WSR 06-11-113




[ Filed May 18, 2006, 2:13 p.m. ]

     Continuance of WSR 06-09-059.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: Spokane County air pollution control authority (SCAPCA) Regulation I; Revise Regulation I, Article II, Section 2.12 - Restraining Orders -- Injunctions; Revise Regulation I, Article II, Section 2.13 - Federal Regulation Reference Date; and add Section 2.24 - Washington Administrative Codes (WACs).

     Hearing Location(s): Spokane County Public Works Building, 1206 West Broadway, Hearing Room, Lower Level, Spokane, WA 99201, on July 6, 2006, at 9:30 a.m.

     Date of Intended Adoption: July 6, 2006.

     Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, e-mail, fax (509) 459-6828, by 4:30 p.m., Thursday, May 20, 2006.

     Assistance for Persons with Disabilities: Contact Charles Studer by 4:30 p.m., Friday, June 30, 2006, (509) 4727 [477-4727] ext. 107.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The hearing date has been changed from July 7, 2006, at 9:00 a.m. to July 6, 2006, at 9:30 a.m. The hearing will be held during SCAPCA's regularly scheduled board meeting.

     The topics to be covered are listed below:

Revise Section 2.12 by adding the title "Restraining Orders - Injunctions" to clarify the purpose of the section.
Revise Section 2.13 by changing the federal rules and regulations effective date to July 1, 2006, from March 4, 2004, for those federal rules and regulations that SCAPCA implements and enforces. These rules and regulations are listed in SCAPCA Regulation 1, Article IV, "Exhibit R items #7, #8.a., and #8.b.".
Added Section 2.14, this section was added [to] clarify which Washington state WACs that SCAPCA implements and enforces and which sections of the Washington state WACs that SCAPCA does not implement and enforce.
     Anticipated effects:

Section 2.12, clarification of what the section addresses.
Section 2.13, allows SCAPCA engineering and compliance staff to reference the latest revisions of existing or new federal rules and regulations.
Section 2.14, clarifies what sections of the WACs that SCAPCA implements and enforces and those sections that it does not.

     Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.

     Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.

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

     Name of Proponent: Spokane County air pollution control authority, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: SCAPCA, 1101 West College, #403, Spokane, WA 99201, (509) 477-4727.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule. Chapter 19.85 RCW does not apply to local air pollution control authority rule development/amendments.

     A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule amendment.

May 16, 2006

Charles E. Studer

Environmental Engineer

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