WSR 18-13-113
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 18-03—Filed June 20, 2018, 9:23 a.m.]
Subject of Possible Rule Making: Chapter 173-405 WAC, Kraft pulping mills; chapter 173-410 WAC, Sulfite pulping mills; and chapter 173-415 WAC, Primary aluminum plants.
These three rules set statewide air quality requirements and standards for kraft pulping mills, sulfite pulping mills and primary aluminum plants.
We are proposing the following changes in this rule making:
Ecology previously revised chapter 173-400 WAC to comply with EPA's direction in the Startup Shutdown Malfunction State Implementation Plan Call (SSM SIP Call) (80 F.R. 33840). This rule making harmonizes chapters 173-405, 173-410 and 173-415 WAC with chapter 173-400 WAC for the SSM SIP call related changes.
Possibly make other changes to be consistent with federal requirements.
Make updates, technical clarifications, correct errors, and improve readability.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.94 RCW, RCW 70.94.152, 70.94.331, 70.94.395.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: See subject of possible rule making.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Ecology will communicate with, and seek input from, the federal Environmental Protection Agency (EPA) to ensure compliance with EPA's decision published on May 22, 2015 (80 F.R. 33840).
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter 34.05 RCW).
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Caroline (Ying) Sun, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 360-407-7528. People with speech disability may call TTY 877-833-6341. People with impaired hearing may call Washington relay service 711, email Caroline.Sun@ecy.wa.gov, web site https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC173-405-410-415, sign up to receive email notices http://listserv.ecology.wa.gov/scripts/wa-ECOLOGY.exe?A0=ECY-AQ-RULE-AND-SIP-UPDATES&X=OF7D460E8D17CE2B31F&Y=egui461%40ecy.wa.gov.
Additional comments: Interested parties can stay informed about the rule making and public involvement opportunities as described above. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.
June 20, 2018
Stuart A. Clark
Air Quality Program Manager