WSR 02-05-047

PROPOSED RULES

OLYMPIC AIR POLLUTION

CONTROL AUTHORITY

[ Filed February 14, 2002, 10:43 a.m. ]

Original Notice.

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

Title of Rule: OAPCA Regulation 1, Article 7 Notice of Construction and Application for Approval (and associated definition changes in OAPCA Regulation 1, Article 1, Section 1.07 Definitions).

Purpose: To amend sections of the OAPCA regulation to address programmatic issues between the state and local implementations of New Source Review.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

Summary: Amendatory Sections:

Section 1.07, include new definitions used in new sections of Article 7, revisions to the definition of major modification and control officer, and other minor changes. New definitions and the revision to major modification are copied directly from chapter 173-400 WAC. Control officer was revised to include the term Executive Director.

Section 7.05, clarify wording regarding issuance of approval orders. New sections also address these issues.

New Sections:

Section 7.17, add requirements for new sources in nonattainment areas. Requirements are copied directly from WAC 173-400-112(2), except for minor changes to authority.

Section 7.18, add requirements for new sources in attainment or unclassifiable areas. Requirements are copied directly from WAC 173-400-113(2), except for minor changes to authority.

Section 7.19, add requirements for replacement or substantial alteration of emission control technology at an existing stationary source. Requirements are copied directly from WAC 173-400-114, except for minor changes to authority.

Section 7.20, add requirements for change of conditions. Requirements are copied directly from WAC 173-400-110(10), except for minor changes to authority and procedure for requesting and processing the change of conditions.

Section 7.21, add requirements for application processing. Requirements are copied directly from WAC 173-400-110 (6) and (7), except for minor changes to authority and removal of language that applies to ecology only.

Reasons Supporting Proposal: OAPCA currently enforces both state and local New Source Review (NSR) regulations, which is confusing to the regulated community. These changes make OAPCA's NSR program complete and the regulated community will need only comply with local NSR regulations, once program approval is received from EPA. These changes will not affect how OAPCA currently implements NSR.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Richard Stedman, Executive Director, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, (360) 438-8768.

Name of Proponent: Olympic Air Pollution Control Authority, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary and Reasons Supporting Proposal above.

Proposal Changes the Following Existing Rules: See Summary and Reasons Supporting Proposal above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the Regulatory Fairness Act (chapter 19.85 RCW) because air pollution control authorities are not deemed state agencies (RCW 70.94.141).

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: Olympic Air Pollution Control Authority, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, on April 10, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Craig Weckesser by April 3, 2002.

Submit Written Comments to: Richard Stedman, Executive Director, Olympic Air Pollution Control Authority, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, fax (360) 491-6308, by April 9, 2002.

Date of Intended Adoption: April 10, 2002.

February 14, 2002

Richard Stedman

Executive Director

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 02-06 issue of the Register.

Washington State Code Reviser's Office