Date of Adoption: September 13, 2001.

     Purpose: To adjust maximum civil penalty amount for inflation; to update delegation for federal NSPS (new source performance standards) and NESHAP (National Emission Standards for Hazardous Air Pollutants); to adopt a new section that will allow us to annually update all reference dates in one section rather than in each section individually; and to exempt shipyard coating operations that comply with the NESHAP coatings rule from an additional toxic review during notice of construction application.

     Citation of Existing Rules Affected by this Order: Amending Regulation I, Sections 3.11 and 6.11; Regulation III, Section 2.01 and 2.02.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 01-16-146 on August 1, 2001.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

September 18, 2001

Larry C. Vaughn

Air Pollution Engineer

REGULATION I SECTION 3.11 CIVIL PENALTIES

     (a) Any person who violates any of the provisions of Chapter 70.94 RCW or any of the rules or regulations in force pursuant thereto, may incur a civil penalty in an amount not to exceed (($13,125.00)) $13,663.00 per day for each violation.

     (b) Any person who fails to take action as specified by an order issued pursuant to Chapter 70.94 RCW or Regulations I, II, and III of the Puget Sound Clean Air Agency shall be liable for a civil penalty of not more than (($13,125.00)) $13,663.00 for each day of continued noncompliance.

     (c) Within 15 days after receipt of a Notice and Order of Civil Penalty, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Any such request must contain the following:

     (1) The name, mailing address, telephone number, and telefacsimile number (if available) of the appealing party;

     (2) A copy of the Notice and Order of Civil Penalty appealed from;

     (3) A short and plain statement showing the grounds upon which the appealing party considers such order to be unjust or unlawful;

     (4) A clear and concise statement of facts upon which the appealing party relies to sustain his or her grounds for appeal;

     (5) The relief sought, including the specific nature and extent; and

     (6) A statement that the appealing party has read the notice of appeal and believes the contents to be true, followed by the party's signature.

     Upon receipt of the application, the Control Officer shall remit or mitigate the penalty only upon a demonstration by the requestor of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

     (d) Any civil penalty may also be appealed to the Pollution Control Hearings Board pursuant to Chapter 43.21B RCW and Chapter 371-08 WAC if the appeal is filed with the Hearings Board and served on the Agency within 30 days after receipt by the person penalized of the notice imposing the penalty or 30 days after receipt of the notice of disposition on the application for relief from penalty.

     (e) A civil penalty shall become due and payable on the later of:

     (1) 30 days after receipt of the notice imposing the penalty;

     (2) 30 days after receipt of the notice of disposition on application for relief from penalty, if such application is made; or

     (3) 30 days after receipt of the notice of decision of the Hearings Board if the penalty is appealed.

     (f) If the amount of the civil penalty is not paid to the Agency within 30 days after it becomes due and payable, the Agency may bring action to recover the penalty in King County Superior Court or in the superior court of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

     (g) Civil penalties incurred but not paid shall accrue interest beginning on the 91st day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the 31st day following final resolution of the appeal.

     (h) To secure the penalty incurred under this section, the Agency shall have a lien on any vessel used or operated in violation of Regulations I, II, and III which shall be enforced as provided in RCW 60.36.050.

NEW SECTION

REGULATION I SECTION 3.25 FEDERAL REGULATION REFERENCE DATE

     Whenever federal regulations are referenced in Regulation I, II, or III, the effective date shall be July 1, 2001.

AMENDATORY SECTION

REGULATION I SECTION 6.11 NEW SOURCE PERFORMANCE STANDARDS

    
     It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 60, Title 40, of the Code of Federal Regulations (CFR) in effect as of the federal regulation reference date listed in Section 3.25 of this regulation ((July 1, 2000)) herein incorporated by reference.

AMENDATORY SECTION

REGULATION III SECTION 2.01 APPLICABILITY TO TOXIC AIR CONTAMINANT SOURCES

     (a) Article 2 of this Regulation III shall apply to all sources of toxic air contaminants except that Section 2.05 shall not apply to the following:

     (1) Asbestos Removal Operations subject to Article 4 of Regulation III

     (2) Hard and Decorative Chromium Electroplating and Chromium Anodizing subject to Section 3.01 of Regulation III

     (3) Solvent Metal Cleaners subject to Section 3.05 of Regulation III

     (4) Perchloroethylene Dry Cleaners subject to Section 3.03 of Regulation III

     (5) Gasoline Storage and Dispensing Operations subject to Article 2 of Regulation II

     (6) Graphic Arts Systems subject to Section 3.05 of Regulation II

     (7) Can and Paper Coating Operations subject to Section 3.03 of Regulation II

     (8) Motor Vehicle and Mobile Equipment Coating Operations subject to Section 3.04 of Regulation II

     (9) Polyester/Vinylester/Gelcoat/Resin Operations subject to Section 3.08 of Regulation II

     (10) Coatings and Ink Manufacturing subject to Section 3.11 of Regulation II

     (11) Ethylene Oxide Sterilizers and Aerators subject to Section 3.07 of Regulation III

     (12) Shipyard Coating Operations where all the coatings employed comply with the requirements in Table 2 in Subpart II 40 CFR Part 63 NESHAP Shipbuilding and Ship Repair (Surface Coating) Operations

     (b) Any demonstration required by this Article shall be conducted in accordance with Section 2.07 of this Regulation.

AMENDATORY SECTION

REGULATION III SECTION 2.02 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

    
     It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 61 or Part 63, Title 40, of the Code of Federal Regulations (CFR) in effect as of the federal regulation reference date listed in Section 3.25 of Regulation I ((July 1, 2000)) herein incorporated by reference.

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