Date of Adoption: April 10, 2002.

     Purpose: To amend sections of the OAPCA regulation to address programmatic issues between the state and local implementations of New Source Review.

     Citation of Existing Rules Affected by this Order: Amending OAPCA Regulation 1, Articles 1 and 7.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 02-05-047 on February 14, 2002.

     Changes Other than Editing from Proposed to Adopted Version: There are a number of changes, other than editing, from the February 14, 2002, proposed rule amendments to the April 2002 adopted version of OAPCA Regulation 1, Articles 1 and 7. The changes are:

•     Removed definitions for "adverse impact on visibility," "director," "integral vista," "mandatory class I federal area," "nonattainment area," "significant visibility impairment," and "visibility impairment of Class I areas" as these terms are not used in OAPCA's rule.

•     Clarified and revised the meaning of the definitions for "commenced construction," "particulate matter emissions," "visibility impairment," and "volatile organic compound."

•     Added definitions for "federal class I areas" and "nonroad engine" as they are used in new sections. Definition consistent with state rule.

•     Revised the meaning of the definitions of "major modification," "major source," "net emissions increase," and "significant" and moved to Section 7.17, as these definitions only apply to this section.

•     Revised Section 7.17(a) (now subpart (b)) to reinforce that this section applies to modifications.

•     Revised Section 7.17 (a)(7) (now subpart (b)(7)) and Section 7.18 (a)(4) to require the project to receive a PSD permit (if applicable) before OAPCA issues approval.

•     Revised Section 7.20(a) to clarify that it only applies to orders issued by the Authority.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 5, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 2, Repealed 0.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.

April 10, 2002

Richard Stedman

Executive Director

     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 02-11 issue of the Register.

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