WSR 24-01-073

PERMANENT RULES

NORTHWEST CLEAN

AIR AGENCY

[Filed December 14, 2023, 3:17 p.m., effective January 14, 2024]

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

Purpose: Update the adoption-by-reference date to allow implementation of the most recent version of the referenced state and federal rules; delete chapter 173-442 WAC since it has been repealed; and add 40 C.F.R. 60 Subparts AAb, KKa, MMa, and TTTa and 40 C.F.R. 62 Subpart OOO to the list. (Northwest Clean Air Agency (NWCAA) Section 104).

Replace the detailed public records procedures in the regulation with a general policy statement in accordance with the Public Records Act in chapter 42.56 RCW. The specific details and procedures related to public records is published in a policy on the NWCAA website. This will allow NWCAA to better keep the public records policy up-to-date with the frequent changes in the RCW and current case law (NWCAA Section 106).

Update the adoption-by-reference date to allow implementation of the most recent version of the referenced state rules related to the State Environmental Policy Act (SEPA) (NWCAA Section 155).

Revise the definition of "Volatile organic compound (VOC)" to point to the general definitions in WAC 173-400-030 to avoid having to update the NWCAA definition each time the WAC definition section is renumbered (NWCAA Section 200).

Citation of Rules Affected by this Order: Amending Sections 104, 155, 106, and 200 of the Regulation of the NWCAA.

Statutory Authority for Adoption: Chapter 70A.15 RCW.

Adopted under notice filed as WSR 23-21-098 on October 18, 2023.

Date Adopted: December 14, 2023.

Mark Buford

Executive Director