WSR 15-13-135
PROPOSED RULES
NORTHWEST CLEAN
AIR AGENCY
[Filed June 17, 2015, 11:19 a.m.]
Original Notice.
Proposal is exempt under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency (NWCAA).
Hearing Location(s): NWCAA, 1600 South Second Street, Mount Vernon, WA 98273, on August 5, 2015, at 11:00 a.m.
Date of Intended Adoption: August 13, 2015.
Submit Written Comments to: Mark Buford, NWCAA, 1600 South Second Street, Mount Vernon, WA 98273, e-mail info@nwcleanair.org, fax (360) 428-1620, by August 5, 2015, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Laurie Caskey-Schreiber by July 29, 2015, (360) 428-1617.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:
•
Clarify and reconcile the rule language to better match state and federal rules and laws, including several minor clarifications and word changes, new and revised definitions (i.e., greenhouse gases, volatile organic compounds), and incorporation of three minor new source review exemptions. This will remove unnecessary gaps from the state and federal rules and laws making implementation confusing and inconsistent for both the agency and regulated entities. (NWCAA Sections 132, 133, 155, and 300)
•
Update the maximum civil penalty to reflect the adjustment for inflation as allowed by law for the sake of transparency. (NWCAA Section 133)
•
Remove certain sections and definitions that are no longer used or necessary. (NWCAA Sections 200, 145, and 470)
•
Update external adoption-by-reference lists to ensure that the most recent versions of the referenced regulations are adopted. (Amended NWCAA Sections 104, 155, and 300)
•
Adopt by reference the following federal rules so that NWCAA will be the implementing agency rather than EPA within NWCAA jurisdication [jurisdiction]: 40 C.F.R. 63 Subpart BBBBBB (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities (area sources)), 40 C.F.R. 63 Subpart HHHHHH (National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources), 40 C.F.R. 63 Subpart JJJJJJ (National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources), 40 C.F.R. 63 Subpart WWWWWW (National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations), and 40 CFR 63 Subpart XXXXXX (National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories). (Amended NWCAA Section 104)
New/Amended Regulation Section Derivations: Amending NWCAA Section 200 – "Greenhouse Gases (GHGs)" definition: New definition based on WAC 173-400-030; NWCAA Section 200 – "Volatile Organic Compound (VOC)" definition: Revised definition based on 40 CFR 51.100; NWCAA Section 133 – Civil Penalty: Subsection numbering changed to match current format; and NWCAA Section 155 – State Environmental Policy Act: Subsection numbering changed to match current format.
Distributions for Section Being Replaced: Deleting former NWCAA Section 145 – Motor Vehicle Owner Responsibility; Amending NWCAA Section 200 – "Best Available Retrofit Technology (BART)" with definition; NWCAA Section 200 – "Mercury Ore" with definition; former NWCAA 300.14; and former NWCAA Section 470 – Fluorides - Forage.
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141(1).
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 2nd 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.
June 17, 2015
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 15-14 issue of the Register.