WSR 98-07-029
PROPOSED RULES
SPOKANE COUNTY AIR
POLLUTION CONTROL AUTHORITY
[Filed March 11, 1998, 10:09 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1)
Title of Rule: Spokane County Air Pollution Control Authority (SCAPCA) Regulation I, Section 6.13 - General Surface Coating
Purpose: To amend the existing regulation to address issues that made enforcement of the regulation difficult and to make the regulation more understandable
Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380
Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq
Summary: The amendments to this rule will make enforcement more achievable and they are still consistent with the original intent which is to reduce particulate emissions from coating overspray; reduce public exposure to toxic air pollutants as listed in chapter 173-460 WAC. An in-depth history of reasons for the proposed revisions is shown below. *See Reviser's Note below
Reasons Supporting Proposal: Issues arising from the lack of cohesive structure of the initial rule posed difficulties in rule interpretation for enforcement staff and confused the regulated industry. In addition, some portions of the rule were counterproductive to the overall intent of the rule, which is to decrease toxic air pollutant emissions
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Spokane County Air Pollution Control Authority, 1101 West College, #403, Spokane, WA 99201, (509) 456-4727
Name of Proponent: Spokane County Air Pollution Control Authority, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Certain sections of the original regulation were unclear in their intent. In addition, enforcement staff were having some difficulty in enforcing the original regulation. The historical document shown below addresses these difficulties
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: (1) Reduce particulate emissions from coating overspray; (2) reduce public exposure to toxic air pollutants as listed in chapter 173-460 WAC; (3) reduce emissions of precursors to the formation of tropospheric ozone and other photochemical oxidants; and (4) encourage pollution prevention
Proposal Changes the Following Existing Rules: The Surface Coating Regulation is more understandable and better organized; the Surface Coating Regulation is more flexible; definitions for Airless Spray, Air-Assisted Airless Spray, Automated, and Standard Engineering Practices were added; definitions for High Volume Low Pressure, Multi-Coat System, Topcoat, Volatile Organic Compound, and Wash Solvent were clarified and the definition for Touchup is deleted; types of acceptable filtration is defined, stack requirements are better defined; applications techniques are further defined. Techniques with less than 65% transfer efficiency are approved under prescribed conditions; General Clean-up and Recordkeeping requirements are further defined; exception list is expanded, touchup exemption is eliminated, large object exemption is further defined, Wash solvent exemption decreased to ten gallons per year, Nonspray application exemption list expanded; expanded Control Officer's ability to approve exemptions where the requirements would be ineffective, inadequate, or unreasonable; inside exhaust is acceptable if, the Department of Labor and Industries and the fire department have no objection; and compliance schedule extended
No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.
RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule amendment.
Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on May 7, 1998 at 9:00 a.m
Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, FAX (509) 459-6828, by May 4, 1998
Date of Intended Adoption: May 7, 1998
March 9, 1998
Charles E. Studer
Environmental Engineer
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 98-08 issue of the Register.