WSR 07-05-071

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[ Filed February 20, 2007, 2:51 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) Regulations, Rule 3.1 Annual Registration Fees and Rule 3.3 Notice of Construction Fees. The proposal increases annual fees for registration and notice of construction activities.

Hearing Location(s): Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on April 11, 2007, at 10:00 a.m.

Date of Intended Adoption: April 11, 2007.

Submit Written Comments to: Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, e-mail Robert@orcaa.org, fax (360) 491-6308, by April 6, 2007.

Assistance for Persons with Disabilities: Contact Dan Nelson by April 2, 2007, (360) 586-1044.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This change will enable the agency to collect additional revenue for the registration and notice of construction programs. The additional revenue is needed to more fully fund these programs. There will be an increase in the annual registration fees charged to existing businesses and industries registered with ORCAA. Fees associated with air permits for new sources of air pollution will also increase.

Reasons Supporting Proposal: Chapter 70.94 RCW provides air agencies authority to charge fees sufficient to cover costs of implementing air regulatory programs including annual registration of existing sources of air pollution and air permitting programs for new sources of air pollution. The registration and permitting programs have always been subsidized by other funding sources. The fees have been increased once (by 3.6%) in the last thirteen years.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

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

Name of Proponent: Olympic Region Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Moody, 2940 B Limited Lane N.W., Olympia, WA 98502, (360) 586-1044.

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

A cost-benefit analysis is not required under RCW 34.05.328. Air pollution control authorities are not deemed to be state agencies (RCW 70.94.141).

February 16, 2007

Richard A. Stedman

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 07-06 issue of the Register.

Washington State Code Reviser's Office