STATE OF WASHINGTON - KING COUNTY

—ss.

284491 No.

DEPT. OF ECOLOGY-AIR QUALITY

Affidavit of Publication

The undersigned, on oath states that he is an authorized representative of The Daily Journal of

Commerce, a daily newspaper, which newspaper isa legal newspaper of general circulation and it isnow

and has beenfor more than six months prior to the date of publication hereinafter referredto, published in

theEnglish language continuously as a daily newspaper in Seattle, King County, Washington, andit is now

and during all ofsaid timewas printed in an office maintained at the aforesaid place of publication ofthis

newspaper. The Daily Journal ofCommerce was on the 12lh day ofJune, 1941, approved as a legal

newspaper by the Superior Court of King County.

The notice in the exact form annexed, was published in regular issues of The Daily Journal of

Commerce, which was regularly distributed to itssubscribers duringthe below stated period. The annexed

notice, a

PNPH:TWO PUBLIC HEARINGS

was published on

05/24/12

The amount of the fee charged for the foregoing publication is the sum of $ 215.25, which amount

has been paid in full.

Affidavit of Publication

Notary publk fortke State of Washington,

residing in Seattle
Date: 08/23/2012

Adnum: 284491

Custid: D714

Daily Journal of Commerce

ADVERTISING PROOF

Customer: DEPT. OF ECOLOGY-AIR QUALITY

Ad Title: Two Consecutive Public Hearings

Lines: 106

State of

Washington

Air Quality Program

Notice of Two Consecutive

Public Hearings

•Proposed Changes to

General Regulations for Air

Pollution Sources (Chapter

173-400 WAC); and

•Proposed Submittal of Parts

of the Changed Regulations

to the Washington State

Implementation Plan

Ecology will hold two consecu

tive public hearings on June 27,

2012. The first hearing will be

on proposed changes to Ecology's

General Regulations for Air

Pollution Sources (Chapter 173-

400 WAC). The second hear

ing will be on including parts

of the changed rule in the State

Implementation Plan (SIP). The

first hearing will begin at 6:30

p.m. Immediately after it closes,

the second hearing will start.

General Regulations for

Air Pollution Sources contain

Ecology's general requirements

for new or modified industrial

sources of air pollution. They

regulate both criteria pollutants

(pollutants for which the federal

Environmental Protection Agency

(EPA) has set health-based stan

dards) and toxic air pollutants.

The SIP is a statewide plan for

meeting and continuing to meet

federal air quality standards.

Purpose of the rule chang

es

The rule changes are intend

ed to meet the requirements of

Section 110, Part C and Part D, of

the Federal Clean Air Act. They:

•Clarify that the SIP applies to

the six air contaminants for which

EPA has established federal air

quality standards, their pre-cursors, and those air contaminants

regulated under Part C Title I of

the Federal Clean Air Act.

•Help emitters comply with

the rule through better access to

references, improved readability,

and better understanding of reg

ulations and permitting require

ments.

Purpose of the SIP revi

sion

The SIP revision is needed to

keep the contents of the SIP up-todate with the most recent rules.

How to review the propos

als

Both the rule and SIP propos

als are available for public review

and comment at http://www.ecv.

wa.gov/laws-rules/wacl73400/

1110.html. You may also request

a copy from Linda Whitcher (see

the contact information below).

How to comment

You can comment by attending

one of the public hearings listed

below; or by writing or emailing

Linda Whitcher:

Linda Whitcher

(3G0) 407-6875

P.O. Box 47600

Olympia, WA 98504-7600 linda.

whitcber@ccv.wa.gov

The comment period for both

the rule changes and the SIP

revision will close 5:00 p.m. July

6, 2012.

Public hearings

First hearing: June 27, 2012

6:30 p.m.

Auditorium: ROA-32

Dept of Ecology Headquarters

300 Desmond Drive

Lacey, WA 98503

Second hearing: Immediately

following the first hearing

If you need special accommo

dations, please contact the Air

Quality Program at (360) 407-

6800 by October 25, 2010. If you

have a hearing loss, call 711 for

Washington Relay Service. If you

have a speech disability, call 877-

833-6341.

