WSR 03-21-111


[ Filed October 20, 2003, 9:12 a.m. ]

Hearing Notice

State Implementation Plan Revision

Including and Removing Puget Sound Clean Air Agency Regulations in the State Implementation Plan.

Background: On July 24, 2003, the Puget Sound Clean Air Agency (PSCAA) board of directors adopted Resolution No. 1004. This resolution comprehensively updates PSCAA regulations in the state implementation plan (SIP), a statewide plan for meeting federal health-based standards for specific air pollutants. The resolution requests that the federal Environmental Protection Agency (EPA) add new and revised regulations to the SIP, and remove certain regulations from the SIP that are not required by Title I of the Clean Air Act or that were previously repealed by PSCAA's board of directors. To this end, ecology will receive comments on:

+ Including the following new and revised regulations in the SIP: Regulation I, Sections 1.01, 1.03, 1.05, 1.07, 3.04 [except (e)], 3.06, 5.03, 5.05, 7.09, 8.04, 8.05, 8.09 through 8.12, 9.03 [except (d) and (e)], 9.04, 9.09, 9.15, 9.16, 12.01, 12.03 [except (b)(2)], 13.01, and 13.02, and Regulation II Sections 1.01, 1.02, 1.03, 1.05, 2.01, 2.07, 2.08, and 3.02 and

+ Removing the following regulations from the SIP: Regulation I, Sections 5.07, 8.02, 8.03, 9.11, 9.13, 11.01, 11.02, 12.02 and 12.04, and Regulation II, Sections 2.04, and 3.07, and Regulation III, Sections 1.01, 1.02, 1.03, 1.05, 1.07, 1.08, 1.11, 2.01, 2.05, 2.07, 3.01, 3.03, 3.05, 3.07, 4.01 through 4.07, and Appendix A.

The following sections of PSCAA's regulations provide legal authority necessary to meet the requirements of Title I of the federal Clean Air Act, but do not directly regulate air emissions. They were incorporated by reference into federal law when they were originally adopted into the SIP. They are not, however, intended to be federally enforceable. For this reason, ecology will receive comment on the request to include the following existing and revised regulations in the SIP and not incorporate them by reference into federal law: Regulation I, Sections 3.05, 3.07, 3.09, 3.13, 3.15, 3.19, 3.21 and 3.23; and revised Regulation I, Sections 3.01, 3.11, and 3.17.

Resolution No. 1004 is meant to be a comprehensive list of PSCAA's regulations that should be federally enforceable as incorporated by reference in the SIP. For this reason, the PSCAA Board of Directors included the following regulations in Resolution No. 1004, confirming that they are in the SIP and are intended to remain in the SIP. Because they are already in the SIP, ecology will not receive comment on the following regulations as they relate to the SIP at this public hearing: Regulation I, Sections 5.02, 9.05, 9.07, 9.08, 9.20, 13.03, 13.04, 13.05, and 13.07, and Regulation II, Sections 1.04, 2.03, 2.05, 2.06, 3.01, 3.03, 3.04, 3.05, 3.08, 3.09 and 3.11.

The Department of Ecology (ecology) will hold a public hearing to receive comments on the actions described above.

Hearing schedule: Thursday, November 20, 2003, at 9:15 a.m., Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA.

For a SIP hearing, only comments related to including and/or removing the PSCAA regulations in or from the SIP can be considered. Written comments must be postmarked no later than November 25, 2003, and should be sent to Brett Rude, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

For more information: For more information about the content of the regulations prior to the hearing, please contact Dave Kircher, Puget Sound Clean Air Agency, (206) 689-4050.

If you require this publication in an alternative format, please contact the agency receptionist at the Puget Sound Clean Air Agency, (206) 689-4010 (voice) or (800) 833-6388 (TDD) by November 13, 2003.

Legislature Code Reviser 


Washington State Code Reviser's Office