WSR 03-11-045

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[ Filed May 16, 2003, 9:31 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Amendments to the following sections of Olympic Region Clean Air Agency (ORCAA) Regulation 1: Article 1 (Policy, Short Title and Definitions); Article 3 (General Provisions); Article 5 (Registration); Article 6 (Operating Permits); and Article 7 (Notice of Construction and Application for Approval).

Purpose: Amendment of ORCAA's Regulation 1 is necessary to achieve conformity and alignment with state and federal air quality laws and is a prerequisite for incorporation of ORCAA's regulations into the state implementation plan (SIP) for Washington.

Other Identifying Information: State implementation plans (SIPs) are state plans for attaining and maintaining the national ambient air quality standards.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141 and [70.94.]151 - [70.94.]162.

Summary: The proposed amendments to Articles 1, 3, 5, 6, and 7 of ORCAA Regulation 1 resolve conflicts and inconsistencies with the Washington Clean Air Act (chapter 70.94 RCW) and with requirements for state air pollution programs pursuant to Subpart I of 40 C.F.R. Part 51 that have been identified by the United States Environmental Protection Agency (EPA) and by the State Department of Ecology (ecology).

Reasons Supporting Proposal: Incorporation of ORCAA's regulations in the Washington SIP is necessary to maintain a local air pollution control program administered by ORCAA through local regulations. Resolving conflicts and inconsistencies with the Washington Clean Air Act will provided clarity and consistency to regulated sources.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Goodin, 2940 B Limited Lane N.W., Olympia, WA 98502, (360) 586-1044.

Name of Proponent: Olympic Region Clean Air Agency (ORCAA), governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No fiscal impact to agency.

Rule is necessary because of federal law, 40 C.F.R. Part 51, Subpart I.

Explanation of Rule, its Purpose, and Anticipated Effects: ORCAA Regulation 1 implements the Washington Clean Air Act (chapter 70.94 RCW). The proposed changes to ORCAA Regulation 1 include amendments to Article 1 (Policy, Short Title and Definitions); Article 3 (General Provisions); Article 5 (Registration); Article 6 (Operating Permits); and, Article 7 (Notice of Construction and Application for Approval).

The proposed amendments resolve certain conflicts and inconsistencies with the Washington Clean Air Act (chapter 70.94 RCW) and with requirements for state air pollution programs pursuant to Subpart I of 40 C.F.R. Part 51, that have been identified by the United States Environmental Protection Agency (EPA) and by the state Department of Ecology (ecology). Upon final adoption of the proposed Regulation 1 changes these issues will be resolved, and ORCAA's regulations can be incorporated into the state implementation plan (SIP) for Washington. The Washington SIP is the Washington's comprehensive plan for attaining and maintaining the national ambient air quality standards. Incorporation of ORCAA's regulations into the Washington SIP is important for maintaining a local air regulatory program administered by ORCAA through a comprehensive set of local regulations.

The proposed changes are intended to clarify requirements for existing and new stationary sources of air pollution by eliminating conflicts with chapter 70.94 RCW and Subpart I of 40 C.F.R. Part 51. The proposed changes will also reduce the number of duplicative applicable state regulations once ORCAA's rules are incorporated into the Washington SIP. After incorporation into the Washington SIP, ORCAA's rules will be recognized as the body of rules implementing both the Washington Clean Air Act and federal requirements for state programs under Subpart I of 40 C.F.R. Part 51 within ORCAA's jurisdiction. Clarifying ORCAA's applicable air requirements and reducing the number of redundant applicable state regulations will make it easier for existing and new sources to comply.

Proposal Changes the Following Existing Rules: In Article 1, Section 1.07, definitions were changed to make them consistent with definitions of the same terms in both state and federal regulations. Several definitions were also added to clarify terms used in Regulation 1 that were either not defined previously or are new terms used.

In Article 3, the following changes were made to align ORCAA's regulations with chapter 70.94 RCW:

1. Section 3.03 was amended to clarify that ambient air quality data and emissions data can not be considered as confidential.

2. Sections 3.17 and 3.19 were amended to clarify when orders issued by the authority become final, and how and when they can be appealed. Also, the provision in section 3.19 requiring an automatic stay of orders issued by ORCAA that are appealed was removed. A provision for stay of appealed orders at the discretion of the authority was added to section 3.17.

