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

4. 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 requirements.
Rule takes effect 31 days after adopted by agency
Other- CR 103 & 5- emergency and expedited rulemakings

5. 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.

6. 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.

7. 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.

8. 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 requirements.
Rule takes effect 31 days after adopted by agency
Other- CR 103 & 5- emergency and expedited rulemakings

9. 173-350 Solid Waste Handling Standards Update

10. Definitions
Solid waste is defined by statute in Washington RCW (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.

11. Exempt Facilities
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.

12. 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.

13. 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 requirements.
Rule takes effect 31 days after adopted by agency
Other- CR 103 & 5- emergency and expedited rulemakings

14. 173-350 Solid Waste Handling Standards Revised Timeline:
CR-101- Filed November, 2013
Stakeholder workgroup process
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