Original Notice.

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

Title of Rule: Spokane County Air Pollution Control Authority (SCAPCA) Regulation I, Article V - New, Modified, and Temporary Stationary Air Contaminant Sources.

Purpose: To amend the existing regulation to make it easier to read, establish exemption thresholds and categories, clarify source closure and transfer of ownership issues, provide an administrative revision process, clarify the appeal process, and establish the requirement for operations to employ best available control technology (BACT).

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.

Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.

Summary: The amendments to this rule will establish de minimis levels for air contaminant sources, below which, an order of approval is not required. It increases the readability of the regulation; clarifies the appeal process, source closure and transfer of ownership issues.

Reasons Supporting Proposal: De minimis levels for registration sources are necessary to ensure that agency time is best utilized for air contaminant sources that emit higher levels of air pollution. The revisions should make the regulation more understandable by the regulated community.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Spokane County Air Pollution Control Authority, 1101 West College, #403, Spokane, WA 99201, (509) 477-4727.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Certain sections of the original regulation were unclear in their intent. Agency resources are better utilized as a result of these changes.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This regulation identifies new, modified and temporary air pollution sources that are required to obtain an order of approval to construct, install, or operate in Spokane County. It also identifies source categories that are exempt from obtaining an order of approval. De minimis levels, below which registration is not required, are also established.

Effect: Insignificant emission sources will not be required to apply for order of approval to operate. Some fees will be lost to the agency. However, personnel resources will be better utilized.

Revisions should make the regulation more understandable by the regulated community and agency staff.

Proposal Changes the Following Existing Rules: The regulation is more understandable and better organized.

The regulation is more flexible.

Air pollution source categories are established for exemption from the regulation.

De minimis level for some air pollution source were established.

Source closure and transfer of ownership processes and procedures were included. BACT is established as the control level for new, modified, and temporary air pollution sources.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.

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 amendment.

Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room, Lower Level, Spokane, WA 99201, on May 4, 2000, at 9:00 a.m.

Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, fax (509) 477-6828, by May 1, 2000.

Date of Intended Adoption: May 4, 2000.

February 25, 2000

Charles E. Studer

Environmental Engineer

NEW, MODIFIED, AND TEMPORARY STATIONARY AIR CONTAMINANT SOURCES

((NOTICE OF CONSTRUCTION))

ADOPTED: June 9, 1969

((REVISION: September 1, 1994))

REVISED: May 4, 2000

((EFFECTIVE: October 6, 1994))

EFFECTIVE: June 4, 2000

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.01 DEFINITIONS

In addition to the definitions provided in Article I of this R((r))egulation and unless a different meaning is clearly required by context, words and phrases used in this Article shall have the following meaning:

A. ((C.)) Stationary Air Contaminant Source means any building, structure, facility, or installation, including any emissions unit as defined in Section 1.04 of this ((r))Regulation, that emits or may emit any air contaminant.

B. ((A.)) Modification means any physical change ((in)), or change in the method of operation of, a((n)) stationary air contaminant source that increases the amount of any air contaminant emitted by such a stationary air contaminant source or that results in the emissions of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition of modification in ((Section)) 42 USC 7411, ((Title 42, United States Code)), and with the rules implementing that section.

C. ((B.)) New Stationary Air Contaminant Source means the construction or installation ((modification)) of a((n)) stationary air contaminant source ((that increases the amount of any air contaminant emitted by such a source or that results in the emission of any air contaminant not previously emitted;)) and any other project that constitutes a new source under the Federal Clean Air Act. Replacement of existing emission unit(s) with new or used emission unit(s) qualifies as a new stationary air contaminant source, except as provided by the Control Officer in a Notice of Construction Approval.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.02 NOTICE OF CONSTRUCTION (NOC) - WHEN REQUIRED

A. No person shall ((construct, install,)) establish ((or modify)) a new stationary air contaminant source or modify an existing stationary air contaminant source, including but not limited, to the sources listed in Exhibit R of Article IV of this Regulation, except as provided for in 5.02.G ((E.)), and 5.02.H ((F.)) of this section, unless a "Notice of Construction and Application for Approval" has been filed by the owner, operator, or their agent, of the stationary air contaminant source (using Authority prepared and furnished application and information request forms) and approved by the Control Officer((, Authority using forms prepared and furnished by the Authority)). ((New source r)) 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.

