WSR 09-04-094

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 09-01 -- Filed February 4, 2009, 10:10 a.m. ]

Subject of Possible Rule Making: Chapter 173-400 WAC, General regulations for air pollution sources; specifically WAC 173-400-030, 173-400-035, 173-400-040, 173-400-050, 173-400-070, 173-400-075, 173-400-081, 173-400-091, 173-400-099, 173-400-102, 173-400-104, 173-400-105, 173-400-107, 173-400-110, 173-400-112, 173-400-113, 173-400-115, 173-400-117, 173-400-120, 173-400-131, 173-400-136, 173-400-161, 173-400-171, 173-400-560, 173-400-700 through 173-400-750, and creating several sections between WAC 173-400-800 and 173-400-890.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Washington Clean Air Act, RCW 70.94.151, 70.94.152, 70.94.155, 70.94.510.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making has three focal points: Development of nonattainment area new source review (NSR) rules, correcting state implementation plan deficiencies, and nonpolicy general housekeeping issues. The first two focal points are required to retain delegated federal programs. The purpose of the last point is to update the rule without making significant policy changes. These updates include incorporating recent updates from related WACs, updating incorporations by reference of federal emissions standards and other federal rules, reviewing the use of defined words to insure that their use is consistent throughout the rule, and to update definitions to match current state and federal regulations.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: We will maintain an active dialog with the United States Environmental Protection Agency to ensure our proposals are constant [consistent] with federal requirements. We are also working with the seven local air agencies to promote rule consistency.

Process for Developing New Rule: The proposed rule will be drafted internally by staff. The public will have the opportunity to comment on the proposed rule. At least one public hearing will be held. The proposed amendments will be posted on the agency web site, http://www.ecy.wa.gov/laws-rules/currentactivity.htm and provided to interested parties.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tom Todd, Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-7528, Ttod461@ecy.wa.gov; or Linda Whitcher, Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6875, Liwh461@ecy.wa.gov.

February 4, 2009

Stu Clark

Program Manager

Washington State Code Reviser's Office