PROPOSED RULES
POLLUTION CONTROL AUTHORITY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: Name change to Spokane Regional Clean Air Agency. The board of Spokane County Air Pollution Control Authority has directed staff to change the agency's name to Spokane Regional Clean Air Agency (SRCAA). The amendments to Regulation I are for the most part to change the agency's name wherever it occurs, except for Article VI, Section 6.17, Articles IX and X, which during this revision are being revised by others. The equivalent revisions will be included in their submittals. In addition, an administrative change was made to Section 1.04 - Definitions to delete the lettering system for the definitions in order to make addition or deletion of definitions more flexible. The definition "agency" is being included in Section 1.04.
Article II, Section 2.13 is being revised to include the federal regulation reference dates in the state of Washington's WAC 173-400-115, 173-400-075(1), and 173-400-075 (6)(a). The aforementioned sections of chapter 173-400 WAC are being adopted into SCAPCA's regulation by reference. This will allow SCAPCA to use the more recent date between SCAPCA and ecology rules for enforcement of federal standards.
Articles and sections within SCAPCA's regulation being revised to incorporate the name change are: Article I, Sections 1.01, 1.02, 1.03, and 1.04; Article II, Sections 2.13, and 2.14; Article V, Section 5.04; and Article VI, Sections 6.01, 6.11, 6.14, and 6.15.
Hearing Location(s): Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on May 3, 2007, at 9:00 a.m.
Date of Intended Adoption: May 3, 2007.
Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, e-mail cestuder@scapca.org, fax (509) 466-6828, by 4:30 p.m., April 10, 2007.
Assistance for Persons with Disabilities: Contact Charles Studer by 4:30 p.m., April 2, 2007, (509) 477-4727 ext. 107.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Change the name of the agency from Spokane County Air Pollution Control Authority to Spokane Regional Clean Air Agency throughout the regulation, except for Article VI, Section 6.17, Articles IX and X, which will be revised in a separate submittal.
Change the agency acronym from SCAPCA to SRCAA, throughout the regulation, except for Articles IX and X, which will be revised in a separate submittal.
Administratively remove the lettering scheme in Section 1.04 and add the definition for "agency."
Revise the federal regulation reference date so that it includes the more recent date of Article I Section 2.13 or the dates listed in WAC 173-400-115, 173-400-075(1), and 173-400-075 (6)(a).
Adopt by reference, WAC 173-400-115, 173-400-075(1), and 173-400-075 (6)(a).
Revise an inaccurate reference in Section 2.14.A.1.a. (3)(a)(i) from RCW 70.94.161 to 70.94.154.
Reasons Supporting Proposal: Name change, administrative changes to make revisions to Section 1.04 easier, corrections to references, and adopting certain sections of chapter 173-400 WAC into SCAPCA's regulation to enhance enforcement of federal rules and standards.
Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.
Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Spokane County Air Pollution Control Authority, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Charles E. Studer, Spokane County Air Pollution Control Authority, (509) 477-4727 ext. 107.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule. Chapter 19.85 RCW does not apply to local air pollution control authority rule development/amendments.
A cost-benefit analysis is not required under RCW 34.05.328. This is a local air pollution control authority rule. RCW 34.05.328 does not apply to local air pollution control authority rule development/amendments.
March 16, 2007
William O. Dameworth
Director
ARTICLE I
| POLICY, SHORT TITLE, AND DEFINITIONS... |
AMENDATORY SECTION (Amending Order Res. 04-01, Filed 03/04/2004)
SECTION 1.01 POLICY
The Authority ((Spokane County Air Pollution Control
Authority)), co-extensive with the boundaries of Spokane
County, having been activated pursuant to ((by)) the
Washington Clean Air Act, Chapter 70.94 RCW as amended shall
be known and cited as the "Spokane Regional Clean Air Agency,"
and hereinafter may be cited as the "SRCAA", the "Agency", or
the "Authority". ((,)) The Authority adopts the following
Regulation to control the emissions of air contaminants from
all stationary sources within the jurisdiction of the
Authority; to provide for the uniform administration and
enforcement of the Authority's Regulation; and to carry out
the requirements and purposes of the Washington Clean Air Act
(WCAA).
It is hereby declared to be the public policy of the
((Spokane County Air Pollution Control Authority)) Spokane
Regional Clean Air Agency to secure and maintain such levels
of air quality that protect human health and safety, including
the health and safety of the most sensitive members of the
population, to comply with the requirements of the Federal
Clean Air Act (FCAA), to prevent injury to plant and animal
life and to property, to foster the comfort and convenience of
its inhabitants, to promote the economic and social
development of the County and to facilitate the enjoyment of
the natural attractions of the County....
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.
AMENDATORY SECTION (Amending Order Res. 04-01, Filed 03/04/2004)
SECTION 1.02 NAME OF AUTHORITY
The name of the County Air Pollution Control Authority,
co-extensive with the boundaries of Spokane County, shall be
known as the "((SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY)) SPOKANE
REGIONAL CLEAN AIR AGENCY" (((SCAPCA)))(SRCAA).
