PROPOSED RULES
CLEAN AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: Amend Regulation I, Section 6.01 (Components of New Source Review Program).
Hearing Location(s): Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on September 22, 2005, at 9:15 a.m.
Date of Intended Adoption: September 22, 2005.
Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by September 21, 2005.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by September 15, 2005, TTY (800) 833-6388 or (800) 833-6385 (Braille).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: On January 10, 2005, ecology adopted updated provisions of chapter 173-400 WAC (effective February 10, 2005) and our references to these ecology rules (listed in Regulation I, Section 6.01) need to be updated to be consistent with the latest version. New provisions of these ecology regulations are also being included in this proposal to support future Notice of Construction program needs.
Reasons Supporting Proposal: We need to update our references to be consistent with the latest version of ecology's rules in chapter 173-400 WAC, and to include provisions to support future Notice of Construction program needs.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.
Name of Proponent: Puget Sound Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4067; Implementation and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.
July 29, 2005
Jim Nolan
Director - Compliance
AMENDATORY SECTIONREGULATION I SECTION 6.01 COMPONENTS OF NEW SOURCE REVIEW PROGRAM
(a) In addition to the provisions of this regulation, the
Agency adopts by reference and enforces the following
provisions of the new source review program established by the
Washington State Department of Ecology:
| WAC 173-400-030 | Definitions. (effective (( |
| WAC 173-400-081 | Startup and shutdown. (effective 9/20/93) |
| WAC 173-400-110 (3) and (6)-(10) | New source review (NSR).
(effective (( |
| WAC 173-400-112 | Requirements for new sources in
nonattainment areas. (effective
(( |
| WAC 173-400-113 | Requirements for new sources in
attainment or unclassifiable
areas. (effective (( |
| WAC 173-400-114 | Requirements for replacement or substantial alteration of emission control technology at an existing stationary source. (effective 9/15/01) |
| WAC 173-400-117 | Special protection requirements
for federal Class I areas.
(effective (( |
| WAC 173-400-171 | Public involvement. - excluding
references to chapter 173-460
WAC (effective (( |
| WAC 173-400-200 | Creditable stack height and
dispersion techniques. (effective
(( |
| WAC 173-400-560 | General order of approval. (effective 2/10/05) |
| WAC 173-400-700 | Review of major stationary sources of air pollution. (effective 2/10/05) |
| WAC 173-400-710 | Definitions. (effective 2/10/05) |
| WAC 173-400-720 | Prevention of significant deterioration (PSD). (effective 2/10/05) |
| WAC 173-400-730 | Prevention of significant deterioration application processing procedures. (effective 2/10/05) |
| WAC 173-400-740 | PSD permitting public involvement requirements. (effective 2/10/05) |
| WAC 173-400-750 | Revisions to PSD permits. (effective 2/10/05) |
| WAC 173-460-020 | Definitions. (effective 2/14/94) |
| WAC 173-460-040 (3)-(10) | New source review. (effective 2/14/94) |
| WAC 173-460-050 | Requirement to quantify emissions. (effective 2/14/94) |
| WAC 173-460-060 | Control technology requirements. (effective 8/21/98) |
| WAC 173-460-070 | Ambient impact requirement. (effective 9/18/91) |
| WAC 173-460-080 | Demonstrating ambient impact compliance. (effective 2/14/94) |
| WAC 173-460-090 | Second tier analysis. (effective 2/14/94) |
(c) The Washington State Department of Health is the permitting agency for radionuclides under chapter 246-247 WAC.
(d) The Energy Facility Site Evaluation Council (EFSEC) is the permitting agency for large natural gas and oil pipelines, electric power plants above 350 megawatts, new oil refineries or large expansions of existing facilities, and underground natural gas storage fields under chapter 463-39 WAC.