WSR 06-05-057




[ Filed February 13, 2006, 9:25 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: Amend Regulation I, Sections 3.07 (Compliance Tests) and 6.01 (Components of New Source Review Program).

     Hearing Location(s): Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on March 23, 2006, at 9:15 a.m.

     Date of Intended Adoption: March 23, 2006.

     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 March 22, 2006.

     Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by March 16, 2006, TTY (800) 833-6388 or (800) 833-6385 (Braille).

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed revision to Section 3.07 requires that compliance source test notifications be submitted on forms 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.

     The proposed revision to Section 6.01 updates a WAC reference that was changed by the department of ecology.

     Reasons Supporting Proposal: These are administrative revisions that will (1) help document receipt and review of source test notifications as part of the record, and (2) amend an outdated WAC reference.

     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; 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.

February 10, 2006

James Nolan

for 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)) 21 days 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. Test notifications using the Agency forms do not constitute test plans, and compliance with this notification provision does not satisfy any requirement to submit a test plan. Notification under Section 3.07(b) of this regulation does not waive or modify test notification requirements found in other applicable regulations.

     (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.



     (a) In addition to the provisions of this regulation, the Agency adopts by reference and enforces the following provisions of the new source review program established by the Washington State Department of Ecology:

     WAC 173-400-030 Definitions. (effective 2/10/05)

     WAC 173-400-081 Startup and shutdown. (effective 9/20/93)

     WAC 173-400-110 (3) and (6)-(10) New source review (NSR). (effective 2/10/05)

     WAC 173-400-112 Requirements for new sources in nonattainment areas. (effective 2/10/05)

     WAC 173-400-113 Requirements for new sources in attainment or unclassifiable areas. (effective 2/10/05)

     WAC 173-400-114 Requirements for replacement or substantial alteration of emission control technology at an existing stationary source. (effective 9/15/01)

     WAC 173-400-117 Special protection requirements for federal Class I areas. (effective 2/10/05)

     WAC 173-400-171 Public involvement. - excluding references to chapter 173-460 WAC (effective 2/10/05)

     WAC 173-400-200 Creditable stack height and dispersion techniques. (effective 2/10/05)

     WAC 173-400-560 General order of approval. (effective 2/10/05)

     WAC 173-400-700 Review of major stationary sources of air pollution. (effective 2/10/05)

     WAC 173-400-710 Definitions. (effective 2/10/05)

     WAC 173-400-720 Prevention of significant deterioration (PSD). (effective 2/10/05)

     WAC 173-400-730 Prevention of significant deterioration application processing procedures. (effective 2/10/05)

     WAC 173-400-740 PSD permitting public involvement requirements. (effective 2/10/05)

     WAC 173-400-750 Revisions to PSD permits. (effective 2/10/05)

     WAC 173-460-020 Definitions. (effective 2/14/94)

     WAC 173-460-040 (3)-(10) New source review. (effective 2/14/94)

     WAC 173-460-050 Requirement to quantify emissions. (effective 2/14/94)

     WAC 173-460-060 Control technology requirements. (effective 8/21/98)

     WAC 173-460-070 Ambient impact requirement. (effective 9/18/91)

     WAC 173-460-080 Demonstrating ambient impact compliance. (effective 2/14/94)

     WAC 173-460-090 Second tier analysis. (effective 2/14/94)

     (b) The Washington State Department of Ecology is the permitting agency for the Prevention of Significant Deterioration (PSD) program under WAC 173-400-700 through WAC 173-400-750 (as delegated by agreement with the US Environmental Protection Agency, Region 10), and for primary aluminum smelters, kraft pulp mills, and sulfite pulp mills.

     (c) The Washington State Department of Health is the permitting agency for radionuclides under chapter 246-247 WAC.

     (d) The Energy Facility Site Evaluation Council (EFSEC) is the permitting agency for large natural gas and oil pipelines, electric power plants above 350 megawatts, new oil refineries or large expansions of existing facilities, and underground natural gas storage fields under chapter 463-((39))78 WAC.