Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-01-181.

     Title of Rule and Other Identifying Information: Chapter 463-78 WAC, General and operating permit regulations for air pollution sources.

     Hearing Location(s): Energy Facility Site Evaluation Council, 925 Plum Street S.E., Building 4, Conference Room 308, Olympia, WA 98504-3172, on February 14, 2006, at 1:30 p.m.

     Date of Intended Adoption: February 14, 2006.

     Submit Written Comments to: Allen J. Fiksdal, EFSEC Manager, P.O. Box 43172, Olympia, WA 98504-3172, e-mail efsec@cted.wa.gov, fax (360) 956-2158, by February 7, 2006, 5:00 p.m.

     Assistance for Persons with Disabilities: Contact Irina Makarow by February 7, 2006, (360) 956-2047.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to update energy facility site evaluation council's (EFSEC's) air rules (chapter 463-78 WAC) to make them consistent with the federal prevention of significant deterioration (PSD) and ecology's new source review (NSR) programs, and to clarify procedures for appeals of air permits and source registration. The following changes are being made: WAC 463-78-005, update adoption by reference of ecology regulations; WAC 463-78-030, make consistent with current ecology rules; WAC 463-78-100, clarify registration requirements with text that can be approved into the state implementation plan; WAC 463-78-115, update adoption by reference of federal regulations; and WAC 463-78-140, clarify permit appeals procedures and make consistent with state statute.

     Reasons Supporting Proposal: In February 2005, ecology finalized revision of its rules relating to air emission regulation (in particular chapter 173-400 WAC), to incorporate new federal requirements under the PSD program that became effective in 2003, and to reorganize and simplify their rules. In order to implement its own air emission rules, EFSEC adopts ecology and federal rules for air emissions. EFSEC has been delegated authority to issue federal air emission permits by the United States Environmental Protection Agency (US EPA). EFSEC must adopt the proposed rules to maintain consistency with federal requirements. Consistency is necessary for EFSEC to retain and exercise its delegated authority from the US EPA to implement federal Clean Air Act programs and regulations for facilities under EFSEC jurisdiction. Updating the rules will also make the review and control of air emissions consistent with current state requirements.

     Statutory Authority for Adoption: RCW 80.50.040 (1) and (12).

     Statute Being Implemented: Chapter 80.50 RCW.

     Rule is necessary because of federal law, Federal Clean Air Act.

     Name of Proponent: Energy facility site evaluation council, governmental.

     Name of Agency Personnel Responsible for Drafting: Irina Makarow, Olympia, (360) 956-2047; Implementation: Allen J. Fiksdal, Olympia, (360) 956-2152; and Enforcement: Mike Mills, Olympia, (360) 956-2151.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed changes to chapter 463-78 WAC are exempt from the requirements to prepare a small business economic impact statement because they are adopting federal requirements without material change, adopting rules of another Washington state agency without material change, and clarifying language of a rule without changing its effect. See RCW 19.85.025(3) and 34.05.310 (4)(c) and (d).

     A cost-benefit analysis is not required under RCW 34.05.328. The proposed changes to chapter 463-78 WAC are exempt from the requirements of RCW 34.05.328 because they are adopting federal requirements without material change, adopting rules of another Washington state agency without material change, and clarifying language of a rule without changing its effect. See RCW 34.05.328 (5)(b)(iii) and (iv).

December 9, 2005

Allen J. Fiksdal

EFSEC Manager

     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 06-02 issue of the Register.