WSR 18-14-004

PROPOSED RULES

NORTHWEST CLEAN

AIR AGENCY

[Filed June 21, 2018, 8:32 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): On August 22, 2018, at 10:00 a.m., at the NWCAA Office, 1600 South 2nd Street, Mount Vernon, WA.

Date of Intended Adoption: September 13, 2018.

Submit Written Comments to: Mark Buford, 1600 South 2nd Street, Mount Vernon, WA 98273, email info@nwcleanairwa.gov, fax 360-428-1620, by August 22, 2018.

Assistance for Persons with Disabilities: Contact Laurie Caskey-Schreiber, phone 360-428-1617, fax 360-428-1620, email info@nwcleanairwa.gov, by August 15, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

Gasoline Dispensing Facilities (GDF) (amended NWCAA Section 580.6)


•	Added, revised, and clarified relevant definitions and terminology to better correlate with GDF provisions.
•	Updated the applicability of GDF provisions to be more consistent with federal regulations (i.e., 40 C.F.R. 63 Subpart CCCCCC) and chapter 173-491 WAC.
•	Clarified GDF requirements, including those related to keeping the vapor recovery system equipment in good working order.
•	Added a tiered pressure decay test varying from every one to five years, depending on GDF size, which should help ensure gasoline tanks at GDFs are operated and maintained in a vapor-tight condition and in good working order.


º	Added certification requirement for testers.
º	Added shutdown provisions if failed equipment not repaired within fourteen days.
º	Added submittal of test reports.
º	Added five-year test report record retention.

Spray Coating Operations (new NWCAA Section 508):


•	This is a spray coating regulation modeled after other local clean air agency regulations and 40 C.F.R. 63 Subpart HHHHHH that focuses on work practices and controls for spray coating operations at sources of air pollution and portable spray coating operations.
•	There are requirements for enclosures, filtration, ventilation stacks, clean-up, storage and disposal of volatile organic compounds, and record keeping.
•	There are exemptions for architectural or maintenance coatings to stationary structures, maintenance coatings to farm and mining equipment, bed liners, fiberglass resin and gel coat applications, air-brush equipment, aerosol spray cans, surface coating applications using powder coating or non-atomizing applications (e.g., paint brushes, rollers, hand-wipe, etc.), inside exhaust, and enclosures for large objects and existing spray coating operations conducted in enclosed spray areas located outdoors.
•	Sources have up to twenty-four months to come into compliance with certain enclosure and control requirements.
•	The regulation will reduce particulate emissions and lessen public exposure to toxic air pollutants.

Public Records (amended NWCAA Section 106):


•	Clarified and updated the public records program to reflect recent changes in chapters 42.56 RCW and 44-14 WAC.

Definitions (amended NWCAA Section 200):


•	Update general definition section to remove terms that are not used in the regulation, incorporate definitions from NWCAA Section 580, and add terms related to the GDF change.

Adoption by Reference (amended NWCAA Section 104):


•	Update adoption by reference list to allow us to implement the most recent version of the referenced state and federal rules. In addition, adopt by reference the following federal rules so that NWCAA will be the implementing agency rather than EPA within NWCAA jurisdiction: 40 C.F.R. 60 Subpart XXX (Standards of Performance for Municipal Solid Waste Landfills that Commenced Construction, Reconstruction, or Modification after July 17, 2014) and 40 C.F.R. 60 Subpart OOOOa (Standards of Performance for Crude Oil and Natural Gas Facilities for Which Construction, Modification or Reconstruction Commenced after September 18, 2015).
•	Remove citations that do not need to be adopted by reference or have been deleted from the WAC.

New/Amended Regulation Section Derivations:

Amended NWCAA Section 106: Revised to reflect chapters 42.56 RCW and 44-14 WAC; subsection numbering to match current format.

Amended NWCAA Section 200 –

"Bottom Loading" definition: Copied from NWCAA Section 580 and clarified.

