WSR 16-19-009

PERMANENT RULES

[Filed September 8, 2016, 12:15 p.m., effective October 9, 2016]

Effective Date of Rule: Thirty-one days after filing.

Purpose: SWCAA 400-020 Applicability. This is an existing section identifying the agency's geographic boundaries and source jurisdiction. The proposed rule changes revise existing language regarding implementation of department of ecology rules and decline adoption of WAC 173-400-930. The proposed changes are necessary to clarify the applicability of statewide rules.

SWCAA 400-030 Definitions. This an existing section containing the definitions of words and phrases used throughout SWCAA 400. The proposed rule changes revise existing definitions and add new definitions, and make administrative edits. The proposed changes are necessary to maintain consistency with state and federal programs.

SWCAA 400-036 Portable Sources from Other Washington Jurisdictions. This is a new section that allows for operation of portable sources with valid approvals from other jurisdictions without obtaining an agency approval. The proposed changes are being adopted in support of a statewide effort to ease permitting burden for portable sources.

SWCAA 400-040 General Standards for Maximum Emissions. This is an existing section containing a minimum set of air emission standards applicable to all sources. The proposed changes add exemptions, change odor nuisance provisions, and make administrative edits. The proposed changes are intended to maintain consistency with similar statewide rules and improve odor enforcement.

SWCAA 400-045 Permit Application for Nonroad Engines. This is an existing section identifying requirements for permit applications for nonroad engines. The proposed changes are intended to improve implementation of the agency's nonroad engine permitting program.

SWCAA 400-046 Application Review Process for Nonroad Engines. This is an existing section identifying requirements for the processing and approval of permit applications for nonroad engines. The proposed changes are intended to improve implementation of the agency's nonroad engine permitting program.

SWCAA 400-050 Emission Standards for Combustion and Incineration Units. This is an existing section containing a minimum set of air emission standards for all combustion and incineration units. The proposed changes are necessary to reduce fuel oil emissions, improve program implementation, and maintain consistency with applicable federal standards.

SWCAA 400-060 Emission Standards for General Process Units. This is an existing section containing a particulate matter emission standard applicable to all general processes. The proposed changes are necessary to maintain consistency with applicable federal test methods.

SWCAA 400-070 Emission Standards for Certain Source Categories. This is an existing section containing minimum air emission standards and work practices for selected general source categories. The proposed changes are necessary to clarify category requirements, correct an existing error, and maintain consistency with state and federal standards.

SWCAA 400-072 Emission Standards for Selected Small Source Categories. This is an existing section containing air emission standards, work practices, and monitoring/reporting requirements that may be used in lieu of New Source Review for selected small source categories. The proposed changes are necessary to improve implementation of the small unit notification program and make changes requested by United States Environmental Protection Agency (US EPA).

SWCAA 400-075 Emission Standards for Stationary Sources Emitting Hazardous Air Pollutants. This is an existing section that adopts by reference the federal standards relating to hazardous air pollutant standards contained in 40 C.F.R. Parts 61, 63, and 65. The proposed changes are necessary to support the agency's implementation of the affected federal standards.

SWCAA 400-076 Emission Standards for Stationary Sources Emitting Toxic Air Pollutants. This is an existing section identifying review and approval requirements for sources that emit toxic air pollutants. The proposed changes are necessary to support the agency's implementation of local toxic air pollutant standards.

SWCAA 400-081 Startup and Shutdown. This is an existing section containing provisions addressing sources that cannot comply with technology based emission standards during startup and shutdown. The proposed changes make changes requested by US EPA.

SWCAA 400-091 Voluntary Limits on Emissions. This is an existing section containing provisions by which a source may voluntarily limit its potential to emit. The proposed changes improve clarity and consistency with the remainder of the agency's rules.

SWCAA 400-099 Per Capita Fees. This is an existing section identifying the authority for, method of determination, and amount of the agency's per capita fee assessment for supplemental income. The proposed changes improve rule clarity.

SWCAA 400-100 Registration Requirements. This is an existing section identifying requirements for registration and inspection of air contaminant sources. The proposed changes support implementation of the registration program and improve clarity.

SWCAA 400-101 Emission Units Exempt from Registration Requirements. This is an existing section identifying those sources that are exempt from the registration requirements of SWCAA 400-100. The proposed changes are necessary to ensure consistency with other proposed SWCAA 400 rule changes.

SWCAA 400-103 Operating Permit Fees. This is an existing section governing fee assessment and expenditure for the Operating Permit Program. The proposed changes improve program implementation.

SWCAA 400-105 Records, Monitoring and Reporting. This is an existing section identifying requirements for emission monitoring, emission sampling and reporting, and submission of emission inventories. The proposed changes are necessary to improve the effectiveness of monitoring and reporting at affected sources and maintain consistency with state programs.

SWCAA 400-106 Emission Testing and Monitoring at Air Contaminant Sources. This is an existing section that establishes a minimum set of standards for emission testing and monitoring at air contaminant sources. The proposed changes are necessary to ensure that test/monitoring reports submitted to SWCAA contain all of the information required to determine compliance and to respond to comments from US EPA.

SWCAA 400-107 Excess Emissions. This is an existing section identifying requirements for the reporting of excess emissions, and providing penalty relief for unavoidable excess emissions. The proposed changes are necessary to maintain consistency with state regulations and respond to comments from US EPA.

SWCAA 400-109 Air Discharge Permit Applications. This is an existing section that identifies requirements for the submission and content of Air Discharge Permit applications. The proposed changes are necessary to maintain consistency with other SWCAA rules, ensure that SEPA requirements are met, and respond to comments from US EPA.

SWCAA 400-110 Application Review Process for Stationary Sources (New Source Review). This is an existing section identifying requirements for the processing and approval of Air Discharge Permit applications. The proposed changes are necessary to maintain consistency with overlapping state/federal regulations and to formally incorporate agency permitting policy.

SWCAA 400-111 Requirements for New Sources in a Maintenance Plan Area. This is an existing section identifying requirements specific to new sources located in a Maintenance Plan Area. The proposed changes are necessary to maintain consistency with state and federal regulations.

SWCAA 400-112 Requirements for New Sources in Nonattainment Areas. This is an existing section identifying requirements specific to new sources located in Nonattainment Areas. The proposed changes are necessary to maintain consistency with state and federal regulations.

SWCAA 400-113 Requirements for New Sources in Attainment or Nonclassifiable Areas. This is an existing section identifying requirements specific to new sources located in Attainment or Nonclassifiable Areas. The proposed changes are necessary to maintain consistency with state and federal regulations.

SWCAA 400-115 Standards of Performance for New Sources. This is an existing section that adopts by reference the federal standards for new sources contained in 40 C.F.R. Part 60. The proposed changes are necessary for proper implementation and enforcement of the affected federal standards.

SWCAA 400-130 Use of Emission Reduction Credits. This is an existing section identifying requirements, and procedures of use, for emission reduction credits (ERC). The proposed changes are necessary for federal incorporation of the agency's ERC program.

SWCAA 400-131 Deposit of Emission Reduction Credits Into Bank. This is an existing section identifying requirements and procedures for depositing emission reduction credits into SWCAA's emission credit bank. The proposed changes are necessary for federal incorporation of the agency's ERC program.

SWCAA 400-136 Maintenance of Emission Reduction Credits in Bank. This is an existing section identifying requirements for maintenance of SWCAA's emission credit bank, issuance of emission reduction credits, and management of expired credits. The proposed changes are necessary for federal incorporation of the agency's ERC program.

SWCAA 400-140 Protection of Ambient Air Increments. This is an existing section containing provisions for protection of ambient air increments. The section is being deleted to improve consistency with overlapping state regulations.

SWCAA 400-141 Prevention of Significant Deterioration (PSD). This is an existing section containing provisions for PSD applicable stationary sources. The section is being deleted to improve consistency with overlapping state regulations.

SWCAA 400-171 Public Involvement. This is an existing section identifying requirements for public notice of agency actions, and the process by which public involvement is to be administered. The proposed changes are intended to improve the public involvement process and ensure consistency with applicable federal regulations.