B. New and modified stationary air contaminant source emission calculations shall be based on a((n)) stationary air contaminant source's potential to emit, as defined in Chapter 173-400-030 WAC.

C. ((B.)) No person shall replace or substantially alter the emissions control equipment installed on an existing stationary air contaminant source, except as provided for in 5.02.F ((D)) and 5.02.G ((E)) of this ((s))Section, unless a Notice of Construction and Application for Approval has been filed by the owner or operator of the stationary air contaminant source (using Authority prepared and furnished application and information request forms) and approved by the Control Officer ((Authority using forms prepared and furnished by the Authority)).

D. ((C.)) A separate Notice of Construction and Application for Approval shall be filed for each new or modified stationary air contaminant source or emissions control system, unless identical units are to be constructed, installed, or established and operated in an identical manner at the same facility. ((; provided that, t)) The owner or operator has the option to file one application for an entire facility, with a detailed inventory of contaminant sources and emissions related to that facility.

E. ((D.)) A Notice of Construction and Application for Approval shall not be required to commence an alteration, which would normally require a Notice of Construction and Application for Approval, pursuant to 5.02.D ((B)) of this ((s))Section, in the event of a breakdown or if delaying the alteration may endanger life or have other serious consequences. The Authority shall be notified in writing of the alteration ((on)) no later than the first working day after the alteration is commenced and a Notice of Construction and Application for Approval shall be filed within 14 days after the day that the alteration is commenced. For purposes of compliance with Section 5.02, the Control Officer shall determine whether an alteration, commenced before issuance of an order of approval, meets the requirements of this subsection.

F. ((E.)) Construction, installation, establishment, modification, or alteration of air contaminant sources, comprised of equipment utilized exclusively in connection with any structure, which is designed for, and used exclusively as, a residence with not more than four dwelling units, shall not require a Notice of Construction and Application for Approval.

G. ((F. Construction, installation, establishment, or operation of a)) Owners or operators of temporary ((portable)) stationary air contaminant sources, operating in accordance with Section 5.08 - Temporary Stationary Air Contaminant Sources, ((which has met the requirements of Section 5.08)) shall not be required to apply for a Notice of Construction and Application for Approval.

H. ((G)). A person seeking approval to construct, install, or modify a((n)) stationary air contaminant source at a Chapter 401 source as defined in WAC 173-401-200(6), ((that requires an operating permit)) may elect to integrate review of the operating permit application or amendment ((required under RCW 70.94.161)) and the Notice of Construction and Application for Approval required by this Article. A Notice of Construction and Application for Approval designated for integrated review shall be processed in accordance with the operating permit program procedures and deadlines ((as found)) in Chapter 173-401 WAC.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.03 NOC FEES

A. The person filing the Notice of Construction and Application for Approval shall pay a filing fee and plan review and approval fee according to Article X, Fees and Charges, of this ((r))Regulation.

B. Fees shall be paid without regard to whether a Notice of Construction and Application for Approval is approved or denied.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.04 INFORMATION REQUIRED

A. Each Notice of Construction and Application for Approval shall be accompanied by appropriate documentation that provides a detailed description of the ((following)) stationary air contaminant source. Such information may include, but is not limited to:

1. The new or modified stationary air contaminant source, equipment and emissions control equipment ((apparatus)) subject to the Notice of Construction;

2. Any equipment connected to, serving, or served by the new or modified stationary air contaminant source, equipment, and emissions control equipment ((apparatus)) subject to the Notice of Construction;

3. A plot plan, including the distance to, length, width, and height of; buildings within ((a)) 200 feet or other distance specified by the Control Officer from the place where the new or modified stationary air contaminant source is or will be installed;

4. The proposed means for the prevention or control of the emissions of air contaminants;

5. Estimated emissions resulting from the proposal and the basis for the estimates, or sufficient information for the ((a))Authority to calculate the expected emissions;

6. Any additional information required by the Control Officer to show that the proposed new or modified stationary air contaminant source will meet the applicable air quality requirements of Chapter 70.94 RCW and the rules and regulations adopted thereunder ((emissions standards)).

