WSR 05-10-098




[ Filed May 4, 2005, 9:40 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Northwest Clean Air Agency Regulation.

Hearing Location(s): Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, on July 14, 2005, at 1:30 p.m.

Date of Intended Adoption: July 14, 2005.

Submit Written Comments to: James B. Randles, Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273,, fax (360) 428-1620, by July 14, 2005.

Assistance for Persons with Disabilities: Contact Scott Allison by June 30, 2005, (360) 428-1617, ext. 200.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The regulation amendments will allow the NWCAA to clarify various sections of our rules.

Amendatory Sections:

SECTION 100 NAME OF AGENCY. Revise to facilitate agency name change.

SECTION 102 POLICY. Delete subsection 102.7 regarding alternative compliance methods so as to eliminate Control Officer discretion.

SECTION 104 ADOPTION OF STATE AND FEDERAL LAWS AND RULES. Update to accommodate new or revised rules.

SECTION 131 VIOLATION - NOTICES. Clarify enforcement procedures and authority.

SECTION 133 CIVIL PENALTY. Clarify enforcement procedures and increase maximum civil penalty to account for inflation.

SECTION 200 DEFINITIONS. Amend to provide regulatory clarification.

SECTION 300 NEW SOURCE REVIEW. Minor revisions to be more consistent with the state new source review (NSR) program found in WAC 173-400-110 and add a subsection requiring a source to comply with issued approval orders.

SECTION 301 TEMPORARY SOURCES. Limit nonroad regulation to those that operate in a stationary manner.

SECTION 320 REGISTRATION PROGRAM. Minor clarifications.

SECTION 324 FEES. Clarify fee categories and update fee schedules through calendar year 2007.

SECTION 325 TRANSFER OR PERMANENT SHUTDOWN. Rename section and add notification and lockout requirements for sources that are permanently shutdown.

SECTION 340 REPORT OF UPSET AND BREAKDOWN. Revise reporting requirements for breakdown and upsets events that exceed emissions limits.

SECTION 341 REPORT OF SHUTDOWN OR STARTUP. Minor clarifications, reduce the time required for the advanced notification, and add reporting requirement for shutdowns or startups that exceed emission limits.

SECTION 342 OPERATION AND MAINTENANCE. Clarification and simplification of the section.

SECTION 424 OZONE STANDARD. Revise to reflect the new federal 0.08 ppm, 8-hour ambient ozone standard.

SECTION 460 WEIGHT/HEAT RATE STANDARD - EMISSION OF SULFUR COMPOUNDS. Clarifications and eliminate the exemption.

SECTION 550 PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE. Minor clarifications and revise the control standard from Best Available Control Technology (BACT) to Reasonable Available Control Technology (RACT) because RACT is applicable only to existing sources per the Washington State Clean Air Act.

SECTION 570 ASBESTOS CONTROL STANDARDS. Revise criteria for asbestos removal notification, remove optional notification amendments and adjust notification fee schedule.

SECTION 590 PERCHLOROETHYLENE DRY CLEANERS. Add requirement to keep records on-site and available for inspection.


SECTION 130 CITATIONS - NOTICES. Section is not necessary for enforcement.

SECTION 312 ENVIRONMENTAL POLICY GUIDELINES. Rules pertaining to State Environmental Policy Act (SEPA) guidelines are now being addressed by incorporating chapter 197-11 WAC by reference in Section 104.

SECTION 360 TESTING AND SAMPLING. These requirements are now contained in new Section 367 and Appendix A.

SECTION 365 MONITORING. These requirements are now contained in new Section 367 and Appendix A.

SECTION 366 INSTRUMENT CALIBRATION. These requirements are now contained in new Section 367 and Appendix A.

SECTION 480 SOLID FUEL BURNING DEVICE STANDARDS. This section is being replaced by Section 506.

New Sections:

SECTION 305 PUBLIC INVOLVEMENT. Details the process for public involvement when handling Notice of Construction (NOC) application, Orders of Approval to Construct (OAC) revisions and other actions. This section is being added as a replacement for following WAC 173-400-171.

SECTION 367 GENERAL REQUIREMENTS FOR MONITORING AND TESTING. Rewrite requirements for operating ambient and continuous emission monitors and requirements for stack source testing. Section 367 and Appendix A replaces Sections 360, 365, 366 and the NWCAA "Guidelines for Industrial Monitoring Equipment and Data Handling" that previously applied to these activities.

SECTION 403 PARTICULATE STANDARDS (PM-2.5). Add new federal ambient standard for fine particulate.

SECTION 502 OUTDOOR BURNING. Add definitions and add provision to deny fire permit issuance to a party if there is an outstanding penalty.

SECTION 506 SOLID BURNING DEVICE STANDARDS. Repeal existing Section 480 and rewrite under Section 506. Revisions include minor clarifications, new requirements for the installation of solid fuel heating devices, and clarify under which conditions a resident can get an exemption during burn bans.

APPENDIX A - AMBIENT MONITORING, EMISSION TESTING, AND CONTINUOUS EMISSION AND OPACITY MONITORING. Rewrite requirements for operating ambient and continuous emission monitors. Section 367 and Appendix A replace Sections 360, 365, 366 and the NWCAA "Guidelines for Industrial Monitoring Equipment and Data Handling."

NWCAA Regulation Revision Timeline

State Register submittal

(30+ pages for hearing after July 5)

Public Notice (30 days)

(include a statement about SIP submittal)

6/14/05 -> 7/14/05
SEPA (14 days) 6/30/05 -> 7/14/05
NWCAA Board hearing and adoption 7/14/05
Effective Date 30 days after CR-103 stamped

Statutory Authority for Adoption: Chapter 70.94 RCW.

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

Name of Proponent: Northwest Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting: Dan Mahar, 1600 South Second Street, Mount Vernon, (360) 428-1617, ext. 203; Implementation and Enforcement: James B. Randles, 1600 South Second Street, Mount Vernon, WA, (360) 428-1617, ext. 208.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

May 3, 2005

James B. Randles

Control Officer

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 05-12 issue of the Register.

Washington State Code Reviser's Office