WSR 05-16-072




[ Filed August 1, 2005, 9:31 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Amend Regulation I, Section 13.02 (General Conditions for Solid Fuel Burning Devices).

Hearing Location(s): Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on September 22, 2005, at 9:15 a.m.

Date of Intended Adoption: September 22, 2005.

Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, e-mail, fax (206) 343-7522, by September 21, 2005.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by September 15, 2005, TTY (800) 833-6388 or (800) 833-6385 (Braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To reflect new state definitions of impaired air quality adopted by the legislature (effective July 24, 2005). The previous definitions were based on ambient concentrations of PM10; the new definitions are based on concentrations of PM2.5. Using the new definitions will allow the agency to impose indoor burning restrictions earlier in the build-up of pollution, thus decreasing the contribution from these sources to an air pollution episode.

Reasons Supporting Proposal: The earlier imposition of restrictions should decrease the maximum concentration of ambient PM2.5 during an air pollution episode from what it would have reached had such restrictions been imposed later.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting: Amy Fowler, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4017; Implementation and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

July 29, 2005

Amy L. Fowler

Air Resource Specialist



In addition to the provisions of this regulation, the Agency adopts by reference and enforces the following provisions for solid fuel burning devices established by the Washington State Department of Ecology:

WAC 173-433-030 Definitions. (effective 4/20/91)
WAC 173-433-110 Opacity standards. (effective 3/6/93)
WAC 173-433-120 Prohibited fuel types. (effective 4/20/91)
WAC 173-433-130 General emission standards. (effective 4/20/91)
WAC 173-433-140 (1)(b), (2), (3), and (4) Impaired air quality criteria. (effective 4/20/91) (First Stage of Impaired Air Quality has the meaning contained in RCW 70.94.473 (1)(b); Second Stage of Impaired Air Quality has the meaning contained in RCW 70.94.473 (1)(c))
WAC 173-433-150 Curtailment. (effective 4/20/91)

Washington State Code Reviser's Office