12-20-056

WSR 12-20-056

PROPOSED RULES

NORTHWEST CLEAN

AIR AGENCY

[ Filed October 2, 2012, 10:37 a.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

     Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency (NWCAA).

     Hearing Location(s): NWCAA, 1600 South Second Street, Mount Vernon, WA 98273, on November 6, 2012, at 9:00 a.m.

     Date of Intended Adoption: November 8, 2012.

     Submit Written Comments to: Mark Buford, NWCAA, 1600 South Second Street, Mount Vernon, WA 98273, e-mail [e-mail], fax [phone], by November 6, 2012, at 11:00 a.m.

     Assistance for Persons with Disabilities: Contact Laurie Caskey-Schreiber by October 30, 2012, [phone] ext. 215.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

?	Clarify in the NWCAA rules the requirement for reasonably available control technology (RACT) for all existing sources pursuant to RCW 70.94.154 and to describe how the RACT program is implemented. (New NWCAA Section 309.)
?	Clarify the existing requirements to better reflect the requirements in the RCW regarding orders, including issuance, fee assessment, appeals, and relation to enforcement. (NWCAA Sections 121, 122, 123, 131, 324.) See Derivation and Distribution lists shown below for changed sections.
?	In NWCAA Section 104.1, exclude the adoption-by-reference to the RACT requirement in WAC 173-400-040(1) in favor of the RACT program proposed to be listed in the NWCAA rule. This will clarify the regulatory pathway for the RACT program. (NWCAA Section 104.)
?	Update the effectiveness dates under NWCAA Section 104 to ensure that the most recent versions of the referenced regulations are adopted. (NWCAA Section 104.)
?	Update the cross-reference in NWCAA Section 350 to reflect the renumbering of certain sections and update to reflect current NWCAA rule numbering template.

     New/Amended Regulation Section Derivations:

     Amended NWCAA 121.1: Based on RCW 70.94.141(3) and new language.

     Amended NWCAA 121.2: New language.

     Amended NWCAA 121.3: New language.

     Amended NWCAA 121.4: New language.

     Amended NWCAA 123.1: Based on RCW 70.94.221, 43.21B.230, and new language.

     Amended NWCAA 123.2: Based on RCW 43.21B.310 (1) and (2).

     Amended NWCAA 131.1: Based on RCW 70.94.211.

     Amended NWCAA 131.2: Based on NWCAA 131.21 and 131.3.

     New NWCAA 324.7: New language.

     Distributions for Section Being Replaced:

     Former NWCAA 121.1: Replaced by NWCAA 131.1.

     Former NWCAA 121.2: Deleted.

     Former NWCAA 121.3: Replaced by NWCAA 131.1.

     Former NWCAA 121.4: Replaced by NWCAA 123.1.

     Former NWCAA 122.1: Replaced by NWCAA 123.1.

     Former NWCAA 122.2: Deleted.

     Former NWCAA 123.3: Replaced by NWCAA 123.2.

     Former NWCAA 123.4: Deleted.

     Former NWCAA 123.5: Deleted.

     Former NWCAA 131.2: Replaced by NWCAA 131.1.

     Former NWCAA 131.2: Renumbered to NWCAA 131.2.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

     Statute Being Implemented: RCW 70.94.141 (1), (3), and 70.94.154.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: NWCAA, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Asmundson, 1600 South Second Street, Mount Vernon, WA, [phone]

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable under RCW 70.94.141

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable under RCW 70.94.141.

