Rulemaking frequently asked questions

Rulemaking is when we propose and adopt rules to protect the environment and public health. The Washington State Legislature guides all state rulemaking through a law known as the Administrative Procedure Act (APA), Chapter 34.05 RCW. All state agencies must follow the requirements of the APA.

WAC stands for Washington Administrative Code. State agencies adopt rules (WACs) to implement state or federal laws.

What do the WAC numbers mean?
Example: 173-213-050
“173” This is the title number.
Ecology rules are found under titles 173, 508, 317, 372, and 197.

“213” (Written as chapter 173-213 WAC).
This number represents a chapter within a given title.

“050” (written as WAC 173-213-050).
This number represents a section within the chapter.

RCW stands for Revised Code of Washington. An RCW is a law passed by the legislature and signed by the governor.

What do the RCW numbers mean?
Example: 34.05.110
“34”
This is the title number.

“05” (Written as chapter 34.05 RCW).
This number represents a chapter within a given title

“110” (written as RCW 34.05.110).
This number represents a section within the chapter.

Statutory authority is when the legislature gives a state agency the permission to write and adopt a rule on a specific subject. Each time a rule is adopted or amended the statutory authority is listed in a paragraph below a specific section of the rule.

Below is an example of a statutory authority paragraph:

Statutory authority: RCW 42.17.250. 98-16-052 (Order 98-12), § 173-03-010, filed 7/31/98, effective 8/31/98. Statutory authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-010, filed 10/23/90, effective 11/23/90. Statutory authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-010, filed 1/17/78.

Copies of laws (RCWs) and rules (WACs) are available on Washington State Legislature website.

The Administrative Procedures Act (APA) allows a rule to be adopted as soon as 28 days, but no more than 180 days, after the CR-102 form is published in the Washington State Register. No rule can be adopted before the intended adoption date given on the CR-102 form. If we do not adopt the rule within 180 days, the Code Reviser’s Office will withdraw it from the rulemaking process. We must file a new CR-102 form to continue rulemaking on the same topic. There are two exceptions to this time frame: emergency rules and expedited rules.

There are three major phases in a typical the rulemaking process:

1. Announcement Phase

2. Proposal Phase 

3. Adoption Phase

Announcement Phase 

Initiated once the Pre-Proposal Statement of Inquiry (CR-101) form has been filed with the Washington State Code Reviser’s Office for publishing in the Washington State Register. 

The purpose of the CR-101 is to notify the public about Ecology’s intent to adopt a new rule or amend or repeal an existing rule. At Ecology we call this the Announcement Notice (CR-101). 

The CR-101 filing provides:

• A brief description of the rulemaking

• The associated WAC number(s)

• ​Agency contact information for this rulemaking

​Proposal Phase

Initiated once the Proposed Rulemaking (CR-102) form has been filed with the Washington State Code Reviser’s Office for publishing in the Washington State Register. 

The CR-102 can not be filed until 30 days after the CR-101 is published in the Washington State Register (WSR). After the 30-day period, we can file a CR-102 at any time. The purpose of the CR-102 is to officially propose the draft rule language and to invite public comment. At Ecology we call this the Proposal Notice (CR-102). 

The CR-102 filing provides:

• A brief description of the rulemaking

• The associated WAC number(s)

• A copy of the proposed rule text

• Agency contact information for the rulemaking

• Intended adoption date

• The date, time, and location of the public hearing(s)

• The public comment deadline and the process for how to submit comments

• If required, a Small Business Economic Impact Statement (SBEIS)

• If completed, instructions about where to get a copy of the preliminary cost-benefit and least burdensome alternatives analyses (also known as Preliminary Regulatory Analyses)

Adoption Phase

Initiated once the Rulemaking Order (CR-103) form has been filed with the Washington State Code Reviser’s Office for publishing in the Washington State Register. 

The CR-103 can not be filed until on or after the intended adoption date written on the CR-102 (expedited and emergency rules are exceptions). At Ecology we call this the Adoption Notice (CR-103). 

The CR-103 filing

The purpose of the CR-103 is to officially adopt the rule with the signature of the Agency Director. Unless specified otherwise, a rule will become effective 31 days after the CR-103 is filed.

These rules follow a different process:

• Emergency rules become effective immediately upon filing a CR-103 form with the Washington State Code Reviser’s Office for publishing in the Washington State Register. 


• Expedited rules are open to a 45-day written objection period that starts once the proposed rule is published in the Washington State Register. If we do not receive any written objections the rule can be adopted any time after the objection period is over. The rule usually becomes effective 31 days later.

