WSR 08-05-127

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[ Filed February 20, 2008, 10:28 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency Regulations, Rule 3.4 Outdoor Burning Permit Fees. This rule set the fee charged for land clearing burn permits issued by the agency.

Hearing Location(s): Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on April 9, 2008, at 10:00 a.m.

Date of Intended Adoption: April 9, 2008.

Submit Written Comments to: Robert Moody, 2940 B Limited Lane N.W., Olympia, WA 98502, e-mail robert@orcaa.org, fax (360) 586-1044, by April 6, 2008.

Assistance for Persons with Disabilities: Contact Dan Nelson by April 2, 2008, (360) 586-1044.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The land clearing burn permit fee is being increased from $75.00 per acre cleared to $100.00 per acre cleared. The fee increase is necessary to better fund the permit program and complaint response.

Reasons Supporting Proposal: Revenue generated through fees has not covered the program expenses.

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: Olympic Region Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Moody, 2940 B Limited Lane N.W., (360) 586-1044.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the Regulatory Fairness Act (chapter 19.85 RCW) because air pollution control authorities are not deemed state agencies (RCW 70.94.141).

A cost-benefit analysis is not required under RCW 34.05.328. Air pollution control authorities are not deemed to be state agencies (RCW 70.94.141).

February 20, 2008

Richard A. Stedman

Executive Director

AMENDATORY SECTION

RULE 3.4 OUTDOOR BURNING PERMIT FEES


Agricultural Burn permit: For 10 acres (or equivalent) or less the fee is twenty-five dollars ($25.00). For greater than 10 acres (or equivalent) the fee will be two dollars and fifty cents ($2.50) per acre.

Land Clearing Burn Permit: Land clearing burning permits issued by ORCAA will be charged (($75.00)) $100.00 for one acre or less. For greater than one acre the fee will be (($75.00)) $100.00 per acre cleared, rounded to the nearest full acre.

Washington State Code Reviser's Office