WSR 19-11-066
[Filed May 15, 2019, 2:44 p.m.]
Original Notice.
Proposal is exempt under RCW 70.94.141.
Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency Regulations: Rules 6.1 Notice of Construction Required, 6.1.10 Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source, and 8.12 Gasoline Stations - Applicability.
Hearing Location(s): On July 10, 2019, at 10:00 a.m., at the Olympic Region Clean Air Agency (ORCAA), 2940 Limited Lane N.W., Olympia, WA 98502.
Date of Intended Adoption: July 10, 2019.
Submit Written Comments to: Lauren Whybrew, 2940 Limited Lane N.W., Olympia, WA 98502, email, fax 360-491-6308, by July 8, 2019.
Assistance for Persons with Disabilities: Contact Dan Nelson, phone 360-539-7610 extension 111, fax 360-491-6308, email, by July 1, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to create a streamlined permitting process for qualifying gasoline dispensing facilities by implementing a notification system in lieu of a notice of construction (NOC). Rule 8.12 was revised to include relevant requirements for proper operation, maintenance, testing, and recordkeeping for gasoline dispensing facilities. Additional changes include, but are not limited to, an exemption from new source review (NSR) for gasoline dispensing facilities with a cumulative gasoline storage capacity of less than ten thousand gallons. Rule 6.1.10 was edited to align with ORCAA Rule 6.1 to further clarify NSR requirements for existing stationary sources proposing to replace or substantially alter control technology. Other revisions include grammatical edits to clarify the language.
Reasons Supporting Proposal: The proposal will lessen industry and staff resources spent on gas station NOC reviews and will clearly outline the requirements for gas station owners, operators, and relevant third-party vendors. The proposed language will also help align ORCAA regulations with applicable state and federal regulations for gas stations.
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: Lauren Whybrew, 2940 Limited Lane N.W., Olympia, 360-539-7610; Implementation and Enforcement: Francea L. McNair, 2940 Limited Lane N.W., Olympia, 360-539-7610.
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 70.94.141.
Explanation of exemptions: Chapter 19.85 RCW applies to "rules adopted by state agencies." RCW 70.94.141(1) states: "An air pollution control authority shall not be deemed to be a state agency." The Olympic Region Clean Air Agency is an air pollution control authority.
May 15, 2019
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 19-12 issue of the Register.