings

What are the rules? And Why? Statutes are passed by the legislature and signed by the governor, head of the executive branch. Rule are guidance adopted by state executive agencies that carry the force of law. Agencies are given wide discretion in developing and implementing rules. Rules deal with complex subject matter, requiring specific expertise. Statutes are general, rules are specific. Statutes trump rules, but rules implement and expand upon statutes.

When Rules Trump Statutes: Enforcement and implementation. Agencies draft and enforce their own rules, often the same people within an agency. Agencies are given deference by courts in interpreting rules and statutes. Rules with complex subject matter not understood by courts, which defer to the State. Rules are difficult to challenge for both legal and practical reasons.

Where Rules Begin Legislature can direct an agency to draft or enforce rules. Agency can draft rules to implement a statute on its own. Agency can identify an issue and act on its own if the issue falls within the authority and purview of the agency. Executive directed rulemaking.

CR 101- Preproposal Statement of Inquiry Begins rulemaking process Notice to stakeholders Internal development Other informal measures CR 102- Proposed Rulemaking Agency publishes draft rule Public comment Public meeting Small business impact statement and RCW 34.05.328 requirements. Rule takes effect 31 days after adopted by agency Other- CR 103 & 5- emergency and expedited rulemakings

173-350 Solid Waste Handling Standards Update

Definitions Solid waste is defined by statute in Washington RCW 70.95.030(22), which can’t be materially altered by rule. Group attempted to define what is NOT solid waste. WRRA opposes changing the definition of solid waste.

Exempt Facilities 173-350-210 Recycling Facilities and 310 Intermediate Solid Waste Handling Facilities (MRFs). Exempt facilities can take no more than 5% solid waste annually, 10% by load. Documented in an annual report which is never verified. Created a haven for sham recyclers. DOE staff grasps the issue and we are hopeful for a resolution on exempt facilities.

Soil and Sediment Criteria Draft rule allows the use of contaminated soils throughout the state. Rule sets individual contaminant limits, with more stringent requirements on more accessible sites. Similar problems with exempt facilities. Creates a safe harbor for bad actors.

CR 101- Preproposal Statement of Inquiry Begins rulemaking process Notice to stakeholders Internal development Other informal measures CR 102- Proposed Rulemaking Agency publishes draft rule Public comment Public meeting Small business impact statement and RCW 34.05.328 requirements. Rule takes effect 31 days after adopted by agency Other- CR 103 & 5- emergency and expedited rulemakings

173-350 Solid Waste Handling Standards Revised Timeline: CR-101- Filed November, 2013 Stakeholder workgroup process 2013-2016 Workgroup deadline: February 1, 2016 Internal review by DOE Unofficial public comment: May 2016 Public comments, internal review by DOE CR-102 Notice of Proposed Rule: Oct 2016 Official Public comments, hearings, internal review Final adoption: March 2017