Date of publication in

the Seattle Daily Journal of

Commerce, May 24, 2012.

5/24(284491)
Public Hearing Notice

Publication Number: 13-02-009 1 July 2013

Air Quality Program July 2013

DATES AND LOCATIONS

Formal comment period: 

August 9 – September 20, 2013

Public hearing date: 

Wednesday, September 11, 2013 

6 p.m.

Location: 

Department of Ecology 

Headquarters, Auditorium

300 Desmond Drive SE

Lacey, WA 98503

Web site: 

http://www.ecy.wa.gov/programs/

air/sips/plans/400_rule.htm

Contact information

Anya Caudill

360-407-6630

Anya.caudill@ecy.wa.gov

Special accommodations

If you require special 

accommodations or need this 

document in a version for the 

visually impaired, call the Air 

Quality Program at360-407-6800. 

Persons with hearing loss, call 

711 for Washington Relay 

Service. Persons with a speech 

disability, call 877-833-6341.

SIP Revision: Revised General 

Air Quality Rule 

A State Implementation Plan (SIP) describes how the state implements, 

maintains, and enforces federal air quality standards. 

Washington State has adopted revisions to portions of its general air 

pollution regulation, Chapter 173-400 of the Washington Administrative 

Code (WAC). Ecology is proposing to submit the adopted changes to the 

federal Environmental Protection Agency (EPA) for inclusion in the SIP. 

EPA will review the state’s submittal and decide whether to approve the 

changes to the SIP.

Proposed SIP Revision

This SIP update will:

 Replace the old rule language with current language

 Include new sections

 Remove outdated requirements

 Update references to federal requirements

 Renumber sections of the rule

What are the main differences between the revised rule and the one 

currently in the SIP?

The main differences are in the New Source Review permitting programs:

 The rule currently in the SIP lists the facilities and industries 

required to apply for a minor new source review permit. If a 

facility or industry is not on the list, or if an air quality agency 

Director or control officer determines it does not need a permit, 

the facility or industry is exempt from permitting. The revised 

rule no longer lists facilities that need a permit. It now lists

emission units and activities that are exempt from permitting 

requirements. Emission units and activities not on this list 

require a permit.

 The revised rule contains several streamlining options, 

including a process for issuing a General Order of Approval 

and a revised process for permitting portable sources.

 The revised rule also includes Prevention of Significant 

Deterioration (PSD) and nonattainment area permitting 
Publication Number: 13-02-009 2 Please reuse and recycle

Air Quality Program July 2013

regulations that are intended to meet federal requirements. If EPA approves the PSD regulations, 

Washington will have its own SIP-approved state PSD program, instead of being delegated 

authority to issue PSD permits under the federal program. The nonattainment area permitting 

regulations are needed for permitting in current and potential nonattainment areas.

Local rules and other rules in the SIP

Since the SIP is a statewide plan, other agencies in Washington with air quality jurisdiction participate in 

the process. Washington's seven local air quality agencies and the Energy Facility Site Evaluation Council 

(EFSEC) are now in the process of evaluating their rules to determine what may need to be revised. As 

each agency revises its rules and determines what is required to be included in the SIP, Ecology will 

provide opportunities for public comment. 

Where can you get more information? 

The proposed SIP revision and related documents are available for review on Ecology’s web site at 

http://www.ecy.wa.gov/programs/air/sips/plans/400_rule.htm

How can you submit comments?

You can give us your official comments until 5:00 p.m. September 20, 2013 in the following ways: 

1. Testify or submit written comments at the public hearing.

2. Email your comments to: AQComments@ecy.wa.gov 

3. Mail comments to: 

Department of Ecology 

ATTN: Anya Caudill 

PO Box 47600 

Olympia, WA 98504-7600 

How will Ecology respond to comments? 

All of the comments we receive will become part of the official record and SIP submittal package. 

