Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-17-102.

     Title of Rule:

•     State waste discharge permit program, WAC 173-216-125 Monitoring.

•     National pollutant discharge elimination system permit program, WAC 173-220-210 Monitoring, recording, and reporting.

•     Waste discharge general permit program, WAC 173-226-090 Monitoring, recording, and reporting.

     Purpose: This rule making will add "turbidity" to the list of parameters that do not require lab accreditation for analysis and reporting unless the laboratory is already registered or accredited.

     Statutory Authority for Adoption: RCW 90.48.035.

     Statute Being Implemented: Chapter 90.48 RCW.

     Summary: The proposed amendments will add turbidity to the list of parameters that are exempt from lab accreditation for analysis and reporting unless the laboratory is already registered or accredited for other parameters.

     Reasons Supporting Proposal: The water quality program wants to provide improved options for the regulated community to comply with permit conditions with no increase in risk to the environment. Many permittees have indicated that accreditation requirements for turbidity monitoring were counterproductive. This change should decrease the cost of this monitoring for the permittee and provide "realtime" results that permittees can use to evaluate and adapt the effectiveness of their stormwater management.

     Name of Agency Personnel Responsible for Drafting: Keith Johnson, Department of Ecology, Lacey, Washington, (360) 407-6442; Implementation and Enforcement: Megan White, Department of Ecology, Lacey, Washington.

     Name of Proponent: Department of Ecology, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: This rule making will amend one section in three different WACs (WAC 173-216-125, 173-220-210, and 173-226-090). Chapter 173-216 WAC implements a state permit program, applicable to the discharge of waste materials from industrial, commercial, and municipal operations into ground and surface waters of the state and into municipal sewerage systems (WAC 173-216-010). Chapter 173-220 WAC establishes a state individual permit program, applicable to the discharge of pollutants and other wastes and materials to the surface waters of the state (WAC 173-220-010). Chapter 173-226 WAC establishes a state general permit program, applicable to the discharge of pollutants, wastes, and other materials to waters of the state, including discharge to municipal sewerage systems (WAC 173-226-010). The sections being amended all describe the process for monitoring the discharge authorized by the permit. In each of these sections there is a subsection that provides a list of parameters for which the data does not have to be analyzed or reported by an accredited or registered laboratory. The proposed rule amendments will add "turbidity" to the list of parameters that do not require lab accreditation for analysis and reporting. The rule making will be very narrow in focus and limited to this single revision.

     As a result of these changes we anticipate that more permittees will begin to conduct their own turbidity monitoring. This change should decrease the costs associated with monitoring and provide more current results that the permittees can use to evaluate and improve the effectiveness for their stormwater management.

     Proposal Changes the Following Existing Rules: The amended sections of the rule would add the following parameter to the list of parameters currently exempt from lab accreditation: Turbidity, except that turbidity shall be accredited if the laboratory must otherwise be registered or accredited.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. None of the entities affected by these rule amendments will have any additional economic burdens placed on them.

     RCW 34.05.328 does not apply to this rule adoption. The rule making does not make significant amendments to a policy or regulatory program, therefore it does not meet the definition of a "significant legislative rule" and RCW 34.05.328 does not apply.

     Hearing Location: Department of Ecology, 300 Desmond Drive, P.O. Box 47600, Room ROA-36, Olympia, WA 98504-7600, on January 22, 2002, at 2:00 p.m.

     Assistance for Persons with Disabilities: Contact Keith Johnson by January 14, 2002, TDD (360) 407-6006, or (360) 407-6442.

     Submit Written Comments to: Keith Johnson, Ecology, Water Quality Program, 300 Desmond Drive, P.O. Box 47600, Olympia, WA 98504-7600, kjoh461@ecy.wa.gov, fax (360) 407-6426, by January 31, 2002.

     Date of Intended Adoption: February 15, 2002.

December 4, 2001

Linda Hoffman

Deputy Director

OTS-5357.1

AMENDATORY SECTION(Amending Order 92-53, filed 9/22/93, effective 10/23/93)

WAC 173-216-125   Monitoring.   Use of registered or accredited laboratories:

     (1) Except as established in subsection (3) of this section, monitoring data submitted to the department in accordance with this chapter shall be prepared by a laboratory accredited under the provisions of chapter 173-50 WAC no later than July 1, 1993, for all state permittees with a permitted average flow rate greater than five million gallons per day.

     These requirements are effective and binding on all permittees under the authority of rule, regardless of whether they have been included as conditions of a permit.

     (2) Except as established in subsection (3) of this section, monitoring data submitted to the department in accordance with this chapter shall be prepared by a laboratory registered or accredited under the provisions of chapter 173-50 WAC no later than July 1, 1994, for all state permittees not covered under subsection (1) of this section.

     These requirements are effective and binding on all permittees under the authority of rule, regardless of whether they have been included as conditions of a permit.

