WSR 10-15-077



[ Order 09-01 -- Filed July 19, 2010, 8:10 a.m. ]

Subject of Possible Rule Making: Chapter 173-400 WAC, General regulations for air pollution sources; specifically WAC 173-400-030, 173-400-035, 173-400-040, 173-400-050, 173-400-070, 173-400-075, 173-400-081, 173-400-091, 173-400-099, 173-400-101, 173-400-102, 173-400-104, 173-400-105, 173-400-107, 173-400-110, 173-400-112, 173-400-113, 173-400-115, 173-400-116, 173-400-117, 173-400-120, 173-400-131, 173-400-136, 173-400-161, 173-400-171, 173-400-560, 173-400-700 through 173-400-750; and creating new WAC 173-400-036, 173-400-108, 173-400-109 and 173-400-111, several new sections between WAC 173-400-800 and 173-400-890 for nonattainment new source review, and WAC 173-400-900 for emergency generators.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Washington Clean Air Act, RCW 70.94.151, 70.94.152, 70.94.155, 70.94.510.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The new sections proposed in this CR-101 will establish regulatory criteria for a variety of situations and sources: Excess emissions, nonroad engines, emergency generators, and nonattainment new source review. The intent of this addition is to improve the rule structure and make it easier to implement. We are opening WAC 173-400-101 to make a minor housekeeping correction.

This rule making has three focal points: Development of nonattainment area new source review (NSR) rules, correcting state implementation plan deficiencies, and general housekeeping.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: We will maintain an active dialog with the United States Environmental Protection Agency and local clean air agencies to ensure that the proposals are consistent with federal requirements.

Process for Developing New Rule: The proposed rule will be drafted internally by staff. The public will have the opportunity to comment on the proposed rule. At least one public hearing will be held. The proposed amendments will be posted on the agency web site,, and provided to interested parties.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Linda Whitcher, Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6875,

July 14, 2010

Stu Clark

Program Manager

Washington State Code Reviser's Office