WSR 12-03-055

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 11-10 -- Filed January 11, 2012, 3:21 p.m. ]

Subject of Possible Rule Making: Amendments to general regulations for air pollution sources, chapter 173-400 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 department of ecology plans to amend the general regulations for air pollution sources (chapter 173-400 WAC). The purpose of the rule making is to amend the rule sections that relate to two segments of the United States Environmental Protection Agency's (EPA) required state implementation plan related to permits for industrial and commercial sources of air pollution:

1. Minor new source review.

2. Major new source review (prevention of significant deterioration).

The amendments will also update the rule by incorporating federal rules by reference. We will also correct any typographical errors and clarify the rule language as needed to align with federal requirements.

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 will notify existing air operating permit sources, ecology's listserv, the Association of Washington Business, energy facilities site evaluation council, the environmental community, and Washington local air agencies of our intent to adopt the federal requirements. Interested parties 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, phone (360) 407-6875, fax (360) 407-7534, e-mail Linda.Whitcher@ecy.wa.gov, ecology web page http://www.ecy.wa.gov/laws-rules/currentactivity.html.

January 11, 2012

Stuart A. Clark

Program Manager

Washington State Code Reviser's Office