WSR 06-09-059

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed April 17, 2006, 2:30 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Spokane County Air Pollution Control Authority (SCAPCA) Regulation I; Revise Regulation I, Article II, Sections 2.12 - Restraining Orders -- injunctions; Revise Regulation I, Article II, Section 2.13 - Federal Regulation Reference Date; and add Section 2.24 - Washington Administrative Codes (WACS).

Hearing Location(s): Spokane County Public Works Building, 1206 West Broadway, Hearing Room, Lower Level, Spokane, WA 99201, on July 7, 2006, at 9:00 a.m.

Date of Intended Adoption: July 7, 2006.

Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, e-mail cestuder@scapca.org, fax (509) 459-6828, by 4:30 p.m. Thursday, May 20, 2006.

Assistance for Persons with Disabilities: Contact Charles Studer by 4:30 p.m. Friday, June 30, 2006, (509) 4727 [477-4727] ext. 107.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revise Section 2.12 by adding the title "Restraining Orders -- Injunctions" to clarify the purpose of the section.

Revise Section 2.13 by changing the federal rules and regulations effective date to July 1, 2006, from March 04, 2004, for those federal rules and regulations that SCAPCA implements and enforces. These rules and regulations are listed in SCAPCA Regulation 1, Article IV, "Exhibit R items #7, #8.a., and #8.b.".

Added Section 2.14, this section was added [to] clarify which Washington state WACs that SCAPCA implements and enforces and which sections of the Washington state WACs that SCAPCA does not implement and enforce.

Anticipated Effects: Section 2.12, clarification of what the section addresses.

Section 2.13, allows SCAPCA engineering and compliance staff to reference the latest revisions of existing or new federal rules and regulations.

Section 2.14, clarifies what sections of the WACs that SCAPCA implements and enforces and those sections that it does not.

Reasons Supporting Proposal: Clarity, allows SCAPCA staff to implement and enforce the latest revisions to existing and new rules and regulations that have been promulgated since March 4, 2004.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.

Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.

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, Implementation and Enforcement: Spokane County Air Pollution Control Authority, 1101 West College, #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. Chapter 19.85 RCW 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 70.94.141(1), RCW 34.05.328 does not apply to this rule amendment.

Friday, April 10, 2006

Charles E. Studer

Environmental Engineer

AMENDATORY SECTION (Amending Order Res. 04-01, Filed 03/04/2004)


SECTION 2.12 RESTRAINING ORDERS -- INJUNCTIONS (SEE RCW 70.94.425)


The Authority implements and enforces RCW 70.94.425.


SECTION 2.13 FEDERAL REGULATION REFERENCE DATE

AMENDATORY SECTION (Amending Order Res. 04-01, Filed 03/04/2004)


Whenever federal laws or regulations are referenced in this Regulation, the effective date shall be ((March 04, 2004)) July 1, 2006, unless otherwise noted.

NEW SECTION


SECTION 2.14 WASHINGTON ADMINISTRATIVE CODES (WACS)


The Authority implements and enforces the following Washington State WACs, except where noted below or where a section is exclusively reserved for Ecology:

A. Chapter 173-400 WAC - General regulations for air pollution sources

1. Exceptions

a. WAC 173-400-035 - Portable and temporary sources,

b. WAC 173-400-045 - Control technology fees,

c. WAC 173-400-104 - Registration fees,

d. WAC 173-400-110 - New source review (NSR),

e. WAC 173-400-116 - New source review fees,

f. WAC 173-400-730 Prevention of significant deterioration application processing procedures,

g. WAC 173-400-740 PSD permitting public involvement requirements, and

h. WAC 173-400-750 Revisions to PSD permits.

B. Chapter 173-401 WAC - Operating Permit Regulation

C. Chapter 173-425 WAC - Outdoor burning.

D. Chapter 173-430 WAC - Agricultural burning.

E. Chapter 173-433 WAC - Solid fuel burning devices.

F. Chapter 173-434 WAC - Solid waste incinerator facilities

G. Chapter 173-435 WAC - Emergency episode plan.

H. Chapter 173-460 WAC - Controls for new sources of toxic air pollutants

I. Chapter 173-470 WAC - Ambient air quality standards for particulate matter.

J. Chapter 173-474 WAC - Ambient air quality standards for sulfur oxides.

K. Chapter 173-475 WAC - Ambient air quality standards for carbon monoxide, ozone, and nitrogen dioxide.

L. Chapter 173-490 WAC - Emission standards and controls for sources emitting volatile organic compounds (VOC)

M. Chapter 173-491 WAC - Emission standards and controls for sources emitting gasoline vapors

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office