You can choose any of the options below to stay informed:

• Join the WAC Track email list. 
• Visit Ecology's Rulemaking website. 
  • On the open rulemaking page your interested in, click on the "Stay Informed" link to get updates related to a rulemaking.
  • Look on the Announcement Notice (CR-101) and the Proposal Notice (CR-102) for contact information.
• Look in the Washington State Register (WSR).

Contact

Katie Wolt 

Agency Rules Coordinator

katie.wolt@ecy.wa.gov

(360) 407-6998

Our economists conduct economic analyses as required for all rulemaking at Ecology. See more information on the types of economic analyses we do. 

You can find analyses conducted after April 2017, in one document called the Regulatory Analyses. We make a preliminary version of this analyses available when we file our rule proposal and a final version at adoption. The Regulatory Analyses includes:

• Cost Benefit Analysis
• Least-Burdensome Alternative Analysis
• Administrative Procedure Act Determinations
• Regulatory Fairness Act Compliance

All rulemaking economic analyses are listed under "Economic Analyses" on our publications by topic page.

In each case, some rulemakings may require one or all of the following analyses:

Small Business Economic Impact Statement (SBEIS)

The Regulatory Fairness Act requires state agencies to write a SBEIS for proposed rules that will impose more than minor costs to businesses in an industry. The purpose of the SBEIS is to look at how a rule might impact small businesses. When these impacts are identified, the agency must try to find ways to reduce those impacts.

Cost Benefit Analysis

The Administrative Procedures Act (APA) requires state agencies to conduct a Cost Benefit Analysis (CBA) to determine if the benefits from a proposed rule outweigh the costs to implement the rule. To complete this analysis the economist must consider existing laws and the law being implemented. They must also evaluate the benefits and costs to all potentially impacted industries that will result from the adoption of the rule. Public comments submitted during the public comment period are also part of this analysis. See more details on public comments in the public comment section above.

Least burdensome alternative

The APA also requires state agencies to determine that the version of the rule the agency adopts is the least burdensome alternative. To complete this analysis an economist will consider the proposed rule, as well as at least one alternative. The rule version adopted must be the least burdensome for those who are required to comply with the rule while still achieving the goals and objectives of the law being implemented.

Maximum net benefits

A maximum net benefits analysis is only required for rulemaking related to water resource issues where water is being allocated among potential users and uses. This economic analysis ensure that water is allocated to the highest valued beneficial uses and must address total costs and benefits to the people of Washington. The costs must include opportunities lost. The alternatives available for this analysis are limited by existing water management laws.

See more information on the types of economic analyses we do at Ecology. 

We offer formal and informal ways for you to comment on a proposed rule.

• Public workshops and advisory committees (informal) – Many times we will hold public workshops or create advisory committees to solicit input during the rule-making process. Look on the CR-101 for details on how to participate in the rulemaking process.

• Official public hearing (formal) – Public hearings are where you can submit your formal written comments or verbal “testimony” about the rulemaking. Comments you give at a public hearing become part of the official record Concise Explanatory Statement (CES), (includes responses to comments received), required by the APA. Look on the CR-102 form for the location, date, and time of the public hearing(s).

• Official comment period (formal) – You may submit written comments to us related to any rulemaking. Comments received after we file the CR-102 form and before the close of the comment period, will become part of the official rule-making record. Look at the CR-102 form to see who, where, and how you can submit comments.

The formal comment period starts when the CR-102 form is filed with the Office of the Code Reviser. Look on the CR-102 form for the date the comment period ends.

All proposed rules, except emergency rules, are required to provide a formal public comment period. You can submit formal comments the following ways:

• Written comments sent must be received no later than the end date of the formal comment period.
• Verbal comments are taken during the public hearing(s).
• Online using the eComments online comment tool or see the Public Input & Events Listing.

All comments received during the formal public comment period become part of the official record required by the Administrative Procedures Act. Comments are responded to in a document called a Concise Explanatory Statement (CES). See more information about our economic analyses in the economics section below.

It is important to: 

• Indicate the specific rulemaking you are commenting on. Refer to the WAC number listed on all rulemaking documents. 
• Identify who you are and how or why the rule affects you. 
• Be sure to explain why you disagree or agree. Be direct in your comment. 
• It is particularly useful to offer alternatives, compromise solutions, and specific language for your suggested changes. 
• Type your comments, if possible. 

Be sure to include your name and address so that you can receive a copy of the Concise Explanatory Statement.

Anyone who provides comments and contact information, during the formal comment period, will receive notice when the Concise Explanatory Statement is available. You will be able to find your name listed in this document with a reference to where, in the document, we responded to your comments.