WSR 02-13-124

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed June 19, 2002, 9:49 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Adopt Regulation I, Section 8.06; amend Regulation II, Section 2.09; and adopt Regulation II, Section 2.10.

Purpose: To have contingency measures in place in the event of future violations of the federal air standards for carbon monoxide and ozone involving restrictions on summer outdoor burning and summer and winter gasoline marketing.

Other Identifying Information: Section 8.06 (Reg. I) pertains to Outdoor Burning Ozone Contingency Measure. Section 2.09 (Reg. II) pertains to Oxygenated Gasoline Carbon Monoxide Contingency Measure and Fee Schedule. Section 2.10 (Reg. II) pertains to Gasoline Station Ozone Contingency Measure.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: This proposal puts contingency measures in place to address the possibility of future violations of the federal air standards.

Reasons Supporting Proposal: The Clean Air Act requires states to have plans in place to address the possibility of future violations of the federal air standards.

Name of Agency Personnel Responsible for Drafting: John Anderson, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4051; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal will put in place contingency measures to address the possibility of future violations of the federal air standards.

Proposal Changes the Following Existing Rules: To have contingency measures in place in the event of future violations of the federal air standards for carbon monoxide and ozone involving restrictions on summer outdoor burning and summer and winter gasoline marketing.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on July 25, 2002, at 9:15 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by July 18, 2002, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, fax (206) 343-7522, by July 15, 2002.

Date of Intended Adoption: July 25, 2002.

June 18, 2002

John K. Anderson

Supervisory Engineer

NEW SECTION


REGULATION I SECTION 8.06 OUTDOOR BURNING OZONE CONTINGENCY MEASURE

(a) Applicability. This section shall apply to open burning within King, Kitsap, Pierce, and Snohomish counties if, in consultation with the Washington State Department of Ecology and the Agency, the U.S. Environmental Protection Agency makes a written finding that:

(1) A quality-assured violation of the national ambient air quality standard for ozone has occurred, and

(2) Prevention of future violations can be reasonably addressed through the implementation of this section.

The Agency shall provide public notice of this written finding no later than November 1. This section shall take effect on May 1 following the public notice of such a written finding.

(b) It shall be unlawful for any person to cause or allow outdoor burning within King, Kitsap, Pierce, or Snohomish counties during the months of May through September.

AMENDATORY SECTION


REGULATION II SECTION 2.09 OXYGENATED GASOLINE CARBON MONOXIDE CONTINGENCY MEASURE AND FEE SCHEDULE

(a) Applicability. This section shall apply to gasoline intended as a final product for fueling of motor vehicles within King, Kitsap, Pierce, and Snohomish Counties during the months of November, December, January, and February if, in consultation with the Washington Department of Ecology and the Agency, the U.S. Environmental Protection Agency makes a written finding that:

(1) ((A quality)) Quality-assured violations of the national ambient air quality standard for carbon monoxide ((has)) have occurred((, and)) at multiple monitoring sites within the jurisdiction of the Agency,

(2) Local mitigation measures have not improved traffic conditions sufficiently to help prevent future violations, and

(((2))) (3) Prevention of future violations can be reasonably addressed through the implementation of this section.

((This section shall take effect in November following such determination.)) The Agency shall provide public notice of this written finding no later than May 1 to all registered gasoline stations and blenders ((within 30 days of a written finding, but no later than May 1)). This section shall take effect on November 1 following the public notice of such a written finding.

(b) It shall be unlawful for any person to sell, make available for sale, or dispense gasoline with an oxygen content less than 2.7% by weight.

(c) It shall be unlawful for any gasoline station to dispense oxygenated gasoline unless the fuel dispensing system is conspicuously labeled as follows: The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles.

(d) Blenders of oxygenated gasoline shall register with the Agency on an annual basis. Each request for registration shall be on forms supplied by the Agency and shall be accompanied by a fee to compensate for the cost of administering the program. The following fee table, based upon the average monthly sales of gasoline sold during the previous November, December, January, and February, shall apply:


Volume (gallons)
less than 100,000 $ 500.00
100,000 or more, but less than 1,000,000 $ 1,000.00
1,000,000 or more, but less than 15,000,000 $10,000.00
15,000,000 or more $25,000.00
(e) Upon assessment by the Agency, this registration fee is due and payable within 30 days. It shall be deemed delinquent if not fully paid within 90 days.

(f) Blenders of oxygenated gasoline shall, upon request by the Agency, submit periodic reports summarizing how the requirements of this section were met. Each report shall be submitted on forms supplied by the Agency within 30 days of receipt of forms.

NEW SECTION


REGULATION II SECTION 2.10 GASOLINE STATION OZONE CONTINGENCY MEASURE

(a) Applicability. This section shall apply to facilities that dispense 3,600,000 gallons or more of gasoline per year and are also subject to Section 2.07 of this regulation. If, in consultation with the Washington State Department of Ecology and the Agency, the U.S. Environmental Protection Agency makes a written finding that:

(1) A quality-assured violation of the national ambient air quality standard for ozone has occurred, and

(2) Prevention of future violations can be reasonably addressed through the implementation of this section.

The Agency shall provide public notice of this written finding no later than November 1. This section shall take effect in May 1 following the public notice of such a written finding.

(b) It shall be unlawful for any person to cause or allow the transfer of gasoline from a stationary storage tank into a motor vehicle fuel tank (except motorcycles) unless California Air Resources Board (CARB) commercially available Phase I and Phase II enhanced vapor recovery (EVR) systems are installed in accordance with CARB system certification requirements.

(c) The systems required in Section 2.10(b) of this regulation shall be installed within 1 year of the May 1 effective date listed in Section 2.10(a) of this regulation.

Washington State Code Reviser's Office