PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: This action focuses on two air quality programs located in chapter 173-400 WAC: The prevention of significant deterioration or PSD program which addresses major new air pollution sources; and the best available retrofit technology provisions, as well as the PSD provisions, of the visibility protection program.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.331 and 70.94.510.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The present state prevention of significant deterioration program is outdated and incomplete, resulting in dual regulation by both ecology and EPA. The intent of this rule amendment is to update our state program and to clarify the process. Ecology will correct administrative inconsistencies in the state visibility protection program and determine if the state program should be adjusted to mirror the less inclusive federal one. Once the revisions are complete, ecology will request program approval or full delegation from EPA.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The EPA, local air agencies, and EFSEC regulate sources of air emissions. Ecology has a partial delegation of the PSD program from EPA. Ecology issues the PSD permits throughout the state. Local air agencies have responsibility for minor new source review. Ecology will establish three different external work groups to provide advice on changes to both programs. EPA and local air agencies will be represented on those work groups. These changes will apply state-wide.
Process for Developing New Rule: Agency study.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Elena Guilfoil, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, e-mail egui461@ecy.wa.gov, phone (360) 407-6855, fax (360) 407-6802.
April 9, 1999
Mary E. Burg
Program Manager