AIR POLLUTION CONTROL AGENCY
[Filed October 14, 1998, 10:20 a.m.]
Date of Adoption: October 8, 1998.
Purpose: Technical changes to clarify, update, move definitions closer to where they are used, and remove redundant or otherwise unnecessary definitions.
Citation of Existing Rules Affected by this Order: Amending Regulation I, Sections 1.03 and 1.07.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 98-18-089 on September 2, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
October 9, 1998
Gerald S. Pade
REGULATION I SECTION 1.03 NAME OF AGENCY
The name of the multicounty Air Pollution Control Agency comprised of the activated or inactivated air pollution control authorities of King County, Kitsap County, Pierce County, Snohomish County and such other counties whose air pollution control authorities may now or later merge with this multicounty authority shall be known and cited as the "Puget Sound Air Pollution Control Agency" or "PSAPCA".
REGULATION I SECTION 1.07 DEFINITIONS
When used herein:
(a) acceptable source impact level (ASIL) means a concentration
of a toxic air contaminant in the outdoor atmosphere in any area
that does not have restricted or controlled public access that is
used to evaluate the air quality impacts of a single source.
There are three types of acceptable source impact levels: risk-based, threshold-based, and special. Concentrations for these
three types of ASILs are established by the Board after public
hearing and are listed in Appendix A of Regulation III.))
(b))) actual emissions means the average rate at which
the source actually emitted air contaminants during the 2-year
period preceding a specific date, and which is representative of
normal source operations. To account for unusual circumstances
such as strikes, the Control Officer may approve or require the
use of another time period that is more representative of normal
operations than is the immediately preceding 2-year period.
(c) adequate source of heat means the ability to maintain 70F
at a point 3 feet above the floor in all normally inhabited areas
of a dwelling.))
(d))) agency means the Puget Sound Air Pollution
(e))) air contaminant means dust, fumes, mist, smoke,
other particulate matter, vapor, gas, odorous substance, or any
(f))) air pollution means the presence in the outdoor
atmosphere of one or more air contaminants in sufficient
quantities and of such characteristics and duration as is, or is
likely to be, injurious to human health, plant or animal life, or
property, or which unreasonably interferes with enjoyment of life
and property. Air pollution shall not include air contaminants
emitted in compliance with chapter 17.21 RCW, the Washington
Pesticide Application Act, which regulates the application and
control of the use of various pesticides.
(g) air pollution episode means a period when a forecast,
alert, warning, or emergency air pollution stage is declared by
the Department of Ecology pursuant to RCW 70.94.715.))
(h))) allowable emissions means the emission rate
calculated using the maximum rated capacity of the source (unless
the source is subject to a federally enforceable permit that
limits the operating rate, or hours of operation, or both) and
the most stringent of the following:
(1) Any applicable standard under 40 CFR Parts 60, 61, and 63;
(2) Any applicable emission standard under Regulation I, II, or III;
(3) Any applicable State Implementation Plan emission standard, including those with a future compliance date; or
(4) Any applicable emission standard specified in an Order of Approval or operating permit, including those with a future compliance date.
(i))) ambient air means the portion of the atmosphere,
external to buildings, to which the general public has access.
(j) ambient air quality standard means an established
concentration, exposure time, and frequency of occurrence of an
air contaminant in the ambient air that shall not be exceeded.))
(k))) best available control technology means technology
that will result in an emission standard, including a visible
emission standard, based on the maximum degree of reduction which
the Agency, on a case-by-case basis, taking into account energy,
environmental, and economic impacts, and other costs, determines
is achievable for such source through application of production
processes, available methods, systems, and techniques, including
fuel cleaning or treatment, clean fuels, or innovative fuel
combustion techniques for control of each air contaminant. In no
event shall application of the best available control technology
result in emissions of any air contaminant that would exceed the
emissions allowed by any applicable standard under 40 CFR Parts
60, 61, and 63. The Agency may prescribe a design, equipment,
work practice, or operational standard, or combination thereof,
to meet the requirements of best available control technology.
Such standard shall, to the degree possible, set forth the
emission reduction achievable by implementation of such design,
equipment, work practice, or operation and shall provide for
compliance by means that achieve equivalent results.
(l))) board means the Board of Directors of the Puget
Sound Air Pollution Control Agency.
(m))) commenced construction means that the owner or
operator has all the necessary preconstruction approvals or
permits and either has begun, or has caused to begin, a
continuous program of actual on-site construction of the source
or has entered into binding agreements or contractual obligations
to undertake construction of the source which cannot be canceled
or modified without substantial loss to the owner or operator.
(n))) combustible refuse means solid or liquid
combustible waste material.
(o))) control equipment means any device which prevents
or controls the emission of any air contaminant.
(p))) control officer means the Air Pollution Control
Officer of the Puget Sound Air Pollution Control Agency.