October 2, 2012

Mark Buford

Assistant Director

AMENDATORY SECTION

Section 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES

     104.1 All provisions of State Law that are in effect as of October 1, 2012 ((July 18, 2012)), which are pertinent to the operation of the NWCAA, are hereby adopted by reference and made part of the Regulation of the NWCAA. Specifically, there is adopted by reference the portions pertinent to the operation of the NWCAA of the Washington State Clean Air Act (chapter 70.94 RCW), the Administrative Procedure((s)) Act (chapter 34.05 RCW) and chapters 43.21A and 43.21B RCW and the following state rules: chapter 173-400 WAC, (except - -035, -036, -040(1), -070(8), -075, -099, -100, -101, -102, -103, -104, -105(8), -110, -114, -115, -116, -171, -930), chapter 173-401 WAC, chapter 173-407 WAC, chapter 173-420 WAC, chapter 173-425 WAC, chapter 173-430 WAC, chapter 173-433 WAC, chapter 173-434 WAC, chapter 173-435 WAC, chapter 173-441 WAC, chapter 173-450 WAC, chapter 173-460 WAC, chapter 173-470 WAC, chapter 173-474 WAC, chapter 173-475 WAC, chapter 173-481 WAC, chapter 173-490 WAC, chapter 173-491 WAC, chapter 173-492 WAC, and chapter 173-495 WAC.

     104.2 All provisions of the following federal rules that are in effect as of October 1, 2012 ((July 18, 2012)) are hereby adopted by reference and made part of the Regulation of the NWCAA: 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans) Appendix M; 40 CFR Part 60 (Standards of Performance For New Stationary Sources) subparts A, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, Ja, K, Ka, Kb, L, M, N, Na, O, P, Q, R, T, U, V, W, X, Y, Z, AA, AAa, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, VVa, WW, XX, AAA, BBB, DDD, FFF, GGG, GGGa, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, CCCC, EEEE, IIII, JJJJ, KKKK and Appendix A - I; and 40 CFR Part 61 (National Emission Standards For Hazardous Air Pollutants) Subparts A, C, D, E, F, J, L, M, N, O, P, V, Y, BB, FF and 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories) Subparts A, B, C, D, F, G, H, I, L, M, N, O, Q, R, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, OO, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO, PPP, QQQ, TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN, OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, XXXX, YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH, IIIII, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, RRRRR, SSSSS, TTTTT, YYYYY, ZZZZZ, CCCCCC, EEEEEE, FFFFFF, GGGGGG, MMMMMM, NNNNNN, SSSSSS, VVVVVV; and 40 CFR 72, 73, 74, 75, 76, 77 and 78 (Acid Rain Program).

     PASSED: July 8, 1970 AMENDED: April 14, 1993, September 8, 1993, December 8, 1993, October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996, March 13, 1997, May 14, 1998, November 12, 1998, November 12, 1999, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, June 10, 2010, June 9, 2011, November 17, 2011, August 9, 2012, November 8, 2012

AMENDATORY SECTION

Section 121 - ORDERS

     121.1 The NWCAA may, by order, apply to a specific source or sources any applicable provision necessary to effectuate the purposes of chapter 70.94 RCW or the rules adopted thereunder. Orders of approval related to the establishment of a source are addressed under NWCAA 300, in lieu of the requirements in this section. General Orders of Approval are issued under WAC 173-400-560, in lieu of the requirements in this section. ((If the Board or Control Officer has reason to believe that any provision of this Regulation has been violated, the Board or Control Officer, may, in addition to any other remedy of law, issue an order, or orders, that the necessary corrective action be taken within a reasonable time. Such order or orders may advise methods for the prevention, abatement or control of the emission involved for taking of such other corrective actions as may be appropriate. Any order or orders issued as a part of a notice or independently may prescribe the date or dates by which the violation or violations shall cease and may prescribe time schedules for necessary action in preventing, abating or controlling the emissions, and shall be reported to the Board at its next regular meeting.))

     121.2 Actions taken under this section are subject to the public involvement provisions of NWCAA 305 as applicable. ((In lieu of an order the Board may hold a hearing to determine if a violation has occurred or is occurring and if a finding is made that a violation has occurred may issue an order under Section 121.1 of this Regulation.))

