WSR 11-11-077

PROPOSED RULES

SPOKANE REGIONAL

CLEAN AIR AGENCY

[ Filed May 17, 2011, 2:18 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Adoption of SRCAA Regulation I, Section 6.18 - Indirect Source Rule.

Hearing Location(s): Spokane Regional Clean Air Agency (SRCAA), 3104 East Augusta Avenue, Spokane, WA 99207, on July 7, 2011, at 9:30 a.m.

Date of Intended Adoption: July 7, 2011.

Submit Written Comments to: April Westby, 3104 East Augusta Avenue, Spokane, WA 99207, e-mail awestby@spokanecleanair.org, fax (509) 477-4727, by June 24, 2011.

Assistance for Persons with Disabilities: Contact Barbara Nelson by July 6, 2011, (509) 477-4727, ext. 116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose: Adopt new rule to regulate indirect sources in Spokane County with PM2.5 emissions above 0.5 tons/year and/or NOx emissions above twenty-five tons/year that cause or contribute to: A violation of one or more federal, state, and/or local ambient air quality standards; or an adverse human health effect.

Indirect sources are defined as: Any facility, building, structure, or installation, or combination thereof, which generates or attracts mobile sources that result in emissions of any air contaminant or toxic air contaminant. The definition of indirect source does not include construction sites that generate mobile source emissions for less than one year or facilities that are solely comprised of public roadways (e.g., freeways are not considered indirect sources under this rule).

Indirect sources could potentially include warehouses, industrial parks, rail yards, transportation centers, airports, truck stops, etc.

Anticipated Effects: The new rule will establish requirements for indirect sources that meet the applicability criteria in the rule. These indirect sources have been unregulated by SRCAA in the past.

Reasons Supporting Proposal: EPA recently adopted a one hour NO2 ambient standard and has proposed a more stringent ozone ambient standard (NOx is a precursor to ozone). In addition, diesel particulate matter has been identified by Washington and other states as a toxic air pollutant and is a component of PM2.5. Indirect sources can be a significant source of NOx, diesel particulate matter and PM2.5 emissions. The indirect source rule will establish requirements for affected indirect sources which may lower ambient levels of NOx, particulate matter, and PM2.5.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380(2).

Statute Being Implemented: Chapter 70.94 RCW; 42 U.S.C. 7401 et. seq. and 42 U.S.C. 7412.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The new indirect source rule will affect indirect sources in Spokane County with PM2.5 emissions above 0.5 tons/year and/or NOx emissions above twenty-five tons/year that cause or contribute to: A violation of one or more federal, state, and/or local ambient air quality standards; or an adverse human health effect. The rule requires affected indirect sources to submit an emission reduction plan (ERP) to SRCAA for approval which outlines measures to be taken to reduce emissions to the greatest degree practicable in the shortest time practicable. Once the ERP is approved by SRCAA, the indirect source must implement the ERP.

Name of Proponent: SRCAA, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: April Westby, 3104 East Augusta Avenue, Spokane, WA 99207, (509) 477-4727.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution agency rule. Chapter 19.85 RCW does not apply to local air pollution agency rule development.

A cost-benefit analysis is not required under RCW 34.05.328. This is a local agency rule and pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule development.

May 17, 2011

April L. Westby

Environmental Engineer

NEW SECTION


SECTION 6.18 INDIRECT SOURCE RULE


A. Applicability.

1. The provisions of this rule apply to indirect sources located in Spokane County with actual or projected (for new indirect sources) calendar year PM2.5 emissions above 0.5 tons/year and/or actual or projected (for new indirect sources) calendar year NOx emissions above 25 tons/year that cause or contribute to:

a. a violation of one or more federal, state, and/or local ambient air quality standards; or

b. an adverse human health effect.

2. When making a determination as to whether an indirect source is subject to Section 6.18, the Agency shall:

a. provide the owner or operator of the indirect source with written notice that the Agency intends to make an applicability determination and a reasonable opportunity to submit relevant data to the Agency before an applicability decision is made by the Agency;

b. use scientific and engineering principles to determine the emissions from mobile source activity at the indirect source as accurately as possible, given the Agency's resources;

c. assess the ambient impact of the mobile source emissions within the boundaries of the indirect source as accurately as possible, using computer air quality modeling, given the Agency's resources;

d. utilize any health information prepared by a federal, state, or local government agency; and

e. provide the owner or operator of the indirect source with a written applicability determination.

