WSR 09-21-056

PERMANENT RULES

SOUTHWEST CLEAN

AIR AGENCY

[ Filed October 15, 2009, 9:12 a.m. , effective November 15, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: SWCAA 400-030 Definitions. This [is] an existing section containing the definitions of words and phrases used throughout SWCAA 400. The proposed rule changes revise existing definitions, add new definitions, and make administrative edits. The changes are necessary to maintain consistency with state and federal programs.

SWCAA 400-040 General Standards for Maximum Emissions. This is an existing section that establishes a minimum set of air emission standards for all sources. The proposed rule changes are necessary [to] maintain consistency between agency rules and forthcoming agency policy.

SWCAA 400-045 Permit Application for Nonroad Engines. This is an existing section identifying requirements for permit applications for nonroad engine projects. The proposed rule changes are intended to match similar features in the agency's stationary source application requirements.

SWCAA 400-046 Application Review Process for Nonroad Engines. This is an existing section identifying requirements for the processing and approval of permit applications for nonroad engine projects. The proposed rule changes are being proposed as general improvements to the permitting regulation.

SWCAA 400-050 Emission Standards for Combustion and Incineration Units. This is an existing section that establishes a minimum set of air emission standards for all combustion and incineration units. The proposed rule change is being proposed to improve the standard requirements for reporting emissions from the affected source categories.

SWCAA 400-052 Stack Sampling of Large Combustion Sources. This is an existing section establishing minimum requirements for sampling emissions from major combustion sources. SWCAA proposed to delete this rule section in its entirety because the provisions of this rule section have been determined to be obsolete.

SWCAA 400-070 Emission Standards for Certain Source Categories. This is an existing section that establishes minimum air emission standards and work practices for selected general source categories. The proposed rule changes are intended to provide better control of air emissions and provide a sunset date for new perchloroethylene dry cleaner installations.

SWCAA 400-072 Emission Standards for Selected Small Source Categories. This is a new section that establishes air emission standards, work practices, and monitoring/reporting requirements to be used in lieu of new source review for selected small source categories. The proposed rule changes are intended to provide a quicker and less expensive mechanism for approving affected emission units in lieu of the new source review process outlined in SWCAA 400-110.

SWCAA 400-074 Gasoline Transport Tankers. This is an existing section containing registration and compliance requirements for gasoline transport tankers. The proposed rule changes revise the applicability of subsection 400-074(1) to be consistent with the remainder of rule section, and update an outdated rule citation.

SWCAA 400-075 Emission Standards for Stationary Sources Emitting Hazardous Air Pollutants. This is an existing section that adopts by reference the federal standards relating to hazardous air pollutant standards contained in 40 C.F.R. Parts 61, 63, and 65. The proposed rule changes are necessary to support the agency's implementation of the affected federal standards.

SWCAA 400-100 Registration Requirements. This is an existing section identifying requirements for registration and inspection of air contaminant sources. The proposed rule changes are intended to incorporate current agency policy and improve clarity.

SWCAA 400-101 Emission Units Exempt from Registration Requirements. This is an existing section identifying those sources that are exempt from the registration requirements of SWCAA 400-100. The proposed rule changes are intended to make exemption criteria easier to understand and apply.

SWCAA 400-105 Records, Monitoring and Reporting. This is an existing section identifying requirements for emission monitoring, emission sampling and reporting, and submission of emission inventories. The proposed rule changes are intended to improve consistency in the various monitoring and reporting requirements that are applicable to registered sources.

SWCAA 400-106 Emission Testing and Monitoring at Air Contaminant Sources. This is an existing section that establishes a minimum set of standards for emission testing and monitoring at air contaminant sources. The proposed rule changes are necessary to ensure that test/monitoring reports submitted to SWCAA contain all of the information required to determine compliance.

SWCAA 400-107 Excess Emissions. This is an existing section identifying requirements for the reporting of excess emissions, and providing penalty relief for unavoidable excess emissions. The proposed rule changes are necessary to make the affected reporting timeline consistent with similar reporting timelines in other air pollution programs.

SWCAA 400-109 Air Discharge Permit Applications. This is an existing section that identifies requirements for the submission and content of air discharge permit applications. The proposed rule changes are necessary to formally incorporate current agency practice into the applicable rules.

SWCAA 400-110 Application Review Process for Stationary Sources (New Source Review). This is an existing section identifying requirements for the processing and approval of air discharge permit applications. The proposed rule changes are necessary to ensure consistency with overlapping state/federal regulations and to formally incorporate agency permitting policy.

SWCAA 400-115 Standards of Performance for New Sources. This is an existing section that adopts by reference the federal new source performance standards contained in 40 C.F.R. Part 60. The proposed rule changes are necessary for proper implementation and enforcement of the affected federal standards.

SWCAA 400-130 Use of Emission Reduction Credits. This is an existing section identifying requirements, and procedures of use, for emission reduction credits. The proposed rule changes make minor administrative edits.

SWCAA 400-131 Deposit of Emission Reduction Credits Into Bank. This is an existing section identifying requirements and procedures for depositing emission reduction credits into SWCAA's emission credit bank. The proposed rule changes are being proposed in order to make the agency's credit program consistent with applicable federal requirements.

SWCAA 400-136 Maintenance of Emission Reduction Credits in Bank. This is an existing section identifying requirements for maintenance of SWCAA's emission credit bank, issuance of emission reduction credits, and management of expired credits. The proposed rule changes are intended to make terminology in the rule section more consistent with terminology used in the remainder of SWCAA 400.

SWCAA 400-171 Public Involvement. This is an existing section identifying requirements for public notice of agency actions, and the process by which public involvement is to be administered. This section also identifies those documents that are subject to a formal public notice and those that are not subject to a formal public notice. The proposed rule changes are intended to clarify the public notice/involvement process.

SWCAA 400-200 Vertical Dispersion Requirement, Creditable Stack Height and Dispersion Techniques. This is an existing section identifying presumptive requirements for new exhaust stack installations, and describes the procedure by which the maximum allowable stack height is to be determined. The proposed rule change is intended to improve implementation of the affected requirement.

SWCAA 400 Appendix C Federal Standards Adopted by Reference. This is a new section containing informational lists of all federal regulations adopted by reference via SWCAA 400-075 and 400-115.

Citation of Existing Rules Affected by this Order: Repealing SWCAA 400-052; and amending SWCAA 400-030, 400-040, 400-045, 400-046, 400-050, 400-070, 400-074, 400-075, 400-100, 400-101, 400-105, 400-106, 400-107, 400-109, 400-110, 400-115, 400-130, 400-131, 400-136, 400-171, 400-200, and SWCAA 400 - Appendix C.

Statutory Authority for Adoption: RCW 70.94.141.

Adopted under notice filed as WSR 09-14-058 on June 29, 2009.

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 2, Amended 20, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 20, Repealed 1.

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: October 1, 2009.

Robert D. Elliott

Executive Director

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 09-23 issue of the Register.

Washington State Code Reviser's Office