Current through Register Vol. 24-06, March 15, 2024
When the department issues general permits, it will do so in
accordance with the procedures in this section.
(1)
General permit coverage.
(a) The director may issue general permits to
satisfy any or all of the biosolids management requirements in chapter 70.95J
RCW or other applicable state or federal biosolids management
requirements.
(b) The director may
issue general permits to cover categories or subcategories of facilities within
appropriate geographic areas.
(c)
General permits may be written to cover categories of treatment works treating
domestic sewage that meet all of the following requirements:
(i) Involve the same or substantially similar
types of operations.
(ii) Engage in
the same types of biosolids use or sewage sludge disposal practices.
(iii) Require the same or substantially
similar operating conditions or standards for biosolids use or sewage sludge
disposal.
(iv) Require the same or
substantially similar monitoring.
(v) In the opinion of the director are more
appropriately controlled under a general permit than under individual
permits.
(2)
General permit preparation - preliminary determination.
(a) For all general permits, the department
must make a preliminary determination to develop a general permit.
(i) Interested persons may petition the
director requesting that a category of facilities be considered for the
development of a general permit.
(ii) The department must respond to such a
petition within ninety days of receipt.
(b) The department must provide public notice
of all preliminary determinations to develop a general permit pursuant to
subsection (5)(a) of this section.
(c) In the event that the department
determines not to develop a general permit after publishing a preliminary
determination pursuant to subsection (5)(a) of this section, the department
must provide public notice to that effect in the same manner as the preliminary
determination public notice was provided.
(3)
Fact sheets.
(a) The department must prepare a fact sheet
for every draft general permit determination. Such fact sheets must summarize
the following:
(i) The legal basis of the
permitting program.
(ii) The type
of facility or activity which is the subject of the general permit.
(iii) The geographical area for which the
general permit is valid.
(iv) The
criteria for which coverage under a general permit will be approved.
(v) If available, a listing or some other
means of identifying the facilities proposed to be covered under the general
permit.
(vi) The information
required to be submitted as part of the application for coverage under the
general permit.
(vii) The general
characteristics of the facilities being authorized under the general
permit.
(viii) Standards and
limitations imposed in the general permit.
(ix) A general description of the conditions
in the general permit.
(x) Any
compliance schedules proposed as part of the general permit.
(xi) The procedures for the formulation of
final determinations, including:
(A) The
thirty-day comment period required in subsection (5)(c)(iv) of this section,
including the date and time after which public comments will not be considered
by the department in formulating the final determination on the draft general
permit.
(B) The time and place of
the public hearing(s) required in subsection (7) of this section.
(C) Any other procedures by which the public
may participate in the formulation of the final determination.
(xii) A summary of the economic
impact analysis required in subsection (4) of this section, including any
mitigation proposed for small business.
(b) The department must provide copies of
general permit fact sheets to any interested person upon request.
(4)
Economic impact
analysis.
(a) The department must
prepare an economic impact analysis on all draft general permits which are
intended to directly cover small business. The economic impact analysis must be
prepared on the draft general permit for which public notice is being provided
pursuant to subsection (5)(c) of this section.
(b) The purpose of the economic impact
analysis is to reduce the economic impact of the general permit on small
business by doing one or more of the following when it is legal and feasible in
meeting the stated objectives of chapter 70.95J RCW:
(i) Establishing differing compliance or
reporting requirements or timetables for small businesses.
(ii) Clarifying, consolidating, or
simplifying the compliance and reporting requirements under the general permit
for small businesses.
(iii)
Establishing performance rather than design standards.
(iv) Exempting small businesses from parts of
the general permit.
(c)
The contents of an economic impact analysis of a proposed general permit must
include, at a minimum, the following:
(i) A
brief description of the compliance requirements of the general permit,
including:
(A) The minimum quality
requirements.
(B) The monitoring
requirements contained in the general permit.
(C) The reporting and recordkeeping
requirements.
(D) Any plan
submittal requirements.
