WSR 97-15-125

PROPOSED RULES

PUGET SOUND AIR

POLLUTION CONTROL AGENCY

[Filed July 23, 1997, 10:10 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Adopt Section 3.04 of Regulation I; amend Sections 3.03, 3.11, 5.05, 5.07, 6.04, 6.10, 6.11, 7.07, 7.09 of Regulation I and Section 2.02 of Regulation III.

Purpose: Establish general regulatory order fees; adjust maximum civil penalty amount for inflation; adjust registration, notice of construction, and operating permit fees to cover program costs; update delegation for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs).

Other Identifying Information: 3.03 and 3.04 General Regulatory Orders; 3.11 Civil Penalties; 5.05 and 5.07 Registration; 6.04 and 6.10 Notice of Construction; 6.11 New Source Performance Standards; 7.07 and 7.09 Operating Permits; and 2.02 National Emission Standards for Hazardous Air Pollutants.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: This proposal will establish general regulatory order fees; increase the maximum civil penalty amount for inflation; adjust registration, notice of construction, and operating permit fees to cover program costs; and update delegation for NSPS and NESHAPs.

Reasons Supporting Proposal: General regulatory order fees need to be established; maximum civil penalty amount needs to be adjusted for inflation; fees for the registration program, notice of construction program, and operating permit program need to be adjusted to cover the costs of administering these programs; and delegation for NSPS and NESHAPs needs to be updated.

Name of Agency Personnel Responsible for Drafting: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4078.

Name of Proponent: Puget Sound Air Pollution Control Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal would establish General Regulatory Order fees; increase maximum civil penalty amount for inflation; adjust Registration, Notice of Construction, and Operating Permit fees to cover the costs of administering these programs; and update delegation for federal NSPS and NESHAPs.

Proposal Changes the Following Existing Rules: General Regulatory Order fees will be established; maximum civil penalty amount would increase for inflation; Registration, Notice of Construction, and Operating Permit fees would increase to cover program costs; and delegation for federal NSPS and NESHAPs will be updated.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

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 adoption.

Hearing Location: Puget Sound Air Pollution Control Agency Offices, 110 Union Street, #500, Seattle, WA 98101, on September 11, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010 by September 4, 1997, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Air Pollution Control Agency, 110 Union Street, #500, Seattle, WA 98101, FAX (206) 343-7522, by September 2, 1997.

Date of Intended Adoption: September 11, 1997.

July 22, 1997

James Nolan

Director - Compliance