WSR 15-03-094

PROPOSED RULES

[Filed January 21, 2015, 11:01 a.m.]

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) regulations: Regulation 3, Rule 3.1 Annual Registration Fees, Rule 3.3 Notice of Construction Fees, Rule 3.4 Outdoor Burning Permit Fees, Rule 3.5 Asbestos Fees, the addition of Rule 3.6 Notice of Intent to Operate Fees, and changes to references within Rules 2.3, 6.1.1, 6.3.2.

Hearing Location(s): ORCAA, 2940 Limited Lane N.W., Olympia, WA 98502, on March 11, 2015, at 10:00 a.m.

Date of Intended Adoption: March 11, 2015.

Submit Written Comments to: Robert Moody, 2940 Limited Lane N.W., Olympia, WA 98502, e-mail robert.moody@orcaa.org, fax (360) 539-7610, by March 10, 2015.

Assistance for Persons with Disabilities: Contact Dan Nelson by February 25, 2015, (360) 539-7610.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA is proposing to streamline the publishing of fees by removing these fee schedules from our regulation and publishing them as separate board-approved documents. It also provides direction to ORCAA's board of directors for periodic review of the fees. The publishing of fees will change for the following programs: Registration, notices of construction, outdoor burning permits, and asbestos. It will move the existing table of fees for Notices of Intent to its own rule and establish how those fees will be published. References to the existing rules will be revised in Rules 2.3, 6.1.1, and 6.3.2. There is a financial impact created by changes to Rule 3.3(c). The word "technical" is being removed which allows ORCAA to collect revenue for hours expended in direct support of processing a Notice of Construction application. The most common example would be for staff involved with a public hearing.

Reasons Supporting Proposal: Updating fee schedules will be accomplished with less staff time. The change in Rule 3.3(c) will allow a small increase in agency revenue in a program that is significantly underfunded.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

Name of Proponent: ORCAA, governmental.

Name of Agency Personnel Responsible for Drafting: Robert Moody, 2940 Limited Lane N.W., Olympia, (360) 539-7610; Implementation and Enforcement: Fran McNair, 2940 Limited Lane N.W., Olympia, (360) 539-7610.

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, and the agency is not a school district.

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 20, 2015

Francea L. McNair

Executive Director