WSR 00-23-054

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 99-06 -- Filed November 13, 2000, 4:53 p.m. ]

Subject of Possible Rule Making: This notice expands the original CR-101 (WSR 99-09-093, filed April 21, 1999) to include other revisions to chapter 173-400 WAC, General regulations for air pollution sources, to minimize air pollution. The original notice focused on major new source review for attainment and nonattainment areas, visibility protection, and best available retrofit technology. Ecology now intends to also update the adoption of federal requirements for new source performance standards and air toxics rules. Additionally, chapters 173-400 and 173-401 WAC may be amended to include the requirement for certain existing municipal solid waste landfills to obtain an air operating permit. An evaluation of major new source review includes minor new source review and public involvement because these are the mechanisms for applying requirements to major stationary sources.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.152, [70.94.]331 and [70.94.]510.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology's goal in amending chapters 173-400 and 173-401 WAC is minimizing air pollution through a more effective rule with updated requirements consistent with federal rules, increased clarity and improved usability.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The EPA, local air agencies, and EFSEC regulate sources of air emissions. Ecology will work in partnership with these agencies on this effort. After adopting the rule, ecology will assess whether or not to request delegation or approval from EPA of the federal rule or state program.

Process for Developing New Rule: The agency study box was mistakenly checked in the original CR-101. Ecology has been meeting with an advisory committee of interested stakeholders. Ecology also briefed the Visibility Improvement Efforts in Washington (VIEW) Committee.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Elena Guilfoil to determine their level of involvement at Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6855, fax (360) 407-6802, e-mail egui461@ecy.wa.gov.

November 8, 2000

Mary E. Burg

Program Manager

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