WSR 07-07-084

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed March 16, 2007, 12:21 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Name change to Spokane Regional Clean Air Agency. The board of Spokane County Air Pollution Control Authority has directed staff to change the agency's name to Spokane Regional Clean Air Agency (SRCAA). The amendments to Regulation I are for the most part to change the agency's name wherever it occurs, except for Article VI, Section 6.17, Articles IX and X, which during this revision are being revised by others. The equivalent revisions will be included in their submittals. In addition, an administrative change was made to Section 1.04 - Definitions to delete the lettering system for the definitions in order to make addition or deletion of definitions more flexible. The definition "agency" is being included in Section 1.04.

Article II, Section 2.13 is being revised to include the federal regulation reference dates in the state of Washington's WAC 173-400-115, 173-400-075(1), and 173-400-075 (6)(a). The aforementioned sections of chapter 173-400 WAC are being adopted into SCAPCA's regulation by reference. This will allow SCAPCA to use the more recent date between SCAPCA and ecology rules for enforcement of federal standards.

Articles and sections within SCAPCA's regulation being revised to incorporate the name change are: Article I, Sections 1.01, 1.02, 1.03, and 1.04; Article II, Sections 2.13, and 2.14; Article V, Section 5.04; and Article VI, Sections 6.01, 6.11, 6.14, and 6.15.

Hearing Location(s): Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on May 3, 2007, at 9:00 a.m.

Date of Intended Adoption: May 3, 2007.

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) 466-6828, by 4:30 p.m., April 10, 2007.

Assistance for Persons with Disabilities: Contact Charles Studer by 4:30 p.m., April 2, 2007, (509) 477-4727 ext. 107.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Change the name of the agency from Spokane County Air Pollution Control Authority to Spokane Regional Clean Air Agency throughout the regulation, except for Article VI, Section 6.17, Articles IX and X, which will be revised in a separate submittal.

Change the agency acronym from SCAPCA to SRCAA, throughout the regulation, except for Articles IX and X, which will be revised in a separate submittal.

Administratively remove the lettering scheme in Section 1.04 and add the definition for "agency."

Revise the federal regulation reference date so that it includes the more recent date of Article I Section 2.13 or the dates listed in WAC 173-400-115, 173-400-075(1), and 173-400-075 (6)(a).

Adopt by reference, WAC 173-400-115, 173-400-075(1), and 173-400-075 (6)(a).

Revise an inaccurate reference in Section 2.14.A.1.a. (3)(a)(i) from RCW 70.94.161 to 70.94.154.

Reasons Supporting Proposal: Name change, administrative changes to make revisions to Section 1.04 easier, corrections to references, and adopting certain sections of chapter 173-400 WAC into SCAPCA's regulation to enhance enforcement of federal rules and standards.

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: Charles E. Studer, Spokane County Air Pollution Control Authority, (509) 477-4727 ext. 107.

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. This is a local air pollution control authority rule. RCW 34.05.328 does not apply to local air pollution control authority rule development/amendments.

March 16, 2007

William O. Dameworth

Director

ARTICLE I


POLICY, SHORT TITLE, AND DEFINITIONS...

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

SECTION 1.01 POLICY


The Authority ((Spokane County Air Pollution Control Authority)), co-extensive with the boundaries of Spokane County, having been activated pursuant to ((by)) the Washington Clean Air Act, Chapter 70.94 RCW as amended shall be known and cited as the "Spokane Regional Clean Air Agency," and hereinafter may be cited as the "SRCAA", the "Agency", or the "Authority". ((,)) The Authority adopts the following Regulation to control the emissions of air contaminants from all stationary sources within the jurisdiction of the Authority; to provide for the uniform administration and enforcement of the Authority's Regulation; and to carry out the requirements and purposes of the Washington Clean Air Act (WCAA).

It is hereby declared to be the public policy of the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency to secure and maintain such levels of air quality that protect human health and safety, including the health and safety of the most sensitive members of the population, to comply with the requirements of the Federal Clean Air Act (FCAA), to prevent injury to plant and animal life and to property, to foster the comfort and convenience of its inhabitants, to promote the economic and social development of the County and to facilitate the enjoyment of the natural attractions of the County....

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

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

SECTION 1.02 NAME OF AUTHORITY


The name of the County Air Pollution Control Authority, co-extensive with the boundaries of Spokane County, shall be known as the "((SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY)) SPOKANE REGIONAL CLEAN AIR AGENCY" (((SCAPCA)))(SRCAA).

Any reference to the Spokane County Air Pollution Control Authority, SCAPCA, or the Authority in any document previously issued by the Authority, including without limitation regulations, orders, permits, judgments, letters and the like shall be deemed reference to the Spokane Regional Clean Air Agency or SRCAA.

AMENDATORY SECTION (Amending Order Initial Adoption, Filed 6/9/1969)

SECTION 1.03 SHORT TITLE


This regulation shall be known and cited as "Regulation I of the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency."

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

SECTION 1.04 GENERAL DEFINITIONS...


Unless otherwise defined differently in an Article of this Regulation, the following definitions apply to all of this Regulation:...

Agency means the same as "Authority"....

((L.)) Authority means ((Spokane County Air Pollution Control Authority (SCAPCA))) Spokane Regional Clean Air Agency (SRCAA), or with regard to new source review, any other designated permitting agency....

((P.)) Board means Board of Directors of the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency....

((Z.)) Control Officer means the Air Pollution Control Officer for the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency or his/her duly authorized representative....

ARTICLE II


GENERAL PROVISIONS...

