PERMANENT RULES
CLEAN AIR AGENCY
Date of Adoption: December 19, 2002.
Purpose: To have contingency measures in place in the event of future violations of the federal air standards for carbon monoxide involving winter gasoline marketing and ozone involving restrictions on summer outdoor burning and gasoline station storage.
Citation of Existing Rules Affected by this Order: Amending Regulation II, Section 2.09.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 02-22-041 on October 29, 2002.
Changes Other than Editing from Proposed to Adopted Version: In Section 8.06(a), last paragraph, changed the section's effective date from "May 1" to "July 1."
In Section 8.06(b), changed the months from "May through September" to "July through August."
In Section 2.09(a), removed "Kitsap" as an addition to the list of counties this section applies to.
In Section 2.10(a):
| • | Changed "facilities" to "gasoline stations that use coaxial Stage 1 vapor recovery systems." |
| • | Changed "dispense 3,600,000 gallons" to "dispense 600,000 gallons." |
| • | Removed "and are also subject to Section 2.07 of this regulation." |
| • | Changed "stationary storage tank" to "transport tank." |
| • | Changed "motor vehicle fuel tank (except) motorcycles" to "stationary storage tank." |
| • | Changed "commercially available Phase I and Phase II enhanced vapor recovery (EVR) systems" to "Stage I system, approved after July 1, 2002." |
| • | Added ...installed "and operated" in accordance with ... |
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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.
December 20, 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 July 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 July through August.
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, 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 at multiple monitoring sites within the
jurisdiction of the Agency, ((and))
(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 | |
(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 gasoline stations that use coaxial Stage 1 vapor recovery systems and dispense 600,000 gallons or more of gasoline per year 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 transport tank into a stationary storage tank unless California Air Resources Board (CARB) Stage I system, approved after July 1, 2002, is installed and operated 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.