Original Notice.

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

     Title of Rule: (1) SCAPCA Regulation I, Article II, Section 2.02.E&F; (2) SCAPCA Regulation I, Article V, Section 5.04.A.7; (3) SCAPCA Regulation I, Article V, Section 5.08.A; (4) SCAPCA Regulation I, Article X, Section 10.08; and (5) SCAPCA Regulation I, Article X, Section 10.14.

     Purpose: (1) Clarify right-of-entry; (2) for Notices of Construction, reference fees in Article X; (3) for Notices of Intent, reference fees in Article X; (4) move paving waiver fees to Section 10.14; and (5) new section for paving waiver fees, which includes minimum filing fee at time of application.

     Statutory Authority for Adoption: RCW 70.94.141.

     Statute Being Implemented: Chapter 70.94 RCW.

     Summary: (1-4) The revisions clarify and/or correct existing regulations; and (5) the new section allows hourly review fees to be collected when paving waiver reviews take more than one hour to complete.

     Reasons Supporting Proposal: (1-4) Revisions help clarify the regulation and removes incorrect references; and (5) the new section allows cost recovery for the paving waiver review program.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Matt Holmquist, Spokane County Air Pollution Control Authority, 1101 West College, Suite 403, Spokane, WA 99201, (509) 477-4727.

     Name of Proponent: Spokane County Air Pollution Control Authority (SCAPCA), governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: (1) The revision would clarify right-of-entry issues. No effects are anticipated; (2-3) the revisions would clarify fees charged by SCAPCA. No effects are anticipated; (4) the revision provides for relocating paving waiver fees to Section 10.14. No effects are anticipated; and (5) the new section requires a minimum filing and review fee up front, which will help reduce unpaid review invoices.

     Proposal Changes the Following Existing Rules: Additions or revisions would effectively change the implementation of the following: (5) By requiring that a $50 filing/review fee be submitted at the time of application, SCAPCA will have fewer unpaid review fees.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Spokane County Air Pollution Control Authority is not required under chapter 19.85 RCW to file small business economic impact statements.

     RCW 34.05.328 does not apply to this rule adoption. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.

     Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on January 3, 2002, at 8:30 a.m.

     Assistance for Persons with Disabilities: Contact Barbara Nelson at the Spokane County Air Pollution Control Authority, by December 24, 2001.

     Submit Written Comments to: Matt Holmquist, Spokane County Air Pollution Control Authority, 1101 West College, Suite 403, Spokane, WA 99201, fax (509) 477-6828, by December 24, 2001, at 4:30 p.m.

     Date of Intended Adoption: January 3, 2002.

November 14, 2001

Matt Holmquist

Compliance Administrator

REGULATION I, ARTICLE II GENERAL PROVISIONS

SECTION 2.02 CONTROL OFFICER'S DUTIES AND POWERS

     ((E. For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the atmosphere, the Control Officer or his duly authorized

representatives shall have the power to enter, at reasonable times, upon any private or public property, excepting equipment specifically excepted in Section 6.09 of this Regulation. No person shall refuse entry or access to the Control Officer or his duly authorized representatives who request entry for the purpose of inspection and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such inspection. (RCW 70.94.200)

     F. If the Control Officer or an authorized employee of the Authority during the course of an inspection desires to obtain a sample of air contaminant, fuel, process material or other material which affects or may affect the emission of air contaminants, he shall notify the owner or lessee of the time and place of obtaining a sample so the owner or lessee has the opportunity to take a similar sample at the same time and place, and the Control Officer or the authorized employee of the Authority shall give a receipt to the owner or lessee for the sample obtained.))

     E. For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the atmosphere, the Control Officer or his/her duly authorized representatives shall have the power to enter at reasonable times upon any private or public property when the inspection is to verify compliance with a registration, permit or other order of the Authority or when the Control Officer or his/her representative has probable cause to believe a violation has occurred, is occurring or that a violation may occur, and advises the person of the purpose for which the entry is requested unless such property is otherwise open to the public; excepting non-multiple unit private dwellings housing two families or less. No person shall refuse entry or access to the Control Officer or his/her duly authorized representative who requests entry for the purpose of inspection or investigation at reasonable times, discloses the purpose and who presents appropriate Authority credentials, nor shall any person intimidate, obstruct, hamper or interfere with any such inspection.

