WSR 01-07-087

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed March 21, 2001, 9:28 a.m. ]

Original Notice.

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

Title of Rule: Adopt Regulation I, Section 6.01.

Revise Regulation I, Sections 1.07, 6.03, 6.04, 6.06, 6.07, 6.09, 6.10, and 9.16.

Purpose: To bring the agency's rules into conformance with the Washington Clean Air Act (chapter 70.94 RCW) and WAC 173-400-171 (public notice), and to reduce the number of permit applications for sources with a de minimis impact on air quality.

Other Identifying Information: Section 1.07 pertains to Definitions; Article 6 pertains to New Source Review; Section 9.16 pertains to Spray-Coating Operations.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: Moves pertinent definitions from Section 1.07 into Section 6.01 for better accessibility. Adds a definition for "New Source" to Section 6.01. Brings agency rules into conformance with chapter 70.94 RCW and WAC 173-400-171. Removes references to the Notice of Construction program from Section 9.16.

Reasons Supporting Proposal: RCW 70.94.153 specifies a thirty-day review period for new source review involving the replacement or substantial alteration of control equipment. Section 6.07 presently specifies a sixty-day period for all new source review.

RCW 70.94.153 also deems complete applications for such equipment to be unconditionally approved if not acted on within this thirty-day period. Section 6.07 does not presently specify this.

RCW 70.94.153 allows approval orders for such equipment to prescribe only reasonable operation and maintenance conditions. Section 6.07 presently specifies that all approval orders may contain conditions as are reasonably necessary to ensure the maintenance of compliance with applicable emission standards.

RCW 70.94.152(5) limits the review of modifications to existing sources to those individual sources proposed to be modified and the air contaminants whose emissions would increase as a result of the modification. Section 6.07 does not presently specify this.

RCW 70.94.152(9) requires the agency to notify the applicant within thirty days of receipt of an application either that it is complete or to notify the applicant of all additional information necessary to complete the application. Section 6.03 presently requires notification only for incomplete applications.

RCW 70.94.152 (1) and (11) exempt sources from new source review if they are deemed by the agency to have a de minimis impact on air quality. The agency has reviewed thousands of applications since the current list of exempt equipment was last updated in 1992. The agency has also reviewed the exemptions used by ecology, the Bay Area Air Quality Management District, and the South Coast Air Quality Management District. The agency has determined that many sources presently subject to review have a de minimis impact on air quality. In addition, the agency has determined that some new sources warrant a notification, but not a review under RCW 70.94.152.

RCW 70.94.085 allows the agency to enter into cost-reimbursement agreements with applicants for review of complex projects (requiring an Environmental Impact Statement). Section 6.04 presently does not specify this.

WAC 173-400-171 requires public notice if a 'significant net increase in emissions' of any pollutant regulated by state or federal law would result. WAC 173-400-030(74) defines a 'significant net increase in emission' to include sources with particulate matter (with an aerodynamic diameter <100 micrometers) emissions >25 tons per year. Section 6.06 presently does not specify a limit for this contaminant. Additionally, the public notice provisions in Section 6.06 pertaining to limits on potential to emit and risk analyses need to be clarified.

Many of the defined terms used in Article 6 are not intuitive. Moving these definitions from Section 1.07 to a new section in Article 6, would make them more accessible. The definition of 'new source' from RCW 70.94.030(16) would be added but no changes are proposed to the existing definitions.

RCW 70.94.152 does not authorize the agency to require a Notice of Construction for existing sources of air contaminants. Section 9.16(d) presently requires all outdoor spray-coating operations to be approved under a Notice of Construction.

Name of Agency Personnel Responsible for Drafting: Gerry Pade, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4065; 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 Clean Air 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: These changes would bring the agency rules into conformance with the Washington Clean Air Act (chapter 70.94 RCW) and the public notice provisions of WAC 173-400-171, and they would reduce the number of permit applications for sources with a de minimis impact on air quality. This would allow facilities to make changes more quickly and at less cost. It would also enable the agency to spend more effort on those permits needing more time, including operating permits.

The provisions of RCW 70.94.152 would be implemented for review of new sources including limiting review of modifications of existing sources to those pollutants that increase as a result of the modification, and the provision to notify applicants when their applications are complete. Specific references to the Notice of Construction program found in Regulation I, Section 9.16 (spray-coating operations) would be removed.

The provisions of RCW 70.94.153 would be implemented for review of the replacement or substantial alteration of control equipment - including the shorter review period, the default unconditional approval, and the provisions for conditioning approvals of such permits.

The authority under RCW 70.94.085 would also be implemented allowing the agency to enter into cost-reimbursement agreements with applicants for review of complex projects (requiring an EIS).

Proposal Changes the Following Existing Rules: Pertinent definitions from Section 1.07 would be deleted and moved to Article 6. The definition of New Source would be added to Article 6. References to the Notice of Construction program in Section 9.16 would be removed. Changes would be made to Article 6 as listed above.

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 Clean Air Agency Offices, 110 Union Street, #500, Seattle, WA 98101, on May 10, 2001, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by May 3, 2001, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by April 30, 2001.

Date of Intended Adoption: May 10, 2001.

March 20, 2001

Gerald S. Pade

Engineer II

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 01-08 issue of the Register.

Washington State Code Reviser's Office