WSR 98-15-144

PROPOSED RULES

SOUTHWEST AIR POLLUTION

CONTROL AUTHORITY

[Filed July 22, 1998, 9:57 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 400-130 Use of Emission Reduction Credits, the purpose of this section is to identify the requirements and procedures for use of emission reduction credits.

SWAPCA 400-131 Deposit of Emission Reduction Credits into Bank, the purpose of this section is to identify the requirements and procedures for depositing emission reduction credits into the credit bank maintained by SWAPCA.

SWAPCA 400-136 Maintenance of the Bank, the purpose of this section is to identify the requirements for SWAPCA to maintain the emission reduction credit bank, how the credits are to be issued and describe how to manage credits that are expired beyond the five year time limit.

SWAPCA 400-141 Prevention of Significant Deterioration (PSD), the purpose of this section is to identify the requirements for those sources subject to federal PSD permitting requirements and provides reference to the appropriate federal regulations.

SWAPCA 400-171 Public Involvement, the purpose of this section is to identify the requirements for public notice of SWAPCA permitting actions and the process by which public involvement is to be administered. This section also identifies those documents which are required to be subject to a public notice and those that are not required to be subject to public notice.

SWAPCA 400-180 Variance, the purpose of this section is to identify the requirements and procedures for obtaining a variance from the SWAPCA board of directors for an existing permit or the established regulations.

SWAPCA 400-230 Regulatory Actions and Civil Penalties, the purpose of this section is to identify the different types of common regulatory orders issued by SWAPCA and identify the enforcement and civil penalty authorities of SWAPCA.

SWAPCA 400-250 Appeals, the purpose of this section is to identify the requirements and procedures for appeals to any SWAPCA decision or regulatory order issued by the agency.

SWAPCA 400-280 Powers of Authority, the purpose of this section is to identify the powers vested in SWAPCA under RCW 70.94.141 and 43.21B.240.

APPENDIX A SWAPCA Method 9 - Visual Opacity Determination Method, the purpose of this section is to describe the procedure for performing visual opacity readings as part of compliance and enforcement activities by agency staff. This procedure is also to be used by sources in SWAPCA jurisdiction for self determination of compliance with regulatory standards and permit conditions.

Purpose: See above.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: RCW 70.94.141.

Summary: SWAPCA 400-130 Use of Emission Reduction Credits, this section identifies the requirements and procedures for use of emission reduction credits once they have been deposited in the emission reduction credit bank maintained by SWAPCA.

SWAPCA 400-131 Deposit of Emission Reduction Credits into Bank, this section describes the requirements and procedures for depositing emission reduction credits into the credit bank maintained by SWAPCA.

SWAPCA 400-136 Maintenance of the Bank, this section identifies the requirements for SWAPCA to maintain the emission reduction credit bank, how the credits are to be issued and describe how to manage credits that are expired beyond the five year time limit.

SWAPCA 400-141 Prevention of Significant Deterioration (PSD), this section describes the requirements for those sources which would be subject to the federal PSD permitting requirements and provides reference to the appropriate federal regulations.

SWAPCA 400-171 Public Involvement, this section describes the requirements for public notice of SWAPCA permitting actions and the process by which public involvement is to be administered. This section also identifies those documents which are required to be subject to a public notice process and those that are not required to be subject to public notice.

SWAPCA 400-180 Variance, this section describes the requirements and procedures for obtaining a variance from the SWAPCA board of directors for an existing permit or the established regulations.

SWAPCA 400-230 Regulatory Actions and Civil Penalties, this section identifies the different types of common regulatory orders issued by SWAPCA and identifies the enforcement and civil penalty authorities of SWAPCA.

SWAPCA 400-250 Appeals, this section identifies the requirements and procedures for appeals to any SWAPCA decision or regulatory order issued by the agency.

SWAPCA 400-280 Powers of Authority, this section identifies the powers and authority vested in SWAPCA under RCW 70.94.141 and 43.21B.240.

APPENDIX A SWAPCA Method 9 - Visual Opacity Determination Method, this section describes the procedure for performing visual opacity readings as part of compliance and enforcement activities by agency staff. This procedure is also to be used by sources in SWAPCA jurisdiction for self determination of compliance with regulatory standards and permit conditions.

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 400-130 Use of Emission Reduction Credits, this is an existing rule. Proposed modifications are to reorganize this section for clarity and to make changes in the program to conform to federal guidelines on emission reduction credit banking so credits deposited by sources can be used to satisfy federal program requirements. This section is being changed to describe only the process of using ERCs. The existing discussion on acquisition is being moved to SWAPCA 400-131. The most significant change in this process is to change the time for use of an ERC from ten years to five years as required by the federal program guidelines.

SWAPCA 400-131 Deposit of Emission Reduction Credits into Bank, this is an existing rule. Proposed modifications are to restructure the section for clarity and describe only the actions involved in depositing emission reduction credits into the credit bank. The section has been rewritten for clarity.

SWAPCA 400-136 Maintenance of the Bank, this is an existing rule. Proposed modifications are to rewrite the section to only address the activities surrounding how SWAPCA maintains credits in the bank, how they are to be assigned, procedures for public involvement, annual review of the bank and expiration of credits older than five years.

SWAPCA 400-141 Prevention of Significant Deterioration (PSD), this is an existing rule. The proposed modification is to update the adoption date of the federal rules from 1993 to 1998 by incorporation by reference. No substantial changes in this program are proposed.

SWAPCA 400-171 Public Involvement, this is an existing rule. Proposed changes are clarifications to change the reference from SWAPCA 401 to chapter 173-401 WAC because SWAPCA adopts chapter 173-401 WAC by reference and has no separate rule. There are no substantive changes proposed in this section.

SWAPCA 400-180 Variance, this is an existing rule. Proposed changes are for clarification. The reference to "this chapter" is being changed to "SWAPCA regulations" for clarity. No substantial changes are proposed.

SWAPCA 400-230 Regulatory Actions and Civil Penalties, this is an existing rule. Proposed changes are to change the date at which a source is considered to be in default of payment of registration fees. The date is being changed from July 31 of each year to June 30 to better align this activity with the required fiscal year of SWAPCA.

SWAPCA 400-250 Appeals, this is an existing rule. Proposed changes are to change the reference to RCW 43.21B.120 to accurately reflect the proper citation of RCW 43.21B.230. No substantial changes in this section are proposed.

SWAPCA 400-280 Powers of Authority, this is an existing rule. Proposed changes are to add another subsection which identifies the requirement that SWAPCA may not hold adjudicative proceedings as provided in RCW 43.21B.240.

APPENDIX A SWAPCA Method 9 - Visual Opacity Determination Method, this is a new section. This section is proposed to describe the procedure for performing visual opacity readings as part of compliance and enforcement activities by agency staff. This procedure is also to be used by sources in SWAPCA jurisdiction for self determination of compliance with regulatory standards and permit conditions. SWAPCA previously relied on the ecology method for visual determinations, however, the ecology method makes recommendations for the reader to take pictures and record humidity which is not necessary to take an accurate visual reading. This rule making will document the method used by SWAPCA in current visual readings.

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.

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