PERMANENT RULES
POLLUTION CONTROL AUTHORITY
Effective Date of Rule: Thirty-one days after filing.
Purpose: On July 6, 2006, the SCAPCA board postponed adoption of the proposed addition of Section 2.14 to SCAPCA Regulation I, Article II until additional language was added to clarify why SCAPCA does not implement and enforce the exceptions listed in Section 2.14.
SCAPCA Regulation 1 [I], Article II, Section 2.14 is informative in nature only; therefore, the revisions shown below are nonsubstantive and do not impact either implementation or enforcement of SCAPCA's Regulations.
SCAPCA Regulation 1 [I], Article II, Section 2.14 lists the Washington state regulations, Washington Administrative Codes (WACs) that SCAPCA implements and enforces.
It also lists the sections of chapter 173-400 WAC that SCAPCA does not implement and enforce. In addition, it provides the reasons why SCAPCA excepts these sections. SCAPCA has its own rules and regulations regarding the issues covered in the excepted sections of chapter 173-400 WAC.
Citation of Existing Rules Affected by this Order: Amending SCAPCA Regulation I.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 06-16-056 on July 27, 2006.
Changes Other than Editing from Proposed to Adopted Version:
• SCAPCA included additional language, clarifying that SCAPCA has its own regulations that cover the excepted sections to chapter 173-400 WAC.
• In addition, SCAPCA restructured SCAPCA Regulation 1 [I], Article II, Section 2.14 for format consistency with other sections of SCAPCA regulation.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 3, 2006.
August 4, 2006
Charles E. Studer
Environmental Engineer
NEW SECTIONSECTION 2.14 WASHINGTON ADMINISTRATIVE CODES (WACS)
A. The Authority implements and enforces the following Washington State WACs:
1. Chapter 173-400 WAC - General regulations for air pollution sources
a. Except for the following sections;
(1) Source Registration
(a) WAC 173-400-100 - Registerable source
(b) WAC 173-400-102 - Scope of registration and reporting requirements
(i) SCAPCA Regulation I, Article IV, replaces the registration requirements in WACs 173-400-100 & 102 for all air pollution sources in Spokane County.
(2) Stationary, portable and temporary source permitting
(a) WAC 173-400-035 - Portable and temporary sources,
(i) SCAPCA Regulation I, Article V, Sections 5.02.A.9, 5.02.I, and 5.08 replace the permitting requirements in WAC 173-400-035 for all portable and temporary sources in Spokane County.
(b) WAC 173-400-110 - New source review,
(i) SCAPCA Regulation I, Article V replaces the permitting requirements in WAC 173-400-110 for all new stationary sources installed or operated in Spokane County.
(3) Fees (SCAPCA has its own fee structure.)
(a) WAC 173-400-045 - Control technology fees,
(i) SCAPCA Regulation I, Article X, Sections 10.08.C replaces the review fees in WAC 173-400-045 for performing a Reasonably Available Control Technology (RACT) determination pursuant to Chapter 173-400-040 WAC and/or RCW 70.94.161 in Spokane County.
(b) WAC 173-400-104 - Registration fees,
(i) SCAPCA Regulation I, Article X, Sections 10.06 replaces registration fees assessed in WAC 173-400-104 for each air pollution source registered with SCAPCA.
(c) WAC 173-400-116 - New source review fees,
(i) SCAPCA Regulation I, Article X, Sections 10.07 replaces the fees assessed in WAC 173-400-116 to each facility that installs or operates a new air pollution source in Spokane County.
(4) Prevention of significant deterioration (PSD) program
(a) WAC 173-400-730 Prevention of significant deterioration application processing procedures,
(b) WAC 173-400-740 PSD permitting public involvement requirements, and
(c) WAC 173-400-750 Revisions to PSD permits.
(i) Ecology administers the Prevention of significant deterioration program (PSD); however, SCAPCA enforces it in Spokane County.
2. Chapter 173-401 WAC - Operating Permit Regulation
3. Chapter 173-425 WAC - Outdoor burning.
4. Chapter 173-430 WAC - Agricultural burning.
5. Chapter 173-433 WAC - Solid fuel burning devices.
6. Chapter 173-434 WAC - Solid waste incinerator facilities
7. Chapter 173-435 WAC - Emergency episode plan.
8. Chapter 173-460 WAC - Controls for new sources of toxic air pollutants
9. Chapter 173-470 WAC - Ambient air quality standards for particulate matter.
10. Chapter 173-474 WAC - Ambient air quality standards for sulfur oxides.
11. Chapter 173-475 WAC - Ambient air quality standards for carbon monoxide, ozone, and nitrogen dioxide.
12. Chapter 173-490 WAC - Emission standards and controls for sources emitting volatile organic compounds (VOC)
13. Chapter 173-491 WAC - Emission standards and controls for sources emitting gasoline vapors
Reviser's note: The unnecessary underlining 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.