WSR 05-22-106




[ Filed November 2, 2005, 8:42 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: Amend Regulation I, Section 3.07 (Compliance Tests).

     Hearing Location(s): Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on December 15, 2005, at 9:15 a.m.

     Date of Intended Adoption: December 15, 2005.

     Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, e-mail, fax (206) 343-7522, by December 14, 2005.

     Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by December 8, 2005, TTY (800) 833-6388 or (800) 833-6385 (Braille).

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed revision requires that compliance source test notifications be submitted on a form provided by the agency. Currently, source test notifications are received in a variety of formats, which sometimes causes confusion and leads to delays or mistakes in the review and handling of these test notices. This revision will help to eliminate confusion.

     Reasons Supporting Proposal: This is an administrative revision that will help document receipt and review of source test notifications as part of the record.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

     Statute Being Implemented: RCW 70.94.141.

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

     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.

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

     Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4052; and Implementation and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.

     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.

     A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

October 28, 2005

Steve Van Slyke

Supervisory Engineer



     (a) Testing of sources for compliance with emission standards shall be performed in accordance with current U.S. Environmental Protection Agency approved methods unless specific methods have been adopted by the Board. Where there is no federally approved or Board approved method, testing shall be performed in accordance with a method approved in writing by the Control Officer.

     (b) The owner or operator of a source shall notify the Agency in writing at least 2 weeks prior to any compliance test and provide the Agency an opportunity to review the test plan and to observe the test. Notification of a compliance test shall be submitted on forms provided by the Agency.

     (c) The owner or operator of any source required to perform a compliance test shall submit a report to the Agency no later than 60 days after the test. The report shall include:

     (1) A description of the source and the sampling location;

     (2) The time and date of the test;

     (3) A summary of results, reported in units and for averaging periods consistent with the applicable emission standard;

     (4) A description of the test methods and quality assurance procedures employed;

     (5) The amount of fuel burned or raw material processed by the source during the test;

     (6) The operating parameters of the source and control equipment during the test;

     (7) Field data and example calculations; and

     (8) A statement signed by the senior management official of the testing firm certifying the validity of the source test report.