Subject of Possible Rule Making: Consolidation, clarification, and repeal of new source review for criteria and toxic air pollutants currently in chapters 173-400 and 173-460 WAC, into new WAC 173-465. Incidental changes to chapters 173-400, 173-401, 173-405, 173-410, 173-415, 173-434, 173-490, and 173-491 WAC. Adoption of de minimis exemptions levels for toxic air pollutants. Adoption of new control technology requirements. Modification of small quantity emission rates. Routine update of ASILs.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.331 (2)(c) and 70.94.152.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 173-400-110(5) provides that de minimis exemption levels for toxic air pollutants are specified in WAC 173-460, but they are not. This amendment would establish these de minimis levels in WAC 173-460. Developments in control technology should be reflected in the regulations. Clarifications will make the rule easier to follow and administer.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The 1990 amendments to the federal Clean Air Act established numerous requirements for a nationwide strategy for reducing toxic air pollution; many of the requirements are to be implemented by state and local authorities upon receiving approval from the EPA.

Process for Developing New Rule: Following APA procedures.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Steve Cross, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6875, stcr461@ecy.wa.gov, http://www.wa.gov/ecology/leg/nsr_intro.html.

August 9, 1999

Mary Burg

Program Manager