WSR 17-23-126

PREPROPOSAL STATEMENT OF INQUIRY

[Filed November 17, 2017, 1:27 p.m.]

Subject of Possible Rule Making: The pollution liability insurance agency (PLIA) proposes to adopt new chapter 374-100 WAC.

The new chapter 374-100 WAC will establish PLIA's policies and procedures for implementing the State Environmental Policy Act (SEPA).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.21C.120, WAC 197-11-902, 197-11-904.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Each agency is required to adopt its own rules, policies and procedures for implementing SEPA into the various programs under their jurisdiction. PLIA also plans to adopt rules in chapter 197-11 WAC by reference. As additional programs have been authorized to be implemented by PLIA, it is now appropriate for the agency to clarify in rule the process for SEPA review.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of ecology has been charged with adoption of rules of interpretation and implementation of SEPA (RCW 43.21C.110). Throughout the rule-making process, PLIA will collaborate with the department of ecology's SEPA policy unit.

Process for Developing New Rule: PLIA will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter 34.05 RCW).

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting phone 1-800-822-3905, email rules@plia.wa.gov.

November 17, 2017

Cassandra Garcia

Deputy Director