WSR 04-04-083




[ Filed February 3, 2004, 11:07 a.m. ]

Original Notice.

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

Title of Rule: Amend Sections 1.07, 3.04, 6.03, 6.09, 9.03, 9.04, 9.08, 12.03 (Regulation I); Section 2.07 (Regulation III). Adopt Section 6.01 (Regulation I). Repeal Sections 6.06, 6.07, 6.08 (Regulation I).

Purpose: The purpose of this proposal is to create a more consistent Notice of Construction process throughout the state of Washington and to facilitate the United States Environmental Protection Agency's approval of the state implementation plan.

Other Identifying Information: 1.07 Definitions; 3.04 RACT; 6.03 Notice of Construction; 6.09 Notice of Completion; 9.03 Emission of Air Contaminant: Visual Standard; 9.04 Opacity Standards for Equipment w/Continuous Opacity Monitoring Systems; 9.08 Fuel Oil Standards; 12.03 Continuous Emission Monitoring Systems; 2.07 Evaluating the Impacts of TAC; 6.01 Components of New Source Review Program; 6.06 Public Notice; 6.07 Order of Approval -- Order to Prevent Construction; 6.08 Emission Reduction Credit Banking.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: The agency is proposing to repeal its Notice of Construction program and to adopt by reference components of the Department of Ecology's program from chapters 173-400 and 173-460 WAC. Defined terms would be made consistent with those in the WAC. Cross references to the repealed sections would be amended. These proposed changes should be imperceptible to applicants.

Reasons Supporting Proposal: The federal preconstruction review requirements from 40 C.F.R. 51.160 through 51.164 and the state Notice of Construction requirements from RCW 70.94.152 through 70.94.153 are complex and difficult to rewrite without altering their meaning or deviating from the underlying statutory authority. The Washington Department of Ecology must submit a state implementation plan revision containing new source review programs for the entire state to the United States Environmental Protection Agency for their approval. Adoption by reference of ecology's rules will facilitate this process.

A consistent statewide review program is also considered beneficial to the business community.

Name of Agency Personnel Responsible for Drafting: Gerry Pade, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4065; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

Rule is necessary because of federal law, FCAA Sec. 110.(a)(2)(C), 40 C.F.R. 51.160 through 51.164.

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

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

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: Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on March 25, 2004, at 9:15 a.m.

Assistance for Persons with Disabilities: Contact

Agency Receptionist, (206) 689-4010, by March 18, 2004, TDD (800) 833-6388 or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, fax (206) 343-7522, by March 25, 2004.

Date of Intended Adoption: March 25, 2004.

February 2, 2004

Gerry Pade


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 04-05 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office