Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: Amend Regulation I, Section 5.03 (Applicability of Registration Program).

     Hearing Location(s): Tacoma Municipal Building, 728 St. Helens Avenue, Room 16, Tacoma, WA 98402, on September 27, 2012, at 8:45 a.m.

     Date of Intended Adoption: September 27, 2012.

     Submit Written Comments to: Rob Switalski, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail robs@pscleanair.org, fax (206) 343-7522, by September 26, 2012.

     Assistance for Persons with Disabilities: Contact agency

receptionist, (206) 689-4010, by September 20, 2012, TTY (800) 833-6388 or (800) 833-6385 (Braille).

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Exclude bulk gasoline plants from the specific NESHAP criteria in our registration program.

     Reasons Supporting Proposal: The proposal will reduce administrative costs that do not result in environmental gain. The registration program will remain focused on the areas of highest environmental importance. Also, the agency will be able to fulfill its obligations associated with EPA delegation of rule implementation. This is a cost savings to the potentially affected sources and this agency.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

     Statute Being Implemented: RCW 70.94.141.

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

     Name of Proponent: Puget Sound Clean Air Agency, governmental.

     Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4052; Implementation and Enforcement: Laurie Halvorson, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4030.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act, and the agency is not a school district.

     A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

August 21, 2012

Craig Kenworthy

Executive Director

REGULATION I, SECTION 5.03 APPLICABILITY OF REGISTRATION PROGRAM

     (a) The requirements of this article shall apply only to:

     (1) Sources subject to a federal emission standard under:

     (A) 40 CFR Part 60 (except Subparts B, S, BB, and AAA, and the provisions of Subpart IIII pertaining to owners and operators of emergency stationary compression ignition internal combustion engines);

     (B) 40 CFR Part 61 (except Subparts B, H, I, K, Q, R, T, W, and the provisions of Subpart M pertaining to asbestos on roadways, asbestos demolition and renovation activities, and asbestos spraying);

     (C) 40 CFR Part 62; or

     (D) 40 CFR Part 63 (except Subpart LL, the provisions of Subparts S and MM pertaining to kraft and sulfite pulp mills, the provisions of Subpart ZZZZ pertaining to emergency and limited-use stationary reciprocating internal combustion engines, Subpart BBBBBB pertaining to bulk gasoline plants, and Subparts WWWWW, CCCCCC, HHHHHH, WWWWWW, XXXXXX, YYYYYY, and ZZZZZZ);

     (2) Sources with a federally enforceable emission limitation established in order to avoid operating permit program applicability under Article 7 of this regulation;

     (3) Sources with annual emissions:

     (A) Greater than or equal to 2.50 tons of any single hazardous air pollutant (HAP);

     (B) Greater than or equal to 6.25 tons of total hazardous air pollutants (HAP); or

     (C) Greater than or equal to 25.0 tons of carbon monoxide (CO), nitrogen oxides (NO_x), particulate matter (PM_2.5 or PM₁₀), sulfur oxides (SO_x), or volatile organic compounds (VOC);

     (4) Sources subject to the following sections of Regulation I, II, or III:

     (A) Refuse burning equipment subject to Section 9.05 of Regulation I (including crematories);

     (B) Fuel burning equipment or refuse burning equipment burning oil that exceeds any limit in Section 9.08 of Regulation I and sources marketing oil to such sources;

     (C) Fuel burning equipment subject to Section 9.09 of Regulation I with a rated heat input greater than or equal to 1 MMBtu/hr of any fuel other than natural gas, propane, butane, or distillate oil, or greater than or equal to 10 MMBtu/hr of any fuel;

     (D) Sources with spray-coating operations subject to Section 9.16 of Regulation I;

     (E) Petroleum refineries subject to Section 2.03 of Regulation II;

     (F) Gasoline loading terminals subject to Section 2.05 of Regulation II;

     (G) Gasoline dispensing facilities subject to Section 2.07 of Regulation II;

     (H) Volatile organic compound storage tanks subject to Section 3.02 of Regulation II;

