WSR 17-04-106

PROPOSED RULES

[Filed February 1, 2017, 11:44 a.m.]

Preproposal statement of inquiry was filed as WSR 16-23-073.

Title of Rule and Other Identifying Information: SWCAA 400-036 Portable Sources From Other Washington Jurisdictions, this is an existing section that allows for operation of portable sources with valid approvals from other jurisdictions without obtaining an agency approval.

SWCAA 400-045 Permit Application for Nonroad Engines, this is an existing section identifying requirements for permit applications for nonroad engines.

SWCAA 400-046 Application Review Process for Nonroad Engines, this is an existing section identifying requirements for the processing and approval of permit applications for nonroad engines.

SWCAA 400-072 Small Unit Notification for Selected Source Categories, this is an existing section containing air emission standards, work practices, and monitoring/reporting requirements that may be used in lieu of New Source Review for selected small source categories.

SWCAA 400-074 Gasoline Transport Tanker Registration, this is an existing section containing air emission standards, work practices, registration and monitoring/reporting requirements for gasoline transport tankers.

SWCAA 400-098 Procedure for Adoption and Revision of the Consolidated Fee Schedule, this is a new section containing procedures by which the agency may adopt or revise a fee schedule for programs and activities that require a fee to support those activities.

SWCAA 400-099 Per Capita Fees, this is an existing section identifying the authority for, method of determination, and amount of the agency's per capita fee assessment for supplemental income.

SWCAA 400-100 Registration Requirements, this is an existing section identifying requirements for registration and inspection of air contaminant sources.

SWCAA 400-103 Operating Permit Fees, this is an existing section governing fee assessment and expenditure for the Operating Permit Program.

SWCAA 400-109 Air Discharge Permit Applications, this is an existing section that identifies requirements for the submission and content of Air Discharge Permit applications.

Hearing Location(s): Office of Southwest Clean Air Agency (SWCAA), 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, on May 4, 2017, at 3:00 p.m.

Date of Intended Adoption: May 4, 2017.

Submit Written Comments to: Paul Mairose, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, email Paul@swcleanair.org, fax (360) 576-0925, by April 28, 2017.

Assistance for Persons with Disabilities: Contact Tina Hallock by May 2, 2017, TTY (360) 574-3058.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SWCAA 400-036, 400-045, 400-046, 400-072, 400-074, 400-099, 400-100, 400-103 and 400-109, the proposed rule change removes reference to specific fees and redirects the reader to consult the current Consolidated Fee Schedule.

This proposed change will consolidate all fees into a single location to make it easier for affected parties to locate applicable fees. It will also remove the fees from the rule and establish a process for public notice and board consideration of changes without going through the complicated and lengthy rule-making process.

SWCAA 400-098, the proposed rule provides for establishment of a Consolidated Fee Schedule outside of the rule-making process. It establishes a process and procedure for adoption and revision to the fee schedule and associated public notice and comment provisions.

This proposed rule will consolidate all fees into a single location to make it easier for affected parties to locate applicable fees. It will also remove the fees from the rule and establish a process for public notice and comment and board consideration of changes without going through the complicated and lengthy rule making process.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: RCW 70.94.141.

Name of Proponent: SWCAA, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Paul Mairose, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058; and Enforcement: Uri Papish, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes proposed by SWCAA are consistent with federal or state rules already in effect. This agency is not subject to the small business economic impact provision of chapter 19.85 RCW. A fiscal analysis has been performed to establish the basis for any proposed fee increases. Copies of this analysis are available from SWCAA.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. SWCAA is not voluntarily invoking section 201, chapter 403, Laws of 1995, for this action.

February 1, 2017

Uri Papish

Executive Director