PROPOSED RULES
AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: REGULATION OF THE NORTHWEST CLEAN AIR AGENCY.
Hearing Location(s): Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, on June 7, 2011, at 9:00 a.m.
Date of Intended Adoption: June 9, 2011.
Submit Written Comments to: Mark Buford, Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, e-mail mark@nwcleanair.org, fax (360) 428-1620, by June 7, 2011, at 11:00 a.m.
Assistance for Persons with Disabilities: Contact Margarita Smith by June 1, 2011, (360) 428-1617 ext. 215.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update agency
adoptions of external regulations by reference; readopt
specific rule sections to refer to most recent version of
chapter 173-401 WAC.
SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES
• Editorial changes.
• Update to accommodate new or revised rules.
• Replace "as it now exists or may be hereafter amended" with "that are in effect as of May 18, 2011" from 104.1 to make clear which versions of the Washington Administrative Code (WAC) and Revised Code of Washington (RCW) are being adopted by reference. This change will make it consistent with the verbiage in NWCAA 104.2.
• Update effective date in NWCAA 104.2.
• Remove reference to NWCAA 155 to avoid duplicating the adoptions by reference.
• Adopt by reference subparts under 40 C.F.R. 63 that trigger issuance of Title V permits.
• Delete subparts under 40 C.F.R. 60 that are emission guidelines that cannot be adopted by reference or delegated by EPA.
• Readopt to ensure that the reference to chapter 173-401 WAC is to the most recent version.
SECTION 300 - NEW SOURCE REVIEW
• Update NWCAA 300.14 to be consistent with NWCAA 104.
• Readopt to ensure that the reference to chapter 173-401 WAC is to the most recent version.
SECTION 305 - PUBLIC INVOLVEMENT
SECTION 321 - EXEMPTIONS FROM REGISTRATION
SECTION 322 - AIR OPERATING PERMIT PROGRAM (AOP)
• No changes except to readopt to ensure that the
reference to chapter 173-401 WAC is to the most
recent version.
SECTION 320 - REGISTRATION PROGRAM
• No changes except to readopt to ensure that the
reference to WAC 173-401-531 is to the most recent
version.
Reasons Supporting Proposal: The NWCAA regulation references many rules written by other agencies (e.g., EPA, Washington department of ecology). When the external rules are referenced, the version that is incorporated is that as of the date of adoption. If an external rule is modified, by EPA, for instance, the version of the federal rule referenced in the NWCAA regulation remains that as of the date of adoption. This causes confusion because both the previous version as referenced in the NWCAA regulation and the new version both apply. As such, the NWCAA is updating the references in these portions of the regulation to the most recent versions of the external rules.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Northwest Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Asmundson, 1600 South Second Street, Mount Vernon, WA, (360) 428-1617.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable under RCW 70.94.141.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable under RCW 70.94.141.
April 19, 2011
Mark Buford
Assistant 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 11-10 issue of the Register.