PROPOSED RULES
AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency (NWCAA).
Hearing Location(s): Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, on November 15, 2011, at 9:00 a.m.
Date of Intended Adoption: November 17, 2011.
Submit Written Comments to: Mark Buford, Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, e-mail mark@nwcleanair.org, fax (360) 428-1620, by November 15, 2011, at 11:00 a.m.
Assistance for Persons with Disabilities: Contact Margarita Smith by November 8, 2011, (360) 428-1617 ext. 215.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To readopt specific rule sections to ensure that they refer to most recent versions of chapters 173-400 and 173-401 WAC. Also to adopt the General Order provisions under WAC 173-400-560 by reference to allow the NWCAA to issue General Orders.
Amendatory Sections
SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES.
| • | Delete WAC 173-400-560 from the list of sections excluded from adoption (i.e., adopt WAC 173-400-560 by reference). |
| • | Update effective dates in NWCAA 104.1 and 104.2. |
| • | Readopt to ensure that the references to chapters 173-400 and 173-401 WAC and WAC 173-400-116 are to the most recent versions. |
| • | No changes except to readopt to ensure that the reference to WAC 173-400-720 is to the most recent version. |
| • | No changes except to readopt to ensure that the references to chapter 173-401 WAC and WAC 173-400-720 are to the most recent versions. |
| • | No changes except to readopt to ensure that the reference to chapter 173-401 WAC is to the most recent version. |
Reasons Supporting Proposal: The NWCAA regulation references many rules written by other agencies (e.g., EPA, Washington department of ecology). When external rules are referenced, the version that is incorporated is that as of the date of adoption of the NWCAA regulation. If an external rule is modified, by ecology, for instance, the version of the state rule referenced in the NWCAA regulation remains that as of the date of NWCAA adoption. This causes confusion because both the previous version as referenced in the NWCAA regulation and the new version both apply. As such, the NWCAA is updating the references in various sections of the regulation to the most recent versions of the external rules. Specifically, sections of chapters 173-400 and 173-401 WAC were updated by ecology as part of the rule adoption on August 10, 2011, to bring the rule into compliance with EPA regulations which defer for a period of three years the consideration of CO2 emissions from bioenergy and other biogenic sources when determining whether a stationary source meets the PSD and Title V applicability thresholds.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: NWCAA, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Asmundson, 1600 South Second Street, Mount Vernon, WA, (360) 428-1617.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable under RCW 70.94.141.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable under RCW 70.94.141.
September 19, 2011
Mark Buford
Assistant 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 11-20 issue of the Register.