Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Specific rules for burning that requires a written burning permit.

Purpose: Set fees for permits to burn forest debris and specify other conditions for written burning permits.

Statutory Authority for Adoption: RCW 70.94.660 and 76.04.205.

Statute Being Implemented: RCW 70.94.660 and 76.04.205.

Summary: Amend the fee schedule to increase fees by 4.18 percent as directed under RCW 70.94.660.

Reasons Supporting Proposal: The department is required by RCW 76.04.660 to set fees at a level necessary to support the program. The fee increase will account for inflation in program costs over the last year.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Gray, Olympia, phone 902-1300.

Name of Proponent: Department of Natural Resources, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The Clean Air Act requires the Department of Natural Resources to take responsibility for issuing and regulating burn permit where the Department of Natural Resources has protection responsibilities. The act also requires the Department of Natural Resources to assess fees for its permits, and that fees be set at a level to recover costs of the program.

Fees will be adjusted by 4.18 percent, amount allowed under RCW 43.135.055. The purpose of the proposed change is to adjust the burning permit fee schedule to a level necessary to cover costs of the smoke management program. Fees will be adjusted by 4.18 percent, the amount allowed under RCW 43.135.055. This will result in a one dollar increase for ninety percent of permittees, and no more than a fifteen dollar increase for ninety-nine percent of all burns.

Proposal Changes the Following Existing Rules: The proposal adjusts the fee schedule in WAC 332-24-221 by the amount allowed under RCW 43.135.055.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The fee increase will be one dollar for ninety percent of all permits issued. The rule does not impose more than minor costs on more than twenty percent of all industries or more than ten percent of one industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Rules that set or adjust fees or rates pursuant to legislative standards are exempt from section 201, chapter 403, Laws of 1995.

Hearing Location: Natural Resources Building, Room 461, 1111 Washington Street S.E., Olympia, WA, on May 28, 1998, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Mark Gray by May 22, 1998, TDD (360) 902-1156.

Submit Written Comments to: Mark Gray, FAX (360) 902-1757 by May 28, 1998.

Date of Intended Adoption: May 29, 1998.

April 14, 1998

Charles Baum

Supervisor

AMENDATORY SECTION (Amending Order 640, filed 5/30/97, effective 7/1/97)

WAC 332-24-221  Specific rules for burning that requires a written burning permit. Persons not able to meet the requirements of WAC 332-24-205 and 332-24-211 must apply for a written burning permit through the department. In addition to the rules outlined in WAC 332-24-205, the following are additional requirements for written permits:

(1) Written burning permits will be in effect for one year from the validation date, unless suspended or revoked.

(2) Fees for written burning permits will be charged and collected pursuant to chapter 70.94 RCW and shall be ((twenty-three)) twenty-four dollars seventy-five cents for under one hundred tons of consumable debris; and for burns one hundred tons of consumable debris and greater as follows: