WSR 05-03-102

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed January 18, 2005, 4:40 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Repeal Regulation II, Section 3.11 and Regulation III, Section 3.05.

Hearing Location(s): Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on February 24, 2005, at 9:15 a.m.

Date of Intended Adoption: February 24, 2005.

Submit Written Comments to: Lynn Hughes, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, e-mail lynnh@pscleanair.org, fax (206) 343-7522, by February 23, 2005.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by February 17, 2005, TTY (800) 833-6388 or (800) 833-6385 (braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Repealing Regulation II, Section 3.11 (Coatings and Ink Manufacturing), the purpose is to remove an unnecessary rule. NESHAP 40 C.F.R. 63, Subpart HHHHH has been issued by EPA and is more stringent than the agency rule. Analysis and compliance now rely on this rule and T-BACT (see below).

Repealing Regulation III, Section 3.05 (Solvent Metal Cleaners), the purpose is to remove an unnecessary rule and eliminate sources' concerns regarding applicability of the regulation.

Reasons Supporting Proposal: NESHAP 40 C.F.R. 63, Subpart HHHHH can be used to regulate coating and ink manufacturers in our jurisdiction; and NESHAP 40 C.F.R. 63, Subpart T, and T-BACT (chapter 173-460 WAC) provide sufficient control and guidance to issue permits for solvent metal cleaners.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect the repeal of Regulation II, Section 3.11.

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

Name of Agency Personnel Responsible for Drafting: Kwame Agyei, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4054; Implementation and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.

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.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

January 14, 2005

Kwame Agyei

Engineer

REPEALER


REGULATION II SECTION 3.11 COATINGS AND INK MANUFACTURING

REPEALER


REGULATION III SECTION 3.05 SOLVENT METAL CLEANERS

Washington State Code Reviser's Office