Any reference to the Spokane County Air Pollution Control Authority, SCAPCA, or the Authority in any document previously issued by the Authority, including without limitation regulations, orders, permits, judgments, letters and the like shall be deemed reference to the Spokane Regional Clean Air Agency or SRCAA.
AMENDATORY SECTION (Amending Order Initial Adoption, Filed 6/9/1969)
SECTION 1.03 SHORT TITLE
This regulation shall be known and cited as "Regulation I
of the ((Spokane County Air Pollution Control Authority))
Spokane Regional Clean Air Agency."
AMENDATORY SECTION (Amending Order Res. 04-01, Filed 03/04/2004)
SECTION 1.04 GENERAL DEFINITIONS...
Unless otherwise defined differently in an Article of
this Regulation, the following definitions apply to all of
this Regulation:...
Agency means the same as "Authority"....
((L.)) Authority means ((Spokane County Air Pollution
Control Authority (SCAPCA))) Spokane Regional Clean Air Agency
(SRCAA), or with regard to new source review, any other
designated permitting agency....
((P.)) Board means Board of Directors of the ((Spokane
County Air Pollution Control Authority)) Spokane Regional
Clean Air Agency....
((Z.)) Control Officer means the Air Pollution Control
Officer for the ((Spokane County Air Pollution Control
Authority)) Spokane Regional Clean Air Agency or his/her duly
authorized representative....
ARTICLE II
| GENERAL PROVISIONS... |
AMENDATORY SECTION (Amending Order Res. 06-08, Filed 07/13/2006)
SECTION 2.13 FEDERAL REGULATION REFERENCE DATE
A. Whenever federal laws or regulations are referenced in
this Regulation, the effective date shall be the most recent
date of either July 1, 2006, unless otherwise noted or the
applicable adoption date listed in:
1. WAC 173-400-115 for standards presented in 40 CFR Part 60 and Appendices, which is hereby adopted by reference,
2. WAC 173-400-075(1) for standards presented in 40 CFR Part 61 and Appendices, which is hereby adopted by reference, or
3. WAC 173-400-075 (6)(a) for standards presented in 40 CFR Part 63 and Appendices, which is hereby adopted by reference.
AMENDATORY SECTION (Amending Order Res. 06-10, Filed 08/03/2006)
SECTION 2.14 WASHINGTON ADMINISTRATIVE CODES (WACS)
A. The Authority implements and enforces the following
Washington State WACs:
1. Chapter 173-400 WAC - General regulations for air pollution sources
a. Except for the following sections;
(1) Source Registration....
(a) WAC 173-400-100 - ((Registerable s)) Source
classifications
(b) WAC 173-400-102 - Scope of registration and reporting requirements
(i) ((SCAPCA)) SRCAA Regulation I, Article IV, replaces
the registration requirements in WACs 173-400-100 & 102 for
all air pollution sources in Spokane County.
(2) Stationary, portable and temporary source permitting
(a) WAC 173-400-035 - Portable and temporary sources,
(i) ((SCAPCA)) SRCAA Regulation I, Article V, Sections
5.02.A.9, 5.02.I, and 5.08 replace the permitting requirements
in WAC 173-400-035 for all portable and temporary sources in
Spokane County.
(b) WAC 173-400-110 - New source review,
(i) ((SCAPCA)) SRCAA Regulation I, Article V replaces the
permitting requirements in WAC 173-400-110 for all new
stationary sources installed or operated in Spokane County.
(3) Fees ((SCAPCA)) SRCAA has its own fee structure).
(a) WAC 173-400-045 - Control technology fees,
(i) ((SCAPCA)) SRCAA Regulation I, Article X, Sections
10.08.C replaces the review fees in WAC 173-400-045 for
performing a Reasonably Available Control Technology (RACT)
determination pursuant to Chapter 173-400-040 WAC and/or RCW 70.94.((161))154 in Spokane County.
(b) WAC 173-400-104 - Registration fees,
(i) ((SCAPCA)) SRCAA Regulation I, Article X, Sections
10.06 replaces registration fees assessed in WAC 173-400-104
for each air pollution source registered with ((SCAPCA))
SRCAA.
(c) WAC 173-400-116 - New source review fees,
(i) ((SCAPCA)) SRCAA Regulation I, Article X, Sections
10.07 replaces the fees assessed in WAC 173-400-116 to each
facility that installs or operates a new air pollution source
in Spokane County.
(4) Prevention of significant deterioration (PSD) program....
(c) WAC 173-400-750 Revisions to PSD permits.
(i) Ecology administers the Prevention of significant
deterioration program (PSD); however, ((SCAPCA)) SRCAA
enforces it in Spokane County....
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.
ARTICLE V
| NEW, MODIFIED, AND TEMPORARY STATIONARY SOURCES AND REPLACEMENT OR ALTERATION OF EMISSIONS CONTROL EQUIPMENT... |
AMENDATORY SECTION (Amending Order Res. 04-01, Filed 03/04/2004)
SECTION 5.04 INFORMATION REQUIRED
A. Each Notice of Construction and Application for
Approval or Notice of Intent to Install and Operate a
Temporary Stationary Source shall be accompanied by
appropriate documentation that provides a detailed description
of the stationary source. Such information shall include, but
is not limited to:...