In Article 5, the following changes were made to achieve consistency with the state's requirements for registration pursuant to chapter 70.94 RCW:

1. Section 5.00, Definitions, was deleted since all definitions for Regulation 1 were incorporated into section 1.07 of Article 1.

2. Section 5.01 was amended to align ORCAA's registration applicability and exemption lists with the state's.

3. Section 5.02 was amended to clarify the scope of ORCAA's registration program.

4. Section 5.03 was amended to clarify the requirements for stationary sources subject to registration and to resolve conflicts with both RCW 70.94.151 and Subpart I of 40 C.F.R. Part 51 that were identified by the U.S. EPA.

5. Section 5.03 was amended to achieve more consistent use of terms throughout Regulation 1. Also, the description of the registration classification category for gasoline stations was revised to be consistent with existing state regulations.

6. Section 5.05 was amended to achieve more consistent use of terms throughout Regulation 1. Also, changes were made to clarify the purpose of the ORCAA's annual workload analysis for the registration program.

In Article 6, the following changes were made to achieve consistency with RCW 70.94.152 and requirements under the state's operating permit regulation, chapter 173-401 WAC:

1. Section 6.00 definitions deleted and moved to Article 1.

2. Section 6.03 was amended to exclude notice of construction fees paid by major sources from being accounted for in ORCAA's Title V program. The proposed change allows notice of construction fees pair by major sources to be accounted as revenue for ORCAA's notice of construction programs. According to the U.S. EPA, this meets the requirement of RCW 70.94.152(2) which specifies that notice of construction fees be deposited in a dedicated account.

3. Minor clarifying changes made throughout Article 6.

In Article 7, the following changes were made to achieve consistency with RCW 70.94.152, the state's new source review program under chapter 173-400 WAC, and requirements for state new source review programs pursuant to Subpart I of 40 C.F.R. Part 51:

1. Section 7.01 was amended to align applicability thresholds and exemptions with the state's new source review program. Also, language was added to specify actions for which new source review is mandatory.

2. Section 7.02 was amended to clarify requirements for those actions subject to requirements to file a Notice of Intent (NOI) to operate. Also, NOI fees for new source types subject to a NOI were added to the NOI fee table.

3. Section 7.03 was amended to comprehensively address notice of construction (NOC) application processing requirements and schedules. Changes and additions align ORCAA's new source review (NSR) program with the state's NSR program pursuant to RCW 70.94.152.

4. Section 7.04 was amended by adding a mechanism facilitating an opportunity to request a public notice and comment period on all NOC applications received. This change was made to meet federal public participation requirements for state programs under Subpart I of 40 C.F.R. Part 51.

5. Section 7.05 was deleted in its entirety and replaced with a section 7.06.

6. Section 7.06 was added to comprehensively address requirements for approval of new stationary sources and modifications subject to approval through a NOC application. The requirements for approval in section 7.06 are the same as the requirements for approval in the state's NSR program under WAC 173-400-110.

7. Section 7.07 was amended to clarify the requirements for submitting a notice of completion.

8. Section 7.09 was deleted and requirements for conditional approvals of NOC applications were incorporated in section 7.03.

9. Section 7.11 was completely revised to make it consistent with RCW 70.94.152.

10. Section 7.12 was added for purposes of creating a comprehensive program for regulating relocation of temporary portable sources of air pollution that is consistent with definitions for Subpart I of 40 C.F.R. Part 51 and does not conflict with federal provisions for nonroad engines.

11. Section 7.13 was amended to clarify when NOC fees are due.

12. Sections 7.17 and 7.18 were completely deleted and requirements were incorporated into section 7.06.

13. Section 7.19 was amended to maintain consistent use of terms.

14. Section 7.20 was amended to clarify applicability of WAC 173-400-141.

15. Section 7.21 was completely deleted and requirements were moved to section 7.06.

16. Section 7.21 was added to be consistent with chapter 70.94 RCW and WAC 173-400-091.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the Regulatory Fairness Act (chapter 19.85 RCW) because air pollution control authorities are not deemed state agencies (RCW 70.94.141).

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: Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on August 13, 2003, at 10:00.

Assistance for Persons with Disabilities: Contact Craig Weckesser by April 3, 2003, (360) 586-1044 ext. 111.

Submit Written Comments to: Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, fax (360) 586-1044, by August 13, 2003.

Date of Intended Adoption: August 13, 2003.

May 16, 2003

Richard Stedman

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 03-13 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office