Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Northwest Air Pollution Authority (NWAPA) regulation.
Purpose: The regulation amendments will allow the NWAPA to establish a new source review program that is approvable into the state implementation plan (SIP).
Statutory Authority for Adoption: Chapter 70.94 RCW.
Summary: AMENDATORY SECTIONS:
Section 104, update state and federal regulations that are adopted by reference to include recently promulgated NSPS and NESHAP regulations.
Section 122, clarify applicability of appeals from orders and notices.
Section 133, increase the maximum civil penalty from $13,000 per day to $14,000 per day to account for inflation.
Section 200, add, delete and revise terms related to the new source review program in order to be more consistent with those found in chapter 173-400 WAC.
Section 300, rewrite this new source review section to be more consistent with the state program found in chapter 173-400 WAC.
Section 301, delete portions pertaining to new source review as they are now being addressed in section 300 and clarity requirements for temporary sources.
Section 324, clarify registration and new source review fee applicability and update fee schedules.
Section 501, add additional fees for fire training permits and correct a citation to another section of the regulation.
SECTIONS TO REPEAL:
Section 302, rules pertaining to new source review are now being addressed in section 300.
Section 310, rules pertaining to new source review are now being addressed in section 300.
Name of Agency Personnel Responsible for Drafting: Dan Mahar, 1600 South Second Street, Mount Vernon, WA, (360) 428-1617 ext. 203; Implementation and Enforcement: James B. Randles, 1600 South Street, Mount Vernon, WA, (360) 428-1617 ext. 208.
Name of Proponent: Northwest Air Pollution Authority, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.
Proposal Changes the Following Existing Rules: See Summary above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required.
RCW 34.05.328 does not apply to this rule adoption. The proposed amendments do not represent significant legislative action because they are being made to achieve consistency with statewide new source review programs established under chapter 173-400 WAC and the Washington SIP.
Hearing Location: Northwest Air Pollution Authority, 1600 South Second Street, Mount Vernon, WA 98273, on July 10, 2003, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Scott Alison by June 26, 2003, (360) 428-1617 ext. 200.
Submit Written Comments to: James B. Randles, Northwest Air Pollution Authority, 1600 South Second Street, Mount Vernon, WA 98273, fax (360) 428-1620, by July 10, 2003.
Date of Intended Adoption: July 10, 2003.
May 20, 2003
James B. Randles
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 03-12 issue of the Register.