Date of Adoption: October 2, 2003.

     Purpose: SWCAA 400-030 Definitions, this is an existing section. Proposed revisions to this section incorporate recent changes made in WAC 173-400-030, and the addition of new definitions that do not appear in the current version of SWCAA 400-030.

     SWCAA 400-040 General Standards for Maximum Emissions, this is an existing section. The proposed changes consist of minor administrative editing.

     SWCAA 400-045 Permit Application for Nonroad Engines, this is a new section. The proposed section is intended to provide a mechanism for the submittal of permit applications for projects involving units that meet the federal definition of "nonroad engine."

     SWCAA 400-046 Application Review Process for Nonroad Engines, this is a new section. The proposed section is intended to provide a mechanism for the review and approval of projects involving units that meet the federal definition of "nonroad engine."

     SWCAA 400-050 Emission Standards for Combustion and Incineration Units, this is an existing section. The proposed changes incorporate new standards for "commercial and industrial solid waste incineration units" and "small municipal waste combustion units." The proposed standards are consistent with requirements adopted by ecology in 2001.

     SWCAA 400-052 Stack Sampling of Large Combustion Sources, this is an existing section. The proposed changes are intended to clarify the requirements of the section. The intent and meaning of the section remain unchanged with no significant changes in testing frequency or methodology.

     SWCAA 400-060 Emission Standards for General Process Units, this is an existing section. The date of the EPA test method reference contained in the section (40 C.F.R. 60, Appendix A) is being updated. No other changes are proposed.

     SWCAA 400-070 Emission Standards for Certain Source Categories, this is an existing section. The proposed changes incorporate requirements for source categories recently added to WAC 173-400-070, and the addition of new emission standards for source categories not currently included in WAC 173-400-070.

     SWCAA 400-075 Emission Standards for Sources Emitting Hazardous Air Pollutants, this is an existing section. The proposed changes update adoption reference dates and incorporate new federal regulations contained in 40 C.F.R. Parts 63 and 65.

     SWCAA 400-076 Emission Standards for Sources Emitting Toxic Air Pollutants, this is an existing section. The proposed changes update the definitions, cross sectional references, and sectional titles found in the text of SWCAA 400-076, and make minor corrections to maintain consistency with other sections of SWCAA 400.

     SWCAA 400-081 Startup and Shutdown, this is an existing section. The proposed changes consist of minor administrative editing and small changes made in response to EPA comments. The proposed revision does not contain any substantive changes.

     SWCAA 400-091 Voluntary Limits on Emissions, this is an existing section. The proposed changes consist of minor changes in terminology to maintain consistency with other sections of SWCAA 400.

     SWCAA 400-100 Registration Requirements, this is an existing section. The proposed changes correct outdated text and remove the operating permit program fee schedule (SWCAA 400-100(4)) from the section. The operating permit fee schedule is being moved to a new section because operating permit sources are not subject to the registration program, and the current format can be confusing to the public and affected sources.

     SWCAA 400-101 Emission Units Exempt from Registration Requirements, this is an existing section. The proposed changes clarify the applicability language of the section and remove a number of exemption categories.

     SWCAA 400-103 Operating Permit Fees, this a new section. The proposed section makes the fee schedule for operating permit sources into a self-contained rule section. The fee schedule is currently contained within the text of SWCAA 400-100 "Registration Requirements and Operating Permit Fees" along with requirements for SWCAA's registration program. This format is confusing and inappropriate because operating permit sources are not subject to any element of the registration program.

     SWCAA 400-105 Records, Monitoring and Reporting, this is an existing section. The proposed changes update references to the Code of Federal Regulations and make administrative corrections.

     SWCAA 400-106 Emission Testing and Monitoring at Air Contaminant Sources, this is an existing section. The proposed changes incorporate new monitoring requirements for combustion sources. The new requirements are equivalent to the emission monitoring requirements currently implemented on a case-by-case basis in approval orders for combustion sources.

     SWCAA 400-107 Excess Emissions, this is an existing section. The proposed changes expand the existing section to include notification and reporting requirements for all excess emissions. The proposed language provides more detailed requirements for reporting excess emissions than found in the existing section.

     SWCAA 400-109 Air Discharge Permit Applications, this is an existing section. The proposed changes incorporate new terminology, addition of the existing permit application fee table from SWCAA 400-110, and minor administrative changes.

