WSR 19-02-040
[Filed December 26, 2018, 9:24 a.m.]
Original Notice.
Proposal is exempt under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency.
Hearing Location(s): On February 28, 2019, at 10:00 a.m., at the Northwest Clean Air Agency (NWCAA) Office, 1600 South 2nd Street, Mount Vernon, WA.
Date of Intended Adoption: March 14, 2019.
Submit Written Comments to: Mark Buford, 1600 South 2nd Street, Mount Vernon, WA 98273, email [], fax 360-428-1620, by February 28, 2019.
Assistance for Persons with Disabilities: Contact Laurie Caskey-Schreiber, phone 360-428-1617, fax 360-428-1620, email [], by February 21, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:
Clarify and update the construction permitting (new source review) program regulations to reduce regulatory burden and focus on permitting projects where our permits provide significant air quality benefit (NWCAA Sections 300-305).
Modify the registration program to improve transparency and equity (NWCAA Sections 320-321).
Remove the ambient air quality standards from the regulation in favor of the state rule that already applies statewide (NWCAA Sections 400-428).
Clarify and update the sulfur dioxide requirements (monitoring, etc.) at certain sources to include only those requirements that add air quality benefit in the current conditions (NWCAA Section 460).
Modify a few definitions to clarify applicability and to match the state rule (NWCAA Section 200).
Update the adoption-by-reference date to allow us to implement the most recent version of the referenced state and federal rules (NWCAA Section 104).
New/Amended Regulation Section Derivations: Amending NWCAA 200: Added definition of Lowest Achievable Emission Rate (LAER), NWCAA 300.1: Included former NWCAA 300.2 and 300.6, NWCAA 300.2: New language expanding on former NWCAA 300.2d, NWCAA 300.3: Renumbered from former NWCAA 300.4 with clarifications, NWCAA 300.4: Renumbered from former NWCAA 300.5 with clarifications, NWCAA 300.5 and NWCAA 300.6: Not used, NWCAA 300.7, 300.8, 300.9, 300.10, 300.11, and 300.12: Clarified language, NWCAA 300.13: Based on former NWCAA 300.15, NWCAA 301: Not used, NWCAA 303: Clarified language, NWCAA 305: Updated language based on WAC 173-400-171, NWCAA 305.4: Not used, NWCAA 305.7: Renumbered from former NWCAA 305.8, NWCAA 320 and 321: Updated and clarified language, NWCAA 400: Revised to reference chapter 173-476 WAC and NWCAA 460: Updated and clarified language; and new NWCAA 300.14: Based on former NWCAA 300.5b, NWCAA 300.16: Based on WAC 173-400-560, NWCAA 300.17: Based on former NWCAA 301, NWCAA 300.25: Renumbered from former NWCAA 300.13 with clarifications, and NWCAA 304: Based on WAC 173-400-930.
Distributions for Section Being Replaced: Former NWCAA 300.2: See NWCAA 300.1, NWCAA 300.3: See NWCAA 300.1(B), NWCAA 300.4: See, NWCAA 300.3, NWCAA 300.5: See, NWCAA 300.4, NWCAA 300.5b): See, NWCAA 300.14, NWCAA 300.6: See, NWCAA 300.1(D), NWCAA 300.13: See, NWCAA 300.25, NWCAA 300.15: See, NWCAA 300.13, NWCAA Section 301: See, NWCAA 300.17, NWCAA 305.4: See, NWCAA 305.3(B), NWCAA 305.7: Deleted, NWCAA 305.8: See, NWCAA 305.7, NWCAA 401, 402, 403, 410, 420, 422, 424, 426, and 428: Deleted.
Reasons Supporting Proposal: See list above.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141(1).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Northwest Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Mark Buford, 1600 South 2nd Street, Mount Vernon, WA, 360-428-1617.
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. Not applicable under 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 70.94.141.
Explanation of exemptions: Not applicable under RCW 70.94.141.
December 26, 2018
Mark Buford
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 19-03 issue of the Register.