WSR 97-21-099

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY

[Order 97-39--Filed October 20, 1997, 1:33 p.m.]

Subject of Possible Rule Making: Chapter 173-425 WAC regarding open/outdoor burning.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.700 and [70.94.]755.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 173-425 WAC needs to be amended to make it consistent with chapter 70.94 RCW, which was changed by the legislature in 1995 and 1997 through ESHB 1080 and SHB 1726. The proposed rule making will also address other issues of clarity and consistency with chapter 70.94 RCW in accordance with Governor's Executive Order 97-02 on regulatory improvement.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Environmental Protection Agency has adopted a 1990 version of this rule in the Washington state implementation plan for air quality to satisfy requirements of the federal Clean Air Act, and the Washington State Department of Natural Resources regulates various types of outdoor burning on lands where the department has fire protection responsibility. Both agencies will be consulted in the rule-making process.

Process for Developing New Rule: Ecology plans to ask an advisory committee of people who can represent various stakeholder groups to identify issues and advise ecology on ways to address them. Other stakeholders will be encouraged to participate in this process by providing comments to ecology or the advisory committee.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can ask to be considered as a potential advisory committee member, and/or ask to be placed on a mailing list to receive notice of advisory committee meetings and public hearings and/or a copy of the final draft rule so they can comment on it if they choose. Such requests can be made by contacting Bruce Smith, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6889, FAX (360) 407-6802, e-mail brsm461@ecy.wa.gov.

October 17, 1997

Joseph R. Williams