PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: This rule-making effort focuses on reviewing and updating the current rule on agricultural burning, chapter 173-430 WAC.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.650, 70.94.743, and 70.94.745.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology is initiating rule making at this time in order to comply with a 9th Circuit Court of Appeals Settlement Agreement. Ecology is also fulfilling the mandatory regulatory review described in the Washington State Administrative Procedure Act, chapter 34.05 RCW. The primary accomplishment of this review and update is to address legislative changes, technological changes, and settlement agreement items.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are no other federal or state agencies regulating agricultural burning in Washington state. However, local air authorities, counties, and conservation districts have the statutory authority to issue agricultural burning permits. Ecology will coordinate with these groups either through the advisory committee process or through one-on-one meetings. In addition, statute mandates the Agricultural Burning Practices and Research Task Force with specific permit program responsibilities. Ecology will consult with this group by scheduling time on the agenda for this purpose. Currently, the Agricultural Burning Practices and Research Task Force meets quarterly.
Process for Developing New Rule: Rule making for significant legislative rules, as described in the Washington State Administrative Procedure Act, chapter 34.05 RCW.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Melissa McEachron, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6860, fax (360) 407-7534, e-mail MMCE461@ecy.wa.gov. Interested parties can access more information on this rule making by contacting the ecology staff member listed below or accessing the ecology website http://www.ecy.wa.gov/laws-rules/index.html.
June 21, 2004
Stuart A. Clark
for Mary Burg
Air Program Manager