WSR 10-19-122




[ Filed September 21, 2010, 5:00 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Amend Regulation I, Section 8.05 (Agricultural Burning Permits).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on October 28, 2010, at 8:45 a.m.

Date of Intended Adoption: October 28, 2010.

Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, #105, Seattle, WA 98101, e-mail, fax (206) 343-7522, by October 27, 2010.

Assistance for Persons with Disabilities: Contact agency

receptionist, (206) 689-4010, by October 21, 2010, TTY (800) 833-6388 or (800) 833-6385 (braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update the agency's agricultural burning permit fee structure. There is also a minor housekeeping change that covers a statutory reference update.

Reasons Supporting Proposal: To be consistent with the statewide requirements specified in chapter 173-430 WAC.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

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

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting: Rose Busterna, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4021; Implementation and Enforcement: Laurie Halvorson, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4030.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

September 21, 2010

Craig Kenworthy

Executive Director



(a) Applicability. This section applies to burning permits related to agricultural operations. The definitions and requirements contained in chapter 173-430 WAC also apply to this section; provided that if there is a conflict between this section and chapter 173-430 WAC, this section governs.

(b) General Requirements. Agricultural burning will be permitted if the following requirements are met:

(1) The natural vegetation being burned is generated from the property of the commercial agricultural operation; and

(2) Burning is necessary for crop propagation or rotation, disease or pest control; and

(3) Burning is a best management practice as established by the Agricultural Burning Practices and Research Task Force (established in ((RCW 70.94.650)) RCW 70.94.6528 as referenced in ((WAC 173-430-050)) chapter 173-430 WAC); or the burning practice is approved in writing by the Washington State Cooperative Extension Service or the Washington State Department of Agriculture; or the burning is conducted by a governmental entity with specific agricultural burning needs, such as irrigation districts, drainage districts, and weed control boards; and ((.))

(4) The proposed burning will not cause a violation of any Agency regulation.

(c) Permit Applications. Agricultural burning permits shall be approved by the Agency prior to burning.

(1) The permit application shall be submitted on forms provided by the Agency and shall include:

(((1))) (A) A copy of the applicant's most recent year's Schedule F (as filed with the Internal Revenue Service);

(((2))) (B) A written review by the local fire district or fire marshal indicating their endorsement that local requirements have been met; and

(((3))) (C) A ((non-refundable)) permit fee as required below:

(((A) For burning up to 10 acres (or equivalent), the fee is $25.00 ($12.50 for local administration and $12.50 for the research fund);

(B) For burning over 10 acres, the fee is $2.25 per acre ($1.25 for local administration, $.50 for the research fund, and $.50 for Ecology administration).))

Burn Type Minimal Fee Variable Fee
(A) Field Burning

of vegetative residue on an area of land used in an agricultural operation.

(does not include pile burning)

$30 for the first 10 acres.

($15 each for the Agency and Ecology administration.)

$3 for each additional acre.

($1.25 each per acre for the Agency and Ecology administration, and $.50 per acre for the research fund.)

(B) Spot Burning

of an unforeseen and unpredicted small area where burning is reasonably necessary and no practical alternative to burning exists.

$30 for 10 acres or less.

($15 each for the Agency and Ecology administration.)

(C) Pile Burning

of stacked vegetative residue from an agricultural operation.

$80 for the first 100 tons.

($16 each for the Agency administration and the research fund, and $48 for Ecology administration.)

$.50 for each additional ton.

($.10 each per ton for the Agency administration and the research fund, and $.30 per ton for Ecology administration.)

(2) Any refunds of the variable fee portion of a permit fee are issued in accordance with chapter 173-430 WAC.

(d) Permit Action and Content.

(1) The Agency will act on a complete application within 7 days of receipt.

(2) All agricultural burning permits shall contain conditions that are necessary to minimize emissions.

(3) All permits shall expire 12 months from date of issuance.

(e) Permit Denial. ((No permit shall be issued if the Agency determines that the proposed burning will cause a nuisance.)) All denials shall become final within 15 days unless the applicant petitions the Control Officer for reconsideration, stating the reasons for reconsideration. The Control Officer shall then consider the petition and shall within 30 days issue a permit or notify the applicant in writing of the reason(s) for denial. (For more information on the appeal process, see Section 3.17 of this regulation.)

Washington State Code Reviser's Office