Effective Date of Rule: November 8, 2010.

     Purpose: Indicate that the Board "may" vs. "shall" amend the fee schedule to more accurately recover program costs in Sections 10.06.B, 10.07, and 10.08.B; Section 10.04 - remove the fee waiver for financial hardship; Section 10.06.B - clarify that the per stack/per point fee may include fugitive emissions; Section 10.06.C.3 - 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 - add a complex permit condition revision fee for best cost recovery; Section 10.11 - remove the section header since the requirements were repealed in 2005; Section 10.12 - reference agricultural burning fees in Chapter 173-430 WAC; Section 10.13 - move the outdoor burning fees to a fee schedule and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; Section 10.14.A - 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.

     Citation of Existing Rules Affected by this Order: Amending SRCAA Regulation I, Article X, Sections 10.04, 10.06-10.08, and 10.10-10.14.

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

      Adopted under notice filed as WSR 10-17-008 on August 5, 2010.

     Changes Other than Editing from Proposed to Adopted Version: Clarification was provided to footnote "B" in Section 10.06.B.1. With the addition of each "volatile organic compound" to this section, the reference to each "toxic air pollutant" should be each "non-VOC toxic air pollutant" emitted.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 7, 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 10-22 issue of the Register.

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