WSR 10-04-087




[ Filed February 2, 2010, 11:53 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, amendments to Rule 1.4 Definitions, creation of Rule 1.10 Service of Notice, deletion of Rule 2.2 Service of Notice, amendment to Rule 6.1.2 Application Processing, deletion of Rule 7.7 Emission and Operation of Waste Wood Burners, and amendments to Rule 8.1 Residential Wood Heating.

Hearing Location(s): Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on April 14, 2010, at 10:00 a.m.

Date of Intended Adoption: April 14, 2010.

Submit Written Comments to: Robert Moody, 2940 B Limited Lane N.W., Olympia, WA 98502, e-mail, fax (360) 539-7610, by April 2, 2010.

Assistance for Persons with Disabilities: Contact Dan Nelson by April 2, 2010, (360) 539-7610.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: There are three areas of changes proposed: Changes to align regulations with changes to the RCW; changes deemed important for enforcement of existing rules; and removal of unused definitions and rules. A discussion of the changes by each rule follows: Rule 1.4 The definition of "owner" is expanded to include all of the potential parties. Definitions that are not used throughout ORCAA regulations will be deleted. Rule 2.2 is being moved to Rule 1.10. The reference to Rule 2.2 in Rule 6.1.2 is being removed. Rule 7.7 is less stringent than current state rule (WAC 173-400-070) and is deemed no longer necessary. Rule 8.1 required several changes to be consistent with current state law (chapter 70.94 RCW).

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) 539-7610.

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 2, 2010

Francea L. McNair

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 10-06 issue of the Register.

Washington State Code Reviser's Office