7. The owner or operator shall provide proof that the requirements of Article XI of this Regulation (Spokane Environmental Ordinance) have been met.

B. Each Notice of Construction and Application for Approval shall be signed by the owner or operator of the new or modified stationary air contaminant source, or their agent.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.05 PUBLIC NOTICE ((MAY BE)) REQUIRE((D))MENTS

A. The Control Officer shall publish or cause to be published a notice to the public of the opportunity to submit written comments on a preliminary determination for an application during a thirty (30) day period under any of the following conditions:

1. If required by state or federal laws, or regulations; or

2. If the proposed new or modified stationary air contaminant source would cause an annual increase of ten (10) tons or more of any air contaminant or precursor, for which ambient air quality standards have been established, or toxic air pollutant, as defined in Article X, Section 10.01 of this ((r))Regulation; or

3. If the applicant requests approval of a risk analysis pursuant to Chapter 173-460 WAC; or,

4. ((3.)) If the Control Officer determines that such opportunity for comment is in the public interest.

B. The cost of publishing any public notice required by this Section ((5.05)) shall be paid by the owner or applicant.

C. Such public notice shall be published in a newspaper of general circulation in the area of the proposal and shall contain the following information:

1. Name and address of the source, and the owner or operator of the source, if different.

2. Brief description of proposed construction.

3. The location at which a copy of the preliminary determination and a summary of information, considered in making such preliminary determination, are available to the public.

4. Announcement of a thirty day period for submitting written comment to the Authority, stating the ending date of the comment period.

5. Announcement that a public hearing may be held if the ((Authority)) Control Officer determines within a thirty day period that significant public interest exists.

6. Any other information required under state or federal laws or regulations.

D. A copy of the public notice shall be sent to the U.S. Environmental Protection Agency ((r))Regional ((a))Administrator.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.06 APPLICATION COMPLETENESS DETERMINATION

Within 30 days of receipt of a Notice of Construction and Application for Approval, the Authority shall notify the applicant in writing that the application is complete or notify the applicant in writing of any additional information necessary, based on review of information already supplied, to complete the application. Determination of completeness shall be evaluated on the basis that the application contains all information required to determine that the proposal shall be in accord with Chapter 70.94 RCW, the Federal Clean Air Act (42 USC 7401 et seq.), and the rules adopted thereunder((, and the Federal Clean Air Act (42 USC 7401 et seq)). As a condition of completeness determination, the Control Officer may require payment of applicable fees, or a portion thereof, pursuant to Article X of this ((r))Regulation.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.07 ISSUANCE OF APPROVAL OR ORDER

A. For new or modified stationary air contaminant sources, ((as defined in Chapter 173-400 WAC:))

1. Within 60 days of receipt of a complete application ((the completeness determination made pursuant to Section 5.06)), the ((Authority)) Control Officer shall either issue a final determination on the application or, for those proposals subject to public notice requirements, initiate notice and comment procedures under Section 5.05. If notice is required by state or federal regulations, the public notice shall occur in a manner that ((shall)) meets both Section 5.05 and those sections of the state or federal regulations that are applicable. As promptly as possible after the close of the comment period, a final determination shall be issued by the Control Officer.

2. The final determination may include:

a. an order of denial, if it is found that the proposal is not in accord with Chapter 70.94 RCW, the Federal Clean Air Act (42 USC 7401 et seq.), and the rules adopted thereunder((, and the Federal Clean Air Act (42 USC 7401 et seq)); or

b. an order of approval which may provide conditions as are reasonably necessary to assure maintenance of compliance with Chapter 70.94 RCW, the Federal Clean Air Act (42 USC 7401 et seq.), and the rules adopted thereunder((, and the Federal Clean Air Act (42 USC 7401 et seq)).

3. Prior to issuance, the final determination shall be reviewed and signed by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the Authority.

4. If the new stationary air contaminant source is a major stationary ((air contaminant)) source as defined in Chapter 173-400 WAC or the change is a major modification as defined in Chapter 173-400 WAC.((, the Authority shall submit any)) The control technology determination included in a final determination will be submitted to the RACT/BACT/LAER ((c))Clearinghouse maintained by the United States Environmental Protection Agency.

5. Construction shall not commence, consistent with the WAC 173-400-030 definitions of "begin actual construction" and "commenced construction", until the Notice of Construction application is approved by the ((Authority)) Control Officer.