Ecology will compile a summary of oral and written comments received during the comment period and 

Ecology’s response to those comments. For other agencies’ regulations, each agency will respond to 

comments about its own regulation.

For more information

Anya Caudill

Department of Ecology

Air Quality Program

360-407-6630

Anya.Caudill@ecy.wa.gov
Changes proposed to statewide air plan; comments wanted | August 2013 News | Washington State Department of Ecology

http://www.ecy.wa.gov/news/2013/203.html[12/19/2013 11:27:58 AM]

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Ecology home > News > News Release

Washington State Department of Ecology - August 9, 2013

13-203

Changes proposed to statewide air plan; comments

wanted

OLYMPIA – The Washington Department of Ecology (Ecology) invites the public to comment on the state’s

proposed update to portions of the State Implementation Plan (SIP). That is a statewide plan for meeting

air quality standards.

In recent years, the state has revised parts of its general air pollution regulation, Chapter 173-400 of the

Washington Administrative Code (WAC). Ecology proposes to submit the adopted changes to the U.S.

Environmental Protection Agency (EPA) for inclusion in the plan. EPA will review the state’s submittal and

decide whether to approve the changes to the plan.

This SIP update will:

Replace the old rule language with current language.

Include new sections.

Remove outdated requirements.

Update references to federal requirements

Renumber sections of the rule.

You can review the proposed plan and related documents on Ecology’s website.

Ecology is seeking public comments on the proposed plan changes from Friday, Aug. 9, through Sept. 20,

2013. You are also invited to comment on the plan during a public hearing at 6 p.m. Sept. 11 at Ecology

headquarters, 300 Desmond Drive SE, Lacey.

Here is how you can submit written comments:

Email them to AQComments@ecy.wa.gov.

Mail them to Anya Caudill, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504-

7600.

# # #

Media Contact: Seth Preston, communications manager, 360-407-6848; 360-584-5744 cell;

seth.preston@ecy.wa.gov

For more information:

SIP changes and related documents (www.ecy.wa.gov/programs/air/sips/plans/400_rule.htm)

Air Quality Program (www.ecy.wa.gov/programs/air/airhome.html)

Ecology’s social media (www.ecy.wa.gov/about/newmedia.html)

Copyright © Washington State Department of Ecology


CONTENTS

Formal Cleanups 1

Site Hazard Assessments 11

Independent Cleanup Program 13

Voluntary Cleanup Program 15

News & Notes 18

Glossary 19

Site Information Online 21

Regional Office Addresses 21

Clark County

Pacific Wood Treating Site Facility Site ID# 9997635 CSID# 3020

111 West Division Street, Ridgefield

Public comment period: 7/25/13 – 8/23/13

SEPA public comment period: 7/25/13 – 8/8/13

Consent Decree, Other Documents Available for Public Review and Comment

Ecology and the Port of Ridgefield are entering into a consent decree. The port will, 

under this court-authorized agreement, clean up the former Pacific Wood Treating 

(PWT) site. PWT treated wood at 111 W. Division St. in Ridgefield.

Ecology is making the following documents available for review and comment:

• Remedial investigation – determines the nature and extent of the contamination.

• Feasibility study – presents and compares cleanup options.

• Cleanup action plan (CAP) – describes the recommended cleanup and how it meets 

Ecology’s standards.

• Consent decree – defines the port’s liability for the cleanup.

• State Environmental Policy Act (SEPA) review – describes the potential 

environmental impact of the cleanup work.

Ecology will respond to comments at the end of the comment period. After the cleanup 

action plan is finalized, the port will begin the cleanup work.

Please direct questions and written comments to site manager Craig Rankine.

Site Manager: Craig Rankine 

 Southwest Regional Office 

 360/ 690-4795 

Craig.Rankine@ecy.wa.gov

More information may be found on Ecology’s Public Events Calendar:

http://www.ecy.wa.gov/; click on calendar.

You may review the documents at the following locations:

• Pacific Wood Treating site:

https://fortress.wa.gov/ecy/gsp/Sitepage.aspx?csid=3020

• Ridgefield Library – 210 N. Main Ave., Ridgefield, WA. Call 360/ 887-8281.

