Public Hearings & Notices

Dec. 22, 2009

New Public Comment Period and Public Hearing Scheduled
for Proposed Odor Nuisance Rule - SRCAA Regulation I, Article VI, Section 6.04 - Odors and Nuisances

After a Public Hearing on December 3, the Board of Directors of the Spokane Regional Clean Air Agency (Spokane Clean Air) asked staff to clarify some aspects of the proposed regulation. Spokane Clean Air is republishing the notice with changes as requested by the Board and is starting a new Public Comment Period now through January 22, 2010.

Below are highlights of the latest proposed changes, the closing date of the comment period and the new hearing date.  Click here for a full text of the proposed changes to the regulation.

Proposed Revisions Highlights
Adopts by reference RCW 70.94-640 ( Relates to agricultural practices that are exempt from the rule.)

Enforcement Process - Spokane Clean Air may take enforcement action if it documents the following:

• An authorized Agency staff person detects an odor level greater than or equal to 2 per the following scale;
  Level 0 – no odor detected
  Level 1 – odor barely detected
  Level 2 – odor is distinct and definite, any unpleasant characteristics recognizable
  Level 3 – odor is objectionable enough or strong enough to cause attempts at avoidance Level 4 – odor is so strong that a person does not want to remain present
  
  
• A complainant signs an affidavit stating that they have experienced air contaminant emissions in sufficient quantities and of such characteristics and duration so as to unreasonably interfere with their enjoyment of life and property; and
  
  
• The odor source:
  A description of what the affidavit should contain was added.
  A new subsection was added that clarifies how the Agency will make determination as to whether or not a violation of the regulation has occurred.
  A person/facility must satisfy the Agency that it is employing controls and operating practices to the greatest degree practicable, before the Agency may decline to pursue formal enforcement action.
  The Agency will document decision-making criteria used above.  The Agency will make the non-confidential documentation concerning determinations available to any person making a public records request to the Agency, including, but not limited to complaining parties.
  

Public Comments Requested
You may obtain a copy of the proposed revisions on our website, click here or request one by telephone at (509) 477-4727.

Spokane Clean Air is requesting written comments on the proposed revisions through January 22, 2010. Please send your written comments to cstuder@spokanecleanair.org or SRCAA, Attn: Charles E. Studer, 3104 E. Augusta Ave., Spokane, WA 99207.

Next Steps
Unless otherwise publicized, a Public Hearing on the proposal has been scheduled for March 4, 2010 at 9 a.m., at Spokane Clean Air's office, 3104 E. Augusta Ave., Spokane, Washington, 99207. Following the public hearing, after comments are considered, SRCAA’s Board of Directors may make a decision concerning the proposal.