     121.3 The NWCAA shall assess the fee as specified in NWCAA 324.7 to cover the costs of processing and issuing an order under this section. For regulatory orders related to a RACT determination, the fee shall be assessed in accordance with NWCAA 309.7, in lieu of the fees under this section. ((In lieu of an order the Board or Control Officer may require that the alleged violator or violators appear before the NWCAA Board pursuant to state law.))

     121.4 When an applicant requests a regulatory order to limit the potential to emit of any air contaminant or contaminants pursuant to WAC 173-400-091, or requests a modification to such an order, the NWCAA shall issue such order consistent with the requirements of WAC 173-400-091 in addition to the requirements of this Regulation. ((Any orders issued by the Board or Control Officer are subject to appeal under Section 122 of this Regulation and RCW 43.21.B.))

PASSED: January 8, 1969 AMENDED: July 8, 1970, February 14, 1973, November 8, 2007, November 8, 2012

Reviser's note: The typographical error in the above material occurred in the copy filed by the NWCAA and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

Section 122 - (RESERVED) ((APPEALS FROM ORDERS OR FORMAL ENFORCEMENT ACTION))

     ((122.1 Any order issued by the Board or Control Officer shall become final unless, no later than thirty (30) days after the date that the order is served, the person aggrieved by the order appeals to the Pollution Control Hearings Board as provided by state law.

     122.2 The final decision and order of the Pollution Control Hearings Board after a hearing shall become final unless no later than thirty (30) days after the issuance of such order, a petition requesting judicial review is filed in Superior Court in accordance with RCW 34.05.

PASSED: January 8, 1969 AMENDED: July 8, 1970, July 10, 2003, November 8, 2007))

AMENDATORY SECTION

Section 123 - ((STATUS OF ORDERS ON APPEAL)) APPEAL OF ORDERS

     123.1 Any order issued by the NWCAA shall become final unless, no later than thirty (30) days after the date that the order is served, any person with standing appeals the order to the Pollution Control Hearings Board as provided by chapter 43.21B RCW. This is the exclusive means of appeal of such an order. ((Any order issued by the Board or Control Officer under the NWCAA Regulation Section 121 may be appealed.))

     123.2 Any order issued by the NWCAA ((Board or Control Officer,)) under appeal in accordance with chapter ((RCW)) 43.21B RCW shall remain in effect during the pendency of such appeal unless the ((Board or)) Control Officer, at his/her ((their)) discretion, issues a s((S))tay of the original order. At any time during the pendency of an appeal of such an order to the Pollution Control Hearings Board, the appellant may apply to the Pollution Control Hearings Board pursuant to chapter 43.21B RCW for a stay of the order or for the removal thereof.

     ((123.3 The appellant may also apply to the Pollution Control Hearings Board at any time for a stay of such order per RCW 43.21B.320.))

     ((123.4 Such notice of appeal to the Pollution Control Hearings Board must contain the following information:

     (a) The appellant's name and address;

     (b) The date and number of the order or permit that is subject to the appeal;

     (c) Description of the substance of the order or permit that is the subject of the appeal;

     (d) A clear, separate, and concise statement of each error alleged to have been committed;

     (e) A clear, separate and concise statement of facts upon which the appellant relies to sustain the statements of error; and

     (f) A statement setting forth the relief sought.))

     ((123.5 The Board or Control Officer may request the attorney for the NWCAA to bring action in Superior Court to obtain any such relief as is necessary to insure compliance with said order, including injunctive relief.

     No bond shall be required from the NWCAA as a condition of granting any restraining order or temporary injunction.))

