WSR 08-17-062

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed August 18, 2008, 12:58 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Amend Regulation I, Section 7.09 (General Reporting Requirements for Operating Permits).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on September 25, 2008, at 9:15 a.m.

Date of Intended Adoption: September 25, 2008.

Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by September 24, 2008.

Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by September 18, 2008, TTY (800) 833-6388 or (800) 833-6385 (braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify what constitutes "on time" submittal of compliance reports sent by operating permit sources; and to require reports to be submitted by both e-mail and postal service after June 30, 2009.

Reasons Supporting Proposal: The proposal clarifies what determines a timely submittal; and by requiring electronic submittal of compliance reports, agency inspection staff will have timely access to information while in the field.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

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

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4052; Implementation and Enforcement: Jim Nolan, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4053.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

August 18, 2008

Dennis J. McLerran

Executive Director

AMENDATORY SECTION

REGULATION I SECTION 7.09 GENERAL REPORTING REQUIREMENTS FOR OPERATING PERMITS

(a) Emission Reporting. An emission report shall be required from each owner or operator of an operating permit source, listing those air contaminants emitted during the previous calendar year that equal or exceed the following (tons/year):


carbon monoxide (CO) emissions . . . . . . . . . . . . 25

facility combined total of all toxic air

contaminant (TAC) emissions . . . . . . . . . . . . 6

any single toxic air contaminant (TAC) emissions . . . . . . . . . . . . 2

nitrogen oxide (NOx) emissions . . . . . . . . . . . . 25

particulate matter (PM10) emissions . . . . . . . . . . . . 25

particulate matter (PM2.5) emissions . . . . . . . . . . . . 25

sulfur oxide (SOx) emissions . . . . . . . . . . . . 25

volatile organic compounds (VOC) emissions . . . . . . . . . . . . 25

Annual emission rates shall be reported to the nearest whole tons per year for only those air contaminants that equal or exceed the thresholds above. The owner or operator of a source requiring a Title V operating permit under this Article shall maintain records of information necessary to document any reported emissions or to demonstrate that the emissions were less than the above amounts.

(b) Operation and Maintenance Plan. Owners or operators of air contaminant sources subject to ((Regulation I)) Article 7 of this regulation shall develop and implement an operation and maintenance plan to assure continuous compliance with Regulations I, II, and III. A copy of the plan shall be filed with the Control Officer upon request. The plan shall reflect good industrial practice and shall include, but not be limited to, the following:

(1) Periodic inspection of all equipment and control equipment;

(2) Monitoring and recording of equipment and control equipment performance;

(3) Prompt repair of any defective equipment or control equipment;

(4) Procedures for start up, shut down, and normal operation;

(5) The control measures to be employed to assure compliance with Section 9.15 of this regulation ((Regulation I)); and

(6) A record of all actions required by the plan.

The plan shall be reviewed by the source owner or operator at least annually and updated to reflect any changes in good industrial practice.

(c) Compliance Reports. Owners or operators of air contaminant sources subject to Article 7 of this regulation shall submit complete copies of all required compliance reports to this Agency in electronic format using e-mail after June 30, 2009. Whenever there is a specified time period for submittal of a report, the date the document is received by the Agency e-mail system shall be considered the submitted date of the report. Original written documents shall also be submitted for record purposes. Nothing in this section waives or modifies any submittal requirements established under other applicable regulations.

Washington State Code Reviser's Office