Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Amend: Regulation I, Sections 8.04 and 8.05; Rescind: Regulation I, Sections 8.01, 8.02, 8.03, and 8.06; and Adopt: Regulation I, Sections 8.09, 8.10, 8.11, and 8.12.

Purpose: To update our rule to be consistent with the Washington Department of Ecology rule and implement the requirements of WAC 173-425-040(5).

Other Identifying Information: Regulation I, Article 8 pertains to Outdoor Burning.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: These changes will make our rule consistent with the Washington Department of Ecology rule and implement the requirements of WAC 173-425-040(5).

Reasons Supporting Proposal: Our rule needs to be updated to be consistent with the recently adopted Washington Department of Ecology rule and to implement the requirements of WAC 173-425-040(5).

Name of Agency Personnel Responsible for Drafting: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4078.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal will update our rule to be consistent with the recently adopted Washington State Department of Ecology rule. It will also establish no-burn areas in each of our four counties in accordance with the requirements of WAC 173-425-040(5).

Proposal Changes the Following Existing Rules: It repeals our regulations, adopts the Washington Department of Ecology regulation by reference, and establishes no-burn areas in each of our four counties in accordance with the requirements of WAC 173-425-040(5).

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 provision of the Administrative Procedure Act.

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

Hearing Location: PSCAA Offices, 110 Union Street, #500, Seattle, WA 98101, on November 9, 2000, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by November 2, 2000, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by October 30, 2000.

Date of Intended Adoption: November 9, 2000.

October 3, 2000

James L. Nolan

Director - Compliance

REGULATION I SECTION 8.01 DEFINITIONS

REPEALER

REGULATION I SECTION 8.02 PROHIBITED OUTDOOR FIRES

REPEALER

REGULATION I SECTION 8.03 RESIDENTIAL AND LAND-CLEARING FIRES

AMENDATORY SECTION

REGULATION I ARTICLE 8 OUTDOOR ((FIRES)) BURNING

REGULATION I SECTION 8.04 GENERAL CONDITIONS FOR OUTDOOR ((FIRES)) BURNING

     (a) The provisions of Chapter 173-425 WAC (Outdoor Burning) are herein incorporated by reference. It shall be unlawful for any person to cause or allow any outdoor burning unless the burning is in compliance with Chapter 173-425 WAC.

     (((a))) (b) The provisions of Sections 9.05 and 9.15 of Regulation I shall not apply to outdoor ((fires)) burning.

     (((b))) (c) Nothing contained in Article 8 shall be construed to allow outdoor ((fires)) burning in those areas in which ((open)) outdoor burning is prohibited by laws, ordinances, or regulations of the state or any city, county, or fire district.

     (((c))) (d) Nothing contained in Article 8 shall relieve the applicant from obtaining permits required by any state or local fire protection agency or from compliance with the Uniform Fire Code.

AMENDATORY SECTION

REGULATION I SECTION 8.05 AGRICULTURAL BURNING

     (a) Applicability. This section applies to burning related to ((commercial)) agricultural operations. The definitions and requirements contained in Chapter 173-430 WAC also apply to this section.

     (b) General Requirements. Agricultural burning will be permitted if the following requirements are met:

     (1) The natural vegetation being burned is generated from the property of the commercial agricultural operation; and

     (2) Burning is necessary for crop propagation or rotation, disease or pest control; and

     (3) Burning is a best management practice as established by the Agricultural Burning Practices and Research Task Force (established in RCW 70.94.650 as referenced in WAC 173-430-050); or the burning practice is approved in writing by the Washington State Cooperative Extension Service or the Washington State Department of Agriculture; or the burning is conducted by a governmental entity with specific agricultural burning needs, such as irrigation districts, drainage districts, and weed control boards.

     (c) Permit Applications. Agricultural burning permits shall be approved by the Agency prior to burning. The permit application shall be submitted on forms provided by the Agency and shall include:

     (1) A copy of the applicant's most recent year's Schedule F (as filed with the Internal Revenue Service);

     (2) A written review by the local fire district or fire marshal indicating their endorsement that local requirements have been met; and

     (3) A non-refundable permit fee:

     (A) For burning up to 10 acres (or equivalent), the fee is $25.00, (base fee);

     (B) For burning over 10 acres, the fee is $25.00 plus $2.50 for each additional acre.

     (d) Permit Action and Content.

     (1) The Agency will act on a complete application within 7 days of receipt.

     (2) All agricultural burning permits shall contain conditions that are necessary to minimize emissions.

     (3) All permits shall expire 12 months from date of issuance.

     (e) Permit Denial. No permit shall be issued if the Agency determines that the proposed burning will cause a nuisance. All denials shall become final within 15 days unless the applicant petitions the Control Officer for reconsideration, stating the reasons for reconsideration. The Control Officer shall then consider the petition and shall within 30 days issue a permit or notify the applicant in writing of the reason(s) for denial. (For more information on the appeal process, see Section 3.17 of this regulation.)

REPEALER

REGULATION I SECTION 8.06 ALLOWABLE OUTDOOR FIRES

NEW SECTION

REGULATION I SECTION 8.09 DESCRIPTION OF THE KING COUNTY NO-BURN AREA

     As provided by WAC 173-425-040(5), residential burning and land-clearing burning are prohibited in the following areas of King County:

     (a) The King County Urban Growth Area; and

     (b) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).

NEW SECTION

REGULATION I SECTION 8.10 DESCRIPTION OF THE PIERCE COUNTY NO-BURN AREA

     As provided by WAC 173-425-040(5), residential burning and land-clearing burning are prohibited in the following areas of Pierce County:

     (a) The Pierce County Urban Growth Area; and

     (b) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).

