WSR 98-17-014
PERMANENT RULES
OLYMPIC AIR POLLUTION
CONTROL AUTHORITY
[Filed August 10, 1998, 8:47 a.m.]
Date of Adoption: August 9, 1998.
Purpose: To amend OAPCA's Regulation 1 to reflect the changes to WAC 173-491-040(5) as adopted by the Washington State Department of Ecology on January 14, 1998.
Citation of Existing Rules Affected by this Order: Amending OAPCA Regulation 1, Section 15.09.
Statutory Authority for Adoption: RCW 70.94.141.
Adopted under notice filed as WSR 98-11-076 on May 19, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
August 9, 1998
Charles Peace
Executive Director
AMENDATORY SECTION
SECTION 15.09 VAPOR RECOVERY STAGE II
(a) ((For purposes of attainment or maintenance of the
National Ambient Air Quality Standard for ozone s))Stage II vapor
recovery ((may only be)) is required at a ((service station, or
any other)) gasoline dispensing facility supplying fuel to the
general public((, in any of)) under the following circumstances:
(((a))) (1) ((The)) Any facility that ((sells)) dispenses in
excess of ((six)) one million two hundred thousand gallons
(((600,000)))(1,200,000) of gasoline per year and is located in
((a c)) Thurston County. ((, any part of which is designated as
nonattainment for ozone under the federal clean air act, 42 USC
Section 7407; or)) This requirement will end on December 31,
2002, unless the department of ecology determines that Stage II
is important to achieving or maintaining the National Ambient Air
Quality Standard for Ozone in a nonattainment or maintenance plan
county.
(((b) The facility sells in excess of six hundred thousand
gallons of gasoline per year and is located in a county where a
maintenance plan has been adopted by a local air pollution
control authority or the department of ecology that includes
gasoline vapor recovery devices as a control strategy; or))
(((c) From the effective date of this section until December
31, 1998, in any facility that sells in excess of one million two
hundred thousand gallons (1,200,000) of gasoline per year and is
located in an ozone-contributing county. For purposes of this
section, an ozone-contributing county means a county in which the
emissions have contributed to the formation of ozone in any
county where violations of federal ozone standards have been
measured, and includes Thurston County; or
(d) After December 31, 1998, in any facility that sells in
excess of eight hundred forty thousand (840,000) gallons of
gasoline per year and is located in any county, no part of which
is designated as nonattainment for ozone under the federal clean
air act, 42 USC Section 7407, provided that the department of
ecology determines by December 31, 1997, that the use of gasoline
vapor control devices in the county is important to achieving or
maintaining attainment status in any other county.))