WSR 98-19-033
PROPOSED RULES
NORTHWEST AIR
POLLUTION AUTHORITY
[Filed September 10, 1998, 3:40 p.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Northwest Air Pollution Authority Regulation (NWAPA).
Purpose: To repeal, add, and amend sections of the NWAPA Regulation to provide more clarity for users, to modify fee structures for new source review, registration, and asbestos, and to make the registration and new source review programs more consistent with the Department of Ecology.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: Amendatory Sections: 104.1 and 2 Update adoption by reference of current state and federal laws and rules. 133.1 Adjust civil penalty to account for inflation.
200 Add definitions for clarity.
480.3 Change emission performance standards for certified wood stoves.
480.6 Change threshold for ambient concentration of fine particles as to when to issue a curtailment period.
504 Change the amounts of fees collected for agricultural burning when using mobile field burning equipment.
580.3 Streamline and coordinate NWAPA requirement for petroleum liquid storage tanks. New language brings rule in line with federal New Source Performance Standards and Maximum Achievable Control Technology.
580.6 Lowers throughput threshold from 360,000 gallons per year to 200,000 gallons per year for Stage I requirements at gasoline stations.
New Sections: 300 Complete rewrite of new source review program for clarity and consistency with other local and state new source review programs.
301 Rewrites rules for issuance of a "Notice of Construction" approval order.
302 Notice of Completion requirements are clarified.
303 Identifies penalties for establishing an air contaminant source without a "Notice of Construction Order of Approval."
320 Complete rewrite of registration program for clarity and consistency with other state and local registration programs.
321 Establishes source exemptions from the registration program.
322 Rewrite air operating permit rule. Retains current fee calculation method.
324 Establishes new registration fees and new source review fees.
570 Rewrite asbestos programs rules and requirements for clarity and consistency with other local asbestos programs.
Repealed Sections: 300 Notice of Construction When Required.
301 Information Required for Notice of Construction.
302 Issuance of Approval or Order.
303 Notice of Completion-Notice of Violation.
320 Registration Required.
321 General Requirements for Registration.
322 Exemptions from Registration.
323 Classes of Registration.
324 Fees.
325 Transfer.
326 Operating Permits.
570 Asbestos Control Standards.
580.9 High Vapor Pressure Volatile Organic Compound Storage in External Floating Roof Tanks.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: James Randles, 1600 South Second Street, Mount Vernon, WA 98273-5202, (360) 428-1617 ext. 208.
Name of Proponent: Northwest Air Pollution Authority, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.
Proposal Changes the Following Existing Rules: See Summary above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: NWAPA Hearing Room, 1600 South Second Street, Mount Vernon, WA 98273-5202, on November 12, 1998, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Susan Cosby by October 28, 1998, (360) 428-1617 ext. 200.
Submit Written Comments to: James Randles, 1600 South Second Street, Mount Vernon, WA 98273, fax (360) 428-1620, by November 11, 1998.
Date of Intended Adoption: November 12, 1998.
September 9, 1998
James B. Randles
Assistant Control Officer
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 98-20 issue of the Register.