H-0670.2 _______________________________________________
HOUSE BILL 1396
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Delvin and Regala
Read first time 01/24/97. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to volatile organic compound emissions from automotive paint; amending RCW 70.94.030; and adding a new section to chapter 70.94 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.94.030 and 1993 c 252 s 2 are each amended to read as follows:
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.
(2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property. For the purpose of this chapter, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW.
(3) "Air quality standard" means an established concentration, exposure time, and frequency of occurrence of an air contaminant or multiple contaminants in the ambient air which shall not be exceeded.
(4) "Ambient air" means the surrounding outside air.
(5) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
(6) "Automotive volatile organic compound" means any motor vehicle paint, which contains an organic compound that participates in atmospheric photochemical reactions. However, "automotive volatile organic compound" does not mean a compound determined to have negligible photochemical reactivity by the United States environmental protection agency and listed in 40 C.F.R. Sec. 51.165.
(7)
"Best available control technology" (BACT) means an emission
limitation based on the maximum degree of reduction for each air pollutant
subject to regulation under this chapter emitted from or that results from any
new or modified stationary source, that the permitting authority, on a
case-by-case basis, taking into account energy, environmental, and economic
impacts and other costs, determines is achievable for such a source or
modification through application of production processes and available methods,
systems, and techniques, including fuel cleaning, clean fuels, or treatment or
innovative fuel combustion techniques for control of each such a pollutant. In
no event shall application of "best available control technology"
result in emissions of any pollutants that will exceed the emissions allowed by
any applicable standard under 40 C.F.R. Part 60 and Part 61, as they exist on
July 25, 1993, or their later enactments as adopted by reference by the
director by rule. Emissions from any source utilizing clean fuels, or any
other means, to comply with this subsection shall not be allowed to increase
above levels that would have been required under the definition of BACT as it
existed prior to enactment of the (([federal])) federal clean air
act amendments of 1990.
(((7)))
(8) "Best available retrofit technology" (BART) means an emission
limitation based on the degree of reduction achievable through the application
of the best system of continuous emission reduction for each pollutant that is
emitted by an existing stationary facility. The emission limitation must be
established, on a case-by-case basis, taking into consideration the technology
available, the costs of compliance, the energy and nonair quality environmental
impacts of compliance, any pollution control equipment in use or in existence
at the source, the remaining useful life of the source, and the degree of
improvement in visibility that might reasonably be anticipated to result from
the use of the technology.
(((8)))
(9) "Board" means the board of directors of an authority.
(((9)))
(10) "Control officer" means the air pollution control officer
of any authority.
(((10)))
(11) "Department" or "ecology" means the department
of ecology.
(((11)))
(12) "Emission" means a release of air contaminants into the
ambient air.
(((12)))
(13) "Emission standard" and "emission limitation"
mean a requirement established under the federal clean air act or this chapter
that limits the quantity, rate, or concentration of emissions of air
contaminants on a continuous basis, including any requirement relating to the
operation or maintenance of a source to assure continuous emission reduction,
and any design, equipment, work practice, or operational standard adopted under
the federal clean air act or this chapter.
(((13)))
(14) "Lowest achievable emission rate" (LAER) means for any
source that rate of emissions that reflects:
(a) The most stringent emission limitation that is contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable; or
(b) The most stringent emission limitation that is achieved in practice by such class or category of source, whichever is more stringent.
In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source performance standards.
(((14)))
(15) "Modification" means any physical change in, or change in
the method of operation of, a stationary source that increases the amount of
any air contaminant emitted by such source or that results in the emission of
any air contaminant not previously emitted. The term modification shall be
construed consistent with the definition of modification in Section 7411, Title
42, United States Code, and with rules implementing that section.
(((15)))
(16) "Multicounty authority" means an authority which consists
of two or more counties.
(((16)))
(17) "New source" means (a) the construction or modification
of a stationary source that increases the amount of any air contaminant emitted
by such source or that results in the emission of any air contaminant not
previously emitted, and (b) any other project that constitutes a new source under
the federal clean air act.
(((17)))
(18) "Permit program source" means a source required to apply
for or to maintain an operating permit under RCW 70.94.161.
(((18)))
(19) "Person" means an individual, firm, public or private
corporation, association, partnership, political subdivision of the state,
municipality, or governmental agency.
(((19)))
(20) "Reasonably available control technology" (RACT) means
the lowest emission limit that a particular source or source category is
capable of meeting by the application of control technology that is reasonably
available considering technological and economic feasibility. RACT is
determined on a case-by-case basis for an individual source or source category
taking into account the impact of the source upon air quality, the availability
of additional controls, the emission reduction to be achieved by additional
controls, the impact of additional controls on air quality, and the capital and
operating costs of the additional controls. RACT requirements for a source or
source category shall be adopted only after notice and opportunity for comment
are afforded.
(((20)))
(21) "Silvicultural burning" means burning of wood fiber on
forest land consistent with the provisions of RCW 70.94.660.
(((21)))
(22) "Source" means all of the emissions units including
quantifiable fugitive emissions, that are located on one or more contiguous or
adjacent properties, and are under the control of the same person, or persons
under common control, whose activities are ancillary to the production of a
single product or functionally related group of products.
(((22)))
(23) "Stationary source" means any building, structure,
facility, or installation that emits or may emit any air contaminant.
NEW SECTION. Sec. 2. A new section is added to chapter 70.94 RCW to read as follows:
(1) A business, its agent, or an individual may purchase automotive volatile organic compound material only if that business, agent, or individual provides the seller with an EPA/state identification number as referred to in WAC 173-303-060 as it exists on the effective date of this act. The purchaser must ensure that the purchaser's EPA/state identification number is recorded on all bills of sale at the time of purchase.
(2) Subsection (1) of this section does not apply to small quantities of the products, in containers of sixteen ounces or less.
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