WSR 12-04-021




[ Filed January 25, 2012, 12:20 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, Rule 1.4 Definitions, Rule 3.1 Annual Registration Fees, and Rule 4.4 Classification of Sources Required to Register with Agency.

Hearing Location(s): ORCAA, 2940 B Limited Lane N.W., Olympia, WA 98502, on April 11, 2012, at 10:00 a.m.

Date of Intended Adoption: April 11, 2012.

Submit Written Comments to: Robert Moody, 2940 B Limited Lane N.W., Olympia, WA 98502, e-mail, fax (360) 491-6308, by April 10, 2012.

Assistance for Persons with Disabilities: Contact Dan Nelson by April 4, 2012, (360) 539-7610.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will better align the revenue generated through the registration program with the expenses. Historically, the program has operated at a significant deficit. The proposed increase in fees will provide revenue for approximately eighty-five percent of the program expenses. Substantial changes were made to the form and content of Rule 3.1 Annual Registration Fees. Specific changes to the registration fee schedule include: Reducing the number of registration class categories from fifteen to five; increasing the emissions fee from $20.00 per ton to $50.00 per ton; requiring carbon monoxide emissions be included when calculating fees; and, adding a flat rate fee for inspections above the established inspection frequency. Changes made in ORCAA Rule 1.4 Definitions are minimal. Three definitions, "fee eligible generating equipment," "fee eligible stack," and "generating equipment" were deleted, as they are no longer used within ORCAA's rules. Changes made in ORCAA Rule 4.4 Classification of Sources Required to Register with Agency involved the description of the registration class categories. Those sources with a synthetic minor order were placed into Registration Class 1 (RC1). The criteria from the existing RC3 and RC4 were retained, though they were renumbered as RC2 and RC3, respectively. The smaller sources were condensed into RC4 and RC5.

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 agency (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).

January 25, 2012

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 12-05 issue of the Register.

Washington State Code Reviser's Office