WSR 02-05-011



[ Order 02-02 -- Filed February 8, 2002, 3:15 p.m. ]

Subject of Possible Rule Making: Changes to chapter 173-401 WAC may include: (1) Changing the treatment of insignificant emissions units at air operating permit sources, (2) updating the definition of "major source" to reflect certain changes made in federal rules, (3) adding certain definitions that deal with compliance, and (4) updating the audit requirements, and certain other minor housekeeping changes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.161 directs the Department of Ecology to obtain and maintain an approved air operating permit program consistent with federal rules.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These changes are being made to conform the state rule to federal requirements, to make clear how compliance is reported and to make the program audit procedures more useful.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Environmental Protection Agency has oversight responsibility on this program, ecology and the seven local air pollution authorities are the implementing agencies. At least one state agency (Washington State University) is a permittee under this regulation. All of these agencies will be notified, and consulted during rule making.

Process for Developing New Rule: We will involve the public through a hearing and mailings of a focus sheet to a list of ~500 persons who are already interested in the air operating permit program.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tom Todd, Department of Ecology, P.O. Box 47600, Olympia, WA 98516, phone (360) 407-7528, fax (360) 407-7534, e-mail A focus sheet will be mailed to all interested parties. If a person would like to be added to the existing list, please contact Tom Todd. A public hearing on this rule amendment will also be held.

February 8, 2002

Mary E. Burg

Air Quality Program Manager

Washington State Code Reviser's Office