WSR 08-13-088

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[ Filed June 17, 2008, 2:52 p.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 6.3 Asbestos and Rule 3.5 Asbestos Fees. The asbestos rule covers notification, procedures for emission control, and disposal for asbestos abatement and demolition projects. The permit fees for asbestos abatement and demolition are being increased.

Hearing Location(s): Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on August 13, 2008, at 10:00 a.m.

Date of Intended Adoption: August 13, 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 August 8, 2008.

Assistance for Persons with Disabilities: Contact Dan Nelson by August 4, 2008, (360) 586-1044.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The asbestos rules and associated fees have not changed since 1993. As a result cost recovery does not cover program expenditures. Significant changes to the rule include the elimination of the ten-day waiting period for owner-occupied residential asbestos abatement/demolition, dismissal of permit requirements for asbestos projects that are less than ten linear feet or eleven square feet, and requiring AHERA protocols for demolition surveys. Other changes include additional definitions and updated description of practices and procedures related to abatement and demolition. These changes will improve customer relations by allowing smaller jobs to be accomplished without a ten-day waiting period and will entirely eliminate the need for permits for the smallest jobs. Fees are increasing in most project categories.

Reasons Supporting Proposal: Fee revenue 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).

June 17, 2008

Richard A. Stedman

Executive Director

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 08-14 issue of the Register.

Washington State Code Reviser's Office