WSR 16-18-088
[Filed September 6, 2016, 2:18 p.m.]
Original Notice.
Proposal is exempt under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: Regulation 1: Article 1 Policy, Purpose and Applicability; Article 2 General Provisions; Article 3 Industrial Source Regulations; Article 4 General Standards for Particulate Matter; Article 6 Agricultural Burning; Article 7 Solid Fuel Burning Device; Article 8 Asbestos; Article 9 Source Registration; Article 10 Fees and Charges.
Hearing Location(s): Benton Clean Air Agency (BCAA), 526 South Steptoe Street, Kennewick, WA 99336, on January 26, 2017, at 5:00 p.m.
Date of Intended Adoption: January 26, 2017, or later.
Submit Written Comments to: Robin Priddy, 526 South Steptoe Street, Kennewick, WA 99336, e-mail, fax (509) 783-6562, by November 8, 2016.
Assistance for Persons with Disabilities: Contact 711 relay or contact Robin Priddy, above, by November 1, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The changes in Articles 1, 2, 3, 6, 7, and 9 were primarily administrative in nature, such as including sections of RCW/WAC in Regulation 1 to consolidate and align wording with RCW/WAC or renumbering subsections for consistency throughout Regulation 1. Article 4 was updated to require notification to BCAA of projects which destabilize soil in Benton County, improving our ability to contact responsible parties of dust emissions from these projects. Article 8, concerning asbestos, was overhauled to include more thorough asbestos surveying and notification requirements, more detailed requirements concerning hazardous asbestos containing materials, more detailed work requirements for alternative means of compliance, and new regulations concerning disposal of asbestos containing materials. Articles 2 and 10 was [were] amended to remove the fee schedules for registered sources from Regulation 1 and refer to a fee schedule adopted by board resolution.
Reasons Supporting Proposal: Primarily, these changes are administrative and are proposed to make our regulation more consistent. The changes to Article 4 are proposed to ensure timely responses to dust complaints and insure we are contacting the correct parties. The changes to Article 8 will bring us into line with other regulatory agencies throughout the site and reduce conflict between our regulation and the regulations of the Washington department of labor and industries. Finally, the changes to Article 10 will prevent BCAA from needing to amend Regulation 1 for periodic changes to fees that can be approved via board resolution.
Statutory Authority for Adoption: RCW 70.94.141, 70.94.380(2).
Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et. seq., 42 U.S.C. 7412.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: BCAA, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Robin Priddy, 526 South Steptoe Street, Kennewick, 99336, (509) 783-1304.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local clean air agency rule and as such, chapter 19.85 RCW does not apply.
A cost-benefit analysis is not required under RCW 34.05.328. This is a local agency rule and pursuant to RCW 70.94.141(1). RCW 34.05.328 does not apply to this rule.
September 6, 2016
Robin Priddy
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 16-20 issue of the Register.