WSR 20-05-093
[Filed February 19, 2020, 11:03 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 March 26, 2020, at 8:45 a.m., at the Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101.
Date of Intended Adoption: April 23, 2020.
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 March 25, 2020.
Assistance for Persons with Disabilities: Contact agency receptionist, phone 206-689-4010, fax 206-343-7522, email, by March 19, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed revisions would incorporate the Washington department of ecology's (ecology) recently adopted updates to chapter 173-460 WAC into the Puget Sound Clean Air Agency (agency) regulations. Chapter 173-460 WAC addresses requirements for new sources of toxic air pollutants (TAPs). Agency staff participated in the stakeholder process for the revisions to chapter 173-460 WAC and recommend adopting the updated changes into our incorporation by reference section of the agency's new source review program, with the same exclusions previously adopted for chapter 173-460 WAC references.
Reasons Supporting Proposal: The benefit of updating these incorporated regulation references is to maintain consistency with the ecology regulations with respect to the TAPs subject to review through the notice of construction (NOC) program and to benefit from their updated review of the acceptable impact levels considered in those reviews.
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, Implementation, and Enforcement: Steve Van Slyke, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, 206-689-4052.
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 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.
Is exempt under RCW 19.85.011.
Explanation of exemptions: Chapter 19.85 RCW does not appear to apply to local air agencies.
February 19, 2020
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)
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)
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)
WAC 173-400-720 Prevention of significant deterioration (PSD). (effective 7/01/16)
WAC 173-400-730 Prevention of significant deterioration application processing procedures. (effective 7/01/16)
WAC 173-400-740 PSD permitting public involvement requirements. (effective 7/01/16)
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)
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)
WAC 173-400-840 Emission offset requirements. (effective 7/01/16)
WAC 173-400-850 Actual emissions plantwide applicability limitation (PAL). (effective 7/01/16)
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 12/23/19 ((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 12/23/19 ((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 12/23/19 ((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.