Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Amending OAPCA's Regulation 1 Section 15.09 "Vapor Recovery Stage II.".

Purpose: To amend OAPCA Regulation 1 to reflect the changes to WAC 173-491-040(5) as adopted by the Washington State Department of Ecology on January 14, 1997.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: Chapter 70.94 RCW.

Summary: Amending OAPCA Regulation 1 Section 15.09 to conform with changes in WAC 173-491-040(5).

Reasons Supporting Proposal: WAC 173-491-040 changes the requirements for Stage II vapor recovery at gasoline stations. These changes need to be reflected in OAPCA Regulation 1.

Name of Agency Personnel Responsible for Drafting: Robert Moody, 909 Sleater Kinney Road, 438-8768; Implementation and Enforcement: Chris Drechsel, 909 Sleater Kinney Road, 438-8768.

Name of Proponent: Olympic Air Pollution Control Authority, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Department of Ecology determined that retaining Stage II vapor recovery in Thurston County is important to maintaining the National Ambient Air Quality Standard for Ozone in the Seattle-Tacoma maintenance area, Stage II vapor recovery will be retained in Thurston County for larger, higher volume gas stations. The purpose of the rule is to retain vapor controls for larger stations.

Proposal Changes the Following Existing Rules: The new rule will require Stage II vapor recovery only at new or existing gasoline stations that pump more than 1,200,000 gallons of gasoline annually. The existing rule also requires Stage II controls on stations pumping 840,000 gallons by December 31, 1998. This later requirement will no longer apply with this new rule.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This amendment is exempt from RCW 19.85.025.

RCW 34.05.328 does not apply to this rule adoption. This amendment is exempt from RCW 34.05.328 because the rule reflects the changes made in WAC 173-491-040(5). This exemption is specified in RCW 34.05.328 (5)(b)(iii).

Hearing Location: Olympic Air Pollution Control Authority Office, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, on July 8, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Craig Weckesser by July 3, 1998, TDD (360) 407-6006, or (360) 438-8768 ext. 111.

Submit Written Comments to: Robert Moody, Olympic Air Pollution Control Authority Office, FAX (360) 491-6308, by July 7, 1998.

Date of Intended Adoption: August 9, 1998.

May 19, 1998

Chris Drechsel

Air Quality Specialist I

section 15.09 vapor recovery stage ii

(a) ((For purposes of attainment or maintenance of the National Ambient Air Quality Standard for ozone s)) Stage II vapor recovery ((may only be)) is required at a ((service station, or any other)) gasoline dispensing facility supplying fuel to the general public((, in any of)) under the following circumstances:

(((a))) (1) ((The)) Any facility that ((sells)) dispenses in excess of ((six)) one million two hundred thousand gallons (((600,000)))(1,200,000) of gasoline per year and is located in ((a c)) Thurston County. ((, any part of which is designated as nonattainment for ozone under the federal clean air act, 42 USC Section 7407; or)) This requirement will end on December 31, 2002, unless the department of ecology determines that Stage II is important to achieving or maintaining the National Ambient Air Quality Standard for Ozone in a nonattainment or maintenance plan county.

(((b) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county where a maintenance plan has been adopted by a local air pollution control authority or the department of ecology that includes gasoline vapor recovery devices as a control strategy; or))

(((c) From the effective date of this section until December 31, 1998, in any facility that sells in excess of one million two hundred thousand gallons (1,200,000) of gasoline per year and is located in an ozone-contributing county. For purposes of this section, an ozone-contributing county means a county in which the emissions have contributed to the formation of ozone in any county where violations of federal ozone standards have been measured, and includes Thurston County; or

(d) After December 31, 1998, in any facility that sells in excess of eight hundred forty thousand (840,000) gallons of gasoline per year and is located in any county, no part of which is designated as nonattainment for ozone under the federal clean air act, 42 USC Section 7407, provided that the department of ecology determines by December 31, 1997, that the use of gasoline vapor control devices in the county is important to achieving or maintaining attainment status in any other county.))