WSR 97-09-018

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY

[Order 97-07--Filed April 8, 1997, 9:32 a.m.]

Subject of Possible Rule Making: (1) Determination of the counties in which Stage 2 gasoline vapor recovery systems are needed to achieve or maintain the national ambient air quality standard (NAAQS) for ozone in a nonattainment or attainment plan county. Possible counties include Cowlitz, Island, Kitsap, Lewis, Skagit, Thurston, Wahkiakum, and Whatcom. (2) Revise chapters 173-490 and 173-491 WAC to provide clarity and ensure consistency.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.165.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: (1) Installation of Stage 2 gasoline vapor recovery systems in counties that contribute to the ozone problem in previous or current nonattainment areas will help those areas to achieve or maintain the NAAQS for ozone. (2) Overlapping, inconsistent, and duplicative parts of chapters 173-490 and 173-491 WAC will be reorganized.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Environmental Protection Agency (EPA) requires local air authorities that are or have been in violation of the NAAQS for ozone to adopt plans to achieve or maintain the standard. Use of Stage 2 is one of the strategies that local air authorities rely on to achieve attainment, although this is not directly required by EPA. The proposed rule will be consistent with local ozone plans. Local air authorities are represented on the advisory committee for this rule.

Process for Developing New Rule: Agency study; and the Department of Ecology is conducting a study of ozone precursor transport to determine which counties should have Stage 2. A committee has been established to advise ecology about design and interpretation of the study and its determination regarding the requirement for Stage 2. A proposed rule will be published. Hearings will be held.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. For more information about the proposed rule contact Kitty Gillespie, Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6862, FAX (360) 407-6802, e-mail kgil461@ecy.wa.gov.

April 1, 1997

D. J. Patin

Assistant Director

Legislature Code Reviser

Register

Washington State Code Reviser's Office