WSR 05-16-006

PERMANENT RULES

NORTHWEST

CLEAN AIR AGENCY

[ Filed July 21, 2005, 1:36 p.m. , effective August 21, 2005 ]


Purpose: The regulation amendments will allow the NWCAA to clarify various sections of our rules. (See Summary below).

Citation of Existing Rules Affected by this Order: Amendatory Sections

SECTION 100 - NAME OF AGENCY, revise to facilitate agency name change.

SECTION 102 - POLICY, delete option for alternative compliance methods to eliminate Control Officer discretion.

SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES, update to incorporate new or revised state and federal regulations.

SECTION 131 - VIOLATION - NOTICES, clarify enforcement procedures and authority.

SECTION 133 - CIVIL PENALTY, clarify enforcement procedures and increase maximum civil penalty amount to account for inflation.

SECTION 200 - DEFINITIONS, revise to provide regulatory clarification.

SECTION 300 - NEW SOURCE REVIEW, minor revisions to provide consistency with the state new source review (NSR) program found in WAC 173-400-110. Add a subsection requiring sources to comply with their order of approval to construct (OAC).

SECTION 301 - TEMPORARY SOURCES, limit the regulation of nonroad engines to those that operate in a stationary manner.

SECTION 320 - REGISTRATION PROGRAM, minor clarifications.

SECTION 324 - FEES, clarify fee categories and update fee schedules through calendar year 2007.

SECTION 325 - TRANSFER OR PERMANENT SHUTDOWN, rename section and add notification and lockout requirements for sources that are permanently shutdown.

SECTION 340 - REPORT OF UPSET AND BREAKDOWN, revise reporting requirements for breakdown and upsets events that exceed emissions limits.

SECTION 341 - REPORT OF SHUTDOWN OR STARTUP, minor clarifications, reduce the time required for the advanced notification, and add reporting requirement for shutdowns or startups that exceed emission limits.

SECTION 342 - OPERATION AND MAINTENANCE, minor clarifications.

SECTION 424 - OZONE STANDARD, revise to reflect the new federal 0.08 ppm, 8-hour, ambient ozone standard.

SECTION 460 - WEIGHT/HEAT RATE STANDARD - EMISSION OF SULFUR COMPOUNDS, provides clarifications and eliminates an unnecessary exemption.

SECTION 502 - OUTDOOR BURNING, add definitions and add a provision to deny the fire permits to a party if there is an outstanding penalty due for a Section 502 violation.

SECTION 550 - PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE, minor clarifications and revise the control standard from best available control technology (BACT) to reasonable available control technology (RACT) because RACT is applicable only to existing sources per the Washington State Clean Air Act.

SECTION 570 - ASBESTOS CONTROL STANDARDS, revise criteria for asbestos removal notification, remove optional notification amendments and adjust notification fee schedule.

SECTION 590 - PERCHLOROETHYLENE DRY CLEANERS, add requirement to keep records on-site and available for inspection.


New Sections

SECTION 305 - PUBLIC INVOLVEMENT, this new section provides a process for public involvement when handling notice of construction (NOC) application, orders of approval to construct (OAC) revisions and other similar agency actions. This section is being added as an alternative to the state public involvement procedures of WAC 173-400-171.

SECTION 367 - GENERAL REQUIREMENTS FOR MONITORING AND TESTING, this new section along with Appendix A is a rewrite of the requirements for operating ambient and continuous emission monitors (CEMs) and the requirements for emission stack testing. Section 367 and Appendix A replaces Sections 360, 365, 366 and the NWCAA "Guidelines for Industrial Monitoring Equipment and Data Handling" that previously applied to these activities.

SECTION 403 - PARTICULATE STANDARDS (PM-2.5), add new federal ambient standard for fine particulate matter.

SECTION 506 - SOLID BURNING DEVICE STANDARDS, repeal existing Section 480 and rewrite under Section 506. Revisions include minor clarifications, new requirements for the installation of solid fuel heating devices, and clarifies under which conditions a resident can exercise an exemption during burn bans.

Repealers

SECTION 130 - CITATIONS - NOTICES, delete as this section is not necessary for enforcement.

SECTION 312 - ENVIRONMENTAL POLICY GUIDELINES, this old and outdated version of State Environmental Policy Act (SEPA) rules is being deleted. The agency will address the SEPA processing for applicable action items by incorporating chapter 197-11 WAC, SEPA rules, by reference in Section 104.

SECTION 360 - TESTING AND SAMPLING, these requirements are now contained in new Section 367 and Appendix A.

SECTION 365 - MONITORING, these requirements are now contained in new Section 367 and Appendix A.

SECTION 366 - INSTRUMENT CALIBRATION, these requirements are now contained in new Section 367 and Appendix A.

SECTION 480 - SOLID FUEL BURNING DEVICE STANDARDS, this section is being replaced by Section 506.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 05-10-098 on May 4, 2005.

A final cost-benefit analysis is available by contacting Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, phone (360) 428-1617, fax (360) 428-1620, e-mail jamie@nwcleanair.org.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 1, 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 5, Amended 20, Repealed 6.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 20, Repealed 6.

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.

Date Adopted: July 14, 2005.

James B. Randles

Control Officer

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 05-17 issue of the Register.

Washington State Code Reviser's Office