     F. If an authorized employee of the Authority, during the course of an inspection desires to obtain a sample of air contaminant, fuel, process material or other material that affects or may affect the emission of air contaminants, he/she shall notify the owner or lessee of the time and place of obtaining a sample so the owner or lessee has the opportunity to take a similar sample at the same time and place, and the Control Officer or the authorized representative of the Authority shall give a receipt to the owner or lessee for the sample obtained.

AMENDATORY SECTION

SCAPCA REGULATION I, ARTICLE V NEW, MODIFIED, AND TEMPORARY STATIONARY AIR CONTAMINANT SOURCES

SECTION 5.04 INFORMATION REQUIRED

     A. Each Notice of Construction and Application for Approval shall be accompanied by appropriate documentation that provides a detailed description of the stationary air contaminant source. Such information may include, but is not limited to:

     7. The owner or operator shall provide proof that the requirements of Article XI of this Regulation (Spokane Environmental Ordinance) have been met.

     If SCAPCA is the lead agency for review of an Environmental Checklist (SEPA) or Environmental Impact Statement (EIS) related to the Notice of Construction being submitted, then the person filing the SEPA shall pay a review fee according to Regulation I, Article X. This fee shall be paid without regard to whether the Notice of Construction and Application for Approval is approved or denied.

AMENDATORY SECTION

SCAPCA REGULATION I, ARTICLE V NEW, MODIFIED, AND TEMPORARY STATIONARY AIR CONTAMINANT SOURCES

SECTION 5.08 TEMPORARY STATIONARY AIR CONTAMINANT SOURCES

     A. Except as otherwise allowed in 5.08.I of this Article, for stationary air contaminant sources which locate temporarily at specific sites, the owner or operator shall be allowed to operate at the temporary location without filing a Notice of Construction and Application for Approval, provided the owner or operator files a Notice of Intent to Install and Operate a Temporary Source (NOI) at least fifteen (15) calendar days prior to starting the operation, (using Authority prepared and furnished application and information request forms) and obtains permission to operate from the Control Officer. Sufficient information shall be supplied by the owner or operator to enable the Control Officer to determine that the operation will be in accordance with Chapter 70.94 RCW, the Federal Clean Air Act (42 USC 7401 et seq.), and the rules adopted thereunder. The owner or operator shall also provide proof that the requirements of Article XI of this Regulation (Spokane Environmental Ordinance) have been met.

     If SCAPCA is the lead agency for review of an Environmental Checklist (SEPA) or Environmental Impact Statement (EIS) related to the NOI being submitted, then the person filing the SEPA shall pay a review fee according to Regulation I, Article X. This fee shall be paid without regard to whether permission to operate is granted or denied.

AMENDATORY SECTION

SCAPCA REGULATION I, ARTICLE X FEES AND CHARGES

SECTION 10.08 MISCELLANEOUS FEES

     A fee of $50 per hour of time expended in review shall be paid by the applicant for each of the following:

     A. Emission reduction credit request pursuant to Chapter 173-400-131 WAC.

     ((B. Paving waiver request pursuant to Spokane County Zoning Code, Section 14.802.080 or City of Deer Park Code, Chapter 18.74.050.))

     ((C)) B. Alternate opacity limit request pursuant to RCW 70.94.331 (2)(c).

     ((D)) C. Reasonably Available Control Technology (RACT) determination pursuant to Chapter 173-400-040 WAC and/or RCW 70.94.161.

     ((E)) D. Variance request pursuant to SCAPCA Regulation II; Article III or RCW 70.94.181. In addition, the applicant shall pay a filing fee of $125.

     ((F)) E. Voluntary limits on emissions request pursuant to Chapter 173-400-091 WAC.

     ((G)) F. Requests pursuant to the following sections of this regulation.

     1. Section 6.13.E.3.j (use of alternate spray application method);

     2. Section 6.13.F.4 (large object enclosure exemption);

     3. Section 6.13.F.6 (stack exemption);

     4. Section 6.13.F.9 (use of lead or hexavalent chrome containing coatings);

     5. Section 6.13.F.10 (enclosure and/or particulate control exemption); and

     6. Section 6.13.F.11 (inside exhaust exemption).

NEW SECTION

SCAPCA REGULATION I, ARTICLE X FEES AND CHARGES

SECTION 10.14 PAVING WAIVER FEES

     A minimum nonrefundable filing and review fee of $50 shall accompany all paving waiver requests submitted to SCAPCA. After the first hour of filing and review, an additional fee of $50 per hour shall be paid by the applicant for each hour of time expended by SCAPCA in carrying out the review.

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