WSR 13-05-079




[ Filed February 19, 2013, 5:08 p.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

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

     Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on March 28, 2013, at 8:45 a.m.

     Date of Intended Adoption: March 28, 2013.

     Submit Written Comments to: Rob Switalski, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail, fax (206) 343-7522, by March 27, 2013.

     Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by March 21, 2013, TTY (800) 833-6388 or (800) 833-6385 (Braille).

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments will update the agency's references to be consistent with the latest version of ecology's rules. There are no new provisions of those ecology regulations being included in this proposal. These proposed amendments are only intended to update the referenced effective dates of previous ecology rule provisions adopted. We have amended these regulations several times before, the most recent being in September 2011 in response to updated ecology regulations which became effective on April 1, 2011.

     Reasons Supporting Proposal: The benefit of this proposal is to keep our regulations up-to-date and consistent with others in the state. As the agency has chosen to follow a hybrid model for the notice of construction program to include portions of ecology regulations incorporated by reference, it is important to keep those references current. There are no anticipated cost increases associated with this proposal.

     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.

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

     Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4052; Implementation and Enforcement: Laurie Halvorson, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4030.

     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, and the agency is not a school district.

     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 19, 2013

Craig Kenworthy

Executive Director



     (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 12/29/12 ((4/01/11)))
WAC 173-400-081 Startup and shutdown. (effective 4/01/11)
WAC 173-400-110 New source review (NSR) for sources and portable sources. (effective 12/29/12 ((4/01/11))) (1)(c)(i), (1)(d) and (1)(e)
WAC 173-400-111 Processing notice of construction applications for sources, stationary sources and portable sources. (effective 12/29/12 ((4/01/11)))
WAC 173-400-112 Requirements for new sources in nonattainment areas. (effective 12/29/12 ((4/01/11)))
WAC 173-400-113 Requirements for new sources in attainment or unclassifiable areas. (effective 12/29/12 ((4/01/11)))
WAC 173-400-114 Requirements for replacement or substantial alteration of emission control technology at an existing stationary source. (effective 12/29/12 ((9/15/01)))
WAC 173-400-117 Special protection requirements for federal Class I areas. (effective 12/29/12 ((2/10/05)))
WAC 173-400-171 Public notice. (effective 12/29/12 ((04/01/11)))
WAC 173-400-200 Creditable stack height and dispersion techniques. (effective 2/10/05)
WAC 173-400-560 General order of approval. (effective 12/29/12 ((4/01/11)))
WAC 173-400-700 Review of major stationary sources of air pollution. (effective 4/01/11)
WAC 173-400-710 Definitions. (effective 12/29/12 ((6/08/07)))
WAC 173-400-720 Prevention of significant deterioration (PSD). (effective 12/29/12 ((09/10/11)))
WAC 173-400-730 Prevention of significant deterioration application processing procedures. (effective 12/29/12 ((4/01/11)))
WAC 173-400-740 PSD permitting public involvement requirements. (effective 12/29/12 ((2/10/05)))
WAC 173-400-750 Revisions to PSD permits. (effective 12/29/12 ((4/01/11)))
WAC 173-400-800 Major stationary source and major modification in a nonattainment area. (effective 4/01/11)
WAC 173-400-810 Major stationary source and major modification definitions. (effective 12/29/12 ((4/01/11)))
WAC 173-400-820 Determining if a new stationary source or modification to a stationary source is subject to these requirements. (effective 12/29/12 ((4/01/11)))
WAC 173-400-830 Permitting requirements. (effective 12/29/12 ((4/01/11)))
WAC 173-400-840 Emission offset requirements. (effective 12/29/12 ((4/01/11)))
WAC 173-400-850 Actual emissions plantwide applicability limitation (PAL). (effective 12/29/12 ((4/01/11)))
WAC 173-400-860 Public involvement procedures. (effective 4/01/11)
WAC 173-460-020 Definitions. (effective 6/20/09)
WAC 173-460-030 Applicability. (effective 6/20/09)
WAC 173-460-040 (2)-(3) New source review. (effective 6/20/09)
WAC 173-460-050 Requirement to quantify emissions. (effective 6/20/09)
WAC 173-460-060(1) Control technology requirements. (effective 6/20/09)
WAC 173-460-070 Ambient impact requirement. (effective 6/20/09)
WAC 173-460-071 Voluntary limits on emissions. (effective 6/20/09)
WAC 173-460-080 (2)-(4) First tier review. (effective 6/20/09)
WAC 173-460-090 Second tier review. (effective 6/20/09)
WAC 173-460-100 Third tier review. (effective 6/20/09)
WAC 173-460-150 Table of ASIL, SQER and de minimis emission values. -excluding references to de minimis emission values (effective 6/20/09)

     (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 463-78 WAC.