WSR 98-10-090
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 98-09--Filed May 6, 1998, 9:05 a.m.]
Subject of Possible Rule Making: Revisions to chapter 173-415 WAC, Primary aluminum plants and chapter 173-481 WAC, Ambient air quality and environmental standards for fluorides. Revisions to existing rules to incorporate new federal standards, determine reasonably available control technology (RACT) and examine whether smelters need to continue ambient monitoring for fluoride emissions.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.154 requires that all sources of air pollution employ reasonably available control technology. Federal maximum achievable control technology standards, codified in 40 CFR Part 63, Subpart LL, or their equivalent, also need to be incorporated into state rules.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology must adopt the new federal standards for hazardous air pollutants (or their equivalent). Determining control technology for other (criteria) pollutants, and updating monitoring requirements at the same time will result in the least burdensome and most consistent set of requirements for smelters. Updating rules on this subject will also assure that environmental impacts from smelters are minimized.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Environmental Protection Agency has determined the maximum achievable control technology for emissions of hazardous air pollutants from aluminum smelters. Once ecology has adopted these regulations into state rules, EPA will delegate the authority to implement the federal standard to ecology.
Process for Developing New Rule: This rule making will proceed with advice from an advisory committee of interested stakeholders. If there is sufficient public interest, public meetings to explain the revisions to the rules will be held. In any case, one or more public hearings will be held. Since the substantive requirements are already established by existing state and/or federal regulation, and the purpose of this rule making is to coordinate the two, "negotiated rule making" is not appropriate.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties should contact Carol Piening to determine their level of involvement. Address: Washington State Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6858, FAX (360) 407-6802, e-mail cpie461@ecy.wa.gov.
May 4, 1998
Joseph R. Williams
Program Manager