     PASSED: January 8, 1969 AMENDED: July 8, 1970, February 14, 1973, November 15, 1988, November 8, 2007, November 8, 2012

Reviser's note: The typographical error in the above material occurred in the copy filed by the NWCAA and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

SECTION 131 - NOTICE TO VIOLATORS

     131.1 At least 30 days prior to the commencement of any formal enforcement action under RCW 70.94.430 or 70.94.431, If the Board or Control Officer has reason to believe that a violation of this Regulation has occurred or is occurring, the ((Board, Control Officer, or duly authorized representative)) NWCAA shall ((may)) cause written notice of violation to be served upon the alleged violator. The notice shall specify the provisions of chapter 70.94 RCW or the orders, rules, or regulations adopted pursuant thereto alleged to be violated, and ((summarize)) the facts alleged to constitute a violation thereof, and may include an order pursuant to NWCAA 121 directing that necessary corrective action be taken within a reasonable time. In lieu of an order, the Control Officer may require that the alleged violator appear before the Board for a hearing pursuant to NWCAA 120. Every notice of violation shall offer to the alleged violator an opportunity to meet with the NWCAA prior to the commencement of enforcement action. Written notice shall be served at least thirty days prior to the commencement of the imposition of a penalty under RCW 70.94.430 and 70.94.431.

     ((131.2 The Board, Control Officer, or duly authorized representative upon issuance of notice of violation may do any or all of the following:

     131.21 Require that the alleged violator respond in writing or in person within thirty (30) days of the notice and specify the corrective action being taken.

     131.22 Issue an order pursuant to Section 121 of this Regulation.

     131.23 Initiate action pursuant to Sections 132, 133, 134 and 135 of this Regulation.

     131.24 Hold a hearing pursuant to Section 120 of this Regulation.

     131.25 Require the alleged violator or violators appear before the Board.

     131.26 Avail itself of any other remedy provided by law.))

     131.2((3)) The NWCAA, upon issuance of notice of violation, may require the alleged violator to respond in writing or in person within thirty (30) days of the notice and specify the corrective action being taken. Failure to respond ((as required in Section 131.21)) shall constitute a prima facie violation of this Regulation and the NWCAA ((Board or Control Officer)) may initiate action pursuant to Sections 132, 133, 134, 135 of this Regulation.

PASSED: January 8, 1969 AMENDED: February 14, 1973, ((April 14, 1993,)) March 13, 1997, July 14, 2005, November 8, 2007, November 8, 2012

Reviser's note: The typographical errors in the above material occurred in the copy filed by the NWCAA and appear in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

SECTION 309 - REASONABLY AVAILABLE CONTROL TECHNOLOGY

     309.1 Reasonably Available Control Technology (RACT) is required for all existing sources except as otherwise provided in RCW 70.94.331(9).

     309.2 Where current controls are determined by the NWCAA to be less than RACT, the NWCAA shall define RACT for that source or source category and issue a rule or a regulatory order under NWCAA 121 requiring the installation of RACT.

     309.3 RACT for each source category containing three or more sources shall be determined by rule by the Department of Ecology or the NWCAA, except as provided in NWCAA 309.4.

     309.4 Source-specific RACT determinations may be performed under any of the following circumstances:

     (A) For replacement or substantial alteration of existing control equipment under NWCAA 300.13;

     (B) When required by the federal Clean Air Act;

     (C) For sources in source categories containing fewer than three sources;

     (D) When an air quality problem, for which the source is a contributor, justifies a source-specific RACT determination prior to development of a categorical RACT rule; or

     (E) When a source-specific RACT determination is needed to address either specific air quality problems, for which the source is a significant contributor, or source-specific economic concerns.

     309.5 The Control Officer shall have the authority to perform a RACT determination; to hire a consultant to perform relevant RACT analyses in whole or in part; or to order the owner or operator to perform RACT analyses and submit the results to the NWCAA.

     305.6 In determining RACT, the NWCAA shall utilize the factors set forth in the RACT definition in NWCAA 200 and shall consider RACT determinations and guidance made by the EPA, other states, and local authorities for similar sources, and other relevant factors. In establishing or revising RACT requirements, the NWCAA shall address, where practicable, all air contaminants deemed to be of concern for that source or source category.

     309.7 The NWCAA shall assess a fee to be paid by any source included in a RACT determination to cover the direct and indirect costs of developing, establishing, or reviewing categorical or source-specific RACT determinations. The fee for RACT determinations shall be as established in NWCAA 324.6.

