WSR 05-16-122

PREPROPOSAL STATEMENT OF INQUIRY

SOUTHWEST CLEAN AIR AGENCY


[ Filed August 3, 2005, 9:34 a.m. ]

Subject of Possible Rule Making: Changes to the fees charged by the agency for registration, per capita and new source review - including SWCAA 400-045, 400-099, 400-100 and 400-109; and to update adoption of new or revised federal standards SWCAA 400-075 and 400-115; and update adoption of Washington state rules for prevention of significant deterioration SWCAA 400-141 because of changes made in the state and federal rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.141, 70.94.152, 70.94.093.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of these rule changes is to modify the fees collected by the agency for the registration program, per capita fees and new source review fees. There have been no fee increases in over eight years. The proposed rule changes will establish new fees consistent with the workload and increased costs incurred by the agency for these activities. Adoption of new or revised state and federal standards will make the agency programs consistent with the existing state and federal programs.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Environmental Protection Agency (EPA) and the Washington Department of Ecology (DOE) have standards and programs that apply either nationally or statewide. SWCAA is proposing to update adoption by reference several of the standards and programs that have been updated by these agencies since SWCAA last updated its rules.

Process for Developing New Rule: Other than the fees, the sections of the rule to be modified will be an adoption by reference to maintain consistency with other state and federal rules currently promulgated.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Paul Mairose by telephone at (360) 574-3058 ext. 30 between 7:00 a.m. and 5:30 p.m. weekdays, or by mail at 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, or by e-mail at Paul@swcleanair.org.

August 2, 2005

Robert D. Elliott

Executive Director

Washington State Code Reviser's Office