WSR 08-03-108

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed January 22, 2008, 12:19 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Amend Regulation I, Sections 8.09, 8.10, and 8.11; and adopt Regulation I, Section 8.13.

Hearing Location(s): The Seattle Public Library, Microsoft Auditorium, 1000 4th Avenue, Seattle, WA 98104, on February 28, 2008, at 9:15 a.m.

Date of Intended Adoption: February 28, 2008.

Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, #105, Seattle, WA 98101, e-mail outdoorburningcomments@pscleanair.org, fax (206) 343-7522, by February 27, 2008.

Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by February 21, 2008, TTY (800) 833-6388 or (800) 833-6385 (Braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To prohibit burning of land-clearing debris in King, Pierce, and Snohomish counties as of June 30, 2008.

To prohibit residential burning in King, Pierce, and Snohomish counties as of June 30, 2010.

Reasons Supporting Proposal: RCW 70.94.745(6) requires the agency to prohibit land-clearing and residential burning in areas outside the UGAs and nonattainment areas when the agency has determined that an alternate technology or method of disposing of the organic refuse is available, reasonably economical, and less harmful to the environment than burning. Based on evaluation, agency staff believes that under WAC 173-425-040(5), reasonable, economical, and less harmful alternatives to land-clearing and residential burning exist in King, Pierce, and Snohomish counties.

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.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Nolan, 1904 3rd Avenue, Suite 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.

January 22, 2008

Dennis J. McLerran

Executive Director

AMENDATORY SECTION

REGULATION I SECTION 8.09 DESCRIPTION OF THE KING COUNTY NO-BURN AREA


As ((provided)) authorized by WAC 173-425-040(5), residential burning and land-clearing burning are prohibited in the following areas of King County until the dates in Section 8.13 of this regulation:

(a) The King County Urban Growth Area; and

(b) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).

AMENDATORY SECTION

REGULATION I SECTION 8.10 DESCRIPTION OF THE PIERCE COUNTY NO-BURN AREA


As ((provided)) authorized by WAC 173-425-040(5), residential burning and land-clearing burning are prohibited in the following areas of Pierce County until the dates in Section 8.13 of this regulation:

(a) The Pierce County Urban Growth Area; and

(b) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).

AMENDATORY SECTION

REGULATION I SECTION 8.11 DESCRIPTION OF THE SNOHOMISH COUNTY NO-BURN AREA


As ((provided)) authorized by WAC 173-425-040(5), residential burning and land-clearing burning are prohibited in the following areas of Snohomish County until the dates in Section 8.13 of this regulation:

(a) The Snohomish County Urban Growth Area; and

(b) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).

NEW SECTION

REGULATION I SECTION 8.13 LAND-CLEARING AND RESIDENTIAL BURNING PROHIBITED


(a) As authorized by WAC 173-425-040(5), land-clearing burning is prohibited in King, Pierce, and Snohomish Counties after June 30, 2008.

(b) As authorized by WAC 173-425-040(5), residential burning is prohibited in King, Pierce, and Snohomish Counties after June 30, 2010.

Washington State Code Reviser's Office