WSR 99-17-086

PROPOSED RULES

OLYMPIC AIR POLLUTION

CONTROL AUTHORITY
[ Filed August 17, 1999, 9:28 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Amend Olympic Air Pollution Control Authority (OAPCA) Regulation 1 Article 5 Registration and Article 7 Notice of Construction.

Purpose: Revise exemption lists for Registration and Notice of Construction programs. Simplify Notice of Intent to Operate to one section in Article 7.

Statutory Authority for Adoption: RCW 70.94.

Statute Being Implemented: RCW 70.94.141.

Summary: This proposal will revise the list of sources that are exempt from the registration and notice of construction programs. This proposal also combines the notice of intent to operate into one new section (7.02).

Reasons Supporting Proposal: To address discrepancies between registration and notice of construction, incorporate current OAPCA policies, and simplify the regulation.

Name of Agency Personnel Responsible for Drafting: Jennifer DeMay, 909 Sleater Kinney Road S.E., #1, 438-8768; Implementation and Enforcement: Charles Peace, 909 Sleater Kinney Road S.E., #1, 438-8768.

Name of Proponent: Olympic Air Pollution Control Authority (OAPCA), governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposal will revise the list of sources that are exempt from the registration and notice of construction programs. This proposal is anticipated to have little or no effect on sources since most changes are part of current OAPCA policy.

Proposal Changes the Following Existing Rules: Revisions were made to the list of sources exempt from registration to address discrepancies and incorporate current OAPCA policies. The list of sources that require notice of construction was removed and a reference to the exemption list in Article 5 Registration was included.

No small business economic impact statement has been prepared under RCW 19.85. This agency is not subject to the Regulatory Fairness Act ( RCW 19.85) because air pollution control authorities are not deemed state agencies ( RCW 70.94.141).

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Olympic Air Pollution Control Authority, 909 Sleater Kinney Road S.E., #1, Lacey, WA 98503, on October 13, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Craig Weckesser by October 6, 1999, (360) 438-8768.

Submit Written Comments to: Charles Peace, fax (360) 491-6308, by October 13, 1999.

Date of Intended Adoption: October 13, 1999.

August 16, 1999

Charles Peace

Executive Director

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 99-18 issue of the Register.