WSR 18-10-107
[Filed May 2, 2018, 10:38 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Amend Regulation I, Section 6.01 (Components of New Source Review Program).
Hearing Location(s): On June 7, 2018, at 8:45 a.m., at the Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101.
Date of Intended Adoption: June 7, 2018.
Submit Written Comments to: Robert Switalski, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, email, fax 206-343-7522, by June 6, 2018.
Assistance for Persons with Disabilities: Contact agency receptionist, phone 206-689-4010, fax 206-343-7522, TTY 800-833-6388 or 800-833-6385 (Braille), email, by May 31, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This section currently adopts by reference various applicable sections of chapters 173-400 and 173-460 WAC related to new source review. Several referenced sections of these codes were updated with WSR 16-12-099, effective July 1, 2016. The changes to WAC implemented new effective dates of the federal regulations referenced in those sections and a minor change consolidating how those dates are referenced in WAC itself. The proposed amendments to Section 6.01 would update those sections of WAC adopted by reference. There are no benefits or costs associated with the proposed amendments.
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: Puget Sound Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting: Carole Cenci, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, 206-689-4061; Implementation and Enforcement: Jennifer Dold, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, 206-689-4015.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Is exempt under RCW 19.85.011.
Explanation of exemptions: Chapter 19.85 RCW does not appear to apply to local air agencies.
May 2, 2018
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)
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) (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 7/01/16((12/29/12)))
WAC 173-400-112
Requirements for new sources in nonattainment areas. (effective 12/29/12)
WAC 173-400-113
Requirements for new sources in attainment or unclassifiable areas. (effective 12/29/12)
WAC 173-400-114
Requirements for replacement or substantial alteration of emission control technology at an existing stationary source. (effective 12/29/12)
WAC 173-400-117
Special protection requirements for federal Class I areas. (effective 12/29/12)
WAC 173-400-171
Public notice. (effective 7/01/16 ((12/29/12)))
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)
WAC 173-400-700
Review of major stationary sources of air pollution. (effective 4/01/11)
WAC 173-400-710
Definitions. (effective 7/01/16 ((12/29/12)))
WAC 173-400-720
Prevention of significant deterioration (PSD). (effective 7/01/16 ((12/29/12)))
WAC 173-400-730
Prevention of significant deterioration application processing procedures. (effective 7/01/16 ((12/29/12)))
WAC 173-400-740
PSD permitting public involvement requirements. (effective 7/01/16 ((12/29/12)))
WAC 173-400-750
Revisions to PSD permits. (effective 12/29/12)
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 7/01/16 ((12/29/12)))
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)
WAC 173-400-830
Permitting requirements. (effective 7/01/16 ((12/29/12)))
WAC 173-400-840
Emission offset requirements. (effective 7/01/16 ((12/29/12)))
WAC 173-400-850
Actual emissions plantwide applicability limitation (PAL). (effective 7/01/16 ((12/29/12)))
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
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
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.