B. For replacement or substantial alteration of emission control equipment:

1. Within 30 days of receipt of a complete application ((the completeness determination made pursuant to Section 5.06)), the ((Authority)) Control Officer shall either issue an order of approval, an order of denial, or a proposed Reasonably Available Control Technology (RACT) determination pursuant to Chapter 173-400 WAC.

2. The order of approval may:

a) Require that the owner of operator employ RACT for the affected emission unit, and

b) P((p))rescribe reasonable operation and maintenance conditions for the control equipment,

c) Prescribe other requirements as authorized by Chapter 70.94 RCW.

3. Prior to issuance, the order of approval shall be reviewed and signed by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the Authority.

4. Replacement or substantial alteration shall not commence until the application is approved by the ((Authority)) Control Officer. However, any Notice of Construction and Application for Approval, filed under Subsection 5.02.D ((B)), shall be deemed to be approved without conditions if the Authority takes no action within thirty days of receipt of a complete Notice of Construction and Application for Approval.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.08 TEMPORARY ((PORTABLE)) STATIONARY AIR CONTAMINANT SOURCES

A. Except as otherwise allowed in 5.08.I of this Article, ((F))for ((portable)) stationary air contaminant sources which locate temporarily at specific sites, the owner or operator shall be allowed to operate at the temporary location without filing a Notice of Construction and Application for Approval, provided the owner or operator files a (("))Notice of Intent to Install and Operate a Temporary Source((")) (NOI) at least fifteen (15) calendar days prior to starting the operation, (using Authority prepared and furnished application and information request forms) ((on forms prepared and furnished by the Authority, at least 15 days prior to starting the operation)) and obtains permission to operate from the ((Authority)) Control Officer. Sufficient information shall be supplied by the owner or operator to enable the ((Authority)) Control Officer to determine that the operation will be in accordance with Chapter 70.94 RCW, the Federal Clean Air Act (42 USC 7401 et seq.), and the rules adopted thereunder((, and the federal Clean Air Act (42 USC 7401 et seq))). The owner or operator shall also provide proof that the requirements of Article XI of this Regulation (Spokane Environmental Ordinance) ((Chapter 197-11 WAC (State Environmental Policy Act))) have been met.

B. Permission to operate may be granted, subject to conditions as are reasonably necessary to assure compliance with Chapter 70.94 RCW, the Federal Clean Air Act (42 USC 7401 et seq.), and the rules adopted thereunder((, and the Federal Clean Air Act (42 USC 7401 et seq))). If any conditions listed in Subsection 5.05.A. are applicable to the proposal, a public comment period shall be held pursuant to Section 5.05.

C. Permission to operate may be granted for a limited time, but in no case longer than 180 consecutive days.

D. The person filing a Notice of Intent to Install and Operate a Temporary Source shall pay ((a)) filing ((fee)), ((and)) plan review, and approval fees according to Article X, Fees and Charges, of this ((r))Regulation. Fees shall be paid without regard to whether permission is granted or denied.

E. The Control Officer ((Authority)) may revoke, or suspend permission to operate if the Control Officer determines that the stationary air contaminant source is not constructed or operated as described in the Notice of Intent to Install and Operate a Temporary Source, including plan, specification, or other information submitted therewith.

F. Permission to operate shall be invalid if:

1. Construction, installation, or operation does not begin within 180 days of receipt of permission; or

2. Construction, installation, or operation is discontinued for a period of 180 days or more; or

3. Construction, installation, or operation is not completed within a reasonable time, as determined by the Control Officer; or

4. The operation is removed from the site for 30 consecutive days or longer.

G. ((H.)) Permission to operate, conditions of permission to operate, or denial of installation and operation of a temporary stationary air contaminant source may be appealed to the Pollution Control Hearings Board of Washington, as provided in Chapter 43.21B RCW.

H. Installation or operation of a temporary stationary air contaminant source shall not commence until the Notice of Intent to Establish a Temporary Source application is approved by the Control Officer.

I. The following operations are exempt from Article V.

1. Abrasive blasting units that operate at a site for less than 30 days in any 12-month period. All other abrasive blasting units are subject to the requirements of this Article.

