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 8.04 (General Conditions for Outdoor Burning) and Section 8.05 (Agricultural Burning).

     Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on September 25, 2008, at 9:15 a.m.

     Date of Intended Adoption: September 25, 2008.

     Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by September 24, 2008.

     Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by September 18, 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 align the agency permit fees for agricultural burn permits with the statewide fee structure contained in the ecology agricultural burning rule (WAC 173-430-040). The proposal would also include appropriate cross-references to chapter 173-430 WAC.

     Reasons Supporting Proposal: The maximum fees are set by statute and the agency's fees need to be brought into alignment with statutory requirements.

     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.

August 18, 2008

Dennis J. McLerran

Executive Director

REGULATION I SECTION 8.04 GENERAL CONDITIONS FOR OUTDOOR BURNING

     (a) The provisions of Chapters 173-425 WAC (Outdoor Burning) and 173-430 WAC (Agricultural Burning) are herein incorporated by reference. It shall be unlawful for any person to cause or allow any outdoor burning unless the burning is in compliance with Chapters 173-425 and 173-430 WAC.

     (b) The provisions of Sections 9.05 and 9.15 of Regulation I shall not apply to outdoor burning.

     (c) Nothing contained in Article 8 shall be construed to allow outdoor burning in those areas in which outdoor burning is prohibited by laws, ordinances, or regulations of the state or any city, county, or fire district.

     (d) Nothing contained in Article 8 shall relieve the applicant from obtaining permits required by any state or local fire protection agency or from compliance with the ((Uniform)) Fire Code.

AMENDATORY SECTION

REGULATION I SECTION 8.05 AGRICULTURAL BURNING PERMITS

     (a) Applicability. This section applies to burning permits related to agricultural operations. The definitions and requirements contained in Chapter 173-430 WAC also apply to this section.

     (b) General Requirements. Agricultural burning will be permitted if the following requirements are met:

     (1) The natural vegetation being burned is generated from the property of the commercial agricultural operation; and

     (2) Burning is necessary for crop propagation or rotation, disease or pest control; and

     (3) Burning is a best management practice as established by the Agricultural Burning Practices and Research Task Force (established in RCW 70.94.650 as referenced in WAC 173-430-050); or the burning practice is approved in writing by the Washington State Cooperative Extension Service or the Washington State Department of Agriculture; or the burning is conducted by a governmental entity with specific agricultural burning needs, such as irrigation districts, drainage districts, and weed control boards.

     (c) Permit Applications. Agricultural burning permits shall be approved by the Agency prior to burning. The permit application shall be submitted on forms provided by the Agency and shall include:

     (1) A copy of the applicant's most recent year's Schedule F (as filed with the Internal Revenue Service);

     (2) A written review by the local fire district or fire marshal indicating their endorsement that local requirements have been met; and

     (3) A non-refundable permit fee:

     (A) For burning up to 10 acres (or equivalent), the fee is $25.00 ($12.50 for local administration and $12.50 for the research fund ((base fee)));

     (B) For burning over 10 acres, the fee is (($25.00 plus $2.50 for each additional acre)) $2.25 per acre ($1.25 for local administration, $.50 for the research fund, and $.50 for Ecology administration).

     (d) Permit Action and Content.

     (1) The Agency will act on a complete application within 7 days of receipt.

     (2) All agricultural burning permits shall contain conditions that are necessary to minimize emissions.

     (3) All permits shall expire 12 months from date of issuance.

     (e) Permit Denial. No permit shall be issued if the Agency determines that the proposed burning will cause a nuisance. All denials shall become final within 15 days unless the applicant petitions the Control Officer for reconsideration, stating the reasons for reconsideration. The Control Officer shall then consider the petition and shall within 30 days issue a permit or notify the applicant in writing of the reason(s) for denial. (For more information on the appeal process, see Section 3.17 of this regulation.)

© Washington State Code Reviser's Office