(ii) The estimated costs of compliance, based
upon existing data for facilities intended to be covered under the general
permit. Costs must include:
(A) The costs
associated with (c)(i) of this subsection.
(B) The costs of equipment, supplies, labor,
and any increased administrative costs.
(iii) A comparison, to the greatest extent
possible, of the cost of compliance for small businesses with the cost of
compliance for the largest ten percent of the facilities intended to be covered
under the general permit. The economic impact analysis must use one or more of
the following as a basis for comparing costs:
(A) Cost per employee.
(B) Cost per hour of labor.
(C) Cost per one hundred dollars of
sales.
(d)
The following compliance costs associated with a general permit must not be
included in the economic impact analysis:
(i)
The costs necessary to comply with chapter 173-308 WAC.
(ii) The costs associated with requirements
of the general permit which result from conformity or compliance, or both, with
federal law or regulations.
(5)
Public notice. The
department must provide public notice of all preliminary determinations to
develop a general permit, all determinations not to develop a general permit
after publishing such a preliminary determination, all draft general permit
determinations, and the issuance of a final general permit. All public notices
must be circulated in a manner designed to inform interested and potentially
affected persons of the proposed general permit.
(a)
Public notice for
preliminary determinations. The department must provide public
notice of all preliminary determinations to develop a general permit as
follows:
(i) The public notice must be
circulated within the geographical area of the proposed general permit. Such
notice may include any or all of the following:
(A) Publishing, as a paid advertisement or
legal notice, the department's preliminary determination in one or more major
local newspapers throughout the area of proposed coverage.
(B) Issuance of news releases, focus sheets,
or newsletters.
(C) Publication in
the State Register.
(ii)
The department must request comments on whether a general permit is appropriate
for the proposed category of facilities or whether individual permits are
necessary.
(iii) The public notice
must provide an opportunity for any interested or potentially affected party to
submit information on facilities proposed to be covered under a general permit
including:
(A) Any documented information on
the characteristics of the biosolids including quantity, quality, and any land
application sites. Information may be from an individual facility or be
representative of the category as a whole.
(B) Any other relevant information.
(iv) The department must add the
name of any person upon request to a general permit specific mailing list to
receive information and notices related to the development of the general
permit.
(b) In the event
that the department determines not to develop a general permit after publishing
a preliminary determination pursuant to (a) of this subsection, the department
must provide public notice to that effect.
(c)
Public notice for draft
general permits. The department must provide public notice of
every draft general permit as follows:
(i) The
notice must be circulated throughout the geographical area covered by the
general permit. Such circulation may include any or all of the following:
(A) Posting for a period of thirty days in
post offices, public libraries, and public places within the geographical area
covered by the general permit.
(B)
Publishing the notice as a paid advertisement, display advertisement, or legal
notice, in one or more major local newspapers of general circulation serving
the area covered by the general permit.
(C) Issuance of news releases, focus sheets,
or newsletters.
(ii)
Notice must be mailed to any person upon request, including all persons on the
general permit specific mailing list established pursuant to (a)(iv) of this
subsection and all known, potential permittees.
(iii) At least thirty days before the public
hearing(s) required in subsection (7) of this section, the department must have
the following published in the State Register:
(A) The public notice contents contained in
(c)(vi) of this subsection.
(B) A
reference to the relevant sections of chapter 70.95J RCW as the statutory
authority for issuing the general permit.
(C) The date on which the agency intends to
issue the general permit.
(D) A
short explanation of the permit, its purpose, and anticipated
effects.
(E) A summary of the
economic impact analysis required in subsection (4) of this section.
(iv)
Public comment
period. The department must provide a period of not less than thirty
days following the last publication of the public notice, during which time
interested persons may submit their written views on a draft general permit
determination. All written comments submitted during the comment period must be
retained by the department and considered in the formulation of its final
determination with respect to the draft general permit. The period for comment
may be extended at the discretion of the department.
(v) The department must make available during
the public comment period:
(A) The draft
general permit.
