WSR 05-17-131

PROPOSED RULES

SOUTHWEST

CLEAN AIR AGENCY

[ Filed August 19, 2005, 11:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-16-122.

Title of Rule and Other Identifying Information: SWCAA 400-045 Permit Application for Nonroad Engines, this is an existing section that identifies requirements for the submittal of permit applications for nonroad engine projects.

SWCAA 400-075 Emission Standards for Stationary Sources Emitting Hazardous Air Pollutants, this is an existing section that adopts by reference the federal standards relating to hazardous air pollutant standards contained in 40 C.F.R. Parts 63 and 65.

SWCAA 400-099 Per Capita Fees, this is an existing section that provides supplemental income to Southwest Clean Air Agency (SWCAA) by establishing and implementing a general "per capita" fee based on the proportional population of each component city, town, and county.

SWCAA 400-100 Registration Requirements, this is an existing section that identifies requirements for registration and inspection of air contaminant sources.

SWCAA 400-109 Air Discharge Permit Applications, this is an existing section that identifies requirements for submittal and a description of the process for submitting a notice of construction application.

SWCAA 400-115 Standards of Performance for New Sources, this is an existing section that adopts by reference the new source performance standards (NSPS) contained in 40 C.F.R. Part 60.

Hearing Location(s): Office of SWCAA, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, on November 3, 2005, at 3:00 p.m.

Date of Intended Adoption: November 3, 2005.

Submit Written Comments to: Wess Safford, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682-2452, e-mail wess@swcleanair.org, fax (360) 576-0925, by October 24, 2005.

Assistance for Persons with Disabilities: Contact Mary Allen by October 26, 2005, TTY (360) 574-3058.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SWCAA 400-045 Permit Application for Nonroad Engines, the proposed changes adjust permit application fees to provide more funding in support of agency work to process the affected applications.

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

SWCAA 400-099 Per Capita Fees, the proposed changes adjust the "per capita" assessment rate to provide additional funding for the agency.

SWCAA 400-100 Registration Requirements, the proposed changes adjust annual registration fees for air pollution sources to provide additional funding for the agency.

SWCAA 400-109 Air Discharge Permit Applications, the proposed changes adjust permit application fees to provide more funding in support of agency work to process the affected applications.

SWCAA 400-115 Standards of Performance for New Sources, the proposed changes update adoption reference dates and incorporate new federal regulations contained in 40 C.F.R. Part 60.

Reasons Supporting Proposal: SWCAA 400-045 Permit Application for Nonroad Engines, application fees are being adjusted in order to fund a budget shortfall associated with processing the affected permit applications and insure that permits continue to be processed in a timely fashion.

SWCAA 400-075 Emission Standards for Sources Emitting Hazardous Air Pollutants, in order to maintain proper enforcement authority for the affected regulations, this section must occasionally be updated to reflect new and revised federal standards found in 40 C.F.R. Parts 61 and 63. United States EPA expects regular updates of this section to support federal delegation of these programs.

SWCAA 400-099 Per Capita Fees, the "per capita" assessment rate is being adjusted to provide funding for a general budget shortfall at the agency and insure that the agency can continue to respond to air pollution complaints.

SWCAA 400-100 Registration Requirements, annual registration fees are being adjusted to provide funding for a general budget shortfall at the agency and insure that the agency can continue to conduct compliance inspections of registered air pollution sources.

SWCAA 400-109 Air Discharge Permit Applications, application fees are being adjusted in order to fund a budget shortfall associated with processing the affected permit applications and insure that permits continue to be processed in a timely fashion.

SWCAA 400-115 Standards of Performance for New Sources, in order to maintain proper enforcement authority for the affected regulations, this section must occasionally be updated to reflect new and revised federal standards found in 40 C.F.R. Part 60. United States EPA expects regular updates of this section to support federal delegation of this program.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: RCW 70.94.141.

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

Name of Proponent: Southwest Clean Air Agency (SWCAA), governmental.

Name of Agency Personnel Responsible for Drafting: Wess Safford, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058; Implementation: Paul Mairose, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058; and Enforcement: Robert Elliott, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes proposed by SWCAA are consistent with federal or state rules already in effect. This agency is not subject to the small business economic impact provision of chapter 19.85 RCW. A fiscal analysis has been performed to establish the basis for any proposed fee increases. Copies of this analysis are available from SWCAA.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. SWCAA is not voluntarily invoking section 201, chapter 403, Laws of 1995 for this action.

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 05-18 issue of the Register.

Washington State Code Reviser's Office