     (I) Can and paper coating facilities subject to Section 3.03 of Regulation II;

     (J) Motor vehicle and mobile equipment coating operations subject to Section 3.04 of Regulation II;

     (K) Flexographic and rotogravure printing facilities subject to Section 3.05 of Regulation II;

     (L) Polyester, vinylester, gelcoat, and resin operations subject to Section 3.08 of Regulation II;

     (M) Aerospace component coating operations subject to Section 3.09 of Regulation II;

     (N) Crushing operations subject to Section 9.18; or

     (O) Ethylene oxide sterilizers subject to Section 3.07 of Regulation III;

     (5) Sources with any of the following gas or odor control equipment having a rated capacity of greater than or equal to 200 cfm (>4" diameter inlet):

     (A) Activated carbon adsorption;

     (B) Afterburner;

     (C) Barometric condenser;

     (D) Biofilter;

     (E) Catalytic afterburner;

     (F) Catalytic oxidizer;

     (G) Chemical oxidation;

     (H) Condenser;

     (I) Dry sorbent injection;

     (J) Flaring;

     (K) Non-selective catalytic reduction;

     (L) Refrigerated condenser;

     (M) Selective catalytic reduction; or

     (N) Wet scrubber;

     (6) Sources with any of the following particulate control equipment having a rated capacity of greater than or equal to 2,000 cfm (>10" diameter inlet):

     (A) Baghouse;

     (B) Demister;

     (C) Electrostatic precipitator;

     (D) HEPA (high efficiency particulate air) filter;

     (E) HVAF (high velocity air filter);

     (F) Mat or panel filter;

     (G) Mist eliminator;

     (H) Multiple cyclones;

     (I) Rotoclone;

     (J) Screen;

     (K) Venturi scrubber;

     (L) Water curtain; or

     (M) Wet electrostatic precipitator;

     (7) Sources with a single cyclone having a rated capacity of greater than or equal to 20,000 cfm (>27" diameter inlet);

     (8) Sources with any of the following equipment:

     (A) Asphalt batch plants;

     (B) Burn-off ovens;

     (C) Coffee roasters;

     (D) Commercial composting with raw materials from off-site;

     (E) Commercial smokehouses with odor control equipment;

     (F) Concrete batch plants (ready-mix concrete);

     (G) Galvanizing;

     (H) Iron or steel foundries;

     (I) Microchip or printed circuit board manufacturing;

     (J) Rendering plants;

     (K) Rock crushers or concrete crushers;

     (L) Sewage treatment plants with odor control equipment;

     (M) Shipyards;

     (N) Steel mills;

     (O) Wood preserving lines or retorts; or

     (P) Dry cleaners using perchloroethylene; and

     (9) Sources with equipment (or control equipment) that has been determined by the Control Officer to warrant registration through review of a Notice of Construction application under Section 6.03(a) or a Notification under Section 6.03(b) of this regulation, due to the amount and nature of air contaminants produced, or the potential to contribute to air pollution, and with special reference to effects on health, economic and social factors, and physical effects on property.

     (b) The requirements of this article shall not apply to:

     (1) Motor vehicles;

     (2) Nonroad engines or nonroad vehicles as defined in Section 216 of the federal Clean Air Act;

     (3) Sources that require an operating permit under Article 7 of this regulation;

     (4) Solid fuel burning devices subject to Article 13 of this regulation; or

     (5) Any source, including any listed in Sections 5.03 (a)(4) through 5.03 (a)(9) of this regulation, that has been determined through review by the Control Officer not to warrant registration, due to the amount and nature of air contaminants produced or the potential to contribute to air pollution, and with special reference to effects on health, economic and social factors, and physical effects on property.

     (c) It shall be unlawful for any person to cause or allow the operation of any source subject to registration under this section, unless it meets all the requirements of Article 5 of this regulation.

     (d) An exemption from new source review under Article 6 of this regulation shall not be construed as an exemption from registration under this article. In addition, an exemption from registration under this article shall not be construed as an exemption from any other provision of Regulation I, II, or III.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Puget Sound Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.