WSR 98-17-014

PERMANENT RULES

OLYMPIC AIR POLLUTION

CONTROL AUTHORITY

[Filed August 10, 1998, 8:47 a.m.]



Date of Adoption: August 9, 1998.

Purpose: To amend OAPCA's Regulation 1 to reflect the changes to WAC 173-491-040(5) as adopted by the Washington State Department of Ecology on January 14, 1998.

Citation of Existing Rules Affected by this Order: Amending OAPCA Regulation 1, Section 15.09.

Statutory Authority for Adoption: RCW 70.94.141.

Adopted under notice filed as WSR 98-11-076 on May 19, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

August 9, 1998

Charles Peace

Executive Director



AMENDATORY SECTION



SECTION 15.09 VAPOR RECOVERY STAGE II



(a) ((For purposes of attainment or maintenance of the National Ambient Air Quality Standard for ozone s))Stage II vapor recovery ((may only be)) is required at a ((service station, or any other)) gasoline dispensing facility supplying fuel to the general public((, in any of)) under the following circumstances:

(((a))) (1) ((The)) Any facility that ((sells)) dispenses in excess of ((six)) one million two hundred thousand gallons (((600,000)))(1,200,000) of gasoline per year and is located in ((a c)) Thurston County. ((, any part of which is designated as nonattainment for ozone under the federal clean air act, 42 USC Section 7407; or)) This requirement will end on December 31, 2002, unless the department of ecology determines that Stage II is important to achieving or maintaining the National Ambient Air Quality Standard for Ozone in a nonattainment or maintenance plan county.

(((b) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county where a maintenance plan has been adopted by a local air pollution control authority or the department of ecology that includes gasoline vapor recovery devices as a control strategy; or))

(((c) From the effective date of this section until December 31, 1998, in any facility that sells in excess of one million two hundred thousand gallons (1,200,000) of gasoline per year and is located in an ozone-contributing county. For purposes of this section, an ozone-contributing county means a county in which the emissions have contributed to the formation of ozone in any county where violations of federal ozone standards have been measured, and includes Thurston County; or

(d) After December 31, 1998, in any facility that sells in excess of eight hundred forty thousand (840,000) gallons of gasoline per year and is located in any county, no part of which is designated as nonattainment for ozone under the federal clean air act, 42 USC Section 7407, provided that the department of ecology determines by December 31, 1997, that the use of gasoline vapor control devices in the county is important to achieving or maintaining attainment status in any other county.))

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