WSR 11-19-108

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[ Filed September 21, 2011, 10:21 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) Regulations, Regulation 6, Rule 6.2.3 No residential or land clearing burning is allowed in the following cities and/or urban growth areas (UGAs).

Hearing Location(s): Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on November 9, 2011, at 10:00 a.m.

Date of Intended Adoption: November 9, 2011.

Submit Written Comments to: Robert Moody, 2940 B Limited Lane N.W., Olympia, WA 98502, e-mail robert.moody@orcaa.org, fax (360) 539-7610, by November 4, 2011.

Assistance for Persons with Disabilities: Contact Dan Nelson by November 4, 2011, (360) 539-7610.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA proposes to add the Irondale/Port Hadlock Urban Growth Area to our Rule 6.2.3 which does not allow residential or land clearing burning in the listed locations.

Reasons Supporting Proposal: When the Irondale/Port Hadlock Urban Growth Area was established by Jefferson County in 2009, it became subject to WAC 173-425-040(2) which bans residential burning and land clearing burning in UGAs. Adding the Irondale/Port Hadlock UGA to ORCAA's Rule 6.2.3 does not change existing rules.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 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, Implementation and Enforcement: Robert Moody, 2940 B Limited Lane N.W., (360) 539-7610.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the Regulatory Fairness Act (chapter 19.85 RCW) because air pollution control authorities are not deemed state agencies (RCW 70.94.141).

A cost-benefit analysis is not required under RCW 34.05.328. Air pollution control authorities are not deemed to be state agencies (RCW 70.94.141).

September 21, 2011

Francea L. McNair

Executive Director

AMENDED SECTION


Rule 6.2.3 No residential or land clearing burning is allowed in the following cities and/or UGAs:


Clallam Grays Harbor Jefferson Mason Pacific Thurston
Carlsborg

Clallam Bay

Forks

Joyce

Port Angeles

Sekiu

Sequim

Aberdeen

Hoquiam

Port Townsend

Irondale/Port Hadlock

Allyn

Belfair

Shelton

Ilwaco

Long Beach

Raymond

Seaview

South Bend

Bucoda

Grand Mound

Lacey

Olympia

Rainier

Tenino

Tumwater

Yelm

Washington State Code Reviser's Office