PROPOSED RULES
POLLUTION CONTROL AUTHORITY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: SCAPCA Regulation I, Article VI, Section 6.01.D.5.
Purpose: To postpone the expiration of the open burning program for certain areas in Spokane County beyond the current deadline of December 31, 2000.
Statutory Authority for Adoption: RCW 70.94.141, 70.94.380(2), chapter 173-425 WAC.
Statute Being Implemented: RCW 70.94.755, 70.94.775 - 70.94.780, chapter 173-425 WAC.
Summary: The regulation amendment postpones the burn ban from December 31, 2000, to April 30, 2001.
Reasons Supporting Proposal: A postponement of the burn ban allows SCAPCA additional time to consider more comprehensive amendments to its outdoor burning regulation and then to inform the public about the amendments.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Matt Holmquist, 1101 West College, #403, Spokane, WA 99201, (509) 477-4727.
Name of Proponent: Spokane County Air Pollution Control Authority, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Spokane County Air Pollution Control Authority (SCAPCA) is in the process of amending Article VI, Section 6.01 in response to the amendments made to chapter 173-425 WAC. On November 2, 2000, SCAPCA's board of directors instructed staff to draft a regulation, that among other things, allows for one more seven day spring yard and garden debris burn season in 2001. In the interest of having a rule adopted that postpones the ban on outdoor burning from December 31, 2000, to April 30, 2001, SCAPCA Regulation I, Article VI, Section 6.01.D.5 is being amended and filed in an expeditious manner. More comprehensive revisions to Article VI, Section 6.01, will occur in the future.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The regulation postpones the ban on outdoor or open burning from December 31, 2000, to April 30, 2001, for certain urban growth areas in Spokane County. The regulation provides SCAPCA an opportunity to conduct a seven day spring yard and garden debris burn season in 2001 within urban growth areas for incorporated cities having a population of less than five thousand people that are neither within nor contiguous with any nonattainment area and/or former nonattainment area.
Proposal Changes the Following Existing Rules: Under current rules, open burning is banned in all urban growth areas of Spokane County as of December 31, 2000. The regulation postpones the ban on outdoor burning from December 31, 2000, to April 30, 2001.
No small business economic impact statement has been prepared under chapter 19.85 RCW. SCAPCA is not required under chapter 19.85 RCW to file small business economic impact statements.
RCW 34.05.328 does not apply to this rule adoption. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.
Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on February 1, 2001, at 9:00 a.m.
Submit Written Comments to: Matt Holmquist, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, fax (509) 477-6828, by January 23, 2001.
Date of Intended Adoption: February 1, 2001.
December 11, 2000
Matt Holmquist
Compliance Administrator
ARTICLE VI
AMENDATORY SECTION
SECTION 6.01 OPEN BURNING
D. Prohibitions. Except as provided in Section 6.01.E., no
person shall practice or permit the practice of open burning in
any of the following circumstances and locations:
1. Within the No-Burn Area, as defined by resolution of the Board of Directors of the Authority.
2. Within any part of a nonattainment area that is not within an open burning phase-out area.
3. After November 1, 1994, in any area where no permit program is being administered by a permitting authority.
4. Within any open burning phase-out area after the final phase-out date as approved by the Department of Ecology.
5. After December 31, 2000, within any urban growth area
having a population of 5,000 or more people, or within any
incorporated city or town ((with)) having a population of 10,000
or more people, or within any urban growth area contiguous with a
nonattainment area. After April 30, 2001, within any urban
growth area.
6. Outside the period designated by the Authority or permitting authority for burning yard and garden debris.
7. When the materials to be burned include any prohibited materials.
8. During an episode or impaired air quality as declared by the Department of Ecology or the Authority for a defined geographical area.
9. When the fire is larger than a small fire, unless a valid written permit has been issued by a permitting authority.
10. In or within 500 feet of forest slash, unless a written permit has been issued by the permitting authority.
11. When burning is for commercial purposes, other than silvicultural burning, agricultural burning, or burning of land clearing debris.
12. Where the Authority, Department of Ecology, or permitting authority has determined that reasonable alternatives are available.
13. When burning causes a nuisance, or the Authority or permitting authority determines that the creation of a nuisance is the likely result of burning.