2. Rock drilling operations.

3. Blasting operations.

4. Woodwaste chipping and grinding operations that operate at a site for less than 30 days in any 12-month period, except for operations that establish a permanent collection, storage and/or processing facility at a site or sites for purpose of future processing. All other woodwaste chipping and grinding operations are subject to the requirements of this Article.

5. Soil and groundwater remediation projects that the Control Officer determines have insignificant air pollution impacts.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.09 OPERATING REQUIREMENTS

A. All equipment, machines, devices, and other contrivances, constituting parts of, or called for by plans, specifications or other information submitted pursuant to Section 5.02, 5.04, and 5.08 shall be maintained in good working order and operated at all times that air contaminant emissions may occur, unless otherwise specified by the Control Officer ((Authority)).

B. All conditions of approval, established pursuant to Sections 5.07 and 5.08, shall be complied with.

C. All new and modified stationary air contaminant sources shall employ Best Available Control Technology (BACT), as defined in Chapter 173-400 WAC, and if applicable, Toxic Best Available Control Technology (TBACT), as defined in Chapter 173-460 WAC, except that, if the new source is a major stationary source or the proposed modification is a major modification, the lowest achievable emission rate (LAER) shall be achieved for the contaminants for which the area has been designated nonattainment and for which the proposed new source or modification is major.

D. In no event shall the application of BACT or TBACT permit a new or modified source to emit any pollutant in excess of the amount allowable under an applicable Federal or Washington State standard or regulation.

AMENDATORY SECTION (Amending WSR 99-19-014, filed 9/7/99)

SECTION 5.10 CHANGES TO AN ORDER OF APPROVAL

A. The ((Authority)) Control Officer may revoke, revise, or suspend the order of approval if the Control Officer determines that the new or modified stationary air contaminant source is not constructed or operated as described in the Notice of Construction and Application for Approval including the plans, specifications, or other information submitted therewith.

B. The ((Authority)) Control Officer may revoke, revise or suspend the permission to operate a temporary source if the Control Officer determines that the source is not installed or operated as described in the "Notice of Intent to Install and Operate a Temporary Source" including the plans, specifications, or other information submitted therewith.

C. ((B.)) The applicant may request, at any time, a change in conditions of an order of approval or permission to operate a temporary source and the Control Officer may approve such a request provided the Control Officer finds that:

1. The change in conditions will not cause the stationary air contaminant source to exceed an emissions standard; and

2. No ambient air quality standard will be exceeded as a result of the change; and

3. The change will not adversely impact the ability of the ((Authority)) Control Officer to determine compliance with an emissions standard.

D. ((C.)) A fee, as established in Section 10.07 of this R((r))egulation, shall be assessed to, and paid by, the applicant for requests pursuant to Subsection 5.10.C ((B)).

E. Order of approval and permit to operate revisions may be initiated by the Control Officer, without fees charged to the owner or operator, as long as the stationary air contaminant source continues to comply with all applicable requirements of Chapter 70.94 RCW and the Federal Clean Air Act (42 USC 7401 et seq.), and the rules adopted thereunder, and the Control Officer determines that the order of approval or permit to operate:

1. has typographical errors, or

2. has conditions listed therein that are ineffective or unreasonable, or

3. has conditions that no longer apply because the affected stationary air contaminant source or associated process or process materials have been significantly altered, or

4. has conditions that no longer apply due to revisions to Federal, State, or Local laws or regulations, or

5. does not accurately show current ownership, name, address, phone number, or there are other minor administrative inaccuracies.

F. The Control Officer may not modify, delete, or add conditions to an existing order of approval or permit to operate under Section 5.10.E, unless the owner or operator is notified in writing at least 30 days in advance of the effective date of the change. Modified, deleted or added conditions may be appealed in accordance with RCW 43.21B.310.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.11 NOTICE OF COMPLETION

The owner or operator of the new or modified stationary air contaminant source shall notify the Authority seven (7) days prior to the new or modified stationary air contaminant source's expected start-up date, or a shorter time if approved by the Control Officer.

((Within 7 days, or a shorter time if approved by the Authority, of the expected start-up date of the source, the owner or operator shall notify the Authority of the date upon which operation is expected to commence.))

