CLEAN AIR AGENCY
Effective Date of Rule: February 1, 2012.
Purpose: Provide authority for the air pollution control officer (or a duly authorized representative) to issue a federally enforceable order to limit emissions in response to a request from a source to do so, and allow modifications to previously adopted orders for this purpose, if requested by the source.
Citation of Existing Rules Affected by this Order: Amending Regulation I, Section 3.03.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 11-22-112 on November 2, 2011.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 15, 2011.
Executive DirectorAMENDATORY SECTION
REGULATION I, SECTION 3.03 GENERAL REGULATORY ORDERS
(a) Purpose. The Board may, by regulatory order, apply to a specific source or sources any applicable provision of chapter 70.94 RCW or the rules adopted thereunder. In addition, federally enforceable regulatory orders that limit the potential to emit any air contaminant(s) pursuant to WAC 173-400-091 and modifications to such orders are issued under Section 3.03(f) of this regulation.
(b) Public Involvement Process. The Board may issue a regulatory order after the following public involvement process has been completed:
(1) Public notice of the proposed regulatory order shall be published in a newspaper of general circulation in the area where the source that is the subject of the order is located. Notice shall also be sent to the U.S. Environmental Protection Agency Regional Administrator. The public notice shall include, at a minimum, the following information:
(A) The name and address of the owner or operator and the source;
(B) A brief description of the purpose of the proposed regulatory order and the requirements included in the proposed regulatory order;
(C) The deadline for submitting written comments to the Agency; and
(D) The opportunity for a public hearing if the Agency determines that there is significant public interest in the proposed regulatory order.
(2) The initial public comment period shall be at least 30 days.
(3) During the initial 30-day public comment period, any person may request a public hearing be held. Any such request shall be submitted in writing to the Agency, shall indicate the interest of the entity filing it, and describe why a hearing is warranted. The Agency may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held before a hearing officer and upon such notice and at a time and place as the Agency deems reasonable. The hearing officer shall hear testimony at the public hearing and prepare a written summary of the testimony received at the hearing. The Agency shall provide at least 30 days prior notice of any hearing. If a public hearing is held, the public comment period shall extend through the hearing date.
(c) Board Action. The Board shall only issue a((
regulatory order under this section after:
(1) The public comment period has ended;
(2) Any public hearing scheduled has been held; and
(3) The Board has considered all information and data related to the proposed regulatory order received by the Agency, including all written comments received and any summary of testimony prepared by the hearing officer.
The Board shall take action on a proposed regulatory
order at a Board meeting. Unless otherwise ordered by the
n)) regulatory order issued under this section shall
be effective on the date the Board approves the regulatory
(d) Appeals. Regulatory ((
O))orders issued by the Board
under this section may be appealed to the Pollution Control
Hearings Board pursuant to Section 3.17 of Regulation I and
(e) Fees. When a ((
general)) regulatory order is
requested by an applicant, the Agency shall assess a fee of
$4,000 to cover the costs of processing and issuing a
(( general)) regulatory order under this section. The Agency
shall also assess a fee equal to the cost of providing public
notice in accordance with Section 3.03(b) of this regulation.
These fees shall be due and payable within 30 days of the date
of the invoice and shall be deemed delinquent if not fully
paid within 90 days of the invoice.
(f) When an applicant requests a federally enforceable regulatory order to limit the potential to emit any air contaminant or contaminants pursuant to WAC 173-400-091, or requests a modification to such an order, the Control Officer or a duly authorized representative may issue such order consistent with the requirements of WAC 173-400-091 and 173-400-171 and Section 3.03(e) above. Regulatory orders issued pursuant to this section are effective the day the Control Officer or representative approves the order and may be appealed to the Pollution Control Hearings Board pursuant to Section 3.17 of Regulation I and RCW 43.21B.310.