(B) The fact sheet
on the draft general permit required pursuant to subsection (3) of this
section.
(C) The economic impact
analysis required pursuant to subsection (4) of this section.
(D) A copy of the proposed application for
coverage.
(E) The notice required
pursuant to (c)(iii) of this subsection.
(vi) The contents of the draft general permit
public notice must, at a minimum, summarize the following:
(A) The name, address, and phone number of
the agency issuing the public notice.
(B) The type of facilities and activities
which are the subject of the general permit.
(C) The geographical area for which the
general permit is valid.
(D) The
criteria for which coverage under a general permit will be approved.
(E) If available, a listing or some other
means of generally identifying the facilities proposed to be covered under the
general permit.
(F) The tentative
determination to issue a general permit.
(G) The procedures for the formulation of
final determinations, including the thirty-day comment period required in
(c)(iv) of this subsection and any other means by which interested persons may
comment upon those determinations.
(H) The date, time, and place when the public
hearing(s) required in subsection (7) of this section will be held.
(I) The address and phone number of state
premises at which interested persons may obtain further information.
(J) The date and time after which comments
will not be considered by the department in formulating the final determination
on the draft general permit.
(d)
Public notice for final
general permits. The department must provide public notice of
the issuance of a final general permit as follows:
(i) The notice of general permit issuance
must be circulated in a manner similar to that used to circulate the notice on
the draft general permit in (c)(i) of this subsection and must be published in
the State Register.
(ii) The notice
of general permit issuance must be provided to all persons on the general
permit specific mailing list established pursuant to (a)(iv) of this subsection
and all known, potential permittees.
(iii) The public notice of the issuance of a
general permit must contain:
(A) The name,
address, and phone number of the agency issuing the public notice.
(B) The type of facilities and activities
which are the subject of the general permit.
(C) The geographical area for which the
general permit is valid.
(D) The
criteria for which coverage under a general permit will be approved.
(E) If available, a listing or some other
means of generally identifying the facilities proposed to be covered under the
general permit.
(F) A summary of
the application process by which eligible facilities may obtain coverage under
the general permit.
(G) An
explanation of any changes to the final general permit, other than editing
changes, and the principal reasons for adopting the changes.
(H) A notice that the terms and conditions of
the general permit may be appealed only by filing an appeal with the pollution
control hearings board and by serving it upon the department within thirty
days, and the process for doing so as contained in
RCW
43.21B.310.
(I) The date after which the general permit
will be effective. The effective date of a general permit must be no sooner
than thirty days after the publication in the State Register of the public
notice required pursuant to (d)(i) of this subsection.
(6)
Notice to
other government agencies. The department must notify other appropriate
government agencies of each draft general permit determination and must provide
such agencies an opportunity to submit their written views and
recommendations.
(7)
Public
hearings.
(a) The department must hold
one or more public hearing(s) on all draft general permits. The public hearing
must be held during the public comment period provided pursuant to subsection
(5)(c)(iv) of this section.
(b) The
date, time, and place will be at the discretion of the department provided:
(i) At least thirty days is provided between
the time the public notice is published pursuant to subsection (5)(c)(i) and
(iii) of this section, and the time the hearing is held.
(ii) The hearing location is within the
geographical area covered by the general permit.
(c) The department must cause a record to be
made of all hearings required pursuant to this section. The record may be
stenographic, mechanical, or electronic.
(8)
Public access to
information.
(a) In accordance with
chapter 42.17 RCW and its published policy describing disclosure of public
records, the department must make identifiable public records relating to all
general permits available to the public for inspection and copying.
(b) The department must designate a general
permit coordinator for each general permit. The coordinator must:
(i) Have knowledge of the general permit
being prepared.
(ii) Maintain the
records associated with the development of the general permit including the
general permit file required pursuant to (c) of this subsection.
(iii) Be identified as the department contact
in public notices regarding the general permit.
(c)
General permit development
file. The department must prepare a general permit development
file for each issued general permit. The general permit development file must
be available for public inspection subject to the provisions of this section.
