WSR 15-15-162
PREPROPOSAL STATEMENT OF INQUIRY
[Order 15-07—Filed July 21, 2015, 3:22 p.m.]
Subject of Possible Rule Making: The Washington state department of ecology (ecology) proposes to amend chapter 173-400 WAC, General regulations for air pollution sources. The scope of the proposed amendments includes:
• | Updating the rule to comply with the Environmental Protection Agency's (EPA) final action signed on May 22, 2015, related to the Startup, Shutdown, or Malfunction (SSM) State Implementation Plan (SIP) Call, including the 2015 SSM policy (80 F.R. 33839). |
• | Updating adoption by reference dates. |
• | Making technical clarifications, correcting errors, improving readability, and housekeeping. |
Additionally, ecology received requests from stakeholders to update a number of requirements in chapter 173-400 WAC. Due to the short schedule, ecology is proposing to make a few of those changes at this time. Ecology is not proposing to change requirements in the sections listed below, except to make technical clarifications, correct errors, improve readability, and conduct housekeeping.
| | |
Section |
Section Name |
Included in This Rule Making |
010 |
Policy and purpose |
No |
020 |
Applicability |
No |
030 |
Definitions |
Yes |
035 |
Nonroad engines |
Yes |
036 |
Relocations of portable sources |
No |
040 |
General standards for maximum emissions |
Yes |
045 |
Control technology fees |
No |
050 |
Emission standards for combustion and incineration units |
Yes |
060 |
Emission standards for general process units |
Yes |
070 |
Emission standards for certain source categories |
Yes |
075 |
Emission standards for sources emitting hazardous air pollutants |
Yes |
081 |
Startup and shutdown |
Yes |
091 |
Voluntary limits on emissions |
No |
099 |
Registration program |
No |
100 |
Source classifications |
No |
101 |
Registration issuance |
No |
102 |
Scope of registration and reporting requirements |
No |
103 |
Emission estimates |
Yes |
104 |
Registration fees |
No |
105 |
Records, monitoring, and reporting |
Yes |
107 |
Excess emissions |
Yes |
108 |
Excess emissions reporting |
Yes |
109 |
Unavoidable excess emissions |
Yes |
110 |
New source review (NSR) for sources and portable sources |
No |
111 |
Processing notice of construction applications for sources, stationary sources, and portable sources |
Yes |
112 |
Requirements for new sources in nonattainment areas—Review for compliance with regulations |
Yes |
113 |
New sources in attainment or unclassifiable areas—Review for compliance with regulations |
Yes |
114 |
Requirements for replacement or substantial alteration of emission control technology at an existing stationary source |
No |
115 |
Standards of performance for new sources |
Yes |
116 |
Increment protection |
No |
117 |
Special protection requirements for federal Class I areas |
No |
118 |
Designation of Class I, II, and III areas |
No |
120 |
Bubble rules |
No |
131 |
Issuance of emission reduction credits |
No |
136 |
Use of emission reduction credits (ERC) |
No |
151 |
Retrofit requirements for visibility protection |
No |
161 |
Compliance schedules |
No |
171 |
Public notice and opportunity for public comment |
Yes |
175 |
Public information |
No |
180 |
Variance |
No |
190 |
Requirements for nonattainment areas |
No |
200 |
Creditable stack height and dispersion techniques |
No |
205 |
Adjustment for atmospheric conditions |
No |
210 |
Emission requirements of prior jurisdictions |
No |
220 |
Requirements for board members |
Yes |
230 |
Regulatory actions |
No |
240 |
Criminal penalties |
No |
250 |
Appeals |
No |
260 |
Conflict of interest |
Yes |
560 |
General order of approval |
No |
Permitting of Major Stationary Sources and Major Modifications to Major Stationary Sources |
700 |
Review of major stationary sources of air pollution |
No |
710 |
Definitions |
No |
720 |
Prevention of significant deterioration (PSD) |
Yes |
730 |
Prevention of significant deterioration application processing procedures |
No |
740 |
PSD permitting public involvement requirements |
No |
750 |
Revisions to PSD permits |
No |
800 |
Major stationary source and major modification in a nonattainment area |
No |
810 |
Major stationary source and major modification definitions |
No |
820 |
Determining if a new stationary source or modification to a stationary source is subject to these requirements |
No |
830 |
Permitting requirements |
No |
840 |
Emission offset requirements |
No |
850 |
Actual emissions plantwide applicability limitation (PAL) |
No |
860 |
Public involvement procedures |
No |
930 |
Emergency engines |
No |
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter
70.94 RCW, RCW
70.94.011, 70.94.331, 70.94.431.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On May 22, 2015, the EPA took final action on a petition for rule making filed by the Sierra Club that concerns how provisions in EPA-approved SIPs treat excess emissions during periods of SSM. In EPA's final action, ecology was listed as one of thirty-six states as having existing SIP provisions that are inadequate to meet the federal Clean Air Act requirements.
Ecology proposes to conduct this rule making because existing rules and SIP provisions do not meet the more stringent federal requirements. In order to comply with the EPA's final action, ecology has until November 22, 2016, to adopt revisions to chapter 173-400 WAC and to submit the revised SIP to the EPA.
Additionally, changing the requirements for facilities during SSM events has the potential to reduce emissions which could protect human health and help Washington state stay below the national ambient air quality standard (an emissions standard set by the EPA).
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Throughout this rule revision process, ecology will communicate with, and seek input from, the following agencies:
• | The EPA to ensure compliance with the EPA's final action signed on May 22, 2015 (80 F.R. 33839). |
• | The energy facility site evaluation council. |
• | Local clean air agencies. |
Process for Developing New Rule: Throughout this rule revision process, ecology will:
• | Communicate with stakeholders about key issues and ask for input as ecology revises the rule. |
• | Hold stakeholder meetings and a public hearing. |
• | Provide information through e-mail listservs and posting on ecology's rule-making web pages. |
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties can participate by:
• | Following updates on ecology's rule making web pages, http://www.ecy.wa.gov/programs/air/rules/rules_laws.html. |
• | Contacting ecology staff, see below. |
• | Signing up for e-mail updates, by going to http://listserv.wa.gov/cgi-bin/wa?SUBED1=ECY-AQ-RULE-AND-SIP-UPDATES&A=1. |
• | Participating in a stakeholder meeting and/or a public hearing. |
Staff contact Stacey Callaway, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, Stacey.Callaway@ecy.wa.gov, (360) 407-7528.
July 21, 2015
Stuart A. Clark
Air Quality Program Manager