CLEAN AIR AGENCY
[Filed March 17, 2020, 11:42 a.m.]
Title of Rule and Other Identifying Information: Amend Spokane regional clean air agency (SRCAA) Regulation I, Articles I, II, IV, and V, and some sections of Articles VI and X.
Hearing Location(s): On Tuesday, June 16, 2020, at 6:00 p.m.; and Thursday, July 9, 2020, at 9:30 a.m., at SRCAA Office, 3104 East Augusta Avenue, Spokane, WA 99207. Comment period: May 1, 2020 – July 9, 2020, ending at the close of the July 9, 2020, hearing.
Date of Intended Adoption: July 9, 2020.
Submit Written Comments to: Margee Chambers, 3104 East Augusta Avenue, Spokane, WA 99207, email PublicComment@spokanecleanair.org, fax 509-477-6828, by July 9, 2020, close of hearing. Note, please submit written comments by July 6, 2020, for comments to be included in the July 9, 2020, prehearing presentation.
Assistance for Persons with Disabilities: Contact Mary Kataoka, phone 509-477-4727 ext. # 100, fax 509-477-6828, email email@example.com, by July 6, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updates throughout Articles I, II, IV, V, VI, and X include: Formatting improvements for consistency among Articles in SRCAA Regulation I; clarification edits to improve ease of use, understanding, and improved readability of the Articles; correct typographical and spelling errors; remove obsolete text; update citing; and updates to improve consistency between local regulations and state and federal regulations. The summary below highlights additional proposed amendments.
Article I, amend Sections 1.01 – 1.04, new Section 1.05:
|•||Section 1.01: Update text to improve consistency with state and federal requirements and SIP approvability.|
|•||Section 1.04: Modify and add definitions to align with state chapter 173-400 WAC definitions and federal clean air act definitions; number the definitions to provide consistency with other Articles in Regulation I; remove definitions no longer needed in Regulation I; move closure procedure to Article IV, Section 4.05; and move upset condition definition from Article II to 1.04.|
|•||Add new Section 1.05 to improve ease of use and understanding of acronyms and measurements abbreviations used in Regulation I.|
Article II, amend Sections 2.01 – 2.15, new Sections 2.16 – 2.19:
|•||Section 2.02: Add new subsection (J) to explain source records requirement.|
|•||Section 2.07: Update with 2004 repeal information.|
|•||Section 2.09: Remove obsolete definitions; move "malfunction" to Article I; change order of subsections; include email as an allowable form of communication; expand test methods text for clarification and SIP approvability; and eliminate combustion tests subsection because requirements are included in an order of approval.|
|•||Section 2.13: Add a single point adoption by reference date for both state and federal rules; add clarification text for federal rules for administrator and reports. |
|•||Section 2.14: Update adoption by reference to show what WACs SRCAA is adopting by reference, rather than what SRCAA is excluding.|
|•||Add new federal adoption by reference Sections 2.16, 2.17, 2.18, and 2.19.|
Article IV, amend Sections 4.01 – 4.04, new Section 4.05:
|•||Section 4.01: Add new subsections explaining purpose and program components for clarification purposes, and improve consistency with state requirements.|
|•||Section 4.02: Restructure section; simplify text; add new fee subsection and operation and maintenance plan subsection; and move closure text to 4.05.|
|•||Section 4.03: Update exemption text to provide clarity on what is exempt from registration and exemption requirements.|
|•||Exhibit R: Rename Exhibit R to Section 4.04; restructure from one long list of sources to grouping in five categories: State requirements, local requirements, operation type, equipment type, toxic air pollutants, to improve ease of use by the agency staff and regulated sources; add new General Order of Approval option; update list to include source categories that the agency has been registering but were not previous[ly] specified in Exhibit R - source categories to uncontrolled emission rates - distilleries, general surface coating operations that only use nonspray application methods, nonperchloroethylene dry cleaning operations, fume hoods, plasma or laser cutters, welding, brazing or soldering operations; and operation types - alternative commercial fuel production facilities, Portland cement production facilities.|
|•||Add new Section 4.05 by moving closure procedural text from Sections 1.04 and 4.02 to Section 4.05, to improve ease of use and understanding of the requirements.|
Article V, amend Sections 5.01 – 5.15:
|•||Section 5.01: Update to include 2004 repeal information.|
|•||Section 5.02: Rework section to improve flow and clarity; add new subsections for purpose and applicability; change name of Notice of Intent (NOI) application to a Portable Source Permit (PSP) application; clarify text on when an [a] Notice of Construction (NOC) or PSP is required; and improve consistency with state and federal requirements; and update exemption subsection to provide clarity on what is exempt from new source review and exemption requirements.|
