WSR 98-24-080

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[Filed December 1, 1998, 10:08 a.m.]

Original Notice.

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

Title of Rule: SCAPCA Regulation I, Article VI, Section 6.14 and 6.15: Standards for Control of Particulate Matter on Paved and Unpaved Roads.

Purpose: To limit particulate matter emissions from paved and unpaved roads as an integral part of the strategy to attain and maintain the National Ambient Air Quality Standard for PM10.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: Chapter 70.94 RCW and 42 USC 7401 et seq.

Summary: The regulation established requirements, in the PM10 nonattainment area, for paving or treating unpaved roads, for sweeping paved roads, and for clean traction materials. The proposed amendments would retain the geographical applicability, after the PM10 standard is revoked.

Reasons Supporting Proposal: Federal regulations and guidance require preservation of air quality improvements in areas that formerly violated National Ambient Air Quality Standards.

Name of Agency Personnel Responsible for Drafting: Eric Skelton, 1101 West College, Spokane, WA 99201, (509) 477-4727; Implementation: Ron Edgar, 1101 West College, Spokane, WA 99201, (509) 477-4727; and Enforcement: Mabel Caine, 1101 West College, Spokane, WA 99201, (509) 477-4727.

Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

Rule is necessary because of federal law, 42 USC 7410.

Explanation of Rule, its Purpose, and Anticipated Effects: The regulation in its present form, establishes requirements for when unpaved roads must be paved or otherwise treated for dust control purposes. It also requires sweeping of paved roads and sets standards for traction materials. The purpose is to reduce particulate emissions in the PM10 nonattainment area as one of the strategies to attain and maintain the National Ambient Air Quality Standard. The purpose of the amendments is to maintain the same requirements, even after the PM10 standard is revoked. The anticipated effect, in addition to preserving air quality gains, is that EPA will give final approval to the implementation plan for PM10 and revoke the preexisting PM10 standard for Spokane.

Proposal Changes the Following Existing Rules: The proposal redefines the PM10 nonattainment area to mean the same geographical area, even after the preexisting PM10 standard is revoked.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Spokane County Air Pollution Control Authority is not required to file the statement.

RCW 34.05.328 does not apply to this rule adoption. This is a local agency rule. The Spokane County Air Pollution Control Authority is not one of the applicable agencies as defined in RCW 34.05.328 (5)(a).

Hearing Location: Spokane County Public Works Building, 1026 West Broadway, Lower Level, Spokane, WA 99260, on January 7, 1999, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Barbara J. Nelson by January 4, 1999, (509) 477-4727.

Submit Written Comments to: Eric Skelton, 1101 West College, #403, Spokane, WA 99201, fax (509) 477-6828, by January 6, 1999.

Date of Intended Adoption: January 7, 1999.

November 30, 1998

Eric Skelton

Director

SECTION 6.14 STANDARDS FOR CONTROL OF PARTICULATE MATTER ON PAVED SURFACES

AMENDATORY SECTION

REGULATION I SECTION 6.14.A. Applicability

A. Applicability. The provisions of Section 6.14 shall apply to any state, county, city or local government or private company that applies sanding materials to or mechanically sweeps or vacuums paved surfaces within the ((Spokane)) PM10 Nonattainment area. This Section shall also apply to all suppliers of sanding materials to be used by these affected entities.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

REGULATION I SECTION 6.14.B Definitions

B. Definitions.

1. Affected Entities are any state, county, city or local government or private company that applies sanding material to, or mechanically sweeps or vacuums paved surfaces within the ((Spokane)) PM10 Nonattainment area.

2. Approved Laboratory means a certified or approved facility capable of performing the specified tests in a competent, professional, and unbiased manner in accordance with ASTM testing procedures.

3. The Authority is the Spokane County Air Pollution Control Authority

4. Base Sanding Amount is the average amount of sanding materials applied per lane mile by each affected entity within the ((Spokane)) PM10 Nonattainment Area during the 1992 - 1993 season or another base season, as requested by an affected entity and approved by the Authority.

5. Durability Index means the percent loss of weight as determined using ASTM "Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine", designated C131-89, or other approved ASTM procedure.

6. Full Deployment means that all priority roadways targeted for treatment during a snow/ice event are sanded.

7. Percent Fines means the percent material passing a #100 sieve as determined by the American Society for Testing Materials (ASTM) "Standard Method for Sieve Analysis of Fine and Coarse Aggregates", Designation C136-84a (1988) (American Highway and Transportation Officials designation T27-88), or other approved ASTM procedure.

8. PM10 Nonattainment Area means the Spokane County PM10 Nonattainment Area, defined in CFR Title 40, Part 81, as designated on November 15, 1990. This definition will remain in effect, even after the United States Environmental Protection Agency makes the determination that the PM10 standard that existed before September 16, 1997, no longer applies to Spokane County. Retaining the definition ensures compliance with the Environmental Protection Agency's Guidance for Implementing the 1-Hour Ozone and Pre-Existing PM₁₀ NAAQS, dated December 29, 1997, by continuing implementation of control measures in the State Implementation Plan and preserving air quality gains.

((8))9. Priority Roadway means any street, arterial, or highway, within the ((Spokane)) PM10 Nonattainment Area, with more than 15,000 average daily traffic count, and any connecting entrance or exit ramp.

((9))10. Recycled Sanding Materials means previously used sanding materials which have been collected from roadway or paved areas and are then reused as is, after washing, or after blending with new sanding materials.

((10))11. Sanding Materials means natural geologic materials, excluding salt and other de-icing chemicals, used to provide increased traction on roadways or paved areas.

((11))12. Season means the period beginning, November 1, in one calendar year and concluding on April 30, the next calendar year.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

SECTION 6.15 STANDARDS FOR CONTROL OF PARTICULATE MATTER ON UNPAVED ROADS

AMENDATORY SECTION

REGULATION I SECTION 6.15.B. DEFINITIONS

B. Definitions.

1. Authority means the Spokane County Air Pollution Control Authority.

2. Ecology means the Washington Department of Ecology.

3. EPA means the United States Environmental Protection Agency or the Administrator of the United States Environmental Protection Agency or his/her designated representative.

4. Implementation Plan has the same meaning as in Section 110 of the Federal Clean Air Act (42 USC 7410).

5. Maintenance Plan has the same meaning as in Section 175A of the Federal Clean Air Act (42 USC 7505).

6. Palliative means salts and other hygroscopic materials, petroleum resins, asphalt emulsions, adhesives, chemical soil stabilizers or other surface treatment materials acting as a method of dust control, and not prohibited for use by any local, state, or federal law, rule, or regulation.

7. Paved means application of concrete, asphaltic concrete, asphalt, or combination thereof as a means of forming a permanent surface for a road.

8. PM10 Nonattainment Area means the Spokane County PM10 Nonattainment Area, ((as)) defined in CFR Title 40, Part 81, as designated on November 15, 1990. This definition will remain in effect, even after EPA makes the determination that the PM10 standard that existed before September 16, 1997, no longer applies to Spokane County. Retaining the definition ensures compliance with the EPA's Guidance for Implementing the 1-Hour Ozone and Pre-Existing PM₁₀ NAAQS, dated December 29, 1997, by continuing implementation of control measures in the Implementation Plan and preserving air quality gains.

9. Reasonable Further Progress has the same meaning as in Section 171(1) of the Federal Clean Air Act (42 USC 7501).