WAC 173-333-410
What evaluation factors and processes
will ecology use to select PBTs or metals of concern for
chemical action plan preparation? (1) Purpose. Ecology will
consult with the department of health to develop a multiyear
schedule for the preparation of chemical action plans. The
purpose of this section is to describe the evaluation factors
and processes ecology will use to prepare and update the
multiyear schedule.
(2) Evaluation factors.
(a) Ecology will consider the following factors when
preparing the multiyear schedule:
(i) Relative ranking. The relative ranking assigned to
each PBT based on ecology's evaluation of information on PBT
characteristics, uses of the chemical in Washington, releases
of the chemical in Washington, the levels of the chemical
present in the Washington environment, and levels of the
chemical present in Washington residents.
(ii) Opportunities for reductions. Whether there are
opportunities for reducing or phasing out uses, production or
releases of the PBT in Washington. In reviewing available
information, the agencies shall consider whether more than one
PBT is present in particular products, generated in particular
processes or released from particular sources (co-occurring
chemicals).
(iii) Multiple chemical releases and exposures.
Scientific evidence on the combined effects of exposure to one
or more PBTs and other substances commonly present in the
Washington environment.
(iv) Sensitive population groups and high-exposure
populations. Scientific evidence on the susceptibility of
various population groups including the timing of the exposure
and the cumulative effects of multiple exposures.
(v) Existing plans or regulatory requirements. Whether
there are existing plans or regulatory requirements that
reduce and phase out uses and releases of a particular PBT or
group of PBTs.
(b) Ecology will not prepare CAPs if the department
determines:
(i) All uses and releases of the PBT are prohibited under
other state and federal laws or regulations;
(ii) There is credible scientific information to support
a conclusion that the PBT is not used, released or present in
Washington; or
(iii) There are no available opportunities for reducing
or phasing out the uses, releases or exposures of the PBT
beyond levels required under other federal or state laws or
regulations.
(3) Preliminary schedule. Ecology will prepare a
preliminary schedule that will identify the PBTs for which
CAPs will be developed for the multiyear schedule, the
rationale for selecting these PBTs and a timeline for
completing CAPs for these PBTs.
(4) Public notice and comment. Ecology will notify the
public when it has prepared a preliminary schedule and provide
an opportunity for public review and comment. Ecology will
notify the public through an announcement published in the
Washington State Register and posted on the ecology web site.
Ecology will also send a written announcement to interested
persons and organizations. Ecology will provide sixty days,
from the date the notice is published in the Washington State
Register for the public to review and submit comments on the
preliminary selection.
(5) Final schedule. Ecology will review all public
comments on the preliminary schedule prior to preparing a
final schedule. Ecology will notify the public of the final
decision through an announcement 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 preliminary
schedule.
(6) Schedule updates. Ecology will review and, as
appropriate, update the schedule for chemical action plans at
least once every three years. In making such revisions,
ecology will follow the process for preparing the schedule
(including an opportunity for public review and comment)
specified in this section.
[Statutory Authority: 2004 c 276 and chapter 70.105 RCW. 06-03-094 (Order 04-07), § 173-333-410, filed 1/13/06,
effective 2/13/06.]