8. a. The owner or operator shall provide documentation that the requirements of Article XI of this Regulation (Spokane Environmental Ordinance) have been met.
b. If ((SCAPCA)) the Authority is the lead agency for
review of an Environmental Checklist (SEPA) or Environmental
Impact Statement (EIS) related to the Notice of Construction
or Notice of Intent to Install and Operate a Temporary
Stationary Source application being submitted, then the person
filing the SEPA shall pay a SEPA review fee according to
Article X, Section 10.07.E. of this Regulation. This fee
shall be paid without regard to whether a Determination of
Nonsignificance, Mitigated Determination of Nonsignificance or
Determination of Significance is issued.
ARTICLE VI
| EMISSIONS PROHIBITED |
AMENDATORY SECTION (Amending Order Res. 04-01, Filed 03/04/2004)
SECTION 6.01 OUTDOOR BURNING...
C. Definitions. Unless a different meaning is clearly
required by context, words and phrases used in this Section
shall have the following meaning:...
2. Authority means the ((Spokane County Air Pollution
Control Authority)) Spokane Regional Clean Air Agency....
16. Permitting Authority means the ((Spokane County Air
Pollution Control Authority)) Spokane Regional Clean Air
Agency (Authority), or one or more of the following entities,
whenever the Authority and an entity have signed an agreement
regarding a permitting program or the Authority has delegated
administration of the permitting program, pursuant to RCW 70.94.654, to one or more of the referenced entities, provided
such delegation of authority has not been withdrawn: Spokane
County, any fire protection agency within Spokane County,
Department of Natural Resources, or the Spokane County
Conservation District....
E. General Conditions. Considering population density and local conditions affecting air quality, the Authority or permitting authority shall establish conditions for all permits to minimize air pollution as much as practical. Such conditions may be general (applying to all permits) or specific (applying to individual permits). Conditions may address permissible hours of burning, maximum size or volume of material to be burned, requirements for good combustion practice, burning under specified weather conditions, pre-burn and post-burn reporting, and other criteria, determined by the permitting authority, as necessary to minimize air pollution. Unless exempt per Section 6.01.G, any person who practices or permits the practice of outdoor burning shall, in addition to any specific permit conditions established imposed, comply with the following general conditions:...
15. Structural fire training, provided for in Sections 6.01.G.1.g and 6.01.G.2.e, may be performed by a fire protection agency provided the following requirements are met:
a. The owner and fire protection agency must have met the
requirements in ((SCAPCA)) SRCAA Regulation I, Article IX and
Section 10.09 prior to training;...
H. Permit Requirements. Written permits, as required in Section 6.01.G.2, are subject to the following requirements:...
5. All applicants for outdoor burning permits shall pay a
fee at the time of application, according to a schedule of
fees, established by resolution or other official action of
the permitting authority. When the permitting authority is
the ((Spokane County Air Pollution Control Authority)) Spokane
Regional Clean Air Agency, the fee shall be according to the
schedule in Regulation I, Article X, Section 10.13....
AMENDATORY SECTION (Amending Order Res. 04-01, Filed 03/04/2004)
SECTION 6.11 AGRICULTURAL BURNING
In addition to this Section of the Regulation, the
Authority, implements and enforces Chapter 173-430 WAC. The
more stringent requirement in Chapter 173-430 or Section 6.11
supersedes the lesser....
C. Statement of Authority. The ((Spokane County Air
Pollution Control Authority)) Spokane Regional Clean Air
Agency is empowered, pursuant to Chapter 70.94 RCW, to
administer the agricultural burning program in Spokane County.
Included is the authority to:...
D. Definitions. Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:...
2. Authority means the ((Spokane County Air Pollution
Control Authority)) Spokane Regional Clean Air Agency.
7. Permitting Authority means the ((Spokane County Air
Pollution Control Authority)) Spokane Regional Clean Air
Agency (Authority)...
H. Administrative requirements....
4. All applicants for agricultural burning permits shall
pay a fee at the time of application, according to a schedule
of fees, established by resolution of the permitting
authority. When the permitting authority is the ((Spokane
County Air Pollution Control Authority)) Spokane Regional
Clean Air Agency, the fee shall be according to the schedule
in Regulation I, Article X....
AMENDATORY SECTION (Amending Order Res. 04-21, Filed 10/07/2004)
SECTION 6.14 STANDARDS FOR CONTROL OF PARTICULATE MATTER ON PAVED SURFACES...
B. Definitions....
3. The Authority is the ((Spokane County Air Pollution
Control Authority)) Spokane Regional Clean Air Agency....
AMENDATORY SECTION (Amending Order Res. 99-01, Filed 01/07/1999)
SECTION 6.15 STANDARDS FOR CONTROL OF PARTICULATE MATTER ON
UNPAVED ROADS...
B. Definitions.
1. Authority means the ((Spokane County Air Pollution
Control Authority)) Spokane Regional Clean Air Agency....