WSR 03-22-076


[ Filed November 4, 2003, 3:33 p.m. ]

State Implementation Plan Revision

Including and Removing Local Air Quality Agency Regulations

Background: The state of Washington and local air pollution control agencies periodically submit air quality regulations to the Department of Ecology (ecology) for inclusion in Washington's state implementation plan (SIP). The SIP is a statewide plan for meeting federal health-based standards for certain air pollutants.

Ecology will hold a public hearing to receive comments on including changes to chapter 173-400 WAC, General regulations for air pollution sources in the SIP. The state new source review program in chapter 173-400 WAC applies to sources statewide unless a local air quality agency or the Energy Facility Site Evaluation Council (EFSEC) has adopted its own new source review rule applicable within its jurisdiction. (Local air quality agencies may have supplemental rules as long as they are as stringent as the WAC.) For this reason, ecology will also receive comment on adding to the SIP various local air quality agency general source related provisions.

The proposed changes are necessary to achieve alignment of state and federal air quality rules for stationary sources. Moreover, they clarify requirements for existing and new stationary sources of air pollution by eliminating conflicts with chapter 70.94 RCW and 40 C.F.R. Part 51. When incorporated into the SIP, the rules reduce the number of duplicative applicable state and local regulations.

There are seven local air quality agencies in Washington state: Benton Clean Air Authority, Northwest Air Pollution Authority, Olympic Regional Clean Air Agency, Puget Sound Clean Air Agency, Southwest Clean Air Agency, Spokane County Air Pollution Control Authority, and Yakima Regional Clean Air Authority. Additionally, EFSEC is a state agency with authority from the United States Environmental Protection Agency and the state of Washington to issue permits under the federal Clean Air Act and Washington Clean Air Act for facilities under its jurisdiction.

Ecology will receive comments on adopting, amending and removing the following regulations in the SIP: State of Washington: Chapter 173-400 WAC; amending WAC 173-400-030, 173-400-040, 173-400-060, 173-400-105, 173-400-110, 173-400-112, 173-400-113, 173-400-151 and 173-400-171; and adding WAC 173-400-035, 173-400-117 and 173-400-118.

Northwest Air Pollution Agency: Amending Sections 200, 300, 301, and 325; removing Sections 104, 302, 303, 310 and 324.

Olympic Region Clean Air Agency: Adding Regulation 1, Articles 1.07, 3.01, 3.03, 3.17, 3.19, 3.21, 5.01 through 5.04, 7.01 through 7.04, 7.06, 7.07, 7.11, 7.12, 7.14, 7.15, 7.19, 7.20 and 7.21.

Southwest Clean Air Agency: Amending Sections 400-030, 040, 050, 052, 060, 070, 081, 091, 100, 101, 105, 109 through 114, 151, 171, 190, 200, 205, 230, 250 and 270; adding Sections 400-045, 046, 106, 130, 131, 136 and 140; and removing 400-090.

Yakima Regional Clean Air Authority: Amending Regulation 1, Appendix A; and removing Regulation 1, Sections 1.03 (except subsections 84 and 85), 4.02, 4.03, 5.06, 5.08, 5.11 and 12.01.

Hearing Schedule: On Thursday, December 10, 2003, at 2:00 p.m., Washington State Department of Ecology, 300 Desmond Drive, Room 1S-16, Lacey, WA.

For a SIP hearing, only comments on whether or not to include the changes in the SIP are considered. Written comments must be postmarked no later than December 18, 2003, and should be sent to Brett Rude, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

For More Information: For more information about the updates or the SIP process prior to the hearing, please contact Melissa McEachron, Department of Ecology, (360) 407-6860; or Brett Rude, Department of Ecology, (360) 407-6847.

If you require this publication in an alternative format, please contact Tami Dahlgren at (360) 407-6830 (voice) or (TTY) at 711 or 1-800-833-6388.

Legislature Code Reviser 


Washington State Code Reviser's Office