WSR 05-15-075

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed July 14, 2005, 1:55 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Repeal of Spokane County Air Pollution Control Authority (SCAPCA) Regulation 1, Article 6, Section 6.16 Motor Fuel Specification for Oxygenated Gasoline and repeal of Regulation 1, Article 10, Section 10.11 Oxygenated Gasoline.

Hearing Location(s): Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on September 1, 2005, at 9:00 a.m.

Date of Intended Adoption: September 1, 2005.

Submit Written Comments to: Ronald J. Edgar, 1101 West College Avenue, Suite 403, Spokane, WA 99201, e-mail rjedgar@scapca.org, fax (509) 477-4727, by August 25, 2005.

Assistance for Persons with Disabilities: Contact Barbara Nelson by August 25, 2005, (509) 477-4727 x 116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repeal of section 6.16 will remove the requirements for oxygenated gasoline in Spokane County. Ethanol will no longer be mixed with gasoline during the winter months to reduce carbon monoxide emissions. Repeal of section 10.11 eliminates the fees associated with the oxygenated gasoline program.

Reasons Supporting Proposal: With the approval of a carbon monoxide maintenance plan by EPA for Spokane County it has been demonstrated that oxygenated gasoline is no longer needed to meet Clean Air Act requirements. Spokane's maintenance plan shows the region maintaining compliance with carbon monoxide standards without the use of oxygenated fuels.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: Chapter 70.94 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Ron Edgar, 1101 West College Avenue, Suite 403, Spokane, WA 99201, (509) 477-4727; and Enforcement: Matt Holmquist, 1101 West College Avenue, Suite 403, Spokane, WA 99201, (509) 477-4727.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule. RCW 34.05.328 does not apply to local air pollution control authority rule development/amendments.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 70.95.141(1), RCW 34.05.328 does not apply to this rule amendment.

July 8, 2005

Ronald J. Edgar

Chief of Technical Services

ARTICLE VI




EMISSIONS

PROHIBITED


ADOPTED: June 9, 1969


REVISED: October 7, 2004


EFFECTIVE: November 14, 2004


REPEALER


SECTION 6.16 MOTOR FUEL SPECIFICATIONS FOR OXYGENATED GASOLINE


A. Purpose. This Section establishes motor fuel specifications for oxygenated gasoline in order to reduce wintertime carbon monoxide emissions from gasoline powered motor vehicles.

B. Applicability. This Section applies to all blenders and to all retail sellers of oxygenated gasoline, intended as a final product for fueling of motor vehicles within the Spokane Control Area and supplied to purchasers within the Spokane Control Area, as defined in Chapter 173-492-070 of the Washington Administrative Code (WAC).

C. Definitions. Unless a different meaning is clearly required by context, words and phrases used in Section 6.16 shall have the following meaning:

1. Authority means the Spokane County Air Pollution Control Authority.

2. Conform and Conformity have the same meanings as the terms are used in Section 176(c) of the Federal Clean Air Act.

3. Ecology means the Washington Department of Ecology.

4. EPA means the United States Environmental Protection Agency or the Administrator of the United States Environmental Protection Agency or his/her designated representative.

5. Federal Clean Air Act means the Federal Clean Air Act, also known as Public Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990.

6. Forecast Of Vehicle Miles Traveled has the same meaning as in Section 187 (a)(2) of the Federal Clean Air Act.

7. Implementation Plan has the same meaning as in Section 110 of the Federal Clean Air Act, as it pertains to the Spokane Carbon Monoxide Nonattainment Area.

8. Maintenance Plan has the same meaning as in Section 175A of the Federal Clean Air Act, pertaining to revisions of the applicable implementation plan.

9. Maximum Allowable Oxygenate means the maximum amount of an oxygenate which may be added to gasoline without exceeding the limits for fuel additives established under Section 211(f) of the Federal Clean Air Act.