• Ecology’s Southwest Regional Office Toxics Cleanup Program – 300 Desmond 

Drive, Lacey, WA. (Please contact Susan Baxter for an appointment at 360/ 407-6365 

or Susan.Baxter@ecy.wa.gov.)

August 22, 2013

Publication #13-09-041 Q Page 1

Formal Cleanups

Ecology oversees complex cleanup sites to ensure that your health and that of the 

environment are protected.

Sign up to get the Site Register 

online:

www.ecy.wa.gov/maillist.html

Under “Newsletters” click on Site 

Register. Under “Options” click 

on Join or Leave. 

Looking for past issues? Check 

here:

http://1.usa.gov/hAJyav.

Visit Ecology's Public 

Involvement Calendar for more 

information. 

Go to http://www.ecy.wa.gov/

and click on Public Calendar.

If you have questions, contact 

Seth Preston at 360/ 407-6848

or Seth.Preston@ecy.wa.gov.

Specific contacts are listed after 

each entry.

To ask about the availability of 

this document in a format for 

the visually impaired, call 360/ 

407-7170. Persons with hearing 

loss may call 711 for Washington 

Relay Service. Persons with a 

speech disability may call 877-

833-6341.
________________________________________________________________________________________________

News & Notes

MTCA cleanup sites and federally required air quality permits

This article addresses two important topics for MTCA cleanup sites you should be aware of:

• Clarification of the MTCA permitting exemption related to air quality permits.

• Current opportunity to comment on proposed changes to the federally approved state plan for meeting federal clean air act 

requirements.

Clarification of the MTCA permitting exemption for air quality permits required by the federal Clean Air Act

In 2010, Ecology’s Air Quality Program modified its General Regulation to incorporate the exemption from meeting the procedural 

requirements of the permitting program for cleanup projects under RCWs 70.94 and 70.105D. Based on a review of the exemption, 

the agency has determined that the full implementation of the exemption would prevent federal approval of the state air quality 

regulations into the Washington State Implementation Plan (SIP).

The SIP is a federally required state plan to ensure Washington has the legal authority to assure the air quality in Washington meets 

the National Ambient Air Quality Standards (NAAQS) for lead, ozone, particles, carbon monoxide, nitrogen dioxide, and sulfur 

dioxide set by the Environmental Protection Agency (EPA). These pollutants are also referred to as criteria pollutants.

Ecology has now clarified the scope of the cleanup project exemption in RCWs 70.94 and 70.105D related to federal permits and the 

SIP. This determination applies solely to emissions into the air from remedial actions at MTCA cleanup sites, and is not intended to 

apply to any other circumstance.

The application of the permit exemption found in RCW 70.105D.090(1) to air emissions from remedial actions at MTCA cleanup 

sites that would otherwise require Prevention of Significant Deterioration (PSD) permits, federal Clean Air Act Title V Air Operating 

Permits (AOPs), or Nonattainment New Source Review (NSR) permits would result in the state’s loss of federal authorization to 

implement these federal permitting requirements in Washington.

Experience has shown that cleanup projects rarely meet the requirements to obtain one of these permits.

In addition to clarifying the permitting requirements for cleanup projects that could be required to obtain federally required air 

quality permits , Ecology has clarified the air quality permitting requirements for other cleanup projects as they relate to the SIP. 

Until exemption language for the smaller sources of criteria pollutants and their precursors is approved by EPA into the Washington 

SIP, cleanup projects are required to obtain air quality permits known as Notice of Construction (NOC) approvals or Order of 

Approval to Construct (OAC). These permits are issued by the local air quality permitting agency. A map of their jurisdictions with 

contact information for those agencies can be found at http://www.ecy.wa.gov/programs/air/local.html.

