WSR 99-03-030
PERMANENT RULES
SPOKANE COUNTY AIR
POLLUTION CONTROL AUTHORITY
[Filed January 13, 1999, 12:50 p.m.]
Date of Adoption: January 7, 1999.
Purpose: To limit particulate matter emissions from paved and unpaved roads as an integral part of the strategy to attain and maintain the National Ambient Air Quality Standard for PM10.
Citation of Existing Rules Affected by this Order: Amending SCAPCA Regulation I, Article VI, Section 6.14 and Section 6.15.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 98-24-080 on December 1, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
January 11, 1999
Eric Skelton
Director
SECTION 6.14 STANDARDS FOR CONTROL OF PARTICULATE MATTER ON PAVED SURFACES
AMENDATORY SECTION
REGULATION I SECTION 6.14.A. Applicability
A. Applicability. The provisions of Section 6.14 shall
apply to any state, county, city or local government or private
company that applies sanding materials to or mechanically sweeps
or vacuums paved surfaces within the ((Spokane)) PM10
Nonattainment area. This Section shall also apply to all
suppliers of sanding materials to be used by these affected
entities.
AMENDATORY SECTION
REGULATION I SECTION 6.14.B Definitions
B. Definitions.
1. Affected Entities are any state, county, city or local
government or private company that applies sanding material to,
or mechanically sweeps or vacuums paved surfaces within the
((Spokane)) PM10 Nonattainment area.
2. Approved Laboratory means a certified or approved facility capable of performing the specified tests in a competent, professional, and unbiased manner in accordance with ASTM testing procedures.
3. The Authority is the Spokane County Air Pollution Control Authority
4. Base Sanding Amount is the average amount of sanding
materials applied per lane mile by each affected entity within
the ((Spokane)) PM10 Nonattainment Area during the 1992 - 1993
season or another base season, as requested by an affected entity
and approved by the Authority.
5. Durability Index means the percent loss of weight as determined using ASTM "Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine", designated C131-89, or other approved ASTM procedure.
6. Full Deployment means that all priority roadways targeted for treatment during a snow/ice event are sanded.
7. Percent Fines means the percent material passing a #100 sieve as determined by the American Society for Testing Materials (ASTM) "Standard Method for Sieve Analysis of Fine and Coarse Aggregates", Designation C136-84a (1988) (American Highway and Transportation Officials designation T27-88), or other approved ASTM procedure.
8. PM10 Nonattainment Area means the Spokane County PM10 Nonattainment Area, defined in CFR Title 40, Part 81, as designated on November 15, 1990. This definition will remain in effect, even after the United States Environmental Protection Agency makes the determination that the PM10 standard that existed before September 16, 1997, no longer applies to Spokane County. Retaining the definition ensures compliance with the Environmental Protection Agency's Guidance for Implementing the 1-Hour Ozone and Pre-Existing PM10 NAAQS, dated December 29, 1997, by continuing implementation of control measures in the State Implementation Plan and preserving air quality gains.
((8))9. Priority Roadway means any street, arterial, or
highway, within the ((Spokane)) PM10 Nonattainment Area, with
more than 15,000 average daily traffic count, and any connecting
entrance or exit ramp.
((9))10. Recycled Sanding Materials means previously used
sanding materials which have been collected from roadway or paved
areas and are then reused as is, after washing, or after blending
with new sanding materials.
((10))11. Sanding Materials means natural geologic
materials, excluding salt and other de-icing chemicals, used to
provide increased traction on roadways or paved areas.
((11))12. Season means the period beginning, November 1, in
one calendar year and concluding on April 30, the next calendar
year.
SECTION 6.15 STANDARDS FOR CONTROL OF PARTICULATE MATTER ON UNPAVED ROADS
AMENDATORY SECTION
REGULATION I SECTION 6.15.B. DEFINITIONS
B. Definitions.
1. Authority means the Spokane County Air Pollution Control Authority.
2. Ecology means the Washington Department of Ecology.
3. EPA means the United States Environmental Protection Agency or the Administrator of the United States Environmental Protection Agency or his/her designated representative.
4. Implementation Plan has the same meaning as in Section 110 of the Federal Clean Air Act (42 USC 7410).
5. Maintenance Plan has the same meaning as in Section 175A of the Federal Clean Air Act (42 USC 7505).
6. Palliative means salts and other hygroscopic materials, petroleum resins, asphalt emulsions, adhesives, chemical soil stabilizers or other surface treatment materials acting as a method of dust control, and not prohibited for use by any local, state, or federal law, rule, or regulation.
7. Paved means application of concrete, asphaltic concrete, asphalt, or combination thereof as a means of forming a permanent surface for a road.
8. PM10 Nonattainment Area means the Spokane County PM10
Nonattainment Area, ((as)) defined in CFR Title 40, Part 81, as
designated on November 15, 1990. This definition will remain in
effect, even after EPA makes the determination that the PM10
standard that existed before September 16, 1997, no longer
applies to Spokane County. Retaining the definition ensures
compliance with the EPA's Guidance for Implementing the 1-Hour
Ozone and Pre-Existing PM10 NAAQS, dated December 29, 1997, by
continuing implementation of control measures in the
Implementation Plan and preserving air quality gains.
9. Reasonable Further Progress has the same meaning as in Section 171(1) of the Federal Clean Air Act (42 USC 7501).
Reviser's note: The typographical errors in the above material occurred in the copy filed by the and appear in the Register pursuant to the requirements of RCW 34.08.040.