WSR 00-03-082

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed January 19, 2000, 10:16 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Delete Regulation II, Section 3.07; and amend Regulation III, Appendix A.

Purpose: To delete Section 3.07 since there are no longer any petroleum solvent dry cleaning systems in our jurisdiction that use more than 15,000 gallons. To clarify the list of chemicals in Appendix A and their EPA hazardous air pollutant (HAP) list designations.

Other Identifying Information: Section 3.07 - Petroleum Solvent Dry Cleaning Systems. Appendix A - Acceptable Source Impact Levels.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: To delete Section 3.07 of Regulation II; and to clarify the chemical list in Appendix A of Regulation III.

Reasons Supporting Proposal: Any new dry cleaning system must meet all Notice of Construction requirements, including using best available control technology so Section 3.07 of Regulation II is no longer needed. Emission reporting and annual fee payment require clarity in the chemical list in Appendix A.

Name of Agency Personnel Responsible for Drafting: John Anderson, 110 Union Street #500, Seattle, WA 98101, (206) 689-4051; Implementation: Dave Kircher, 110 Union Street #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street #500, Seattle, WA 98101, (206) 689-4078.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

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

Explanation of Rule, its Purpose, and Anticipated Effects: For Section 3.07, Regulation II: This proposal deletes this section, since there are no longer any petroleum solvent dry cleaning systems in our jurisdiction that use more than 15,000 gallons, and any new dry cleaning system must meet all Notice of Construction requirements, including using best available control technology.

For Appendix A, Regulation III: Reporting requirements and annual fees depend on the use of Regulation III, Appendix A "Acceptable Source Impact Levels," a list of toxic air contaminants. These proposed changes clarify the list of chemicals and their EPA hazardous air pollutant (HAP) list designations including:

(1) A separate column has been added for synonyms,

(2) HAP compound references are italicized as well as placed in square brackets, and

(3) Parenthetical synonyms that were previously omitted from the alphabetical list have been added with their parentheses removed.

Proposal Changes the Following Existing Rules: This proposal deletes Section 3.07 of Regulation II; and clarifies the list of chemicals in Appendix A of Regulation III and their EPA hazardous air pollutant list designations.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: PSCAA Offices, 110 Union Street, #500, Seattle, WA 98101, on March 9, 2000, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by March 2, 2000, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, PSCAA, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by February 28, 2000.

Date of Intended Adoption: March 9, 2000.

January 18, 2000

David S. Kircher

Manager - Engineering

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-04 issue of the Register.

Washington State Code Reviser's Office