H-1398.2                  _______________________________________________

                                                      HOUSE BILL 2051

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives Rust, Valle and R. Fisher

Read first time 02/24/93.  Referred to Committee on Environmental Affairs.

Authorizing the department of ecology to adopt and revise a state plan for air quality.

          AN ACT Relating to air quality; and adding a new section to chapter 70.94 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 70.94 RCW to read as follows:

          (1) The department is authorized to adopt and revise a state implementation plan to ensure attainment and maintenance of national ambient air quality standards throughout the state and to prevent significant deterioration of air quality.  The department shall submit plan elements to the federal environmental protection agency in accordance with federal requirements.

          (2) Except as provided in subsection (5) of this section, the department shall publish notice in the Washington State Register of the following:

          (a) Receipt of any call from the federal environmental protection agency for:  (i) The revision of a nonattainment area plan, (ii) designation of a new nonattainment area, (iii) revision of the boundaries of a nonattainment area, or (iv) the reclassification of a nonattainment area;

          (b) Every public hearing on a proposed revision to the state implementation plan, such notice to be published at least twenty days before the date of the hearing;

          (c) Every submittal to the environmental protection agency of a revision to the state implementation plan;

          (d) Any proposal by the department to recommend to the environmental protection agency establishment or revision of the boundaries of a nonattainment area or the reclassification of a nonattainment area.

          (3) The department shall involve and consult with the regulated community, local air pollution control authorities, environmental groups, and the public in the development and revision of state implementation plan elements that:

          (a) Establish or amend emission control requirements;

          (b) Establish enforceable requirements that impose costs on more than one regulated entity;

          (c) Designate, classify, or revise nonattainment area boundaries; or

          (d) Affect air quality.

          (4) The department shall maintain the state implementation plan and provide for public access to all adopted and proposed elements of the plan and all documents submitted to the federal environmental protection agency in support of the plan.

          (5) The department shall not be required to meet the public notice and involvement requirements of subsections (2) and (3) of this section for routine administrative and technical changes to the state implementation plan.  For the purposes of this section, "routine administrative and technical changes" includes but is not limited to emission inventory updates, changes in monitoring sites, or other changes that do not result in new costs to the regulated community or affect air quality.

          (6) The requirements of subsections (2) and (3) of this section shall not affect any plan or plan element submitted to the federal environmental protection agency before July 1, 1993.

                                                           --- END ---