"Bulk Gasoline Plant" definition: Copied from NWCAA Section 580 and clarified.

"Closed Refinery System" definition: Copied from NWCAA Section 580 and clarified.

"Cutback Asphalt" definition: Copied from NWCAA Section 580 and clarified.

"Disposal System" definition: Copied from NWCAA Section 580 and clarified.

"Fuel Burning Equipment" definition: New language.

"Gasoline" definition: Copied from NWCAA Section 580 and clarified.

"Gasoline Dispensing Facility" definition: Copied from NWCAA Section 580 and clarified.

"Gasoline Loading Terminal" definition: Copied from NWCAA Section 580 and clarified.

"National Pollution Discharge Elimination System (NPDES)" definition: New language.

"Petroleum Refinery" definition: Copied from NWCAA Section 580 and clarified.

"Process Unit" definition: Copied from NWCAA Section 580 and clarified.

"Proper Attachment Fittings" definition: Copied from NWCAA Section 580 and clarified.

"Stage I Vapor Recovery" definition: New term and definition.

"Stage II Vapor Recovery" definition: Copied from NWCAA Section 580 and clarified.

"Submerged Fill Line" definition: Copied from NWCAA Section 580 and clarified.

"Submerged Loading" definition: Copied from NWCAA Section 580 and clarified.

"Suitable Closure or Suitable Cover" definition: Copied from NWCAA Section 580 and clarified

"Temporary Source" definition: New term and definition.

"Throughput" definition: Copied from NWCAA Section 580 and clarified.

"Transport Tank" definition: Copied from NWCAA Section 580 and clarified.

"Turnaround or Process Unit Turnaround" definition: Copied from NWCAA Section 580 and clarified.

"Vapor Balance System" definition: Copied from NWCAA Section 580 and clarified.

"Vapor Recovery System" definition: Copied from NWCAA Section 580 and clarified.

"Volatile Organic Compound (VOC)" definition: Revised to reference chapter 173-400 WAC.

"Waxy, Heavy Pour Crude Oil" definition: Copied from NWCAA Section 580 and clarified.

New NWCAA Section 508: New language.

Amended NWCAA Section 580.6: Revised language; subsection numbering changed to match current format.

Distributions for Section Being Replaced: Amended NWCAA Section 200 –

"Adverse Impact on Visibility" definition: Deleted as not used.

"Air Quality Standard" definition: Deleted as not used.

"Class I Area" definition: Deleted as not used.

"Combustion and Incineration Units" definition: Deleted as not used.

"Commence" definition: Deleted as not used.

"Complainant" definition: Deleted as not used.

"Existing Stationary Facility" definition: Deleted as not used.

"Federal Class I Area" definition: Deleted as not used.

"Federal Land Manager" definition: Deleted as not used.

"Fire Chief" definition: Deleted as not used.

"Hearings Board" definition: Deleted as not used.

"Hog Fuel Boiler" definition:Deleted as not used.

"Lowest Achievable Emission Rate (LAER)" definition: Deleted as not used.

"Mandatory Class I Federal Area" definition: Deleted as not used.

"Mercury" definition: Deleted as not used.

"Mercury Ore" definition: Deleted as not used.

"Natural Conditions" definition: Deleted as not used.

"Net Emissions Increase" definition: Deleted as not used.

"Non-Highway Mobile Source" definition: Deleted as not used.

"Pathological Waste" definition: Deleted as not used.

"Reasonably Attributable" definition: Deleted as not used.

"Stack Height" definition: Deleted as not used.

"Straw" definition: Deleted as not used.

Reasons Supporting Proposal: See bullet list 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 Buford, 1600 South 2nd Street, Mount Vernon, WA, 360-428-1617.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 70.94.141.

Explanation of exemptions: Not applicable under RCW 70.94.141.

June 21, 2018

Mark Buford

Executive 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 18-15 issue of the Register.