PERMANENT RULES
POLLUTION CONTROL AUTHORITY
Purpose: Repeal of rule requiring oxygenated fuels and related fees in Spokane County.
Citation of Existing Rules Affected by this Order: Repealing (SCAPCA) Regulation 1, Article 6, Section 6.16 Motor Fuel Specification for Oxygenated Gasoline and Article 10, Section 10.11 Oxygenated Gasoline.
Statutory Authority for Adoption: RCW 70.94.141.
Adopted under notice filed as WSR 05-15-075 on July 14, 2005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 2.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 1, 2005.
Ronald J. Edgar
Chief of Technical Services
ARTICLE VI
| EMISSIONS PROHIBITED |
REVISED: October 7, 2004
EFFECTIVE: November 14, 2004
REPEALER
SECTION 6.16 MOTOR FUEL SPECIFICATIONS FOR OXYGENATED
GASOLINE
A. Purpose. This Section establishes motor fuel
specifications for oxygenated gasoline in order to reduce
wintertime carbon monoxide emissions from gasoline powered
motor vehicles.
B. Applicability. This Section applies to all blenders
and to all retail sellers of oxygenated gasoline, intended as
a final product for fueling of motor vehicles within the
Spokane Control Area and supplied to purchasers within the
Spokane Control Area, as defined in Chapter 173-492-070 of the
Washington Administrative Code (WAC).
C. Definitions. Unless a different meaning is clearly
required by context, words and phrases used in Section 6.16
shall have the following meaning:
1. Authority means the Spokane County Air Pollution
Control Authority.
2. Conform and Conformity have the same meanings as the
terms are used in Section 176(c) of the Federal Clean Air Act.
3. Ecology means the Washington Department of Ecology.
4. EPA means the United States Environmental Protection
Agency or the Administrator of the United States Environmental
Protection Agency or his/her designated representative.
5. Federal Clean Air Act means the Federal Clean Air Act,
also known as Public Law 88-206, 77 Stat. 392, December 17,
1963, 42 U.S.C. 7401 et seq., as last amended by the Clean Air
Act Amendments of 1990, P.L. 101-549, November 15, 1990.
6. Forecast Of Vehicle Miles Traveled has the same
meaning as in Section 187 (a)(2) of the Federal Clean Air Act.
7. Implementation Plan has the same meaning as in Section
110 of the Federal Clean Air Act, as it pertains to the
Spokane Carbon Monoxide Nonattainment Area.
8. Maintenance Plan has the same meaning as in Section
175A of the Federal Clean Air Act, pertaining to revisions of
the applicable implementation plan.
9. Maximum Allowable Oxygenate means the maximum amount
of an oxygenate which may be added to gasoline without
exceeding the limits for fuel additives established under
Section 211(f) of the Federal Clean Air Act.
10. Metropolitan Planning Organization has the same
meaning as in Chapter 173-420 WAC.
11. Reasonable Further Progress has the same meaning as
in Section 171(1) of the Federal Clean Air Act.
12. Spokane Carbon Monoxide Nonattainment Area has the
same meaning as in CFR Title 40, Part 81.
13. Transportation Improvement Program has the same
meaning as in Chapter 173-420 WAC, to the extent that it
applies to the Spokane Carbon Monoxide Nonattainment Area.
14. Transportation Plan has the same meaning as in
Chapter 173-420 WAC, to the extent that it applies to the
Spokane Carbon Monoxide Nonattainment Area.
D. Adoption of state regulation by reference. Except for
Subsections 173-492-040 (1) and (2), Chapter 173-492 WAC is
hereby adopted by reference, to the extent that it applies to
the Spokane Control Area.
E. Blend and retail sale requirements for gasoline with
non-ethanol oxygenates. Gasoline shall contain the maximum
allowable oxygenate for the control period, unless the
oxygenate is ethanol.
F. Blend and retail sale requirements for gasoline with
ethanol as an oxygenate. The following requirements shall
apply:
1. Oxygen in the gasoline shall be no less than 3.2% by
weight for the control period beginning on September 1, 1995
and ending February 29, 1996.
2. Oxygen in the gasoline shall be no less than 2.7% by
weight for the control period beginning in 1996 and for all
subsequent control periods.
G. Conformity blend and retail sale requirement for
gasoline with ethanol as an oxygenate. Notwithstanding
Subsection F., the following requirement shall apply after the
applicable Metropolitan Planning Organization, Ecology, and
the Authority determine, after consultation that, due solely
to an exceedance of a forecast of vehicle miles traveled, a
higher level of oxygen in gasoline than what is required in
Subsection F., is necessary in order for the Transportation
Plan or the Transportation Improvement Program to conform to
the Implementation Plan or Maintenance Plan:
1. Oxygen in the gasoline shall be no less than 3.2% by
weight, for the control period beginning in the year for which
the higher level of oxygen is projected as necessary to show
conformity, and for all subsequent control periods.
H. Contingency blend and retail sale requirements for
gasoline with ethanol as an oxygenate. Notwithstanding
Subsections F. or G., gasoline shall contain the maximum
allowable oxygenate, as of the initial control period
beginning after EPA makes any one of the following findings in
Subsection H.1., H.2., or H.3., relative to the Spokane Carbon
Monoxide Nonattainment Area, in conjunction with the finding
in Subsection H.4.:
1. Failure to make Reasonable Further Progress.
2. Failure to timely attain a National Ambient Air
Quality Standard for carbon monoxide.
3. Violation of a National Ambient Air Quality Standard
for carbon monoxide after 1995.
4. Wintertime emissions from gasoline powered motor
vehicles are determined by the EPA, in consultation with
Ecology and the Authority to be a contributing factor to such
failure or violation.
The maximum allowable oxygenate requirement shall remain
in effect for the duration of the initial control period and
all subsequent control periods until the Authority proposes
and EPA determines that subsequent reductions in carbon
monoxide emissions, achieved through other control measures or
strategies, are sufficient to correct the referenced failure
or violation. Upon such determination by EPA, the applicable
oxygenate requirement in Subsection F. or G. shall apply, as
of the beginning of the control period immediately following
the determination.
I. Test method. Compliance with requirements in this
Section for oxygen in gasoline, including maximum allowable
oxygenate, shall be determined by ASTM 4815-89; Determination
of C1 and C2 Alcohols and MTBE in Gasoline by Gas
Chromatography, or other test methods as approved by Ecology.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.
ARTICLE X
| FEES AND CHARGES |
REVISED: March 4, 2004
EFFECTIVE: April 10, 2004
REPEALER
SECTION 10.11 OXYGENATED GASOLINE
A. Pursuant to Chapter 173-492 WAC, the following annual
fees shall be paid by blenders of oxygenated gasoline for sale
in the Spokane Control Area.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.