Summary of proposed rule
The rule proposal inserts new legal standards into the existing rule for the installation of flotation materials in overwater structures (e.g., docks and swim floats). The proposed rule includes more detailed standards for containing foam flotation and is intended to reduce the release of foam into freshwaters and marine areas that could cause environmental concerns.
Scope and rationale for proposed rule
During the 2023 legislative session, passage of SHB 1085 created RCW 70A.245.130, which regulates overwater structures containing plastic foam. The rule proposal amends WACs 220-660-140 and 220-660-380 to include language from the new law.
Documents
- CR-105 – filed as WSR 24-03-152 on Notice and opportunity to comment on this current expedited rule-making proposal
State Environmental Policy Act (SEPA)
SEPA determination: DNS
SEPA details
DNS 24-006. Review WDFW's Final SEPA documents for this rule making.
For more information
Staff Contact: Theresa Nation at Theresa.Nation@dfw.wa.gov
Public comments
This rule was proposed under an expedited rule making process that eliminates the need for the agency to hold public hearings, prepare a small business economic impact statement, or provide responses to the criteria for a significant legislative rule.