WSR 17-08-024

PERMANENT RULES

[Filed March 28, 2017, 11:06 a.m., effective April 28, 2017]

Effective Date of Rule: Thirty-one days after filing.

Purpose: 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 the Benton Clean Air Agency (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 were amended to remove the fee schedules for registered sources from Regulation 1 and refer to a fee schedule adopted by board resolution.

Citation of Existing Rules Affected by this Order: Amending Sections 1.01, 3.02, 4.01, 4.02, 6.01, 6.02, 7.01, 7.02, 8.01, 8.02, 8.03, 8.04, 8.05, 8.06, 8.07, 9.01, 10.05, 10.06, 10.07, 10.08, and 10.09.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 16-18-088 on September 6, 2016.

Changes Other than Editing from Proposed to Adopted Version: Adopted as submitted: Adopted changes to Articles 1, 2, 3, 4, 6, 7, 9, and 10 as submitted to the register.

Changes made for clarification: Minor changes to provide clarification were made to Sections 8.01, 8.02, 8.03, 8.04, 8.05, and 8.08 after review of comments received during the public comment period. The comments generally asked for clarification of the intent of changes to Article 8 and/or the necessity of changes to Article 8. BCAA reviewed the comments and made changes for clarification where it was appropriate. BCAA then responded to the author of the comments directly.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 23, 2017.

Robin Priddy

Director/Control Officer