The current exemption language in WAC 173-400-110 must be revised prior to submittal to EPA to clarify how exempt sources meet 

substantive and procedural requirements of the federal Clean Air Act even if a state permit is not required. This would be submitted 

to EPA as a revision to the SIP. A public comment period would be held prior to submitting this revision to EPA. Once the revised 

exemption has been approved by EPA as part of the SIP, then the procedural requirements (primarily obtaining a NOC permit) would 

no longer need to be followed. But the substantive requirements that would have been contained in those permits will still have to be 

met.

For more information on the permitting of sources of air pollution, please contact Alan Newman with the Air Quality Program at 

alan.newman@ecy.wa.gov or see http://www.ecy.wa.gov/programs/air/permit_register/NewPermitsPage.html.

Comments sought on changes to statewide air quality plan

At this time, Ecology is proposing to submit portions of the current Chapter 173-400 WAC, General Air Quality Regulations, to 

the Environmental Protection Agency (EPA) for approval in the Washington State Implementation Plan (SIP). Ecology proposes to 

include in the SIP only those portions of the rule that are required under the federal Clean Air Act. Those portions of the rule that are

Publication #13-09-041 Q Page 18
approved into the SIP by EPA become federally enforceable by EPA and citizens.

The proposed SIP update does not contain the RCW 70.105D exemption for cleanup projects from procedural permitting 

requirements contained in WAC 173-400-110. In order to include this exemption in the SIP, Ecology needs to revise the rule in 

regard to cleanup projects and it must be approved by EPA as explained above.

Ecology will accept public comments on the proposal during a public comment period that continues through Sept. 20, 2013. A 

public hearing will be held at 6 p.m. Wednesday, Sept. 11, at Ecology’s headquarters at 300 Desmond Drive SE, Lacey.

The SIP submittal package will be available for public review on Ecology’s website during the comment period: 

http://www.ecy.wa.gov/programs/air/sips/plans/400_rule.htm

You can subscribe to receive updates on this project at http://listserv.wa.gov/cgi-bin/wa?A0=ECY-SIP-UPDATE-WAC-173-400.

For answers to questions about this SIP update, contact Anya Caudill at anya.caudill@ecy.wa.gov.

New Sediment Management Standards take effect September 1

The Department of Ecology has adopted changes to Chapter 173-204 WAC, Sediment Management Standards (SMS). Changes focus 

on requirements for cleanup of contaminated sediments.

The changes were published in the Washington State Register on March 20, 2013, and go into effect September 1, 2013. You can see 

the rule adoption notice here: https://fortress.wa.gov/ecy/publications/summarypages/1309043.html

You can find more information about the revised rule, including the Concise Explanatory Statement and Response to Comments, at 

http://www.ecy.wa.gov/programs/tcp/regs/2011-SMS/2011-SMS-hp.html

Ecology is planning outreach activities to communicate information regarding the rule changes, including information about the 

draft sediment cleanup guidance currently being developed. A public comment period for the guidance is being planned and will be 

announced later.

For answers to questions about the SMS rule contact Chance Asher at chance.asher@ecy.wa.gov.

Ecology encourages and welcomes your feedback on the work we’re doing. Please continue to visit www.ecy.wa.gov for information 

on these and related issues.

________________________________________________________________________________________________

glossary

Agreed order - A legal agreement with Ecology to make sure the cleanup meets the standards of Washington State’s cleanup law, the 

Model Toxics Control Act (MTCA).

Cleanup action plan (CAP) - A document that describes the selected cleanup method(s) and specifies cleanup standards and other 

requirements. It is based on information and technical analyses generated during the RI/FS and consideration of public comments and 

community concerns. A draft of the CAP (DCAP) is made available for public review and comment before finalizing.

Comment period - A time period during which the public can review and comment on various documents and Ecology or EPA 

actions. For example, a comment period is provided to allow community members to review and comment on proposed cleanup 

action alternatives and proposed plans. Also, a comment period is held to allow community members to review and comment on draft 

feasibility studies.

Consent decree - A formal legal agreement that is filed with a court. It describes studies and/or cleanup work to be done at a site 

and the terms under which that work is to be done.

Publication #13-09-041 Q Page 19