WSR 00-23-104

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 00-23 -- Filed November 21, 2000, 2:25 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-18-106.

Title of Rule: Repeal of chapter 317-21 WAC, Oil spill prevention plans.

Purpose: To repeal rules inconsistent with the holding of the U.S. Supreme Court in U.S. v. Locke, et al., 529 U.S. __, 120 S.Ct. 1135 (2000).

Other Identifying Information: A portion of chapter 317-21 WAC was repealed under RCW 34.05.354 Expedited repeal, filed as WSR 00-16-134 on August 2, 2000. The current rule making is intended to repeal the remaining provisions of chapter 317-21 WAC.

Statutory Authority for Adoption: RCW 43.21I.030.

Statute Being Implemented: RCW 88.46.020.

Summary: Ecology is proposing to repeal chapter 317-21 WAC. The following provisions will be repealed: WAC 317-21-010 Purpose, 317-21-020 Application, 317-21-030 Duties, 317-21-040 Information protected from public disclosure, 317-21-050 Language, 317-21-060 Definitions, 317-21-070 Plan submission, 317-21-100 Format, 317-21-110 Units of measure, 317-21-120 Submittal agreement, 317-21-140 Vessel specific information and documentation, 317-21-300 Operating procedures -- Watch procedures, 317-21-305 Operating procedures -- Navigation procedures, 317-21-310 Operating procedures -- Emergency procedures, 317-21-315 Personnel policies -- Crewing, 317-21-320 Personnel policies -- Training, 317-21-325 Personnel -- Illicit drug and alcohol use, 317-21-330 Personnel policies -- Work hours, 317-21-335 Personnel policies -- Recordkeeping, 317-21-340 Management, 317-21-345 Technology, 317-21-400 Review process, 317-21-410 Plan approval, 317-21-500 Administrative actions, 317-21-510 Administrative review, 317-21-520 Waivers, 317-21-530 Plan updates, 317-21-550 Inspections and investigations, 317-21-560 Exceptional compliance, 317-21-900 Severability, and 317-21-910 Effective date.

Reasons Supporting Proposal: Ecology is proposing repeal of chapter 317-21 WAC to be consistent with the holding of the U.S. Supreme Court in U.S. v. Locke, et al., 529 U.S. __, 120 S.Ct. 1135 (2000). The Supreme Court held in Locke that states may regulate tank vessels if regulation is based on peculiarities of local waters that call for special precautionary measures. Subsequent to the Supreme Court decision, ecology received three petitions for rule making in July 2000. Taken in combination, the petitions request repeal of chapter 317-21 WAC because the provisions conflict with the holding of the Supreme Court in U.S. v. Locke, et al.

     Ecology has determined that repeal of chapter 317-21 WAC is appropriate because most of the provisions are not based on peculiarities of local waterways.

Name of Agency Personnel Responsible for Drafting and Implementation: Jeff Fishel, Lacey, Washington, (360) 407-7504.

Name of Proponent: Department of Ecology, governmental.

Rule is necessary because of federal court decision, U.S. v. Locke, et al., 529 U.S. __, 120 S.Ct. 1135 (2000).

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: Chapter 317-21 WAC will be repealed.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Repeal of chapter 317-21 WAC will impose no costs on small businesses in Washington.

RCW 34.05.328 does not apply to this rule adoption. Repeal of chapter 317-21 WAC is not a significant rule making because it eliminates requirements the violation of which subjects a violator to enforcement action, does not establish, alter or revoke a licensing qualification or standard, and eliminates rather than creates or amends a regulatory program.

Hearing Location: Department of Ecology, Auditorium Room 32, 300 Desmond Drive, Lacey, WA, on December 27, 2000, at 11 a.m.

Assistance for Persons with Disabilities: Contact Vicki Flores by December 20, 2000, TDD (360) 407-6006.

Submit Written Comments to: Jeff Fishel, Washington State Department of Ecology, Spill Prevention, Preparedness, and Response Program, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-7504, fax (360) 407-6042, jfis461@ecy.wa.gov, by December 29, 2000.

Date of Intended Adoption: January 3, 2001.

November 18, 2000

Daniel J. Silver

Deputy Director

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