Original Notice.

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

     Title of Rule and Other Identifying Information: Amend Regulation I: Section 3.02 (Meetings of the Board of Directors); Section 3.11 (Civil Penalties); and Section 3.25 (Federal Regulation Reference Date).

     Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on September 27, 2007, at 9:15 a.m.

     Date of Intended Adoption: September 27, 2007.

     Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, #105, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by September 26, 2007.

     Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by September 20, 2007, TTY (800) 833-6388 or (800) 833-6385 (Braille).

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update the agency's address and board of directors meeting day to reflect changes.

     To adjust the maximum civil penalty amount for inflation.

     To update the federal regulation reference date in order to remain current.

     Reasons Supporting Proposal: The agency's address has changed as well as the board of directors meeting day.

     Without the adjustment for inflation, the maximum civil penalty amount would effectively decrease each year.

     The federal regulation reference date needs to be kept current.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

     Statute Being Implemented: RCW 70.94.141.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect the amendments to Sections 3.11 (for information purposes) and 3.25.

     Name of Proponent: Puget Sound Clean Air Agency, governmental.

     Name of Agency Personnel Responsible for Drafting: Lynn Sykes, 1904 3rd Avenue, #105, Seattle, WA 98101, (206) 689-4067; Implementation and Enforcement: Jim Nolan, 1904 3rd Avenue, #105, Seattle, WA 98101, (206) 689-4053.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

     A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

August 16, 2007

James Nolan

Director - Compliance

REGULATION I SECTION 3.02 MEETINGS OF THE BOARD OF DIRECTORS

     (a) Regular Meetings. The Agency Board of Directors shall meet at least ten (10) times per year. All Board of Director meetings are open to the public. Regular meetings of the Board ((shall be)) are usually held on the ((second)) fourth Thursday of each month at the Agency's offices. The Agency's offices are located at ((110 Union Street, Suite 500, Seattle, WA 98101-2038)) 1904 3rd Avenue, Suite 105, Seattle, WA 98101-3317. The Agency may be reached by telephone at (206) 343-8800 or 1-800-552-3565, or by facsimile at (206) 343-7522.

     Notice of the meetings shall be published in the State Register, as well as in the local newspapers of general circulation of the largest city within each member county. The notices shall state the time, date, and place of each meeting. Notice shall be provided at least ten (10) days prior to each meeting. The agenda for any meeting may be obtained from the Agency's website or by contacting the Agency directly.

     During any meeting, the Board may retire to Executive Session, at which time all members of the public shall be excluded from the meeting.

     Written communications to the Board or individual Board members may be made by contacting the Agency at the above address and facsimile number.

     (b) Special Meetings. The Chair or majority of the members of the Board may call a special meeting at any time. Notice of such meetings shall be provided as required by the Open Public Meetings Act, chapter 42.30 RCW.

     (c) Public Records. All minutes and records of all regular and special Board meetings, including written communications provided to the Board, shall be available for public inspection and copying as provided in the Public Disclosure Law, chapter 42.17 RCW. Any person wishing to review or copy such records should contact the Agency's records administrator.

AMENDATORY SECTION

REGULATION I SECTION 3.11 CIVIL PENALTIES

     (a) Any person who violates any of the provisions of chapter 70.94 RCW or any of the rules or regulations in force pursuant thereto, may incur a civil penalty in an amount not to exceed (($15,127.00)) $15,717.00 per day for each violation.

     (b) Any person who fails to take action as specified by an order issued pursuant to chapter 70.94 RCW or Regulations I, II, and III of the Puget Sound Clean Air Agency shall be liable for a civil penalty of not more than (($15,127.00)) $15,717.00 for each day of continued noncompliance.

     (c) Within 30 days of the date of receipt of a Notice and Order of Civil Penalty, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. To be considered timely, a mitigation request must be actually received by the Agency, during regular office hours, within 30 days of the date of receipt of a Notice and Order of Civil Penalty. This time period shall be calculated by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or legal holiday, and then it is excluded and the next succeeding day that is not a Saturday, Sunday, or legal holiday is included. The date stamped by the Agency on the mitigation request is prima facie evidence of the date the Agency received the request.

     (d) A mitigation request must contain the following:

     (1) The name, mailing address, telephone number, and telefacsimile number (if available) of the party requesting mitigation;

     (2) A copy of the Notice and Order of Civil Penalty involved;

     (3) A short and plain statement showing the grounds upon which the party requesting mitigation considers such order to be unjust or unlawful;

     (4) A clear and concise statement of facts upon which the party requesting mitigation relies to sustain his or her grounds for mitigation;

     (5) The relief sought, including the specific nature and extent; and

     (6) A statement that the party requesting mitigation has read the mitigation request and believes the contents to be true, followed by the party's signature.

     The Control Officer shall remit or mitigate the penalty only upon a demonstration by the requestor of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

     (e) Any civil penalty may also be appealed to the Pollution Control Hearings Board pursuant to chapter 43.21B RCW and chapter 371-08 WAC. An appeal must be filed with the Hearings Board and served on the Agency within 30 days of the date of receipt of the Notice and Order of Civil Penalty or the notice of disposition on the application for relief from penalty.

     (f) A civil penalty shall become due and payable on the later of:

     (1) 30 days after receipt of the notice imposing the penalty;

     (2) 30 days after receipt of the notice of disposition on application for relief from penalty, if such application is made; or

     (3) 30 days after receipt of the notice of decision of the Hearings Board if the penalty is appealed.

     (g) If the amount of the civil penalty is not paid to the Agency within 30 days after it becomes due and payable, the Agency may bring action to recover the penalty in King County Superior Court or in the superior court of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

     (h) Civil penalties incurred but not paid shall accrue interest beginning on the 91st day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the 31st day following final resolution of the appeal.

     (i) To secure the penalty incurred under this section, the Agency shall have a lien on any vessel used or operated in violation of Regulations I, II, and III which shall be enforced as provided in RCW 60.36.050.

AMENDATORY SECTION    

REGULATION I SECTION 3.25 FEDERAL REGULATION REFERENCE DATE

     Whenever federal regulations are referenced in Regulation I, II, or III, the effective date shall be July 1, ((2006)) 2007.

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