10. Metropolitan Planning Organization has the same meaning as in Chapter 173-420 WAC.

11. Reasonable Further Progress has the same meaning as in Section 171(1) of the Federal Clean Air Act.

12. Spokane Carbon Monoxide Nonattainment Area has the same meaning as in CFR Title 40, Part 81.

13. Transportation Improvement Program has the same meaning as in Chapter 173-420 WAC, to the extent that it applies to the Spokane Carbon Monoxide Nonattainment Area.

14. Transportation Plan has the same meaning as in Chapter 173-420 WAC, to the extent that it applies to the Spokane Carbon Monoxide Nonattainment Area.

D. Adoption of state regulation by reference. Except for Subsections 173-492-040 (1) and (2), Chapter 173-492 WAC is hereby adopted by reference, to the extent that it applies to the Spokane Control Area.

E. Blend and retail sale requirements for gasoline with non-ethanol oxygenates. Gasoline shall contain the maximum allowable oxygenate for the control period, unless the oxygenate is ethanol.

F. Blend and retail sale requirements for gasoline with ethanol as an oxygenate. The following requirements shall apply:

1. Oxygen in the gasoline shall be no less than 3.2% by weight for the control period beginning on September 1, 1995 and ending February 29, 1996.

2. Oxygen in the gasoline shall be no less than 2.7% by weight for the control period beginning in 1996 and for all subsequent control periods.

G. Conformity blend and retail sale requirement for gasoline with ethanol as an oxygenate. Notwithstanding Subsection F., the following requirement shall apply after the applicable Metropolitan Planning Organization, Ecology, and the Authority determine, after consultation that, due solely to an exceedance of a forecast of vehicle miles traveled, a higher level of oxygen in gasoline than what is required in Subsection F., is necessary in order for the Transportation Plan or the Transportation Improvement Program to conform to the Implementation Plan or Maintenance Plan:

1. Oxygen in the gasoline shall be no less than 3.2% by weight, for the control period beginning in the year for which the higher level of oxygen is projected as necessary to show conformity, and for all subsequent control periods.

H. Contingency blend and retail sale requirements for gasoline with ethanol as an oxygenate. Notwithstanding Subsections F. or G., gasoline shall contain the maximum allowable oxygenate, as of the initial control period beginning after EPA makes any one of the following findings in Subsection H.1., H.2., or H.3., relative to the Spokane Carbon Monoxide Nonattainment Area, in conjunction with the finding in Subsection H.4.:

1. Failure to make Reasonable Further Progress.

2. Failure to timely attain a National Ambient Air Quality Standard for carbon monoxide.

3. Violation of a National Ambient Air Quality Standard for carbon monoxide after 1995.

4. Wintertime emissions from gasoline powered motor vehicles are determined by the EPA, in consultation with Ecology and the Authority to be a contributing factor to such failure or violation.

The maximum allowable oxygenate requirement shall remain in effect for the duration of the initial control period and all subsequent control periods until the Authority proposes and EPA determines that subsequent reductions in carbon monoxide emissions, achieved through other control measures or strategies, are sufficient to correct the referenced failure or violation. Upon such determination by EPA, the applicable oxygenate requirement in Subsection F. or G. shall apply, as of the beginning of the control period immediately following the determination.

I. Test method. Compliance with requirements in this Section for oxygen in gasoline, including maximum allowable oxygenate, shall be determined by ASTM 4815-89; Determination of C1 and C2 Alcohols and MTBE in Gasoline by Gas Chromatography, or other test methods as approved by Ecology.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

ARTICLE X




FEES AND

CHARGES


ADOPTED: September 12, 1991


REVISED: March 4, 2004


EFFECTIVE: April 10, 2004


REPEALER


SECTION 10.11 OXYGENATED GASOLINE


A. Pursuant to Chapter 173-492 WAC, the following annual fees shall be paid by blenders of oxygenated gasoline for sale in the Spokane Control Area.


Small Volume (<100,000 Gallons/Month) $170
Medium Volume (100,000 to <1,000,000 Gallons/Month $335
Large Volume (1,000,000 to <15,000,000 Gallons/Month $2,070
Very Large Volume (>15,000,000 Gallons/Month $5,170

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office