     (3) The following parameters need not be accredited or registered:

     (a) Flow;

     (b) Temperature;

     (c) Settleable solids;

     (d) Conductivity, except that conductivity shall be accredited if the laboratory must otherwise be registered or accredited;

     (e) pH, except that pH shall be accredited if the laboratory must otherwise be registered or accredited; ((and))

     (f) Turbidity, except that turbidity shall be accredited if the laboratory must otherwise be registered or accredited; and

     (g) Parameters which are used solely for internal process control.

[Statutory Authority: RCW 43.21A.230. 93-20-011 (Order 92-53), § 173-216-125, filed 9/22/93, effective 10/23/93; 90-21-090 (Order 90-21), § 173-216-125, filed 10/19/90, effective 11/19/90.]

OTS-5358.1

AMENDATORY SECTION(Amending Order 92-53, filed 9/22/93, effective 10/23/93)

WAC 173-220-210   Monitoring, recording and reporting.   (1) Monitoring.

     (a) Any discharge authorized by a permit may be subject to such monitoring requirements as may be reasonably required by the department, including the installation, use, and maintenance of monitoring equipment or methods (including, where appropriate, biological monitoring methods). These monitoring requirements would normally include:

     (i) Flow (in gallons per day);

     (ii) Pollutants (either directly or indirectly through the use of accepted correlation coefficients or equivalent measurements) which are subject to reduction or elimination under the terms and conditions of the permit;

     (iii) Pollutants which the department finds could have a significant impact on the quality of surface waters; and

     (iv) Pollutants specified by the administrator, in regulations issued pursuant to the FWPCA, as subject to monitoring.

     (b) Each effluent flow or pollutant required to be monitored pursuant to (a) of this subsection shall be monitored at intervals sufficiently frequent to yield data which reasonably characterizes the nature of the discharge of the monitored effluent flow or pollutant.

     Variable effluent flows and pollutant levels may be monitored at more frequent intervals than relatively constant effluent flows and pollutant levels which may be monitored at less frequent intervals.

     (c) Monitoring of intake water, influent to treatment facilities, internal waste streams, and/or receiving waters may be required when determined necessary by the department to verify compliance with net discharge limitations or removal requirements, to verify that proper waste treatment or control practices are being maintained, or to determine the effects of the discharge on the surface waters of the state.

     (2) Recording of monitoring activities and results. Any permit which requires monitoring of the authorized discharge shall require that:

     (a) The permittee shall maintain records of all information resulting from any monitoring activities required of him in his permit;

     (b) Any records of monitoring activities and results shall include for all samples:

     (i) The date, exact place, and time of sampling;

     (ii) The dates analyses were performed;

     (iii) Who performed the analyses;

     (iv) The analytical techniques/methods used; and

     (v) The results of such analyses; and

     (c) The permittee shall be required to retain for a minimum of three years any records of monitoring activities and results including all original strip chart recording for continuous monitoring instrumentation and calibration and maintenance records. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the department or regional administrator.

     (3) Reporting of monitoring results.

     (a) The permittee shall periodically report (at a frequency of not less than once per year) on the proper reporting form, the monitoring results obtained pursuant to monitoring requirements in a permit. In addition to the required reporting form, the department at its discretion may require submission of such other results as it determines to be necessary.

     (b) Monitoring reports shall be signed by:

     (i) In the case of corporations, by a responsible corporate officer or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge originates.

     (ii) In the case of a partnership, by a general partner.

     (iii) In the case of a sole proprietorship, by the proprietor.

     (iv) In the case of a municipal, state or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee.

     (4) Use of registered or accredited laboratories:

     (a) Except as established in (c) of this subsection, monitoring data submitted to the department in accordance with this chapter shall be prepared by a laboratory accredited under the provisions of chapter 173-50 WAC no later than indicated by the appropriate date below:

     July 1, 1992, major dischargers;

     July 1, 1993, all permittees with a permitted average flow rate greater than five million gallons per day.

     These requirements are effective and binding on all permittees under the authority of rule, regardless of whether they have been included as conditions of a permit.

     (b) Except as established in (c) of this subsection, monitoring data submitted to the department in accordance with this chapter shall be prepared by a laboratory registered or accredited under the provisions of chapter 173-50 WAC no later than July 1, 1994, for all NPDES permittees not covered under (a) of this subsection.

     These requirements are effective and binding on all permittees under the authority of rule, regardless of whether they have been included as conditions of a permit.

     (c) The following parameters need not be accredited or registered:

     (i) Flow;

     (ii) Temperature;

     (iii) Settleable solids;

     (iv) Conductivity, except that conductivity shall be accredited if the laboratory must otherwise be registered or accredited;

     (v) pH, except that pH shall be accredited if the laboratory must otherwise be registered or accredited; ((and))

     (vi) Turbidity, except that turbidity shall be accredited if the laboratory must otherwise be registered or accredited; and

     (vii) Parameters which are used solely for internal process control.