     SWCAA 400-110 Application Review Process for Stationary Sources (New Source Review), this is an existing section. The proposed changes incorporate new terminology, removal of the Notice of Construction application fee schedule, new requirements consistent with SWCAA 400-117, clarification of portable source applicability under SWCAA 400-110(6), approval criteria for modification of approval conditions, and minor administrative changes.

     SWCAA 400-111 Requirements for New Sources in a Maintenance Plan Area, this is an existing section. The proposed changes incorporate administrative editing and minor text changes intended to improve consistency with the format of SWCAA 400-112 and 400-113.

     SWCAA 400-112 Requirements for New Sources in Nonattainment Areas, this is an existing section. The proposed changes incorporate administrative changes, previously uncited requirements from 40 C.F.R. 51, Appendix S, new requirements consistent with WAC 173-400-117, changes in terminology, and correction of outdated references and requirements.

     SWCAA 400-113 Requirements for New Sources in Attainment or Nonclassifiable Areas, this is an existing section. The proposed changes incorporate minor text changes intended to improve consistency with the format of SWCAA 400-111 and 400–112, new requirements consistent with WAC 173-400-117, and administrative editing.

     SWCAA 400-114 Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source, this is an existing section. The proposed changes incorporate new terminology and minor administrative editing.

     SWCAA 400-115 Standards of Performance for New Sources, this is an existing section. The proposed changes incorporate updated adoption references and minor format changes intended to improve consistency with the corresponding sections of the WAC.

     SWCAA 400-116 Maintenance of Equipment, this is an existing section. The proposed changes incorporate new terminology and clarification of requirements.

     SWCAA 400-130 Use of Emission Reduction Credits, this is an existing section. The proposed changes correct outdated references in the text of the section.

     SWCAA 400-131 Deposit of Emission Reduction Credits Into Bank, this is an existing section. The proposed changes incorporate administrative changes and a modification of the processing timeline for ERC applications.

     SWCAA 400-136 Maintenance of Emission Reduction Credits in Bank, this is an existing section. The proposed changes incorporate minor clarifications and administrative changes.

     SWCAA 400-140 Protection of Ambient Air Increments, this is a new section. The proposed section creates a mechanism for protection of ambient air increments pursuant to 40 C.F.R. 51.166 et seq.

     SWCAA 400-141 Prevention of Significant Deterioration (PSD), this is an existing section. The proposed changes update the section to match the format and meaning of WAC 173-400-141 as currently adopted.

     SWCAA 400-151 Retrofit Requirements for Visibility Protection, this is an existing section. The proposed changes update the section to match the format and meaning of WAC 173-400-151 as currently adopted.

     SWCAA 400-171 Public Involvement, this is an existing section. The proposed changes revise the public involvement requirements for agency permitting and other proposed actions. These changes incorporate public notice via the internet, and correct a number of identified deficiencies in the current public involvement provisions of SWCAA 400-171.

     SWCAA 400-180 Variance, this is an existing section. The proposed changes incorporate an updated reference to EPA.

     SWCAA 400-190 Requirements for Nonattainment Areas, this is an existing section. The proposed changes incorporate new terminology.

     SWCAA 400-230 Regulatory Actions and Civil Penalties, this is an existing section. The proposed changes incorporate new terminology and administrative editing.

     SWCAA 400-250 Appeals, this is an existing section. The proposed changes revise existing provisions to improve consistency with applicable state regulations.

     SWCAA 400-270 Confidentiality of Records and Information, this is an existing section. The proposed changes are intended to make the definition of confidential information more consistent with applicable state regulations and clarify how SWCAA uses and handles such information.

     SWCAA 400, Appendix A, SWCAA Method 9/Visual Opacity Determination Method, this is an existing section. The proposed changes incorporate minor administrative editing and an updated federal regulation reference.

     Citation of Existing Rules Affected by this Order: Amending SWCAA 400-030, 400-040, 400-050, 400-052, 400-060, 400-070, 400-075, 400-076, 400-081, 400-091, 400-100, 400-101, 400-105, 400-106, 400-107, 400-109, 400-110, 400-111, 400-112, 400-113, 400-114, 400-115, 400-116, 400-130, 400-131, 400-136, 400-141, 400-151, 400-171, 400-180, 400-190, 400-230, 400-250, 400-270, Appendix A.

     Statutory Authority for Adoption: RCW 70.94.141.

      Adopted under notice filed as WSR 03-15-098 on July 21, 2003.

     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 4, Amended 35, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 35, 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 4, Amended 35, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

October 7, 2003

Robert D. Elliott

Executive 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 03-23 issue of the Register.

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