     309.8 Emission standards and other requirements contained in rules or regulatory orders in effect at the time of operating permit issuance shall be considered RACT for purposes of permit issuance or renewal.

     309.9 Replacement or substantial alteration of control equipment under Section 300.13 shall be subject to the notice of construction review fees under NWCAA 324.2, in lieu of RACT fees under this section.

PASSED: November 8, 2012

AMENDATORY SECTION

SECTION 324 - FEES

     324.1 Annual Registration Fees

     (A) The NWCAA shall levy annual registration program fees as set forth in Section 324.1(C) to cover the costs of administering the registration program.

     (B) Upon assessment by the NWCAA, registration fees are due and payable. A source shall be assessed a late penalty in the amount of twenty-five percent (25%) of the registration fee for failure to pay the registration fee within thirty (30) days after the due date. The late penalty shall be in addition to the registration fee.

     (C) All registered air pollution sources shall pay the appropriate registration fee(s) as set forth in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA. A proposed resolution that changes any fee schedules described in this section shall be posted on the NWCAA website for not less than 30 days prior to the Board of Directors meeting at which the Board takes action on the resolution. In addition, an electronic version of the proposed fee schedule changes shall be provided by e-mail to any person requesting notice of proposed fee schedule changes, not less than 30 days prior to the Board meeting at which such changes are considered. It shall be the ongoing responsibility of a person requesting electronic notice of proposed fee schedule amendments to provide their current e-mail address to the NWCAA, however no person is required to request such notice. Each notice of a proposed fee schedule change shall provide for a comment period on the proposal of not less than 30 days. Any such proposal shall be subject to public comment at the Board meeting where such changes are considered. No final decision on a proposed fee schedule change shall be taken until the public comment period has ended and any comments received during the public comment period have been considered.

     324.2 New Source Review Fees

     (A) New source fees shall be submitted with each Notice of Construction (NOC) application or request for a NOC applicability determination.

     (B) The applicable fee(s) shall be established in the current fee schedule adopted by Resolution by the Board of Directors of the NWCAA. A proposed resolution that changes any fee schedules described in this section shall be posted on the NWCAA website for not less than 30 days prior to the Board of Directors meeting at which the Board takes action on the resolution. In addition, an electronic version of the proposed fee schedule changes shall be provided by e-mail to any person requesting notice of proposed fee schedule changes, not less than 30 days prior to the Board meeting at which such changes are considered. It shall be the ongoing responsibility of a person requesting electronic notice of proposed fee schedule amendments to provide their current e-mail address to the NWCAA, however no person is required to request such notice. Each notice of a proposed fee schedule change shall provide for a comment period on the proposal of not less than 30 days. Any such proposal shall be subject to public comment at the Board meeting where such changes are considered. No final decision on a proposed fee schedule change shall be taken until the public comment period has ended and any comments received during the public comment period have been considered.

     324.3 Variance Fee. The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA.

     324.4 Issuance of Emission Reduction Credits. The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA.

     324.5 Plan and examination, filing, SEPA review, and emission reduction credit fees may be reduced at the discretion of the Control Officer by up to 75 percent for existing stationary sources implementing pollution prevention or undertaking voluntary and enforceable emission reduction projects.

     324.6 RACT Fee. The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA. Fees shall be due and payable upon receipt of invoice and shall be deemed delinquent if not fully paid within 30 days of invoice. A proposed resolution that adopts or changes any fee schedules described in this section shall be posted on the NWCAA website for not less than 30 days prior to the Board of Directors meeting at which the Board takes action on the resolution. In addition, an electronic version of the proposed fee schedule changes shall be provided by e-mail to any person requesting notice of proposed fee schedule changes, not less than 30 days prior to the Board meeting at which such changes are considered. It shall be the ongoing responsibility of a person requesting electronic notice of proposed fee schedule amendments to provide their current e-mail address to the NWCAA; however, no person is required to request such notice. Each notice of a proposed fee schedule change shall provide for a comment period on the proposal of not less than 30 days. Any such proposal shall be subject to public comment at the Board meeting where such changes are considered. No final decision on a proposed fee schedule change shall be taken until the public comment period has ended and any comments received during the public comment period have been considered.

