WSR 19-19-063

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[Filed September 16, 2019, 3:39 p.m.]

Original Notice.

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) regulations: Rule 1.11 Federal Regulation Reference Date and Appendix A – Adopted Federal Regulations and Standards.

Hearing Location(s): On November 13, 2019, at 10:00 a.m., at the Olympic Region Clean Air Agency, 2940 Limited Lane N.W., Olympia, WA 98502.

Date of Intended Adoption: November 13, 2019.

Submit Written Comments to: Mark Goodin, 2940 Limited Lane N.W., email mark.goodin@orcaa.org, fax 360-491-6308, by November 12, 2019.

Assistance for Persons with Disabilities: Contact Dan Nelson, phone 360-539-7610 ext. 111, fax 360-491-6308, email dan.nelson@orcaa.org, by November 6, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA proposes to update the effective date of the federal regulations that were previously adopted by the agency. Currently, where federal rules are referenced in agency regulations, the effective date of the federal regulations is July 1, 2018. The agency intends to update the effective date annually. This proposal would change the reference date to July 1, 2019. There are two proposed changes to Appendix A. The first change removes the dates from the descriptions and the second is a change to the sources affected by ORCAA adoption; specifically, gasoline dispensing stations included in 40 C.F.R. Part 63 Subpart CCCCCC. This change to the appendix aligns it with the existing ORCAA Rule 8.17.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: ORCAA, governmental.

Name of Agency Personnel Responsible for Drafting: Mark Goodin, 2940 Limited Lane N.W., Olympia, 360-539-7610; Implementation and Enforcement: Francea L. McNair, 2940 Limited Lane N.W., Olympia, 360-539-7610.

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. RCW 34.05.328 does not apply to local air agencies per RCW 70.94.141.

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

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Is exempt under RCW 19.85.011.

Explanation of exemptions: Chapter 19.85 RCW applies to "rules adopted by state agencies." RCW 70.94.141(1) states: "An air pollution control authority shall not be deemed to be a state agency." ORCAA is an air pollution control authority.

September 16, 2019

Francea L. McNair

Executive Director

APPENDIX A - ADOPTED FEDERAL REGULATIONS AND STANDARDS

40 CFR Part 60 - Standards of Performance for New Stationary Sources ((adopted by reference effective July 1, 2017.))

40 CFR Part 61 – National Emission Standards for Hazardous Air Pollutants ((adopted by reference effective July 1, 2017.))

40 CFR Part 63 – National Emission Standards for Hazardous Air Pollutants for Source Categories ((adopted by reference effective July 1, 2017))