WSR 07-04-054



[ Order 06-14 -- Filed January 31, 2007, 4:13 p.m. ]

Continuance of WSR 06-23-076.

Preproposal statement of inquiry was filed as WSR 06-20-126.

Title of Rule and Other Identifying Information: This proposal will consolidate air quality program fees into a new chapter, chapter 173-455 WAC, Air quality fee rule, as well as add two new fees. The two new fees will be for air pollution standards variance and portable/temporary source permits. Ecology is proposing to move fee sections, without change, from chapter 173-400 WAC, General regulations for air pollution sources; chapter 173-407 WAC, Carbon dioxide mitigation program for fossil-fueled thermal electric generating facilities; chapter 173-433 WAC, Solid fuel burning devices; chapter 173-491 WAC, Emission standards and controls for sources emitting gasoline vapors; and chapter 173-495 WAC, Weather modification.

Hearing Location(s): Department of Ecology, Eastern Regional Office, 2nd Floor Large Conference Room, 4601 North Monroe Street, Spokane, WA 99205, on March 13, 2007, at 2:00 p.m.

Date of Intended Adoption: April 20, 2007.

Submit Written Comments to: Leigh Fielder, P.O. Box 47600, Olympia, WA 98504-7600, e-mail, fax (360) 407-7534, received by 5:00 p.m., March 20, 2007.

Assistance for Persons with Disabilities: Contact Tami Dahlgren at (360) 407-6800, by March 6, 2007, TTY 1-800-833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ecology is filing this CR-102 to announce that the hearing on January 8 was cancelled. Ecology is announcing a new public hearing, comment period, and intended adoption date.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

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

Name of Proponent: Department of ecology, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Leigh Fielder, Department of Ecology, (360) 407-7530; and Enforcement: Sarah Rees, Department of Ecology, (360) 407-6823.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule meets the exemptions "rules that set or adjust fees or rates pursuant to legislative standards," pursuant to chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328. This rule meets the exemption "rules that set or adjust fees or rates pursuant to legislative standards," pursuant to RCW 34.05.328 (5)(b)(vi).

January 31, 2007

Polly Zehm

Deputy Director

Washington State Code Reviser's Office