SWCAA 400-190 Requirements for Nonattainment Areas. This is an existing section addressing the development of requirements specific to nonattainment areas. The proposed changes improve internal consistency with regards to applicable major source permitting requirements.

SWCAA 400-200 Vertical Dispersion Requirement, Creditable Stack Height and Dispersion Techniques. This is an existing section identifying presumptive requirements for new exhaust stack installations, and describes the procedure by which the maximum allowable stack height is to be determined. The proposed changes allow more flexibility for permitting new sources.

SWCAA 400-230 Regulatory Actions and Civil Penalties. This is an existing section identifying the agency's authority to take regulatory action and issue civil penalties. The proposed changes improve internal rule consistency and respond to comments made by US EPA.

SWCAA 400-800 Major Stationary Source and Major Modification in a Nonattainment Area. This is a new section identifying requirements for new major stationary sources located in a designated nonattainment area. The proposed changes are necessary to comply with state and federal major source permitting requirements.

SWCAA 400-810 Major Stationary Source and Major Modification Definitions. This is a new section containing definitions applicable to the permitting program for new major stationary sources located in a designated nonattainment area. The proposed changes are necessary to comply with state and federal major source permitting requirements.

SWCAA 400-820 Determining If a New Stationary Source of Modification to a Stationary Source is Subject to These Requirements. This is a new section containing the methodology for determining the applicability of the nonattainment area permitting program to major stationary sources. The proposed changes are necessary to comply with state and federal major source permitting requirements.

SWCAA 400-830 Permitting Requirements. This is a new section identifying permit requirements for new major stationary sources located in a designated nonattainment area. The proposed changes are necessary to comply with state and federal major source permitting requirements.

SWCAA 400-840 Emission Offset Requirements. This is a new section identifying emission offset requirements for major source permitting actions in a designated nonattainment area. The proposed changes are necessary to comply with state and federal major source permitting requirements.

SWCAA 400-850 Actual Emissions - Plantwide Applicability Limitation (PAL). This is a new section adopting by reference the Actuals Plantwide Applicability limit program contained in Section IV.K of 40 C.F.R. 51, Appendix S. The proposed changes are necessary to comply with state and federal major source permitting requirements.

SWCAA 400-860 Public Involvement Procedures. This is a new section identifying public involvement requirements for major source permitting actions in a designated nonattainment area. The proposed changes are necessary to comply with state and federal major source permitting requirements.

SWCAA 400 Appendix A SWCAA Method 9/Visual Opacity Determination Method. This is an existing section containing a protocol for determining visual opacity from stationary sources. The proposed change is necessary for proper implementation of the affected test method.

SWCAA 400 Appendix B Description of Vancouver Ozone and Carbon Monoxide Maintenance Plan Boundary. This is an existing section containing a map and legal description of the boundary of the Vancouver Ozone and Carbon Monoxide Maintenance Plan Area. The proposed change is intended to improve enforcement of various maintenance plan provisions by making the maintenance plan area easier to identify.

SWCAA 400 Appendix C Federal Standards Adopted by Reference. This is an existing section containing informational lists of all federal regulations adopted by reference pursuant to SWCAA 400-075 and 400-115. The proposed change is intended to improve implementation of the affected standards.

Citation of Existing Rules Affected by this Order: Repealing 400-140 and 400-141; and amending 400-020, 400-030, 400-040, 400-045, 400-046, 400-050, 400-060, 400-070, 400-072, 400-075, 400-076, 400-081, 400-091, 400-099, 400-100, 400-101, 400-103, 400-105, 400-106, 400-107, 400-109, 400-110, 400-111, 400-112, 400-113, 400-115, 400-130, 400-131, 400-136, 400-171, 400-190, 400-200, 400-230, 400-Appendix A, 400-Appendix B, and 400-Appendix C.

Statutory Authority for Adoption: RCW 70.94.141.

Adopted under notice filed as WSR 16-13-147 on June 22, 2016.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 7, Amended 5, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 31, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 31, Repealed 2.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 1, 2016.

Uri Papish

Executive Director