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WAC 173-333-430

What process will ecology use to develop CAPs?

(1) Purpose. The purpose of this section is to identify the process ecology will use to develop CAPs.
(2) Workplan/scoping. Once a chemical is selected for CAP development, ecology will initially plan and scope the CAP of the selected chemical based upon available information regarding the chemical's products, uses and releases; human health exposure and ecological hazards; environmental releases, fate, and transport; environmental concentrations and available substitutes; available options for managing uses and releases; estimated costs, benefits and effectiveness of alternate management options; and any other information ecology determines is necessary to support the CAP development process. Ecology will consult with the department of health regarding all portions of the CAP related to human health exposures.
(3) Advisory committee. Ecology will create an external advisory committee for each CAP that ecology develops. The purpose of the advisory committee is to provide stakeholder input and expertise.
(a) The advisory committee membership will include, but not be limited to, representatives from: Large and small business sectors, community, environmental and public health advocacy groups, local governments, and public health agencies. When appropriate, representatives from the following groups will also be invited to participate: Agricultural groups, worker safety advocacy groups, and other interested parties. Federally recognized tribal governments will also be encouraged to participate. In addition, representation from other state executive agencies may be requested to provide input and to represent agency interests in the CAP development process. Outside experts (if needed) may be requested to provide technical expertise.
(b) A neutral third-party facilitator may be hired to facilitate advisory committee meetings.
(c) The advisory committee will follow a consultative process, where ecology will draft the CAP in consideration of input from advisory committee members.
(d) All advisory committee meetings will be open to the public. Ecology will notify the public of advisory committee meetings through an announcement posted on the ecology web site and written notification to interested individuals and organizations.
(4) Information collection phase. Ecology will collect all necessary and up-to-date information regarding the selected chemical. CAP advisory committee members will be asked to contribute, and as appropriate, review information from ecology during this phase of CAP development. The department of health will be asked to review any information related to human health.
(5) Draft recommendations. Ecology will develop a draft CAP for advisory committee review and comment. Ecology will review all advisory committee comments and, as appropriate, revise the draft CAP prior to distributing it for public review and comment.
(6) Public review and comment. Ecology will notify the public when it has developed a draft CAP and provide an opportunity for public review and comment. The public comment period for each draft CAP will be a minimum of sixty days. Ecology will notify the public through an announcement posted concurrently on the ecology web site, a notice in the Washington State Register, and sent to interested persons and organizations. The comment period shall start from the date the notice is published in the Washington State Register. During the comment period, ecology will hold a minimum of two public meetings on the draft CAP. One meeting shall be held on the western side of the state, and one meeting shall be held on the eastern side of the state. Ecology may hold additional public meetings during the public comment period if determined necessary. Ecology will provide a response to all public comments.
(7) Final recommendations. Ecology will review and provide responses to all public comments on the draft CAP prior to issuing the final recommendations. Ecology will notify the public of the final recommendations through an announcement that will be published in the Washington State Register and posted on the ecology web site. Ecology will also provide written notification to individuals or organizations who submitted comments on the draft CAP.
(8) Coordination with other agencies. Ecology will coordinate with other government agencies and interested parties as appropriate on the implementation of the final CAP. Ecology will consult with the department of health on public information materials addressing food safety issues.
[Statutory Authority: 2004 c 276 and chapter 70.105 RCW. WSR 06-03-094 (Order 04-07), ยง 173-333-430, filed 1/13/06, effective 2/13/06.]
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