Subject of Possible Rule Making: Controls for new sources of toxic air pollutants, chapter 173-460 WAC, Concomitant adjustments to WAC 173-400-110.

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

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ASILs (ambient source impact levels) are a component of a human-health-based risk screening tool to determine the required level of review. They have not been updated for over ten years. This rule making is to update the TAP list and recalculate ASILs to reflect current scientific information. RCW 70.94.152 provides that no person is required to submit a NOC for a new source that ecology deemed to have a de minimis impact on air quality, and that de minimis means "trivial levels of emissions that do not pose a threat to human health or the environment." In 1998, amendments to the WAC 173-400-110 included de minimis, thus paving the way for TAPs de minimis. Regulatory discontinuity in the applicability of WAC 173-400-110 and chapter 173-460 WAC causes some confusion, inconsistency, and delay in processing permits. Applicability should be harmonized between the two chapters. Consolidate TAP tables into a single table with more columns to provide for each substance an ASIL, SQER (small quantity emission rate), de minimis value, etc. The rule writer is to evaluate the gBACT section of the rule to drop out-of-date control technology requirements.

     Process for Developing New Rule: Ecology plans on using new procedures as encouraged by RCW 35.05.310. Three spheres of effort are planned for obtaining input into the content of the rule: Scientific, regulatory "core," and stakeholders. The text of the rule should not be proposed in the CR-102 until interested parties have had opportunity to offer recommendations, opinion, information, and other valuable contributions.

     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 98516, (360) 407-6875, stcr461@ecy.wa.gov; or Tom Todd, P.O. Box 47600, Olympia, WA 98516, (360) 407-6875, ttod461@ecy.wa.gov.

January 17, 2006

Stu Clark

Program Manager