WSR 04-01-160




[ Filed December 22, 2003, 12:10 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Spokane County Air Pollution Control Authority (SCAPCA) Regulations I and II, repeal all of Regulation II; revise Regulation I, Articles I, II, III, IV, V, VI, and X; repeal Regulation I, Article VII.

Purpose: Amend the existing Regulation I and repeal the existing Regulation II. Revisions include deletion of sections that no longer apply (i.e., delete Articles and Sections that contain outdated compliance schedules, limitations, and requirements established in the original Regulation's inception; Article VII), delete sections that are duplicative within the Regulation or that are duplicative of state regulations (i.e. where it is not necessary for SCAPCA to have certain sections, since SCAPCA implements and enforces the equivalent state regulation sections). Incorporate EPA required changes to Regulation I, Articles I, II, IV, and V so that they can be incorporated into the SIP. Centralize, revise and add to the definitions in Article I. Make corrections to spelling, punctuation, sentence structure, references to other section. Add some fees (Article X). Revise paragraph formats to be consistent throughout the Regulation. Attempt to make the Regulation more understandable and readable.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.

Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.

Summary: Nearly every Article in Regulation I was revised in some manner, for differing reasons: SCAPCA attempted to make regulations consistent with Washington state and other local regulations and incorporate changes required by EPA to make SCAPCA's Regulations SIP acceptable. Regulation II is being repealed.

Reasons Supporting Proposal: Portions or all of Articles I, II, and VII had not been revised since their inception in 1969, thus they were significantly outdated. EPA required the state and local authorities to update their registration and NSR regulations (in SCAPCA's case, Articles IV and V) and incorporate them into the SIP. EPA also made recommendations that SCAPCA revise other sections of Regulation I, so that they are in line with present federal and state law. Article X has been updated to ensure that SCAPCA receives compensation for work that is requested by the proponent or is required by state law.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: SCAPCA's Regulation addresses different aspects and impacts of air pollution in Spokane County in order to secure and maintain such levels of air quality that protect human health and safety, including the health and safety of the most sensitive members of the population, to comply with the requirements of the Federal Clean Air Act (FCAA) and the Washington Clean Air Act (WCAA), to prevent injury to plant and animal life and to property, to foster the comfort and convenience of its inhabitants, to promote the economic and social development of the county and to facilitate the enjoyment of the natural attractions of the county.

Further, it is the intent of this Regulation to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, historic, and cultural values, and to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions.

SCAPCA's Regulation was developed to control the emissions of air contaminants from stationary sources within Spokane County, to provide for the uniform administration and enforcement of the Authority's Regulation, and to carry out the requirements and purposes of the Washington Clean Air Act (WCAA).

It has been historically proven that this Regulation has been instrumental in improving the air quality in Spokane County by:

1. Reducing criteria pollutant (PM10, PM2.5, NOx, SOx, CO, ozone, lead) emissions;

2. Reducing public exposure to toxic air pollutants, as listed in chapter 173-460 WAC;

3. Reducing emissions of precursors to the formation of tropospheric ozone and other photochemical oxidants;

4. Improving visibility in Spokane County; and

5. Encouraging pollution prevention.

Proposal Changes the Following Existing Rules: The Regulation is more understandable and better organized.

Definitions, for the most part, were moved to Section 1.04 to centralized terms that are used throughout the Regulation.

Regulation I, Article VII and all of Regulation II are repealed.

Articles I, II, III, IV, V, Section 6.13; and Article X have been extensively revised, mostly because of EPA's requirements so that the Registration (Article IV) and New Source Review (Article V) Regulations will be federally enforceable by being acceptable for incorporation into the SIP.

Article II, Sections 2.03, 2.04, 2.05, 2.07, 2.09, 2.11, 2.12; Article VI, Sections 6.06, 6.07, 6.08, 6.09, and 6.11 have been deleted, because SCAPCA implements and enforces the equivalent sections in chapter 173-400 WAC, therefore, those sections are not needed in SCAPCA's Regulation I.

Section 2.13 was added in order to centralize updating the date of the federal laws and regulations that are being implemented and enforced by SCAPCA.

Control Officer discretion for exempting sources was eliminated in Article IV.

Exhibit "R" of Article IV was revised in a number of places and a few new sources were added to the list.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule. RCW 34.05.328 does not apply to local air pollution control authority rule development/amendments.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), 34.05.328 does not apply to this rule amendment.

Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on March 4, 2004, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Charles Studer by 4:30 p.m., March 1, 2004, TDD (509) 477-4727 ext. 107.

Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, fax (509) 459-6828, by 4:30 p.m., March 1, 2004.

Date of Intended Adoption: March 4, 2004.

December 19, 2003

Charles E. Studer

Environmental Engineer

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 04-03 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office