SSB 5343 -
By Representative Morris
NOT CONSIDERED 04/22/2011
On page 1, beginning on line 3 of the amendment, strike all material through "2012." on line 26 and insert the following:
"Sec. 1 RCW 70.94.152 and 1996 c 67 s 1 and 1996 c 29 s 1 are
each reenacted and amended to read as follows:
(1)(a) The department ((of ecology)) or board of any authority may
require notice of the establishment of any proposed new sources,
except:
(i) Single-family and duplex dwellings ((or));
(ii) De minimis new sources as defined in rules adopted under
subsection (11) of this section; and
(iii) New and existing sources that are exempt under subsection
(13) of this section.
(b) The department ((of ecology)) or board may require such notice
to be accompanied by a fee, and determine the amount of ((such)) the
fee((: PROVIDED, That the amount of)). The fee may not exceed the
cost of reviewing the plans, specifications, and other information and
administering ((such)) the 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 delegated local air)) authorities from sources
shall be deposited in the dedicated accounts of their respective
treasuries. All new source fees collected by the department from
sources shall be deposited in the air pollution control account.
(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) 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 minimis new sources by category, size, or
emission thresholds.
(12) For purposes of this section, "de minimis new sources" means
new sources with trivial levels of emissions that do not pose a threat
to human health or the environment.
(13)(a) One or more generators operating at an electric generating
project are exempt from the requirements of this section if:
(i) The generators are fueled solely by biogas that:
(A) Is produced by an anaerobic digester that qualifies for the
solid waste permitting exemption specified in RCW 70.95.330; and
(B) Contains less than 0.1 percent sulfur after a startup period
not exceeding one hundred eighty days;
(ii) The aggregate heat input from the generators does not exceed
ten million British thermal units per hour; and
(iii) The exemption is permissible under federal law.
(b) A modified generator may retain an exemption under this
subsection if the generator continues to meet the requirements
specified in (a) of this subsection.
(c) For the purposes of this subsection: (i) "Anaerobic digester"
means a vessel that processes organic material into biogas and
digestate using microorganisms in a decomposition process within a
closed, oxygen-free container; and (ii) "generator" means an internal
combustion engine that converts biogas into electricity, and includes
any backup combustion device to burn biogas when an engine is idled for
maintenance.
(d) For generators exempted under this subsection or permitted
under this section, the department shall measure emission outputs using
SCREEN3 air modeling software approved by the United States
environmental protection agency or another air modeling software that
is no more stringent than SCREEN3 that is approved by the United States
environmental protection agency.
(e) This subsection is void and has no force or effect when the
department adopts rules consistent with the final rules promulgated by
the United States environmental protection agency concerning: (i) New
thresholds for greenhouse gas emissions that define when permits under
the new source review and Title V operating permits program under the
federal clean air act would be required for new or existing industrial
facilities; and (ii) any changes to national ambient air quality
standards after the United States environmental protection agency
reviews biomass technologies.
(f) The exemption created in this subsection applies retroactively
to January 1, 2004, with respect to generators that were subject to
requirements imposed under this section prior to the effective date of
this section."
EFFECT: Removes the rule-making requirements in the underlying bill. Exempts certain qualifying generators from the notice of construction permitting requirements under the state clean air act and makes this exemption retroactive to January 1, 2004. Requires the department of ecology (DOE) to measure emission outputs of exempt and permitted generators using air modeling software that is no more stringent than SCREEN3 software. Provides that the exemption is void and has no force or effect when the DOE adopts rules consistent with the United States environmental protection agency's (EPA) final rules concerning: (1) new thresholds for greenhouse gas emissions under the federal clean air act; and (2) any changes to national ambient air quality standards after the EPA reviews biomass technologies.