PROPOSED RULES
POLLUTION CONTROL AUTHORITY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: (1) SCAPCA Regulation I, Article VI, Section 6.01; (2) SCAPCA Regulation I, Article X, Section 10.09; (3) SCAPCA Regulation I, Article X, Section 10.13; and (4) amend No Burn Area boundary in Spokane County.
Purpose: 1. Amend outdoor burning regulations to reflect changes in state regulations.
2. Amend asbestos fees to provide a fee waiver for Fire Protection Districts conducting Structural Fire Training exercises.
3. Establish fees for certain types of outdoor burning provided for in state regulations.
4. Expand the No Burn Area Boundary in Spokane County, to ban burning of yard waste where reasonable alternatives to burning exist.
Statutory Authority for Adoption: RCW 70.94.141, 70.94.380(2), 70.94.755, chapter 173-425 WAC.
Statute Being Implemented: RCW 70.94.141, 70.94.743, 70.94.755-70.94.780, chapter 173-425 WAC.
Summary: 1. The amended regulation reflects changes in state regulations.
2. The amended regulation allows the asbestos fees to be waived for Fire Protection Districts demolishing a building for Structural Fire Training exercises if an AHERA Building Inspector conducts a survey to determine the presence of asbestos containing material.
3. The new section added to the fee regulation establishes fees for some types of outdoor burning that require issuance of an outdoor burning permit.
4. The resolution defines the proposed expanded No Burn Area within Spokane County and bans residential yard and garden debris burning in areas where reasonable alternatives to burning are available.
Reasons Supporting Proposal: SCAPCA's Regulation I and No Burn Area boundary is being revised to meet the mandates in chapter 173-425 WAC, amended April 2000.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Crystal Alford, 1101 West College, Room 403, Spokane, WA 99201, (509) 477-4727.
Name of Proponent: Spokane County Air Pollution Control Authority, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: (1) The regulation is being amended to reflect recent changes in state outdoor burning regulations.
(2) The asbestos fee regulation is being amended to waive required asbestos project fees for Fire Protection Districts performing Structural Fire Training exercises, in accordance with RCW 52.12.150(6), if a certified AHERA Building Inspector performs the asbestos survey.
(3) The new section of the fee regulation establishes a fee program to recover costs associated with administering and enforcing a permit program as provided for in WAC 173-425-060(3).
(4) Burning yard and garden wastes would be further restricted, due to expansion of the No Burn Area boundary, due to the availability of nonburning disposal alternatives.
Proposal Changes the Following Existing Rules: 1. SCAPCA outdoor burning regulations will be at least as stringent as state outdoor burning regulations. In addition, SCAPCA regulations will define exceptions where outdoor burning will be allowed, and whether an outdoor burning permit will be required for the excepted type of burning.
2. Allows Fire Protection Districts to demolish a structure, as part of structural fire training activities, without paying asbestos project fees, if a certified AHERA Building Inspector performs the asbestos survey, prior to demolition.
3. Program costs are not currently recovered for administering and enforcing outdoor burning permit programs.
4. The No Burn Area will be expanded to restrict outdoor burning of yard and garden wastes in areas where reasonable alternatives to burning exist.
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, 1026 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on December 6, 2001, at 8:30 a.m.
Submit Written Comments to: Crystal Alford, Spokane County Air Pollution Control Authority, 1101 West College, Room 403, Spokane, WA 99201, fax (509) 477-6828, by November 26, 2001, by 4:30 p.m.
Date of Intended Adoption: December 6, 2001.
September 28, 2001
Crystal Alford
Air Quality Specialist
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 01-21 issue of the Register.