WSR 15-15-162
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 15-07—Filed July 21, 2015, 3:22 p.m.]
Subject of Possible Rule Making: The Washington state department of ecology (ecology) proposes to amend chapter 173-400 WAC, General regulations for air pollution sources. The scope of the proposed amendments includes:
Updating the rule to comply with the Environmental Protection Agency's (EPA) final action signed on May 22, 2015, related to the Startup, Shutdown, or Malfunction (SSM) State Implementation Plan (SIP) Call, including the 2015 SSM policy (80 F.R. 33839).
Updating adoption by reference dates.
Making technical clarifications, correcting errors, improving readability, and housekeeping.
Additionally, ecology received requests from stakeholders to update a number of requirements in chapter 173-400 WAC. Due to the short schedule, ecology is proposing to make a few of those changes at this time. Ecology is not proposing to change requirements in the sections listed below, except to make technical clarifications, correct errors, improve readability, and conduct housekeeping.
Section
Section Name
Included in This Rule Making
010
Policy and purpose
No
020
Applicability
No
030
Definitions
Yes
035
Nonroad engines
Yes
036
Relocations of portable sources
No
040
General standards for maximum emissions
Yes
045
Control technology fees
No
050
Emission standards for combustion and incineration units
Yes
060
Emission standards for general process units
Yes
070
Emission standards for certain source categories
Yes
075
Emission standards for sources emitting hazardous air pollutants
Yes
081
Startup and shutdown
Yes
091
Voluntary limits on emissions
No
099
Registration program
No
100
Source classifications
No
101
Registration issuance
No
102
Scope of registration and reporting requirements
No
103
Emission estimates
Yes
104
Registration fees
No
105
Records, monitoring, and reporting
Yes
107
Excess emissions
Yes
108
Excess emissions reporting
Yes
109
Unavoidable excess emissions
Yes
110
New source review (NSR) for sources and portable sources
No
111
Processing notice of construction applications for sources, stationary sources, and portable sources
Yes
112
Requirements for new sources in nonattainment areasReview for compliance with regulations
Yes
113
New sources in attainment or unclassifiable areasReview for compliance with regulations
Yes
114
Requirements for replacement or substantial alteration of emission control technology at an existing stationary source
No
115
Standards of performance for new sources
Yes
116
Increment protection
No
117
Special protection requirements for federal Class I areas
No
118
Designation of Class I, II, and III areas
No
120
Bubble rules
No
131
Issuance of emission reduction credits
No
136
Use of emission reduction credits (ERC)
No
151
Retrofit requirements for visibility protection
No
161
Compliance schedules
No
171
Public notice and opportunity for public comment
Yes
175
Public information
No
180
Variance
No
190
Requirements for nonattainment areas
No
200
Creditable stack height and dispersion techniques
No
205
Adjustment for atmospheric conditions
No
210
Emission requirements of prior jurisdictions
No
220
Requirements for board members
Yes
230
Regulatory actions
No
240
Criminal penalties
No
250
Appeals
No
260
Conflict of interest
Yes
560
General order of approval
No
Permitting of Major Stationary Sources and Major Modifications to
Major Stationary Sources
700
Review of major stationary sources of air pollution
No
710
Definitions
No
720
Prevention of significant deterioration (PSD)
Yes
730
Prevention of significant deterioration application processing procedures
No
740
PSD permitting public involvement requirements
No
750
Revisions to PSD permits
No
800
Major stationary source and major modification in a nonattainment area
No
810
Major stationary source and major modification definitions
No
820
Determining if a new stationary source or modification to a stationary source is subject to these requirements
No
830
Permitting requirements
No
840
Emission offset requirements
No
850
Actual emissions plantwide applicability limitation (PAL)
No
860
Public involvement procedures
No
930
Emergency engines
No
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.94 RCW, RCW 70.94.011, 70.94.331, 70.94.431.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On May 22, 2015, the EPA took final action on a petition for rule making filed by the Sierra Club that concerns how provisions in EPA-approved SIPs treat excess emissions during periods of SSM. In EPA's final action, ecology was listed as one of thirty-six states as having existing SIP provisions that are inadequate to meet the federal Clean Air Act requirements.
Ecology proposes to conduct this rule making because existing rules and SIP provisions do not meet the more stringent federal requirements. In order to comply with the EPA's final action, ecology has until November 22, 2016, to adopt revisions to chapter 173-400 WAC and to submit the revised SIP to the EPA.
Additionally, changing the requirements for facilities during SSM events has the potential to reduce emissions which could protect human health and help Washington state stay below the national ambient air quality standard (an emissions standard set by the EPA).
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Throughout this rule revision process, ecology will communicate with, and seek input from, the following agencies:
The EPA to ensure compliance with the EPA's final action signed on May 22, 2015 (80 F.R. 33839).
The energy facility site evaluation council.
Local clean air agencies.
Process for Developing New Rule: Throughout this rule revision process, ecology will:
Communicate with stakeholders about key issues and ask for input as ecology revises the rule.
Hold stakeholder meetings and a public hearing.
Provide information through e-mail listservs and posting on ecology's rule-making web pages.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can participate by:
Following updates on ecology's rule making web pages, http://www.ecy.wa.gov/programs/air/rules/rules_laws.html.
Contacting ecology staff, see below.
Signing up for e-mail updates, by going to http://listserv.wa.gov/cgi-bin/wa?SUBED1=ECY-AQ-RULE-AND-SIP-UPDATES&A=1.
Participating in a stakeholder meeting and/or a public hearing.
Staff contact Stacey Callaway, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, Stacey.Callaway@ecy.wa.gov, (360) 407-7528.
July 21, 2015
Stuart A. Clark
Air Quality Program Manager