WSR 06-17-052

PROPOSED RULES

SOUTHWEST CLEAN

AIR AGENCY

[ Filed August 9, 2006, 11:50 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: SWCAA 400-030 Definitions. This is an existing section that contains the definitions of words and phrases used throughout SWCAA 400. Most definitions are identical to associated federal definitions.

SWCAA 400-045 Permit Application for Nonroad Engines. This is an existing section identifying requirements for permit applications for nonroad engine projects.

SWCAA 400-046 Application Review Process for Nonroad Engines. This is an existing section identifying requirements for the processing and approval of permit applications for nonroad engine projects.

SWCAA 400-075 Emission Standards for Sources Emitting Hazardous Air Pollutants. This is an existing section that adopts the federal standards for sources emitting hazardous air pollutants contained in 40 C.F.R., Parts 61, 63 and 65 by reference (NESHAPS/MACT) as requirements for sources in SWCAA jurisdiction for local implementation and enforcement.

SWCAA 400-101 Emission Units Exempt from Registration Requirements. This is an existing section identifying those sources that are exempt from the registration and new source review requirements of SWCAA 400-100 and 400-110.

SWCAA 400-111 Requirements for New Sources in a Maintenance Plan Area. This is an existing section identifying the requirements for new or modified sources in a maintenance plan area. Because of the maintenance plan status of an area, emission standards to maintain air quality in a maintenance plan area are more demanding than those in less populated or industrialized areas.

SWCAA 400-113 Requirements for New Sources in Attainment or Nonclassifiable Areas. This is an existing section identifying the new source review requirements for new or modified sources in attainment areas.

SWCAA 400-115 Standards of Performance for New Sources. This is an existing section that adopts by reference the new source performance standards (NSPS) contained in 40 C.F.R., Part 60 for identified sources categories.

SWCAA 400-141 Prevention of Significant Deterioration (PSD). This is an existing section describing the requirements for those sources that would be subject to the federal PSD permitting requirements and provides reference to the appropriate federal regulations.

SWCAA 400-171 Public Involvement. This is an existing section identifying the requirements for public notice of agency actions, and the process by which public involvement is to be administered. This section also identifies those documents that are subject to a formal public notice and those that are not subject to a formal public notice.

SWCAA 400-200 Vertical Dispersion Requirement, Creditable Stack Height and Dispersion Techniques. This is an existing section identifying presumptive requirements for new exhaust stack installations, and describes the procedure by which the maximum allowable stack height is to be determined. This section also prohibits selected exhaust gas dispersion practices.

Hearing Location(s): Office of SWCAA, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, on November 2, 2006, at 3:00 p.m.

Date of Intended Adoption: November 2, 2006.

Submit Written Comments to: Wess Safford, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682-2454, e-mail wess@swcleanair.org, fax (360) 576-0925, by October 24, 2005.

Assistance for Persons with Disabilities: Contact Mary Allen by October 25, 2006, TTY (360) 574-3058.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SWCAA 400-030 Definitions. The proposed revision expands the definition of "new source" to specifically include the installation or construction of an "emission unit." This change is intended to clarify and codify existing agency policy.

SWCAA 400-045 Permit Application for Nonroad Engines. The proposed revision corrects an inaccurate cross sectional rule reference.

SWCAA 400-046 Application Review Process for Nonroad Engines. The proposed revision corrects an inaccurate cross sectional rule reference.

SWCAA 400-075 Emission Standards for Sources Emitting Hazardous Air Pollutants. The proposed changes update adoption reference dates and incorporate new federal regulations contained in 40 C.F.R., Parts 61, 63 and 65.

SWCAA 400-101 Emission Units Exempt from Registration Requirements. The proposed changes clarify the applicability language of the exemption section.

SWCAA 400-111 Requirements for New Sources in a Maintenance Plan Area. The proposed revision significantly reformats this section to incorporate updated requirements consistent with the forthcoming ozone maintenance plan for the Portland/Vancouver area. This action is needed to support adoption of the ozone maintenance plan.

SWCAA 400-113 Requirements for New Sources in Attainment or Nonclassifiable Areas. The proposed revision incorporates updated language regarding requirements for sources that impact a maintenance area. The changes are intended to support the forthcoming ozone maintenance plan for the Portland/Vancouver area. This action is needed to support adoption of the ozone maintenance plan.

SWCAA 400-115 Standards of Performance for New Sources. The proposed changes update adoption reference dates and incorporate new federal regulations contained in 40 C.F.R., Part 60.

SWCAA 400-141 Prevention of Significant Deterioration (PSD). The proposed revisions update the adoption by reference rule citations to match the current format of the equivalent sections located in chapter 173-400 WAC.

SWCAA 400-171 Public Involvement. The proposed revision removes minor permit modifications from the list of agency actions that require a mandatory public comment period. This action is intended to streamline public involvement requirements for minor modifications.

SWCAA 400-200 Vertical Dispersion Requirement, Creditable Stack Height and Dispersion Techniques. The proposed revision establishes a presumptive requirement for vertical exhaust stack orientation. This action codifies elements of the agency's existing permitting policy.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: RCW 70.94.141.

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

Name of Proponent: Southwest Clean Air Agency (SWCAA), governmental.

Name of Agency Personnel Responsible for Drafting: Wess Safford, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058; Implementation: Paul Mairose, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058; and Enforcement: Robert Elliott, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes proposed by SWCAA are consistent with federal or state rules already in effort. This agency is not subject to the small business economic impact provision of chapter 19.85 RCW. A fiscal analysis has been performed to establish the basis for any proposed fee increases. Copies of this analysis are available from SWCAA.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. SWCAA is not voluntarily invoking section 201, chapter 403, Laws of 1995, for this action.

August 9, 2006

Robert D. Elliott

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 06-18 issue of the Register.

Washington State Code Reviser's Office