PROPOSED RULES
CLEAN AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: Amend Sections 3.11 and 6.11 of Regulation I, and Sections 2.01 and 2.02 of Regulation III. Adopt Sections 3.25 of Regulation I.
Purpose: To adjust maximum civil penalty amount for inflation; to update delegation for federal NSPS (New Source Performance Standards) and NESHAP (National Emission Standards for Hazardous Air Pollutants); to adopt a new section that will allow us to annually update all reference dates in one section rather than in each section individually; and to exempt shipyard coating operations that comply with the NESHAP coatings rule from an additional toxic review during Notice of Construction application.
Other Identifying Information: 3.11 - Civil Penalties; 3.25 - Federal Regulation Reference Date; 6.11 - New Source Performance Standards; 2.01 - Applicability to Toxic Air Contaminant Sources; 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 increases the maximum civil penalty amount for inflation; updates the delegation for federal NSPS and NESHAP; provides a single place to update reference dates efficiently; and exempts from an additional toxic review during Notice of Construction application any shipyard coating operation that complies with the NESHAP coatings rule.
Reasons Supporting Proposal: The maximum civil penalty amount needs to be adjusted for inflation; the delegation for federal NSPS and NESHAP needs to be updated; it is more efficient to update reference dates in one section in our regulations rather than in each section individually; and shipyards that comply with the NESHAP coatings rule should be exempt from an additional toxic review.
Name of Agency Personnel Responsible for Drafting: Larry Vaughn, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4035; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.
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: This proposal would increase the maximum civil penalty amount for inflation; would update the delegation for federal NSPS and NESHAP; will provide a single place to update reference dates efficiently; and will exempt from an additional toxic review during Notice of Construction application, any shipyard coating operation that complies with the NESHAP coatings rule.
Proposal Changes the Following Existing Rules: The maximum civil penalty amount would increase for inflation and the delegation for federal NSPS and NESHAP will be updated. Also, this proposal will provide a single place to update reference dates efficiently and will exempt from an additional toxic review during Notice of Construction application, any shipyard coating operation that complies with the NESHAP coatings rule.
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, 110 Union Street, Suite 500, Seattle, WA 98101, on September 13, 2001, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010 by September 6, 2001, TDD (800) 833-6388, or (800) 833-6385 (Braille).
Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, fax (206) 343-7522, by September 4, 2001.
Date of Intended Adoption: September 13, 2001.
July 31, 2001
Larry Vaughn
Air Pollution Engineer
AMENDATORY SECTION
REGULATION I SECTION 3.11 CIVIL PENALTIES
(a) Any person who violates any of the provisions of Chapter 70.94 RCW or any of the rules or regulations in force pursuant
thereto, may incur a civil penalty in an amount not to exceed
(($13,125.00)) $13,663.00 per day for each violation.
(b) Any person who fails to take action as specified by an
order issued pursuant to Chapter 70.94 RCW or Regulations I, II,
and III of the Puget Sound Clean Air Agency shall be liable for a
civil penalty of not more than (($13,125.00)) $13,663.00 for each
day of continued noncompliance.
(c) Within 15 days after receipt of a Notice and Order of Civil Penalty, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Any such request must contain the following:
(1) The name, mailing address, telephone number, and telefacsimile number (if available) of the appealing party;
(2) A copy of the Notice and Order of Civil Penalty appealed from;
(3) A short and plain statement showing the grounds upon which the appealing party considers such order to be unjust or unlawful;
(4) A clear and concise statement of facts upon which the appealing party relies to sustain his or her grounds for appeal;
(5) The relief sought, including the specific nature and extent; and
(6) A statement that the appealing party has read the notice of appeal and believes the contents to be true, followed by the party's signature.
Upon receipt of the application, the Control Officer shall remit or mitigate the penalty only upon a demonstration by the requestor of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
(d) Any civil penalty may also be appealed to the Pollution Control Hearings Board pursuant to Chapter 43.21B RCW and Chapter 371-08 WAC if the appeal is filed with the Hearings Board and served on the Agency within 30 days after receipt by the person penalized of the notice imposing the penalty or 30 days after receipt of the notice of disposition on the application for relief from penalty.
(e) A civil penalty shall become due and payable on the later of:
(1) 30 days after receipt of the notice imposing the penalty;
(2) 30 days after receipt of the notice of disposition on application for relief from penalty, if such application is made; or
(3) 30 days after receipt of the notice of decision of the Hearings Board if the penalty is appealed.
(f) If the amount of the civil penalty is not paid to the Agency within 30 days after it becomes due and payable, the Agency may bring action to recover the penalty in King County Superior Court or in the superior court of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
(g) Civil penalties incurred but not paid shall accrue interest beginning on the 91st day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the 31st day following final resolution of the appeal.
(h) To secure the penalty incurred under this section, the Agency shall have a lien on any vessel used or operated in violation of Regulations I, II, and III which shall be enforced as provided in RCW 60.36.050.
NEW SECTION
REGULATION I SECTION 3.25 FEDERAL REGULATION REFERENCE DATE
Whenever federal regulations are referenced in Regulation I,
II, or III, the effective date shall be July 1, 2001.
AMENDATORY SECTION
REGULATION I SECTION 6.11 NEW SOURCE PERFORMANCE STANDARDS
It shall be unlawful for any person to cause or allow the
operation of any source in violation of any provision of Part 60,
Title 40, of the Code of Federal Regulations (CFR) in effect as
of the federal regulation reference date listed in Section 3.25
of this regulation ((July 1, 2000)) herein incorporated by
reference.
AMENDATORY SECTION
REGULATION III SECTION 2.01 APPLICABILITY TO TOXIC AIR
CONTAMINANT SOURCES
(a) Article 2 of this Regulation III shall apply to all
sources of toxic air contaminants except that Section 2.05 shall
not apply to the following:
(1) Asbestos Removal Operations subject to Article 4 of Regulation III
(2) Hard and Decorative Chromium Electroplating and Chromium Anodizing subject to Section 3.01 of Regulation III
(3) Solvent Metal Cleaners subject to Section 3.05 of Regulation III
(4) Perchloroethylene Dry Cleaners subject to Section 3.03 of Regulation III
(5) Gasoline Storage and Dispensing Operations subject to Article 2 of Regulation II
(6) Graphic Arts Systems subject to Section 3.05 of Regulation II
(7) Can and Paper Coating Operations subject to Section 3.03 of Regulation II
(8) Motor Vehicle and Mobile Equipment Coating Operations subject to Section 3.04 of Regulation II
(9) Polyester/Vinylester/Gelcoat/Resin Operations subject to Section 3.08 of Regulation II
(10) Coatings and Ink Manufacturing subject to Section 3.11 of Regulation II
(11) Ethylene Oxide Sterilizers and Aerators subject to Section 3.07 of Regulation III
(12) Shipyard Coating Operations where all the coatings employed comply with the requirements in Table 2 in Subpart II 40 CFR Part 63 (NESHAP Shipbuilding and Ship Repair [Surface Coating] Operations)
(b) Any demonstration required by this Article shall be conducted in accordance with Section 2.07 of this Regulation.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
REGULATION III SECTION 2.02 NATIONAL EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
It shall be unlawful for any person to cause or allow the
operation of any source in violation of any provision of Part 61
or Part 63, Title 40, of the Code of Federal Regulations (CFR) in
effect as of the federal regulation reference date listed in
Section 3.25 of Regulation I ((July 1, 2000)) herein incorporated
by reference.