WSR 23-21-098
PROPOSED RULES
NORTHWEST CLEAN
AIR AGENCY
[Filed October 18, 2023, 8:36 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency (NWCAA).
Hearing Location(s): On December 5, 2023, at 10 a.m., in person at the NWCAA Office, 1600 South 2nd Street, Mount Vernon, WA; or via video and teleconference https://us06web.zoom.us/j/85102305919, Meeting ID 851 0230 5919, phone 253-215-8782.
Date of Intended Adoption: December 14, 2023.
Submit Written Comments to: Mark Buford, 1600 South 2nd Street, Mount Vernon, WA 98273, email info@nwcleanairwa.gov, fax 360-428-1620, by December 5, 2023, at 11 a.m.
Assistance for Persons with Disabilities: Contact Laurie Caskey-Schreiber, phone 360-428-1617, fax 360-428-1620, email info@nwcleanairwa.gov, by November 28, 2023.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Update the adoption-by-reference date to allow implementation of the most recent version of the referenced state and federal rules; delete chapter 173-442 WAC since it has been repealed; and add 40 C.F.R. 60 Subparts AAb, KKa, MMa, and TTTa and 40 C.F.R. 62 Subpart OOO to the list (NWCAA Section 104).
Replace the detailed public records procedures in the regulation with a general policy statement in accordance with the Public Records Act in chapter
42.56 RCW. The specific details and procedures related to public records will be published in a policy on the NWCAA website. This will allow NWCAA to better keep the public records policy up-to-date with the frequent changes in the RCW and current case law (NWCAA Section 106).
Update the adoption-by-reference date to allow implementation of the most recent version of the referenced state rules related to the State Environmental Policy Act (SEPA) (NWCAA Section 155).
Revise the definition of "Volatile organic compound (VOC)" to point to the general definitions in WAC 173-400-030 to avoid having to update the NWCAA definition each time the WAC definition section is renumbered (NWCAA Section 200).
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: Chapter
70A.15 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: NWCAA, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Mark Buford, 1600 South 2nd Street, Mount Vernon, WA, 360-428-1617.
A school district fiscal impact statement is not required under RCW
28A.305.135.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: Not applicable under RCW
70A.15.2040.
Scope of exemption for rule proposal:
Is fully exempt.
October 18, 2023
Mark Buford
Executive Director
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 23-22 issue of the Register.