WSR 16-15-085
[Filed July 19, 2016, 3:15 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) regulations: Rule 1.11 Federal Regulation Reference Date; Rule 6.1 Notice of Construction Required; Rule 6.1.1 Notice of Intent to Operate; Rule 8.14 Adoption of Federal New Source Performance Standards (NSPS); Rule 8.15 Adoption of National Emissions Standards for Hazardous Air Pollutants (NESHAP); Rule 8.16 Wood Fired Boilers; Rule 8.17 Adoption of National Emissions Standards for Hazardous Air Pollutants for Source Categories; and, Rule 8.18 Adoption of Federal Consolidated Requirements for the Synthetic Organic Chemical Manufacturing Industry.
Hearing Location(s): ORCAA, 2940 Limited Lane N.W., Olympia, WA 98502, on September 14, 2016, at 10:00 a.m.
Date of Intended Adoption: September 14, 2016.
Submit Written Comments to: Mark Goodin, 2940 Limited Lane N.W., Olympia, WA 98502, e-mail, fax (360) 491-6308, by September 9, 2016.
Assistance for Persons with Disabilities: Contact Dan Nelson by September 2, 2016, (360) 539-7610.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA is proposing to adopt by reference the majority of federal air regulations from 40 C.F.R. Parts 60, 61 and 63, and Section 2.18 of 40 C.F.R. Part 65. This will provide ORCAA authority to enforce these federal air regulations through its own local regulations. Currently, ORCAA's authority to enforce these regulations is provided through WAC 173-400-115 and 173-400-075 respectively for the new source performance standards under 40 C.F.R. Part 60 and NESHAP under 40 C.F.R. Parts 61, 63 and 65. The regulations excluded from the list of proposed regulations to be adopted are those enforced exclusively by other agencies like the Washington departments of ecology and health, emissions guidelines for states or regulations that have no potential impacts on air quality in ORCAA's jurisdiction.
Reasons Supporting Proposal: Adopting by reference the federal air regulations from 40 C.F.R. Parts 60, 61 and 63 into ORCAA's local regulations will provide ORCAA more control over the federal air regulations it enforces. It will allow ORCAA to adopt and enforce its own unique list of federal air regulations instead of relying on the list of regulations adopted by ecology. It will also allow ORCAA to be in control of updating the effective date of the federal regulation adoptions, which is necessary to maintain current versions of the federal regulations adopted. In addition, adoption by reference is a prerequisite before primary enforcement authority over a federal air regulation can be delegated to a state or local agency by the Environmental Protection Agency (EPA). ORCAA intends to be the primary enforcement authority over the federal air regulations adopted by reference and will seek delegation of these regulations from EPA. As the primary enforcement authority ORCAA would be in charge of key enforcement decisions and compliance reports would be required to be sent directly to ORCAA instead of both EPA and ORCAA.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: ORCAA, governmental.
Name of Agency Personnel Responsible for Drafting: Mark Goodin, 2940 Limited Lane N.W., Olympia, (360) 539-7610; Implementation and Enforcement: Francea L. McNair, 2940 Limited Lane N.W., Olympia, (360) 539-7610.
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.
July 19, 2016
Francea L. McNair
Executive Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 16-16 issue of the Register.