CLEAN AIR AGENCY
[Filed July 14, 2021, 3:06 p.m.]
Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) Regulations: Rule 1.11 Federal Regulation Reference Date.
Hearing Location(s): On September 8, 2021, at 10:00 a.m., at Olympic Region Clean Air Agency, 2940 Limited Lane N.W., Olympia, WA 98502.
Date of Intended Adoption: September 8, 2021.
Submit Written Comments to: Mark Goodin, 2940 Limited Lane N.W., email firstname.lastname@example.org, fax 360-491-6308, by September 7, 2021.
Assistance for Persons with Disabilities: Contact Dan Nelson, phone 360-539-7610 ext. 111, fax 360-491-6308, email email@example.com, by September 1, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA proposes to update the effective date of the federal regulations that were previously adopted by the agency. Currently, where federal rules are referenced in agency regulations, the effective date of the federal regulations is July 1, 2020. The agency intends to update the effective date annually. This proposal would change the reference date to July 1, 2021.
Statutory Authority for Adoption: Chapter 70A.15
Statute Being Implemented: Chapter 70A.15
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: ORCAA, governmental.
Name of Agency Personnel Responsible for Drafting: Robert Moody, 2940 Limited Lane N.W., Olympia, 360-539-7610; Implementation and Enforcement: Francea L. McNair, 2940 Limited Lane N.W., Olympia, 360-539-7610.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
. RCW 34.05.328
applies to state government. It does not apply to local air agencies per RCW 70A.15.2040
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Explanation of exemptions: Chapter 19.85
RCW applies to "rules adopted by state agencies." RCW 70A.15.2040
(1) states "An air pollution control authority shall not be deemed to be a state agency." ORCAA is an air pollution control authority.
July 14, 2021
Francea L. McNair
RULE 1.11 FEDERAL REGULATION REFERENCE DATE
Whenever federal regulations are referenced in ORCAA's rules, the effective date shall be July 1, 202((0))1.