Exempt from preproposal statement of inquiry under RCW 70.94.141.

Title of Rule: Amending OAPCA Regulation 1 Article 1, Section 1.07; Article 8, Section 8.03, Solid Fuel Burning Device.

Purpose: Amend these Articles and definitions to conform with changes to chapter 70.94 RCW imposed by SHB 1354 as passed by the legislature in 1998.

Other Identifying Information: Adoption changes to chapter 70.94 RCW in SHB 1354 as approved by the governor.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: Amending OAPCA Regulation 1, Section 1.07 (definitions) and Section 8.03 to conform with changes to chapter 70.94 RCW under SHB 1354.

Reasons Supporting Proposal: The 1998 legislature passed and the governor signed SHB 1354 to make changes to the definition of "impaired air quality stage 1.".

Name of Agency Personnel Responsible for Drafting: Jean-Paul Huys, 909 Sleater Kinney Road S.E. #1, 438-8768; Implementation and Enforcement: John Kelly, 909 Sleater Kinney Road, 438-8768.

Name of Proponent: Olympic Air Pollution Control Authority (OAPCA), governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Amending OAPCA's Regulation 1, Sections 1.07 (definitions) and 8.03 to conform with changes to chapter 70.94 RCW under SHB 1354. May increase frequency of declarations of impaired air quality curtailments (burn bans) to protect public health.

Proposal Changes the Following Existing Rules: It will change the definition of "impaired air quality stage 1.".

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provisions of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141 (i) [(1)], RCW 34.05.328 does not apply to this adoption.

Hearing Location: Olympic Air Pollution Control Authority Office, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, on July 8, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Craig Weckesser by July 3, 1998, (360) 438-8768 ext. 111.

Submit Written Comments to: John Kelly, 909 Sleater Kinney Road #1, Lacey, FAX (360) 491-6308, by July 8, 1998.

Date of Intended Adoption: August 9, 1998.

May 14, 1998

Charles Peace

Executive Director