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SUBSTITUTE
SENATE BILL 6466
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Passed Legislature -
1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 01/31/96.
Allowing
construction that has a minor impact on air quality to proceed without a notice
of construction or review approval from the department of ecology.
AN ACT Relating to
review of minor new sources of air pollution; and amending RCW 70.94.152.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.94.152 and 1993 c
252 s 4 are each amended to read as follows:
(1) The department of
ecology or board of any authority may require notice of the establishment of
any proposed new sources except single family and duplex dwellings or de
minimis new sources as defined in rules adopted under subsection (11) of this
section. The department of ecology or board may require such notice to be
accompanied by a fee and determine the amount of such fee: PROVIDED, That the
amount of the fee may not exceed the cost of reviewing the plans,
specifications, and other information and administering such notice: PROVIDED
FURTHER, That any such notice given or notice of construction application
submitted to either the board or to the department of ecology shall preclude a
further submittal of a duplicate application to any board or to the department
of ecology.
(2) The department
shall, after opportunity for public review and comment, adopt rules that
establish a workload-driven process for determination and review of the fee
covering the direct and indirect costs of processing a notice of construction
application and a methodology for tracking revenues and expenditures. All new
source fees collected by the department from permit program sources shall be
deposited in the air operating permit account. All new source fees collected
by the delegated local air authorities from permit program sources shall be
deposited in the dedicated accounts of their respective treasuries. All new
source fees collected by the department from nonpermit program sources shall be
deposited in the air pollution control account. All new source fees collected
by local air authorities from nonpermit program sources shall be deposited in
their respective treasuries.
(3) Within thirty days
of receipt of a notice of construction application, the department of ecology
or board may require, as a condition precedent to the establishment of the new
source or sources covered thereby, the submission of plans, specifications, and
such other information as it deems necessary to determine whether the proposed
new source will be in accord with applicable rules and regulations in force
under this chapter. If on the basis of plans, specifications, or other
information required under this section the department of ecology or board
determines that the proposed new source will not be in accord with this chapter
or the applicable ordinances, resolutions, rules, and regulations adopted under
this chapter, it shall issue an order denying permission to establish the new
source. If on the basis of plans, specifications, or other information
required under this section, the department of ecology or board determines that
the proposed new source will be in accord with this chapter, and the applicable
rules and regulations adopted under this chapter, it shall issue an order of
approval for the establishment of the new source or sources, which order may
provide such conditions as are reasonably necessary to assure the maintenance
of compliance with this chapter and the applicable rules and regulations
adopted under this chapter. Every order of approval under this chapter must be
reviewed prior to issuance by a professional engineer or staff under the
supervision of a professional engineer in the employ of the department of
ecology or board.
(4) The determination
required under subsection (3) of this section shall include a determination of
whether the operation of the new air contaminant source at the location
proposed will cause any ambient air quality standard to be exceeded.
(5) New source review
of a modification shall be limited to the emission unit or units proposed to be
modified and the air contaminants whose emissions would increase as a result of
the modification.
(6) Nothing in this
section shall be construed to authorize the department of ecology or board to
require the use of emission control equipment or other equipment, machinery, or
devices of any particular type, from any particular supplier, or produced by
any particular manufacturer.
(7) Any features,
machines, and devices constituting parts of or called for by plans, specifications,
or other information submitted pursuant to subsection (1) or (3) of this
section shall be maintained and operate in good working order.
(8) The absence of an
ordinance, resolution, rule, or regulation, or the failure to issue an order
pursuant to this section shall not relieve any person from his or her
obligation to comply with applicable emission control requirements or with any
other provision of law.
(9) Within thirty days
of receipt of a notice of construction application the department of ecology or
board shall either notify the applicant in writing that the application is
complete or notify the applicant in writing of all additional information
necessary to complete the application. Within sixty days of receipt of a
complete application the department or board shall either (a) issue a final
decision on the application, or (b) for those projects subject to public
notice, initiate notice and comment on a proposed decision, followed as
promptly as possible by a final decision. A person seeking approval to
construct or modify a source that requires an operating permit may elect to
integrate review of the operating permit application or amendment required by
RCW 70.94.161 and the notice of construction application required by this
section. A notice of construction application designated for integrated review
shall be processed in accordance with operating permit program procedures and
deadlines.
(10) ((Best
available control technology (BACT) is required for new sources except where
the federal clean air act requires compliance with the lowest achievable
emission rate (LAER).)) A notice of construction approval required under
subsection (3) of this section shall include a determination that the new
source will achieve best available control technology. If more stringent
controls are required under federal law, the notice of construction shall
include a determination that the new source will achieve the more stringent
federal requirements. Nothing in this subsection is intended to diminish other
state authorities under this chapter.
(11) No person is
required to submit a notice of construction or receive approval for a new
source that is deemed by the department of ecology or board to have de minimis
impact on air quality. The department of ecology shall adopt and periodically
update rules identifying categories of de minimis new sources. The department
of ecology may identify de minimus new sources by category, size, or emission
thresholds.
(12) For purposes of
this section, "de minimus new sources" means new sources with trivial
levels of emissions that do not pose a threat to human health or the
environment.
