WSR 24-12-089

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[Filed June 5, 2024, 11:39 a.m.]

Original Notice.

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) Regulations: Rule 1.11 Federal Regulation Reference Date and Rule 1.12 State Regulations Reference Date.

Hearing Location(s): On July 10, 2024, at 10:00 a.m., at Olympic Region Clean Air Agency, 2940 Limited Lane N.W., Olympia, WA 98502. In addition to attending the hearing in person, remote participation via Zoom is also an option. Please see our website for login information www.orcaa.org/about/board-of-directors.

Date of Intended Adoption: July 10, 2024.

Submit Written Comments to: Mike Shults, 2940 Limited Lane N.W., email mike.shults@orcaa.org, fax 360-491-6308, beginning 8:00 a.m., June 10, 2024, by 10:00 a.m., July 10, 2024.

Assistance for Persons with Disabilities: Contact Dan Nelson, phone 360-539-7610, ext. 111, fax 360-491-6308, email dan.nelson@orcaa.org, by 4:30 p.m., July 8, 2024.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA proposes to update the effective date of the federal regulations and state regulations that were previously adopted by ORCAA. Currently, where federal and state rules are referenced in ORCAA regulations, the effective date of the regulations are July 1, 2023. ORCAA intends to update the effective date annually. This proposal would change the reference date to July 1, 2024.

Statutory Authority for Adoption: Chapter 70A.15 RCW.

Statute Being Implemented: Chapter 70A.15 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: ORCAA, governmental.

Name of Agency Personnel Responsible for Drafting: Mike Shults, 2940 Limited Lane N.W., Olympia, 360-539-7610, ext. 113; Implementation and Enforcement: Jeff C. Johnston, Ph.D., 2940 Limited Lane N.W., Olympia, 360-539-7610, ext. 100.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 applies to state government. It does not apply to local air agencies per RCW 70A.15.2040.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.011.

Explanation of exemptions: Chapter 19.85 RCW applies to "rules adopted by state agencies." RCW 70A.15.2040(1) states: "An air pollution control authority shall not be deemed to be a state agency." ORCAA is an air pollution control authority.

Scope of exemption for rule proposal:

Is fully exempt.

June 5, 2024

Jeff C. Johnston, Ph.D.

Executive Director

Whenever federal regulations are referenced in ORCAA's rules, the effective date shall be July 1, 202((3))4.

Whenever state regulations are referenced in ORCAA's rules, the effective date shall be July 1, 202((3))4.