     324.7 Order Fee. The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA. A proposed resolution that adopts or changes any fee schedules described in this section shall be posted on the NWCAA website for not less than 30 days prior to the Board of Directors meeting at which the Board takes action on the resolution. In addition, an electronic version of the proposed fee schedule changes shall be provided by e-mail to any person requesting notice of proposed fee schedule changes, not less than 30 days prior to the Board meeting at which such changes are considered. It shall be the ongoing responsibility of a person requesting electronic notice of proposed fee schedule amendments to provide their current e-mail address to the NWCAA; however, no person is required to request such notice. Each notice of a proposed fee schedule change shall provide for a comment period on the proposal of not less than 30 days. Any such proposal shall be subject to public comment at the Board meeting where such changes are considered. No final decision on a proposed fee schedule change shall be taken until the public comment period has ended and any comments received during the public comment period have been considered.

PASSED: November 12, 1998 AMENDED: November 12, 1999, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, August 9, 2012, November 8, 2012

AMENDATORY SECTION

SECTION 350 - VARIANCES

     350.1 Any person who owns or is in control of any plant, building, structure, establishment, process or equipment including a group of persons who own or control like processes or like equipment may apply to the board for a variance from the rules or Regulation governing the quality, nature, duration or extent of discharge of air contaminants. The application shall be accompanied by such information and data as the Board may require. The Board may grant such variance, but only after public hearing or due notice, if it finds that:

     ((350.11)) (A) The emissions occurring or proposed to occur do not endanger public health or safety; and

     ((350.12)) (B) Compliance with the rules or Regulation from which variance is sought would produce serious hardship without equal or greater benefits to the public.

     350.2 No variance shall be granted pursuant to this Section until the Board has considered the relative interests of the applicant, other owners or property likely to be affected by the discharge, and the general public.

     350.3 Any variance or renewal thereof shall be granted within the requirements of Section 350.1 and for time periods and under conditions consistent with reasons therefore, and with the following limitations:

     ((350.31)) (A) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement, or control of the pollution involved, it shall be only until the necessary means for prevention, abatement, or control becomes known and available, and subject to the taking of any substitute or alternate measure that the Board may prescribe.

     ((350.32)) (B) If the variance is granted on the ground that compliance with the particulate requirements or requirement from which variance is sought will require the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time, as in view of the Board, is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to such timetable.

     ((350.33)) (C) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided in subsection ((350.31)) 350.3(A) and ((350.32)) 350.3(B), it shall be for not more than one year.

     350.4 Any variance granted pursuant to this Section may be renewed on terms and conditions and for periods which would be appropriate under all circumstances including the criteria considered on the initial granting of a variance and that acquired during the existence of the variance. If a complaint is made to the board on account of the variance, no renewal thereof shall be granted unless, following a public hearing on the complaint on due notice, the board finds that renewal is justified. No renewal shall be granted except on application thereof. Any such application shall be made at least sixty (60) days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Board shall give public notice of such application in accordance with the rules and Regulation of the Board.

     350.5 A variance or renewal shall not be a right of the applicant or holder thereof but shall be at the discretion of the Board. However, any applicant adversely affected by the denial or the terms and conditions of the granting of an application for a variance or renewal of a variance by the Board, may obtain judicial review thereof under the provisions of Section ((121)) 123 or Chapter 43.21B RCW as now or hereafter amended.

     350.6 Nothing in this Section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of RCW 70.94.715 to any person or his property.

PASSED: January 8, 1969 AMENDED: October 1, 1969, February 14, 1973, January 9, 1974, ((April 14, 1993,)) September 8, 1993, November 8, 2012