WSR 18-13-112
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 18-08—Filed June 20, 2018, 9:19 a.m.]
Subject of Possible Rule Making: Chapter 173-430 WAC, Agricultural burning, this rule implements the agricultural burning program in Washington.
We are proposing to:
Revise the rule to address inadequacies raised in the Washington state auditor's office management letter dated October 24, 2016.
To avoid confusion, incorporate into this rule the existing agriculture [agricultural] burning fee schedule and permit fee distribution.
Make updates, technical clarifications, correct errors, and improve readability.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.94 RCW, RCW 70.94.6524, 70.94.6528.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: See subject of possible rule making.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Local clean air agencies implement chapter 173-430 WAC for the agriculture [agricultural] burning permit system in their jurisdiction. To see a list, visit: https://ecology.wa.gov/About-us/Our-role-in-the-community/Partnerships-committees/Clean-air-agencies.
Ecology or local clean air agencies can delegate agricultural burning permit program to conservation districts, counties, or fire protection agencies.
Ecology air quality program will notify these agencies to offer them opportunities to participate in the stakeholder meetings.
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter 34.05 RCW).
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Caroline (Ying) Sun, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 360-407-7528, people with speech disability may call TTY 877-833-6341, people with impaired hearing may call Washington relay service 711, email Caroline.Sun@ecy.wa.gov, web site https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC173-430, sign up to receive email notices http://listserv.ecology.wa.gov/scripts/wa-ECOLOGY.exe?A0=ECY-AQ-RULE-AND-SIP-UPDATES&X=OF7D460E8D17CE2B31F&Y=egui461%40ecy.wa.gov.
Additional comments: Interested parties can stay informed about the rule making and public involvement opportunities as described above. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.
June 20, 2018
Stuart A. Clark
Air Quality Program Manager