(q))) emission means a direct or indirect release of
any air contaminant into the ambient air.
(r))) emission standard means a requirement established
under the Federal Clean Air Act (FCAA) or chapter 70.94 RCW that
limits the quantity, rate, or concentration of emissions of air
contaminants on a continuous basis including any requirement
relating to the operation or maintenance of a source to assure
continuous emission reduction, and any design, equipment, work
practice, or operational standard promulgated under the FCAA or
chapter 70.94 RCW.
(s))) equipment means any stationary or portable device
or any part thereof that emits or may emit any air contaminant
into the atmosphere.
(t))) facility means the sum total of all of the
pollutant emitting activities that belong to the same industrial
grouping (as defined by major groups in the Standard Industrial
Classification Manual, NTIS Order No. PB 87-100012), are located
on one or more contiguous or adjacent properties, and are owned
or operated by the same person or persons under common control.
(u) first stage of impaired air quality means a condition
declared by the Control Officer when particulates 10 microns and
smaller in diameter are at an ambient level of 75 micrograms per
cubic meter measured on a 24-hour average or when carbon monoxide
is at an ambient level of 8 parts of contaminant per million
parts of air by volume measured on an 8-hour average.))
(v))) fuel burning equipment means equipment that produces
hot air, hot water, steam, or other heated fluids by external
combustion of fuel.
(w))) fugitive dust means particulate matter or any
visible air contaminant other than uncombined water that is not
collected by a capture system and emitted from a stack, but is
released to the atmosphere at the point of generation.
(x))) fugitive emission means an emission that does not
pass and that could not reasonably pass through a stack, chimney,
or other functionally equivalent opening.
(y))) gasoline means a volatile organic compound having
a true vapor pressure greater than 1.5 pounds per square inch
(10.3 kPa) at 68F (20C), that is a liquid at (( standard
conditions)) a temperature of 68F (20C) and a barometric
pressure of 29.92 inches of mercury (101.325 kPa), and is used as
a fuel for internal combustion engines.
(z))) gasoline station means any site dispensing
gasoline into fuel tanks of motor vehicles, marine vessels, or
aircraft from stationary storage tanks.
(aa) incinerator means a furnace for the destruction of
(bb))) installation means the placement, assemblage, or
construction of equipment or control equipment at the premises
where the equipment or control equipment will be used, and
includes all preparatory work at such premises.
(cc))) lowest achievable emission rate means that rate of
emissions that reflects either the most stringent emission
standard that is contained in the implementation plan of any
state for such class or category of source unless the owner or
operator of the proposed source demonstrates that such emission
standards are not achievable, or the most stringent emission
standard that is achieved in practice by such class or category
of source, whichever is more stringent.
(dd))) major modification means a modification of a major
source that would increase the actual emissions of any air
contaminant for which the area is designated nonattainment by
more than the following:
|Volatile Organic Compounds||40.0|
In determining whether the thresholds defining a major modification have been exceeded, the emissions permitted under Orders of Approval issued to the facility since the designation of nonattainment that were not major modifications, and all fugitive emission increases that can be reasonably quantified shall be included. Any emission reduction credits banked by the facility since the designation of nonattainment may be subtracted from this amount provided that any credits so applied are then considered to have been used. For modifications of an individual piece of equipment, the baseline shall be the source's actual emissions or allowable emissions, whichever is smaller. (Note: volatile organic compounds and nitrogen oxides are the air contaminants for which an area is designated nonattainment for ozone.)
(ee))) major source means a facility that emits or has
the potential to emit 100 tons per year or more of any air
contaminant subject to regulation under the federal Clean Air
Act. In determining whether the threshold defining a major
source has been exceeded all fugitive emissions that can be
reasonably quantified shall be included. Any emission reduction
credits banked by the facility may be subtracted from this amount
provided that any credits so applied are then considered to have
(ff))) modification means any physical change in, or
change in the method of operation of, a source, except an
increase in the hours of operation or production rates (not
otherwise prohibited) or the use of an alternative fuel or raw
material that the source is approved to use under an Order of
Approval or operating permit, that increases the amount of any
air contaminant emitted or that results in the emission of any
air contaminant not previously emitted.
(gg))) motor vehicle means any operating vehicle or one
capable of being operated that has its own self-contained sources
of motive power, is designed for the transportation of people or
property, and is of the type for which a license is required for
operation on a highway.
(hh))) multiple chamber incinerator means a furnace for
the destruction of waste consisting of three or more refractory-lined combustion chambers in series, physically separated by
refractory walls, interconnected by gas passage ports or ducts,
and employing adequate design parameters necessary for maximum
combustion of the material to be burned.
