WSR 11-10-087

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 11-04 -- Filed May 4, 2011, 9:03 a.m. ]

Subject of Possible Rule Making: Amendments to general regulations for air pollution sources, chapter 173-400 WAC and

operating permit regulation, chapter 173-401 WAC.

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

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The United States Environmental Protection Agency (EPA) established thresholds for greenhouse gas emissions in June 2010 that ecology implemented through amendments to chapter 173-400 WAC, General regulations for air pollution sources and chapter 173-401 WAC, Operating permit regulation. The EPA is working on amendments that will defer greenhouse gas permitting requirements for carbon dioxide emissions from biomass-fired and other biogenic sources. The state rules need to be revised to assure the consistency of the provisions between the federal and state clean air acts.

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 EPA and local clean air agencies to ensure that the proposals are consistent with federal requirements.

Process for Developing New Rule: Ecology is incorporating the new federal language into the existing rule without making any material changes. As such, we will notify existing air operating permit sources, ecology's greenhouse gas listserv, energy facility site evaluation council, and Washington local air agencies of our intent to adopt the federal requirements. The public will have the opportunity to comment on the proposed rule. Ecology will hold at least one public hearing. The proposed amendments will be posted on the agency web site 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 Linda Whitcher, Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6875, fax (360) 407-7534, Linda.Whitcher@ecy.wa.gov, ecology web page http://www.ecy.wa.gov/laws-rules/currentactivity.html.

April 28, 2011

Stuart A. Clark

Program Manager

Washington State Code Reviser's Office