AMENDATORY SECTION (Amending Order Res. 06-08, Filed 07/13/2006)

SECTION 2.13 FEDERAL REGULATION REFERENCE DATE


A. Whenever federal laws or regulations are referenced in this Regulation, the effective date shall be the most recent date of either July 1, 2006, unless otherwise noted or the applicable adoption date listed in:

1. WAC 173-400-115 for standards presented in 40 CFR Part 60 and Appendices, which is hereby adopted by reference,

2. WAC 173-400-075(1) for standards presented in 40 CFR Part 61 and Appendices, which is hereby adopted by reference, or

3. WAC 173-400-075 (6)(a) for standards presented in 40 CFR Part 63 and Appendices, which is hereby adopted by reference.

AMENDATORY SECTION (Amending Order Res. 06-10, Filed 08/03/2006)

SECTION 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 s)) Source classifications

(b) WAC 173-400-102 - Scope of registration and reporting requirements

(i) ((SCAPCA)) SRCAA 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)) SRCAA 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)) SRCAA 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)) SRCAA has its own fee structure).

(a) WAC 173-400-045 - Control technology fees,

(i) ((SCAPCA)) SRCAA 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))154 in Spokane County.

(b) WAC 173-400-104 - Registration fees,

(i) ((SCAPCA)) SRCAA Regulation I, Article X, Sections 10.06 replaces registration fees assessed in WAC 173-400-104 for each air pollution source registered with ((SCAPCA)) SRCAA.

(c) WAC 173-400-116 - New source review fees,

(i) ((SCAPCA)) SRCAA 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....

(c) WAC 173-400-750 Revisions to PSD permits.

(i) Ecology administers the Prevention of significant deterioration program (PSD); however, ((SCAPCA)) SRCAA enforces it in Spokane County....

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

ARTICLE V


NEW, MODIFIED, AND TEMPORARY STATIONARY SOURCES AND REPLACEMENT OR ALTERATION OF EMISSIONS CONTROL EQUIPMENT...

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

SECTION 5.04 INFORMATION REQUIRED


A. Each Notice of Construction and Application for Approval or Notice of Intent to Install and Operate a Temporary Stationary Source shall be accompanied by appropriate documentation that provides a detailed description of the stationary source. Such information shall include, but is not limited to:...

8. a. The owner or operator shall provide documentation that the requirements of Article XI of this Regulation (Spokane Environmental Ordinance) have been met.

b. If ((SCAPCA)) the Authority is the lead agency for review of an Environmental Checklist (SEPA) or Environmental Impact Statement (EIS) related to the Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source application being submitted, then the person filing the SEPA shall pay a SEPA review fee according to Article X, Section 10.07.E. of this Regulation. This fee shall be paid without regard to whether a Determination of Nonsignificance, Mitigated Determination of Nonsignificance or Determination of Significance is issued.

ARTICLE VI


EMISSIONS PROHIBITED

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

SECTION 6.01 OUTDOOR BURNING...


C. Definitions. Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:...

2. Authority means the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency....

16. Permitting Authority means the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency (Authority), or one or more of the following entities, whenever the Authority and an entity have signed an agreement regarding a permitting program or the Authority has delegated administration of the permitting program, pursuant to RCW 70.94.654, to one or more of the referenced entities, provided such delegation of authority has not been withdrawn: Spokane County, any fire protection agency within Spokane County, Department of Natural Resources, or the Spokane County Conservation District....

E. General Conditions. Considering population density and local conditions affecting air quality, the Authority or permitting authority shall establish conditions for all permits to minimize air pollution as much as practical. Such conditions may be general (applying to all permits) or specific (applying to individual permits). Conditions may address permissible hours of burning, maximum size or volume of material to be burned, requirements for good combustion practice, burning under specified weather conditions, pre-burn and post-burn reporting, and other criteria, determined by the permitting authority, as necessary to minimize air pollution. Unless exempt per Section 6.01.G, any person who practices or permits the practice of outdoor burning shall, in addition to any specific permit conditions established imposed, comply with the following general conditions:...

15. Structural fire training, provided for in Sections 6.01.G.1.g and 6.01.G.2.e, may be performed by a fire protection agency provided the following requirements are met:

a. The owner and fire protection agency must have met the requirements in ((SCAPCA)) SRCAA Regulation I, Article IX and Section 10.09 prior to training;...

H. Permit Requirements. Written permits, as required in Section 6.01.G.2, are subject to the following requirements:...

5. All applicants for outdoor burning permits shall pay a fee at the time of application, according to a schedule of fees, established by resolution or other official action of the permitting authority. When the permitting authority is the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency, the fee shall be according to the schedule in Regulation I, Article X, Section 10.13....

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

SECTION 6.11 AGRICULTURAL BURNING


In addition to this Section of the Regulation, the Authority, implements and enforces Chapter 173-430 WAC. The more stringent requirement in Chapter 173-430 or Section 6.11 supersedes the lesser....

C. Statement of Authority. The ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency is empowered, pursuant to Chapter 70.94 RCW, to administer the agricultural burning program in Spokane County. Included is the authority to:...

D. Definitions. Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:...

2. Authority means the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency.

7. Permitting Authority means the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency (Authority)...

H. Administrative requirements....

4. All applicants for agricultural burning permits shall pay a fee at the time of application, according to a schedule of fees, established by resolution of the permitting authority. When the permitting authority is the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency, the fee shall be according to the schedule in Regulation I, Article X....

AMENDATORY SECTION (Amending Order Res. 04-21, Filed 10/07/2004)

SECTION 6.14 STANDARDS FOR CONTROL OF PARTICULATE MATTER ON PAVED SURFACES...


B. Definitions....

3. The Authority is the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency....

AMENDATORY SECTION (Amending Order Res. 99-01, Filed 01/07/1999)

SECTION 6.15 STANDARDS FOR CONTROL OF PARTICULATE MATTER ON UNPAVED ROADS...

B. Definitions.

1. Authority means the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency....

Washington State Code Reviser's Office