NEW SECTION

REGULATION I SECTION 8.11 DESCRIPTION OF THE SNOHOMISH COUNTY NO-BURN AREA

     As provided by WAC 173-425-040(5), residential burning and land-clearing burning are prohibited in the following areas of Snohomish County:

     (a) The Snohomish County Urban Growth Area; and

     (b) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).

NEW SECTION

REGULATION I SECTION 8.12 DESCRIPTION OF THE KITSAP COUNTY NO-BURN AREA

     As provided by WAC 173-425-040(5), reasonable alternatives to burning exist in the areas described below and residential burning and land-clearing burning are prohibited in these areas.

     (a) The Kingston Urban Growth Area as shown in Figure 8-1;

     (b) The City of Bainbridge Island;

     (c) The Silverdale, Bremerton, Port Orchard area as follows and as shown in Figure 8-2:

     • Beginning at the intersection of Illahee Road and Burke Bay;

     • head west on Waaga Way East to N Central Valley Road;

     • continue west 0.5 mile;

     • head north approximately 2 miles to Island Lake;

     • head east to N Central Valley Road;

     • head north on N Central Valley Road to NE Anna Road;

     • head west on NE Anna Road to N Central;

     • head north on N Central to NW Mountain View Road;

     • head west on NW Mountain View Road to the Bangor Submarine Base;

     • head south and west along the perimeter of the Bangor Submarine Base to Nautilus Avenue;

     • head south on Nautilus Avenue to Olympic View Road NW;

     • head south on Olympic View Road NW to Anderson Hill Road;

     • head west on Anderson Hill Road to Willamette Meridian Road NW;

     • head south on Willamette Meridian Road to Roundup Lane NW;

     • head south along the line dividing Township 25 North, Range 1 West and Township 25 North, Range 1 East to the Wesley Harris Naval Reservation;

     • head east and south along the perimeter of the Wesley Harris Naval Reservation bisecting T25N, R1E, Section 31 to the Northern Pacific railroad tracks;

     • head south along the Northern Pacific Railroad tracks to Alexander Lake;

     • head west along the southwestern portion of the Bremerton city limits for approximately 13.5 miles to a point 0.2 mile east of the intersection of T23N, R1W, Sections 2, 3, 10, and 11;

     • head south to State Highway 3;

     • head southwest on State Highway 3 to the Mason County line;

     • head east to the line separating T23N, R1W, Sections 22 and 23;

     • head north to the intersection of T23N, R1W, Sections 14, 15, 22, and 23;

     • head east 1.33 miles;

     • head north to State Highway 3;

     • head west 0.42 mile;

     • head north to the Bremerton city limits;

     • head northeast along the Bremerton city limits for approximately 3.6 miles to the intersection of T24N, R1E, Sections 31 & 32 and T23N, R1E, Sections 5 & 6;

     • head east another 0.33 mile;

     • head south to the intersection of Feigley Road SW and SW Clifton Road;

     • head east along SW Clifton Road to McCormick Woods Drive SW;

     • head south along McCormick Woods Drive SW to the intersection of Killeen Place SW;

     • head southeast to Square Lake;

     • head north 0.1 mile;

     • head east 0.1 mile;

     • head south 0.1 mile;

     • head east 0.1 mile;

     • head north 0.25 mile;

     • head east 0.1 mile;

     • head north 0.5 mile;

     • head east to the intersection of T23N, R1E, Sections 9, 10, 15, and 16;

     • head north 1.25 miles;

     • head west to SW Clifton Road;

     • head northeast along SW Clifton Road to the Port Orchard city limits;

     • head east along the Port Orchard city limits and follow the city limits for approximately 2.4 miles to SE Sedgwick Road;

     • head west 0.66 mile;

     • head south 0.15 mile;

     • head east 0.5 mile;

     • head north to SE Sedgwick Road;

     • head east to State Highway 16;

     • head southeast along State Highway 16 to Bethel Road SE;

     • head 1.25 miles north along Bethel Road SE;

     • head east 0.15 mile;

     • head north to SE Sedgwick Road;

     • head east along SE Sedgwick Road to Lakeview Drive SE;

     • head north along Lakeview Drive SE to the line between T24N and T23N;

     • head west to the intersection of T24N, R2E Sections 31 & 32 and T23N, R2E Sections 5 & 6;

     • head north to the intersection of T 24 N, R2E, Sections 29, 30, 31, & 32;

     • head east along SE Mile Hill Drive to Bullman Road SE;

     • head north 0.5 mile along Bullman Rd SE;

     • head west along SE Horstman Road to Baby Doll Road SE;

     • head north along Baby Doll Road SE to E Collins Road;

     • head west to Sinclair Inlet; and

     (d) The Poulsbo area as follows and as shown in Figure 8-3:

     • Beginning at the intersection of NW Norfinn Lane and Liberty Bay;

     • head west to Viking Avenue NW;

     • head north to the Poulsbo city limits;

     • head west 0.25 mile;

     • head north to State Highway 3;

     • head west 0.25 mile;

     • head north to NW Rude Road;

     • head west 0.25 mile;

     • head north along Rhododendron Lane NW to NW Valhalla Loop;

     • head east 1.8 miles;

     • head south to State Highway 307;

     • head north on State Highway 307 to Big Valley Road NE;

     • head south along Little Valley Road NE to the line dividing T26N, R1E, Sections 11 and 14;

     • head east to the end of Gala Way NE;

     • head south along Noll Road NE and Tallagson Lane NE to NE Heron Pond Lane;

     • head west on NE Heron Pond Lane to Noll Road;

     • head south on Noll Rd NE to State Highway 305;

     • head northwest on State Highway 305 to the Poulsbo city limits;

     • head southwest to Liberty Bay.

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