3. The owner or operator of an affected indirect source has the opportunity to challenge the Agency's applicability determination by providing additional information for the agency to consider, provided the requirements in Section 6.18.A.3.a & b are met:

a. The owner or operator of the indirect source must submit a written request challenging the applicability determination to the Agency no later than 30 calendar days after receipt of the Agency's applicability determination.

b. No later than 60 calendar days after submitting a timely written request challenging the Agency's applicability determination, the owner or operator of the indirect source must submit a plan to the Agency with a detailed description of all data being challenged and a description of all additional data and/or information that the owner or operator intends to submit to the Agency for its consideration. All additional data and/or information identified in the plan must be submitted to the Agency no later than 180 calendar days after the plan is submitted to the Agency, unless an extension is approved by the Agency in writing.

c. After reviewing all additional data and information submitted by the owner or operator of the indirect source, the Agency will decide whether to modify or confirm its original applicability determination. The Agency will notify the owner or operator of the indirect source of whether the original applicability determination has been modified or confirmed no later than 90 days after all additional data and information has been submitted to the Agency.

B. Definitions

1. Adverse human health effect means harmful and undesired changes to body function or cell structure that might lead to disease or health problems as indicated by, but not limited to:

a. higher than average or expected occurrences of cancer; and/or

b. measured or modeled levels of toxic air pollutant(s) which exceed 1 in 100,000 cancer risk based on a 70 year exposure.

2. Indirect Source means any facility, building, structure, or installation, or combination thereof, which generates or attracts mobile sources that results in emissions of any air contaminant or toxic air contaminant. The definition of indirect source does not include construction sites that generate mobile source emissions for less than one year or facilities that are solely comprised of public roadways (e.g., freeways are not considered indirect sources under this rule).

3. Mobile source means any non-stationary source of air pollution, including but not limited to cars, trucks, motorcycles, buses, airplanes, and locomotives.

4. New Indirect Source means the construction or modification of an indirect source that increases the amount of any air contaminant or toxic air contaminant emitted by mobile sources within the boundary of the indirect source.

C. Emission Reduction Plan.

1. An owner or operator of an indirect source who has been notified in writing by the Agency that it is subject to the provisions of this rule shall submit an emission reduction plan to the Agency for review and approval, according to all of the following requirements:

a. The emission reduction plan shall describe the emission reduction measures which will be implemented by the affected indirect source owner or operator to reduce emissions within the boundaries of the indirect source in Spokane County, along with a timetable for implementation of each emission reduction measure. The emission reduction plan shall be designed to reduce PM2.5 and/or NOx emissions within the boundaries of the indirect source in Spokane County to the greatest degree practicable in the shortest time practicable. For new sources, the emissions reduction measures contained in the emission reduction plan must reduce PM2.5 and/or NOx emissions within the boundaries of the indirect source in Spokane County to levels which will not cause a violation of any ambient air quality standards or an adverse human health effect.

b. For existing indirect sources, the emission reduction measures contained in the emission reduction plan must be completed within 5 years after the Agency approves the plan, unless an extension is granted by the Agency in writing.

c. For new indirect sources, the emission reduction measures contained in the emission reduction plan must be completed prior to commencing construction of the project, unless otherwise approved by the Agency in writing.

d. The emission reduction plan shall be submitted to the Agency no later than 30 calendar days after notification in writing that an affected indirect source is subject to the indirect source rule, unless an extension is granted by the Agency in writing.

e. The Agency will review the proposed emission reduction plan submitted by an affected indirect source owner or operator and inform the owner or operator within 30 calendar days if the plan is accepted or needs modification. If the plan needs modification, the Agency will provide the affected indirect source owner or operator with a description of the modifications that are required and a deadline for submittal of a revised proposed emission reduction plan to SRCAA for review.

f. After the proposed emission reduction plan is deemed acceptable by the Agency, the Agency will issue a preliminary approval of the emission reduction plan to the indirect source owner or operator. A 30-day public comment period is required to be held on the preliminary approval of the emission reduction plan, according to the requirements given in SRCAA Regulation I, Section 5.05.C. All comments received during the public comment period shall be considered by the Agency prior to the issuance of a final decision on the emission reduction plan.

g. Once an emission reduction plan is approved by the Agency, it is considered final and shall be implemented. It shall be unlawful for an indirect source to fail to comply with an emission reduction plan approved by the Agency.

2. It shall be unlawful for the owner or operator of an indirect source who has been notified in writing by the Agency that it is subject to the provisions of this rule to fail to comply with the requirements given in Section 6.18.C.1.

Washington State Code Reviser's Office