2041-S2 AMH DEBO MATM 387

2SHB 2041 - H AMD 715

By Representative DeBolt

    On page 1, after line 10, insert the following:

"Sec. 2.  RCW 70.94.331 and 1991 c 199 s 710 are each amended to read as follows:

    (1) The department shall have all the powers as provided in RCW 70.94.141.

    (2) The department, in addition to any other powers vested in it by law after consideration at a public hearing held in accordance with chapters 42.30 and 34.05 RCW shall:

    (a) Adopt rules establishing air quality objectives and air quality standards;

    (b) Adopt emission standards which shall constitute minimum emission standards throughout the state.  An authority may enact more stringent emission standards, except for emission performance standards for new woodstoves and opacity levels for residential solid fuel burning devices which shall be statewide, but in no event may less stringent standards be enacted by an authority without the prior approval of the department after public hearing and due notice to interested parties;

    (c) Adopt by rule air quality standards and emission standards for the control or prohibition of emissions to the outdoor atmosphere of radionuclides, dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof.  Such requirements may be based upon a system of classification by types of emissions or types of sources of emissions, or combinations thereof, which it determines most feasible for the purposes of this chapter.  However, an industry, or the air pollution control authority having jurisdiction, can choose, subject to the submittal of appropriate data that the industry has quantified, to have any limit on the opacity of emissions from a source whose emission standard is stated in terms of a weight of particulate per unit volume of air (e.g., grains per dry standard cubic foot) be based on the applicable particulate emission standard for that source, such that any violation of the opacity limit accurately indicates a violation of the applicable particulate emission standard.  Any alternative opacity limit provided by this section that would result in increasing air contaminants emissions in any nonattainment area shall only be granted if equal or greater emission reductions are provided for by the same source obtaining the revised opacity limit.  A reasonable fee may be assessed to the industry to which the alternate opacity standard would apply.  The fee shall cover only those costs to the air pollution control authority which are directly related to the determination on the acceptability of the alternate opacity standard, including testing, oversight and review of data.

    (3) The air quality standards and emission standards may be for the state as a whole or may vary from area to area or source to source, except that emission performance standards for new woodstoves and opacity levels for residential solid fuel burning devices shall be statewide, as may be appropriate to facilitate the accomplishment of the objectives of this chapter and to take necessary or desirable account of varying local conditions of population concentration, the existence of actual or reasonably foreseeable air pollution, topographic and meteorologic conditions and other pertinent variables.

    (4) The department is directed to cooperate with the appropriate agencies of the United States or other states or any interstate agencies or international agencies with respect to the control of air pollution and air contamination, or for the formulation for the submission to the legislature of interstate air pollution control compacts or agreements.

    (5) The department is directed to conduct or cause to be conducted a continuous surveillance program to monitor the quality of the ambient atmosphere as to concentrations and movements of air contaminants and conduct or cause to be conducted a program to determine the quantity of emissions to the atmosphere.

    (6) The department shall enforce the air quality standards and emission standards throughout the state except where a local authority is enforcing the state regulations or its own regulations which are more stringent than those of the state.

    (7) The department shall encourage local units of government to handle air pollution problems within their respective jurisdictions; and, on a cooperative basis provide technical and consultative assistance therefor.

    (8) The department shall have the power to require the addition to or deletion of a county or counties from an existing authority in order to carry out the purposes of this chapter.  No such addition or deletion shall be made without the concurrence of any existing authority involved.  Such action shall only be taken after a public hearing held pursuant to the provisions of chapter 34.05 RCW.

    (9) The department shall establish rules requiring sources or source categories to apply reasonable and available control methods.  Such rules shall apply to those sources or source categories that individually or collectively contribute the majority of statewide air emissions of each regulated pollutant.  The department shall review, and if necessary, update its rules every five years to ensure consistency with current reasonable and available control methods.  The department shall have adopted rules required under this subsection for all sources by July 1, 1996.

    For the purposes of this section, "reasonable and available control methods" shall include but not be limited to, changes in technology, processes, or other control strategies.

(10) Notwithstanding the other requirements of this section, the legislature finds that the repeal by section one of this act of the deduction allowed under the motor vehicle fuel and special fuel taxes for fuel handling losses incurred by businesses regulated by the department under this section and chapter means that no fuel handling losses of significance occur after the effective date of this act.  Accordingly, the department may not regulate or enforce the provisions of this chapter with respect to fuel handling losses at such businesses after the effective date of section one of this act."

    Renumber remaining section accordingly and correct the title.

EFFECT:   Prohibits the Department of Ecology from regulating or enforcing the state Clean Air Act provisions with respect to handling losses after the effective date of the act.

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