[Statutory Authority: RCW 43.21A.230. 93-20-011 (Order 92-53), § 173-220-210, filed 9/22/93, effective 10/23/93; 90-21-090 (Order 90-21), § 173-220-210, filed 10/19/90, effective 11/19/90. Statutory Authority: RCW 90.54.020 and chapter 90.48 RCW. 88-22-059 (Order 88-9), § 173-220-210, filed 11/1/88. Statutory Authority: Chapter 90.48 RCW. 84-11-024 (Order DE 84-19), § 173-220-210, filed 5/11/84. Statutory Authority: RCW 90.48.035 and 90.48.260. 82-24-078 (Order DE 82-39), § 173-220-210, filed 12/1/82; Order DE 74-1, § 173-220-210, filed 2/15/74.]

OTS-5359.1

AMENDATORY SECTION(Amending Order 92-53, filed 9/22/93, effective 10/23/93)

WAC 173-226-090   Monitoring, recording, and reporting.   (1) Monitoring.

     (a) Any discharge authorized by a general permit may be subject to such monitoring requirements as may be reasonably required by the department, including the installation, use, and maintenance of monitoring equipment or methods (including, where appropriate, biological monitoring methods). These monitoring requirements would normally include but are not limited to:

     (i) Flow (in gallons per day or other appropriate units);

     (ii) All pollutants on which limitations have been placed pursuant to WAC 173-226-070;

     (iii) Pollutants (either directly or indirectly through the use of accepted correlation coefficients or equivalent measurements) that are subject to reduction or elimination under the terms and conditions of the permit;

     (iv) Pollutants that the department finds could have a significant impact on the quality of waters and sediments of the state; and

     (v) Pollutants specified by the administrator, in regulations issued pursuant to the FWPCA, as subject to monitoring.

     (b) Each effluent flow or pollutant required to be monitored pursuant to (a) of this subsection shall be monitored at intervals sufficiently frequent to yield data that reasonably characterizes the nature of the discharge of the monitored effluent flow or pollutant.

     (c) Monitoring for compliance with limitations imposed pursuant to WAC 173-226-070 shall be no less than once per year.

     (d) Variable effluent flows and pollutant levels may be monitored at more frequent intervals than relatively constant effluent flows and pollutant levels, which may be monitored at less frequent intervals.

     (e) Monitoring of intake water, influent to treatment facilities, internal waste streams, and/or receiving waters may be required by the department, to verify compliance with net discharge limitations or removal requirements, to verify that proper waste treatment or control practices are being maintained, or to determine the effects of the discharge on the waters and sediments of the state.

     (2) Recording of monitoring activities and results. Any general permit which requires monitoring of an authorized discharge shall require that:

     (a) The permittee maintain records of all information resulting from any monitoring activities required as a condition of the application for, or as a condition of coverage under a general permit;

     (b) Any records of monitoring activities and results shall include for all samples:

     (i) The date, exact place, and time of sampling;

     (ii) The dates analyses were performed;

     (iii) Who performed the analyses;

     (iv) The analytical techniques/methods used; and

     (v) The results of such analyses; and

     (c) The permittee retain for a minimum of five years any records of monitoring activities and all results of those activities including all original strip chart recording for continuous monitoring instrumentation and calibration and maintenance records. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee, or when requested by the department or regional administrator.

     (3) Reporting of monitoring results.

     (a) The department may require the permittee to periodically report on the proper reporting form, the monitoring results obtained pursuant to monitoring requirements in a general permit. In addition to the required reporting form, the department may require submission of such other reports as it determines to be necessary.

     (b) Monitoring reports shall be signed by:

     (i) In the case of corporations, a responsible corporate officer or duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge originates.

     (ii) In the case of a partnership, a general partner.

     (iii) In the case of a sole proprietorship, the proprietor.

     (iv) In the case of a municipal, state, or other public facility, either a principal executive officer, ranking elected official, or other duly authorized employee.

     (4) Except as provided in subsection (5) of this section, all monitoring data required as a condition of a general permit, or required as part of an application for coverage under a general permit shall be prepared by a laboratory registered or accredited under the provisions of chapter 173-50 WAC within one year of first being covered under a general permit or by July 1, 1995, whichever is later.

     (5) The following parameters need not be accredited or registered:

     (a) Flow;

     (b) Temperature;

     (c) Settleable solids;

     (d) Conductivity, except that conductivity shall be accredited if the laboratory must otherwise be registered or accredited;

     (e) pH, except that pH shall be accredited if the laboratory must otherwise be registered or accredited; ((and))

     (f) Turbidity, except that turbidity shall be accredited if the laboratory must otherwise be registered or accredited; and

     (g) Parameters which are used solely for internal process control.

[Statutory Authority: RCW 43.21A.230. 93-20-011 (Order 92-53), § 173-226-090, filed 9/22/93, effective 10/23/93. Statutory Authority: Chapter 90.48 RCW. 93-10-099 (Order 92-55), § 173-226-090, filed 5/5/93, effective 5/19/93.]

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