WSR 17-11-078

PERMANENT RULES

[Filed May 18, 2017, 3:26 p.m., effective June 18, 2017]

Effective Date of Rule: Thirty-one days after filing.

Purpose: SWCAA 400-036 Portable Sources From Other Washington Jurisdictions; SWCAA 400-045 Permit Application for Nonroad Engines; SWCAA 400-046 Application Review Process for Nonroad Engines; SWCAA 400-072 Small Unit Notification for Selected Source Categories; SWCAA 400-074 Gasoline Transport Tankers; SWCAA 400-099 Per Capita Fees; SWCAA 400-100 Registration Requirements; SWCAA 400-103 Operating Permit Fees; and SWCAA 400-109 Air Discharge Permit Applications: The proposed rule changes remove reference to specific fees and redirect the reader to consult the current Consolidated Fee Schedule.

SWCAA 400-098 Procedure for Adoption and Revision of the Consolidated Fee Schedule (new section), 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.

These proposed changes 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 rules and establish a process for public notice and board consideration of changes without going through the complicated and lengthy rule-making process.

Citation of Existing Rules Affected by this Order: Amending SWCAA 400-036, 400-045, 400-046, 400-072, 400-074, 400-098, 400-099, 400-100, 400-103, and 400-109.

Statutory Authority for Adoption: RCW 70.94.141.

Adopted under notice filed as WSR 17-04-106 on February 1, 2017.

Changes Other than Editing from Proposed to Adopted Version: One commenter noted that a reference to a fee was not identified to be removed from SWCAA 400-109 (2)(e) consistent with the other references. This reference has been removed in the final text consistent with the other fee references.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 9, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, 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 1, Amended 9, Repealed 0.

Date Adopted: May 4, 2017.

Uri Papish

Executive Director