WSR 98-15-143

PROPOSED RULES

SOUTHWEST AIR POLLUTION

CONTROL AUTHORITY

[Filed July 22, 1998, 9:56 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-12-010.

Title of Rule: SWAPCA 400 - General Regulations for Air Pollution Sources.

SWAPCA 400-101 Sources Exempt from Registration Requirements, the purpose of this section is to identify those sources which are exempt from the registration and new source review requirements of SWAPCA 400-100 and SWAPCA 400-110.

SWAPCA 400-105 Records, Monitoring and Reporting, the purpose of this section is to identify the requirements for sources to submit an emission inventory, conduct monitoring and perform emission sampling and reporting.

SWAPCA 400-106 Emission Testing at Sources, the purpose of this section is to provide a minimum set of standards for sampling emissions from all sources.

SWAPCA 400-109 Notice of Construction Application, the purpose of this section is to provide requirements for submittal and a description of the process for submitting a Notice of Construction application.

SWAPCA 400-111 Requirements for Sources in a Maintenance Plan Area, the purpose of this section is to identify the requirements for new or modified sources in a maintenance plan area. Because of the maintenance plan status of an area, emission standards to maintain air quality in a maintenance plan area are more demanding than those in less populated or industrialized areas.

SWAPCA 400-112 Requirements for Sources in Nonattainment Areas, the purpose of this section is to identify the requirements for new or modified sources in nonattainment areas for permitting purposes. This section also includes provisions for offsetting emissions for larger emission sources.

SWAPCA 400-113 Requirements for Sources in Attainment or Nonclassifiable Areas, the purpose of this section is to identify the requirements for new or modified sources in attainment areas for permitting purposes.

SWAPCA 400-115 Standards of Performance for New Sources, the purpose of this section is to adopt by reference the New Source Performance Standards (NSPS) contained in 40 CFR 60 for certain sources categories.

Purpose: See above.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: RCW 70.94.141.

Summary: SWAPCA 400-101 Sources Exempt from Registration Requirements, this section identifies those sources which are exempt from the registration and new source review requirements of SWAPCA 400-100 and SWAPCA 400-110.

SWAPCA 400-105 Records, Monitoring and Reporting, this section identifies the requirements for sources to submit an emission inventory, conduct monitoring and perform emission sampling.

SWAPCA 400-106 Emission Testing at Sources, this section provides a minimum set of standards for sampling and reporting emissions from all sources.

SWAPCA 400-109 Notice of Construction Application, this section identifies requirements for submittal of a Notice of Construction and a description of the process for submitting a Notice of Construction application.

SWAPCA 400-111 Requirements for Sources in a Maintenance Plan Area, this section identifies the requirements for new or modified sources in a maintenance plan area. Because of the maintenance plan status of an area, emission standards to maintain air quality in a maintenance plan area are more demanding than those in less populated or industrialized areas.

SWAPCA 400-112 Requirements for Sources in Nonattainment Areas, this section identifies the requirements for new or modified sources in nonattainment areas for permitting purposes. This section also includes provisions for offsetting emissions for larger emission sources.

SWAPCA 400-113 Requirements for Sources in Attainment or Nonclassifiable Areas, this section identifies the new source review requirements and emission standards for new or modified sources in attainment areas.

SWAPCA 400-115 Standards of Performance for New Sources, this section adopts by reference the New Source Performance Standards (NSPS) contained in 40 CFR 60 for identified sources categories.

Reasons Supporting Proposal: See above.

Name of Agency Personnel Responsible for Drafting and Implementation: Paul Mairose, Southwest Air Pollution

Control Authority, 1308 N.E. 134th Street, Vancouver, WA, (360) 374-3058 [574-3058]; and Enforcement: Robert D. Elliott, Southwest Air Pollution Control Authority, 1308 N.E. 134th Street, Vancouver, WA, (360) 574-3058.

Name of Proponent: Southwest Air Pollution Control Authority, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: SWAPCA 400-101 Sources Exempt from Registration Requirements, this is an existing rule. Proposed modifications are to change the reference from SWAPCA 460 to chapter 173-460 WAC to reflect the fact that SWAPCA adopts the WAC by reference and therefore clarifies the requirement for the reader. In addition, the exemption for fuel burning equipment has been clarified to describe "office" space heating as the identified exemption.

SWAPCA 400-105 Records, Monitoring and Reporting, this is an existing rule. The proposed changes remove reference to SWAPCA 460 and make reference to chapter 173-460 WAC, add two additional source categories for those type of sources which are required to submit an emission inventory which clarifies the types of sources identified in existing requirements, and to move the source testing section to a separate new section (SWAPCA 400-106) in the rules.

SWAPCA 400-106 Emission Testing at Sources, this is a new rule. This rule was excerpted from SWAPCA 400-105(4). This section is revised to include those conditions that are already being included in permits for source testing of certain equipment. This section will provide more consistency in testing and reporting of test results.

SWAPCA 400-109 Notice of Construction Application, this is an existing rule. The proposed modification to this section is to add the word final in subsection 5 to clarify when a Notice of Construction can be withdrawn.

SWAPCA 400-111 Requirements for Sources in a Maintenance Plan Area, this is an existing rule. Modifications to this rule are clarifications to provide reference to the proper section numbers and clarify the requirement to certify that the source is in compliance. The reference to existing federal rules is being updated to reference the most current standard.

SWAPCA 400-112 Requirements for Sources in Nonattainment Areas, this is an existing rule. Modifications to this section are for clarification to reference chapter 173-460 WAC instead of SWAPCA 460 and to update [and] reference the existing federal rules.

SWAPCA 400-113 Requirements for Sources in Attainment or Nonclassifiable Areas, this is an existing rule. Modifications to this section are clarification to reference chapter 173-460 WAC instead of SWAPCA 460 and to reference the existing federal rules.

SWAPCA 400-115 Standards of Performance for New Sources, this is an existing rule. Modifications to this section include updating the adoption dates on the existing federal rules and adopting additional existing federal standards.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes proposed by the Southwest Air Pollution Control Authority are consistent with federal or state rules already in effect. This agency is not subject to the small business economic impact provision of chapter 19.85 RCW. A fiscal analysis has been performed to establish the basis for any proposed fee increases. Copies of this analysis are available at the Southwest Air Pollution Control Authority.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Southwest Air Pollution Control Authority is not voluntarily invoking section 201, chapter 403, Laws of 1995.

Hearing Location: Office of the Southwest Air Pollution Control Authority, 1308 N.E. 134th Street, Vancouver, WA 98685, on October 1, 1998, at 3:00 p.m.

Assistance for Persons with Disabilities: Contact Mary Allen by September 29, 1998, TDD (360) 574-3058.

Submit Written Comments to: Paul T. Mairose, Southwest Air Pollution Control Authority, 1308 N.E. 134th Street, Vancouver, WA 98685, fax (360) 576-0925, by September 22, 1998.

Date of Intended Adoption: October 1, 1998.

July 22, 1998

Robert D. Elliott

Executive Director



Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 98-16 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office