WSR 17-21-073

PROPOSED RULES

[Filed October 16, 2017, 1:18 p.m.]

Proposal is exempt under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Amendments to Spokane Regional Clean Air Agency (SRCAA) Regulation I: Article IV Registration, amending Exhibit R, 9.e.12, 63., and 64.; Article V New, Modified, and Temporary Stationary Sources and Replacement or Alteration of Emission Control Equipment, amending Section 5.02.P.2.; Article VI Emissions Prohibited, adding Section 6.18; and Article X Fees and Charges, adding Section 10.15.

Hearing Location(s): On December 7, 2017, at 9:30 a.m., at SRCAA, 3104 East Augusta Avenue, Spokane, WA 99207.

Date of Intended Adoption: December 7, 2017.

Submit Written Comments to: Margee Chambers, 3104 East Augusta Avenue, Spokane, WA 99207, email publiccomment@spokanecleanair.org, fax 509-477-6828, by December 7, 2017, close of hearing. Note, please submit comments by December 1, 2017, for comments to be including [included] in the prehearing presentation.

Assistance for Persons with Disabilities: Contact Mary Kataoka, phone 509-477-4727 ext. #100, fax 509-477-6828, email mkataoka@spokanecleanair.org, by December 5, 2017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed amendments to SRCAA Regulation I, is to develop a regulatory program for marijuana producers and processors to minimize air contaminants. Amendments to Article IV, Exhibit R 63. and 64. includes marijuana production and processing in SRCAA's registration program, and 9.e.12 to include marijuana processing equipment if it triggers air permitting requirements. Amendments to Article V, Section 5.02.P.2., exempts marijuana producers and processors from air permitting requirements, unless the operations have equipment that triggers permitting requirements. New Section 6.18 in Article VI includes standards to minimize air contaminants from marijuana producers and processors. New Section 10.15 in Article X develops the registration fee structure for marijuana producers and processors. The anticipated effects include reductions in air contaminant emissions, to ensure that marijuana production and processing operations are in compliance with air quality regulations, to maintain an accurate inventory of air contaminants released into Spokane County's air, and to begin receiving revenue to support program costs.

Reasons Supporting Proposal: The production and processing of marijuana releases volatile organic compounds (VOC) which cause odors. Under Washington state law, VOCs and odors constitute both air contaminants and air pollution (RCW 70.94.030 (1) and (2)) and are subject to regulation. To protect air quality, a person cannot cause or allow the emissions of any air contaminant in sufficient quantities and of such characteristics and duration as are, or are likely to be: (a) Injurious to the health or safety of human, animal, or plant life; (b) injurious or damaging to property; or (c) which unreasonably interferes with enjoyment of life and property (SRCAA Article VI, Section 6.04(C) and RCW 70.94.030(2)).

The intent of the proposed amendments to SRCAA Regulation I, is to protect air quality in Spokane County by requiring a source category, marijuana production and processing operations, to meet standards that minimize the release of air contaminants by the industry. SRCAA will verify that operations are in compliance with air quality regulations, maintain an accurate inventory of air contaminants released into Spokane County's air, and begin receiving revenue to support program costs.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: Chapter 70.94 RCW.

Name of Proponent: SRCAA, governmental.

Name of Agency Personnel Responsible for Drafting: Margee Chambers, SRCAA, 509-477-4727; Implementation: Executive Director, SRCAA, 509-477-4727; and Enforcement: Compliance Section Manager, Supervisory Engineer, and Executive Director, SRCAA, 509-477-4727.

A cost-benefit analysis is not required under RCW 34.05.328. SRCAA is a local air pollution control agency. Per RCW 90.74.141, a cost-benefit analysis under RCW 34.05.328 does not apply to local air pollution control agencies.

Is exempt under RCW 70.94.141.

Explanation of exemptions: SRCAA is a local air pollution control agency. Per RCW 70.94.141, a small business economic impact statement does not apply to local air pollution control agencies.

October 16, 2017

Margee Chambers

Rule Writer/SIP Planner