(ii))) nonattainment area means a geographic area
designated by the United States Environmental Protection Agency
that violates a primary or secondary national ambient air quality
(jj) outdoor fire means the combustion of material in the
open or in a container with no provision for control of such
combustion or the control of the emissions of the combustion
(kk))) owner or operator means the person who owns,
leases, supervises, or operates the equipment or control
(ll))) particulate matter means any material, except
water in an uncombined form, that is, has been, or is likely to
become airborne and exists as a liquid or a solid at (( standard
conditions)) a temperature of 68F (20C) and a barometric
pressure of 29.92 inches of mercury (101.325 kPa).
(mm))) person means and includes any individual, firm,
public or private corporation, association, partnership,
political subdivision, municipality, or governmental agency.
(nn))) pm10 means particulate matter with an
aerodynamic diameter less than or equal to a nominal 10
micrometers as measured by a reference method based on Appendix J
of 40 CFR Part 50 and designated in accordance with 40 CFR Part
53 or by an equivalent method designated in accordance with 40
CFR Part 53.
(oo))) potential to emit means the maximum capacity of a
facility to emit an air contaminant under its physical and
operational design. Any physical or operational limitation on
the capacity of the facility to emit an air contaminant,
including control equipment and restrictions on the hours of
operation or on the type or amount of material combusted, stored,
or processed, shall be treated as part of its design only if the
limitation or the effect it would have on emissions is federally
(pp))) reasonably available control technology means the
lowest emission standard that a particular source or source
category is capable of meeting by the application of control
technology that is reasonably available considering technological
and economic feasibility. Reasonably available control
technology is determined on a case-by-case basis for an
individual source or source category taking into account the
impact of the source upon air quality, the availability of
additional controls, the emission reduction to be achieved by
additional controls, the impact of additional controls on air
quality, and the capital and operating costs of the additional
(qq))) refuse burning equipment means equipment employed
to burn any solid or liquid combustible refuse.
(rr) seasoned wood means wood of any species that has been
sufficiently dried so as to contain 20% or less moisture by
weight. (ss) second stage of impaired air quality means a condition
declared by the Control Officer when particulates 10 microns and
smaller in diameter are at an ambient level of 105 micrograms per
cubic meter measured on a 24-hour average. (tt) solid fuel burning device means a device that burns wood,
coal, or any other nongaseous or nonliquid fuels, and includes
any device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or commercial
establishment, which has a heat input less than 1 million Btu per
(uu))) source means a building, structure, equipment,
control equipment, or facility that emits or may emit any air
contaminant into the atmosphere.
(vv))) standard conditions means a temperature of 68F
and a barometric pressure of 29.92 inches of mercury.
(ww))) total allowable emissions means allowable
emissions, including the emissions from all Orders of Approval
issued to the facility since the designation of nonattainment
that were not major modifications, and all fugitive emissions
that can be reasonably quantified.
(xx))) toxic air contaminant or tac means an air
contaminant listed in Appendix A of Regulation III.
(yy) treated wood means wood of any species that has been
chemically impregnated, painted, or similarly modified.))
(zz))) true vapor pressure means the equilibrium partial
pressure of an organic liquid (determined by methods described in
American Petroleum Institute Bulletin 2517, "Evaporation Loss
from External Floating Roof Tanks", May (( 1994)) 1996).
(aaa))) urbanized area means those portions of King,
Pierce, Kitsap, and Snohomish Counties designated as urbanized
areas by the U.S. Department of Commerce, Bureau of the Census.
(bbb))) volatile organic compound or voc means an organic
compound that participates in atmospheric photochemical
reactions. This excludes all compounds determined to have
negligible photochemical reactivity by the U.S. Environmental
Protection Agency and listed in 40 CFR 51.100(s) in effect July
REGULATION I SECTION 13.02 DEFINITIONS
When used in this Article:
(a) adequate source of heat means the ability to maintain 70F at a point 3 feet above the floor in all normally inhabited areas of a dwelling.
(b) first stage of impaired air quality means a condition declared by the Control Officer when particulates 10 microns and smaller in diameter are at an ambient level of 60 micrograms per cubic meter measured on a 24-hour average or when carbon monoxide is at an ambient level of 8 parts of contaminant per million parts of air by volume measured on an 8-hour average.
(c) seasoned wood means wood of any species that has been sufficiently dried so as to contain 20% or less moisture by weight.
(d) second stage of impaired air quality means a condition declared by the Control Officer when particulates 10 microns and smaller in diameter are at an ambient level of 105 micrograms per cubic meter measured on a 24-hour average.
(e) solid fuel burning device means a device that burns wood, coal, or any other nongaseous or nonliquid fuels, and includes any device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or commercial establishment, that has a heat input less than 1 million Btu per hour (0.29 MW).
(f) treated wood means wood of any species that has been chemically impregnated, painted, or similarly modified.