WSR 10-17-008

PROPOSED RULES

SPOKANE REGIONAL

CLEAN AIR AGENCY

[ Filed August 5, 2010, 12:02 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: SRCAA Regulation I, Article X, Section 10.04 - Fee Waiver, Section 10.06 - Registration and Operating Permit Fees for Air Contaminant Sources, Section 10.07 - Application and Permit Fees for Notice of Construction and Application for Approval (NOC) and For Notice of Intent to Install and Operate a Temporary Stationary Source (NOI), Section 10.08 - Miscellaneous Fees, Section 10.10 - Solid Fuel Burning Device Exemptions, Section 10.11 - Oxygenated Gasoline, Section 10.12 - Agricultural Burning Fees, Section 10.13 - Outdoor Burning Permit Fees, and Section 10.14 - Paving Waiver Fees.

Hearing Location(s): Spokane Regional Clean Air Agency (SRCAA), 3104 East Augusta Avenue, Spokane, WA 99207, on October 7, 2010, at 9:30 a.m.

Date of Intended Adoption: October 7, 2010.

Submit Written Comments to: Matt Holmquist, 3104 East Augusta Avenue, Spokane, WA 99207, e-mail mholmquist@spokanecleanair.org, fax (509) 477-6828, by 4:30 p.m. on October 5, 2010.

Assistance for Persons with Disabilities: Contact Barbara Nelson by 4:30 p.m. on September 30, 2010, (509) 477-4727.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Section 10.04 - Fee Waiver, remove the fee waiver for financial hardship; Section 10.06.B - Registration Fees, clarify that the per stack/per point fee may include sources of fugitive emissions (e.g., crushing operations) and indicate that the board "may" amend the fee schedule to more accurately recover program costs versus "shall" amend the fee schedule; Section 10.06.C.3 - Air Operating Permit Fees, reference the hourly fee of $67 per hour in the fee schedule versus $65 per hour to more accurately reflect actual costs; Section 10.07.A.2 - Notice of Construction and Notice of Intent Fees, add a complex permit condition revision fee for occasions when dispersion modeling, impact analysis, or emission calculations are required and indicate that the board "may" amend the fee schedule to more accurately recover program costs versus "shall" amend the fee schedule; Section 10.08.B - Miscellaneous Fees, indicate that the board "may" amend the fee schedule to more accurately recover program costs versus "shall" amend the fee schedule; Section 10.11 - Oxygenated Gasoline, remove the section header since the requirements were repealed in 2005; Section 10.12 - Agricultural Burning Fees, reference agricultural burning permits set by the agricultural burning practices and research task force in chapter 173-430 WAC; Section 10.13 - Outdoor Burning Permit Fees, move the Outdoor Burning Fees to a fee schedule and decrease the hourly review fee from $65 per hour to $55 per hour to better reflect actual hourly costs for staff that perform this review; and Section 10.14.A - Paving Waiver Fees, move the Paving Waiver Fees to a fee schedule and leave the filing fee at $50, but increase the hourly review fee from $50 per hour to $55 per hour after the first hour of review to more accurately reflect actual costs.

Reasons Supporting Proposal: Refer above.

Statutory Authority for Adoption: RCW 70.94.141(1) and 70.94.380(2).

Statute Being Implemented: Chapter 70.94 RCW.

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

Name of Proponent: SRCAA, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Matt Holmquist, SRCAA, 3104 East Augusta Avenue, Spokane, WA 99207, (509) 477-4727.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local clean air agency rule and as such, chapter 19.85 RCW does not apply.

A cost-benefit analysis is not required under RCW 34.05.328. This is a local agency rule and pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule.

August 5, 2010

Matt Holmquist

Compliance Administrator

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 10-18 issue of the Register.

Washington State Code Reviser's Office