|•||Section 5.03: Simplify text.|
|•||Section 5.04: Updates to clarify what information the source must provide so that they [the] agency can make a determination; and improve consistency with state and federal requirements.|
|•||Section 5.05: Updates to clarify noticing, comment period and hearing requirements; improve consistency with state and federal requirements; and allow e-noticing.|
|•||Section 5.06: Clarify application completeness requirements.|
|•||Section 5.07: Update subsection (A) to improve consistency with state and federal requirements and clarify criteria that must be met for approval of NOC applications; clarify steps for the agency to take when a determination has been made; improve the flow of subsection (B) and include steps for agency to take when a determination has been made.|
|•||Section 5.08: Change NOI to PSP; simplify the permitting requirements for a portable source eliminating requirement to first obtain a [an] NOC prior to obtaining an NOI; update nonroad engine requirements; update exemption subsection to provide clarity on what is exempt from PSP and exemption requirements.|
|•||Section 5.09: Simplify operation and maintenance and compliance subsections; remove duplicative text that is housed in 5.07; add new subsection (C) with operating requirements for internal combustion engines.|
|•||Section 5.10: Simplify text; add transfer of ownership information that was housed in Section 5.02; and clarify change in conditions text.|
|•||Sections 5.11 - 5.15: Simplify text and improve readability.|
Article VI, amend Sections 6.01 – 6.09, 6.11 - 6.15 and 6.17:
|•||Section 6.03: Subsection (A) clarification and SIP approvability updates.|
|•||Section 6.04: Subsection (B) updates to improve consistency with state requirements and SIP approvability.|
|•||Repeal Section 6.06, duplicative of 6.04(C).|
|•||Section 6.07: Updates to improve consistency with WAC 173-400-040(8) and SIP approvability.|
|•||Section 6.09: Update with 2004 repeal information.|
|•||Section 6.12: Update with reserve information.|
|•||Section 6.13: Remove subsection (H) compliance schedule.|
|•||Section 6.15: Subsection (A) align applicability text to be the same as 6.14(A).|
Article X, amend Sections 10.02, 10.06 - 10.08, 10.11, and 10.13:
|•||Section 10.02: Update subsection (C) to exclude AOP from round up to nearest dollar requirements.|
|•||Section 10.06: Updates for clarification; and add consolidated to fee schedule.|
|•||Section 10.07: Change NOI to PSP; add consolidated to fee schedule; change recent to preceding; and update greater/less than symbols to words.|
|•||Section 10.08: Change NOI to PSP; add consolidated to fee schedule; change recent to preceding, and update citing.|
|•||Section 10.11: Update with 2005 repeal information.|
|•||Section 10.13: Update citing; add consolidated to fee schedule; and change recent to preceding.|
Anticipated effects: The amendments will improve clarity, readability, formatting consistency among articles; improve consistency with state and federal requirements; simplify compliance for the regulated community by adding adoption by reference sections that specify which state and federal rules are adopted by reference, streamline source test provisions, clarify registration program requirements, clarify new source review requirements, simplify portable source permitting process and update public involvement provisions to allow e-noticing; meet federal enforceability requirements and the EPAs federal requirements for incorporation in the state implementation plan.
Reasons Supporting Proposal: SRCAA Regulation I establishes the regulatory framework and control strategies to ensure that healthy air quality exists in Spokane County, Washington, including meeting the federal air quality standards. The proposed amendments update Regulation I to meet requirements in chapter 173-400 WAC and the federal New Source Review regulations to ensure that Spokane clean air is consistent with state and federal Clean Air Acts while attaining and maintaining good air quality and protecting citizens' health.
Statutory Authority for Adoption: RCW 70.94.141
Statute Being Implemented: The Washington Clean Air Act, chapter 70.94
RCW; the Federal Clean Air Act, 42 U.S.C. 7401 et. seq.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: SRCAA, governmental.
Name of Agency Personnel Responsible for Drafting: Margee Chambers, SRCAA, 509-477-4727; Implementation: April Westby, SRCAA, 509-477-4727; and Enforcement: Lori Rodriguez, SRCAA, 509-477-4727.
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
. SRCAA is a local air pollution control agency. Per RCW 70.94.141
, a cost-benefit analysis under RCW 34.05.328
does not apply to local air pollution control agencies.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: SRCAA is a local air pollution control agency. Per RCW 70.94.141
, a small business economic impact statement does not apply to local air pollution control agencies.
March 17, 2020
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 20-09
issue of the Register.