Subject of Possible Rule Making: The original CR-101 (WSR 98-10-090, filed May 6, 1998) explicitly stated that we would be considering revisions to chapters 173-415 and 173-481 WAC. The purpose of this revision is to state that we will also consider revisions to chapter 173-400 WAC when considering if and where to incorporate new federal standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Federal maximum achievable control technology standards, codified in 40 C.F.R. Part 63, Subpart LL need to be incorporated into state rules.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology must adopt the new federal standards (or their equivalent) for hazardous air pollutants. At present, chapter 173-400 WAC, states that 40 C.F.R. 63 Subpart LL is not adopted by reference. A possible outcome of this rule making is that we will adopt these federal provisions by reference into chapter 173-400 WAC.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Environmental Protection Agency (EPA) has determined the maximum achievable control technology for emissions of hazardous air pollutants from aluminum smelters. Once ecology has adopted these regulations into state rules, EPA will delegate the authority to implement the federal standard to ecology.

Process for Developing New Rule: The process remains the same as outlined on the original CR-101.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Carol Piening to determine their level of involvement. Address: Washington State Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6858, fax (360) 407-6802, e-mail cpie461@ecy.wa.gov.

April 27, 1999

Stuart A. Clark

for Mary Burg

Program Manager

© Washington State Code Reviser's Office