The general permit development file must contain:
(i) Copies of all public notices required
pursuant to subsection (5) of this section.
(ii) A copy of the fact sheet required
pursuant to subsection (3) of this section and any other documents not readily
available to the public which were used in developing the terms and conditions
of the general permit.
(iii) A copy
of the economic impact analysis required pursuant to subsection (4) of this
section.
(iv) Copies of the draft
and final general permits and the application for coverage.
(v) All written comments received during the
public comment period required pursuant to subsection (5)(c)(iv) of this
section, on the draft general permit, fact sheet, economic impact analysis, and
application for coverage.
(vi) The
record of public hearings produced pursuant to subsection (7)(c) of this
section.
(vii) The response to
comments prepared pursuant to subsection (9)(a) of this section.
(d) The department must add the
name of any person, upon request, to a mailing list to receive notices of
department actions associated with a general permit.
(e) The department must provide facilities
for the inspection of information relating to general permits and must ensure
that employees honor requests for such inspection promptly without undue
requirements or restrictions. The department must do either:
(i) Ensure that a machine or device for the
copying of papers and documents is available for a reasonable fee.
(ii) Otherwise provide for, or coordinate
with copying facilities or services such that requests for copies of
nonconfidential, identifiable public records be honored promptly.
(9)
Issuance of
general permits.
(a) At the close of
the public comment period required pursuant to subsection (5)(c)(iv) of this
section, the department must prepare a response to all relevant comments
received (both written and oral) and must briefly describe any changes, other
than editing changes, and the principal reasons for making the changes to the
draft general permit.
(b) General
permits must be deemed issued upon signing by the director or by a person
delegated the authority to issue general permits pursuant to chapter 173-06
WAC.
(c) The department must
provide public notice of the issuance of all final general permits pursuant to
subsection (5)(d) of this section.
(d) General permits become effective thirty
days after the date of publication in the State Register of the public notice
required pursuant to subsection (5)(d) of this section unless a later date is
specified by the department.
(10)
Appeals.
(a) The terms and conditions of a general
permit as they apply to the appropriate class of facilities are subject to
appeal within thirty days of issuance of a general permit in accordance with
chapter 43.21B RCW.
(b) The terms
and conditions of a general permit, as they apply to an individual facility,
are appealable, within thirty days of the effective date of coverage of that
facility, in accordance with chapter 43.21B RCW. This appeal is limited to the
general permit's applicability or nonapplicability to that individual
facility.
(c) The appeal of general
permit coverage of an individual facility does not affect any other facilities
covered under the general permit. If the terms and conditions of a general
permit are found to be inapplicable to any individual facility, the matter must
be remanded to the department for consideration of issuance of an individual
permit or permits.
(11)
Modification, revocation and reissuance, and termination of general
permits. A general permit may be modified, revoked and reissued, or
terminated, during its term for cause including, but not limited to, the
following:
(a) A change occurs in the
technology or practices for control or abatement of pollutants applicable to
the category of facilities covered under the general permit.
(b) New biosolids or sewage sludge guidelines
or standards are promulgated pursuant to the Clean Water Act or chapter 70.95J
RCW, for the category of facilities covered under the general permit.
(c) Information is obtained which indicates
that cumulative effects on the environment from facilities covered under the
general permit are unacceptable.
(12)
Notice for determinations to
modify or revoke. In the event that the director has determined to
modify or revoke, in whole or in part, a general permit pursuant to subsection
(11) of this section the director must notify, in writing, all facilities
covered under the general permit. The notification must include:
(a) The reason(s) why the general permit is
being revoked or modified.
(b) The
process for appealing the determination pursuant to
RCW
43.21B.310.
(c) An application form and a time limit for
submitting the application.
(d) Any
other information determined to be relevant by the department.
Statutory Authority: Chapters 70.95J and
70.95 RCW. 07-12-010 (Order 06-06),
§ 173-308-90005, filed 5/24/07, effective
6/24/07.