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.12 WORK DONE WITHOUT AN APPROVAL

Where construction, installation, modification, or operation of an stationary air contaminant source is commenced or performed prior to receiving an order of approval or permission to operate from the Control Officer, ((for which Notice of Construction and Application for Approval is required, is commenced or performed prior to making application and receiving an order of approval,)) except as provided for in Subsection 5.02.E ((D)) and 5.02.F, the Control Officer may conduct, or cause to be conducted, a compliance investigation as part of the Notice of Construction or Notice of Intent to Establish a Temporary Source review. In such case, a compliance investigation fee, as established in Section 10.07 of this ((r))Regulation, shall be assessed to, and paid by, the ((applicant)) owner or operator, in addition to the fees required in Sections 5.03 and 5.08 of this ((r))Regulation. Payment of the compliance investigation fee((s)) does not relieve any person from the requirement to comply with applicable ((the)) regulations, nor from any penalties for failure to comply.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.13 TIME LIMITS

A. An order of approval, issued pursuant to Section 5.07 shall become invalid if:

1. Construction is not commenced within eighteen months after the receipt of the approval

2. Construction is discontinued for a period of eighteen months or more, or

3. Construction is not completed within a reasonable time as determined by the Control Officer.

B. The ((Authority)) Control Officer may extend the 18-month period, upon a satisfactory showing ((to the Control Officer)) that an extension is justified. The Control Officer may approve such a request provided that:

1. No new requirements, such as New Source Performance Standards (Title 40, Code of Federal Regulations, Part 60), National Emissions Standards for Hazardous Air Pollutants (Title 40, Code of Federal Regulations, Parts 61 and 63), or state and local regulations, have been adopted pursuant to Chapter 70.94 RCW or the Federal Clean Air Act (42 USC 7401 et seq.) which would change the order of approval, had it been issued at the time of the extension; and

2. If there is a control technology requirement, pursuant to sections WAC 173-400-112, WAC 173-400-113, or WAC 173-400-114 of Chapter 173-400 WAC((,)); or Article V, Section 5.09.C of this Regulation; that no technologies have been subsequently identified which would change the order of approval, had it been issued at the time of the extension; and

3. The information presented in the Notice of Construction and Application for Approval and associated documents and the assumptions that were made by the ((Authority)) Control Officer during review of the application continue to accurately represent the design, configuration, equipment, and emissions of the proposed stationary air contaminant source; and

4. The applicant certifies that the stationary air contaminant source will comply with all applicable requirements of Chapter 70.94 RCW, the Federal Clean Air Act (42 USC 7401 et seq.), and the rules adopted thereunder((, and the Federal Clean Air Act (42 USC 7401 et seq))).

C. Subsection 5.13.A. does not apply to the time period between construction of the approved phases of a phased construction project. Each phase must commence construction within 18 months of the projected and approved commencement date.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.14 APPEALS

A. The following may be appealed to the Pollution Control Hearings Board of Washington within 30 calendar days of receipt, as provided in Chapter 43.21B RCW:

Notice of Construction and Application for Approval

1. An order of approval,

2. Conditions of an order of approval, or

3. An order of denial of a Notice of Construction and Application for Approval

Notice of Intent to Install and Operate a Temporary Source

1. a permission to operate,

2. conditions of a permission to operate, or

3. an order of denial of a Notice of Intent to Install and Operate a Temporary Source.

((An order of approval, conditions of an order of approval, or an order of denial of a Notice of Construction and Application for Approval may be appealed to the Pollution Control Hearings Board of Washington as provided in Chapter 43.21B RCW.))

B. The Authority shall promptly mail copies of each order, approving or denying a Notice of Construction or Notice of Intent, to the applicant and to any other party (in the case of a petition, the person or organization submitting the petition) who submitted timely comments on the application. The approval or denial order shall include a notice advising the parties of their rights of appeal to the Pollution Control Hearings Board and, where applicable, to the U.S. EPA Environmental Appeals Board.

AMENDATORY SECTION (Amending WSR 94-18-114, filed 9/6/94)

SECTION 5.15 OBLIGATION TO COMPLY

The absence of an ordinance, resolution, rule or regulation, or the failure to issue an order pursuant to this Article shall not relieve any person from the obligation to comply with this Regulation or with any other provision of law.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

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