WSR 10-24-012




[ Filed November 18, 2010, 2:18 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 (ORCAA) regulations, amendments to Rule 1.4 Definitions and Rule 6.2 Outdoor Burning.

Hearing Location(s): Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on February 9, 2011, at 10:00 a.m.

Date of Intended Adoption: February 9, 2011.

Submit Written Comments to: Robert Moody, 2940 B Limited Lane N.W., Olympia, WA 98502, e-mail, fax (360) 539-7610, by February 4, 2011.

Assistance for Persons with Disabilities: Contact Dan Nelson by February 4, 2011, (360) 539-7610.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The focus of this proposal is to align ORCAA's Rule 6.2 Outdoor Burning with chapter 173-425 WAC. Language was simplified and clarified throughout this revision. The following definitions were deleted from Rule 1.4: "Open Fire," "Outdoor Burning," "Recreational Fire," "Silvicultural Burning" and "Urban Growth Area." Definitions from WAC 173-425-030 and the words "Burn Ban" and "Extinguish" were placed in Rule 6.2.2 Definitions. Changes from the existing rule and not specified in chapter 173-425 WAC include Rules 6.2.3, 6.2.4, and 6.2.8. Rule 6.2.3 included the entire city of Hoquiam as an area where residential and land clearing burning are not permitted. Under current regulations (WAC) a portion of the city is regulated as a high density area where burning is not allowed. The same rule does not apply to the remaining portion of the city. To simplify education and enforcement issues, the city of Hoquiam requested they be listed as a no-burn area. Rule 6.2.4 was added to provide enforcement ability for the Thurston County residential outdoor burning permit program. Residential fires ignited in Thurston County during the summer burn ban would be illegal under this rule and subject to enforcement. Rule 6.2.8 was added to clarify the basis for denial or revocation of a burn permit issued by ORCAA.

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: ORCAA, 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).

November 18, 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 11-01 issue of the Register.

Washington State Code Reviser's Office