WSR 99-15-090

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed July 21, 1999, 9:52 a.m. ]

Original Notice.

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

Title of Rule: Amend Regulation I - Sections 1.01, 1.03, 1.05, 1.07, 3.01, 3.03, 7.03, 8.07, 8.08, 13.01; Regulation II - Sections 1.01, 1.02, 1.03, 1.05; and Regulation III - Section 1.02.

Purpose: To update the regulations with the agency's new name.

Other Identifying Information: Regulation I: Article 1 - Policy, Short Title, and Definitions; Article 3 - General Provisions; Article 7 - Operating Permits; Article 8 - Outdoor Fires; Article 13 - Solid Fuel Burning Device Standards. Regulation II: Article 1 - Purpose, Policy, Short Title, and Definitions. Regulation III: Article 1 - General Requirements.

Statutory Authority for Adoption: RCW 70.94.

Statute Being Implemented: RCW 70.94.141.

Summary: Our agency board of directors has elected to change the name of the agency from Puget Sound Air Pollution Control Agency to Puget Sound Clean Air Agency.

Reasons Supporting Proposal: This is a technical change to update our regulations with the new name of the agency.

Name of Agency Personnel Responsible for Drafting: Lynn Hughes, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4067; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4078.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal would update the regulations with the new name of the agency.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under RCW 19.85. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Puget Sound Clean Air Agency Offices, 110 Union Street, #500, Seattle, WA 98101, on September 9, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by September 2, 1999, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by August 30, 1999.

Date of Intended Adoption: September 9, 1999.

July 20, 1999

David S. Kircher

Manager - Engineering

AMENDATORY SECTION


REGULATION I SECTION 1.01 POLICY


The Puget Sound ((Air Pollution Control)) Clean Air Agency, consisting of the counties of Pierce, King, Snohomish and Kitsap, having been activated by the Washington Clean Air Act, RCW 70.94, adopts the following Regulation to control the emission of air contaminants from all sources within the jurisdiction of the Agency, to provide for the uniform administration and enforcement of this Regulation, and to carry out the requirements and purposes of the Washington Clean Air Act and the Federal Clean Air Act.

It is hereby declared to be the public policy of the Puget Sound ((Air Pollution Control)) Clean Air Agency to secure and maintain such levels of air quality as will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and to property, foster the comfort and convenience of its inhabitants, seek public participation in policy planning and implementation, promote the economic and social development of the Puget Sound area and facilitate the enjoyment of the natural attractions of the Puget Sound area.

AMENDATORY SECTION


REGULATION I SECTION 1.03 NAME OF AGENCY


The name of the multicounty a((A))ir p((P))ollution c((C))ontrol a((A))gency 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)) Clean Air Agency" or "Agency ((PSAPCA))".

AMENDATORY SECTION


REGULATION I SECTION 1.05 SHORT TITLE


This Regulation may be known and cited as "Regulation I of the Puget Sound ((Air Pollution Control)) Clean Air Agency".

AMENDATORY SECTION


REGULATION I SECTION 1.07 DEFINITIONS


When used herein:

(a) 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.

(b) AGENCY means the Puget Sound ((Air Pollution Control)) Clean Air Agency.

(c) AIR CONTAMINANT means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.

(d) 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 RCW 17.21, the Washington Pesticide Application Act, which regulates the application and control of the use of various pesticides.

(e) 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.

(f) AMBIENT AIR means the portion of the atmosphere, external to buildings, to which the general public has access.

(g) 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.

(h) BOARD means the Board of Directors of the Puget Sound ((Air Pollution Control)) Clean Air Agency.

(i) COMBUSTIBLE REFUSE means solid or liquid combustible waste material.

(j) 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.

(k) CONTROL EQUIPMENT means any device which prevents or controls the emission of any air contaminant.

(l) CONTROL OFFICER means the Air Pollution Control Officer of the Puget Sound ((Air Pollution Control)) Clean Air Agency.

(m) EMISSION means a direct or indirect release of any air contaminant into the ambient air.

(n) EMISSION STANDARD means a requirement established under the Federal Clean Air Act (FCAA) or RCW 70.94 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 RCW 70.94.

(o) EQUIPMENT means any stationary or portable device or any part thereof that emits or may emit any air contaminant into the atmosphere.

(p) 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.

(q) FUEL BURNING EQUIPMENT means equipment that produces hot air, hot water, steam, or other heated fluids by external combustion of fuel.

(r) 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.

(s) FUGITIVE EMISSION means an emission that does not pass and that could not reasonably pass through a stack, chimney, or other functionally equivalent opening.

(t) GASOLINE means a volatile organic compound having a true vapor pressure greater than 1.5 pounds per square inch (10.3 kPa) at 68°F (20°C), that is a liquid at a temperature of 68°F (20°C) and a barometric pressure of 29.92 inches of mercury (101.325 kPa), and is used as a fuel for internal combustion engines.

(u) GASOLINE STATION means any site dispensing gasoline into fuel tanks of motor vehicles, marine vessels, or aircraft from stationary storage tanks.

(v) HAZARDOUS AIR POLLUTANT means any air pollutant listed in or pursuant to section 112(b) of the federal Clean Air Act, 42 U.S.C. §7412.

(w) 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.

(x) 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.

(y) 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:


Air Contaminant Tons/Year
Carbon Monoxide 100.0
Volatile Organic Compounds 40.0
Nitrogen Oxides 40.0
PM10 15.0
Sulfur Dioxide 40.0
Lead 0.6

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.)

(z) 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 been used.

(aa) MAJOR SOURCE OF HAZARDOUS AIR POLLUTANTS means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the U.S. EPA Administrator establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this sentence.

(bb) MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY EMISSION LIMITATION FOR NEW SOURCES means the emission limitation that is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and that reflects the maximum degree of reduction in emissions that the Agency, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source.

(cc) 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.

(dd) 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.

(ee) 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.

(ff) NONATTAINMENT AREA means a geographic area designated by the United States Environmental Protection Agency that violates a primary or secondary national ambient air quality standard.

(gg) OWNER OR OPERATOR means the person who owns, leases, supervises, or operates the equipment or control equipment.

(hh) 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 a temperature of 68°F (20°C) and a barometric pressure of 29.92 inches of mercury (101.325 kPa).

(ii) PERSON means and includes any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or governmental agency.

(jj) 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.

(kk) 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 enforceable.

(ll) 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 controls.

(mm) REFUSE BURNING EQUIPMENT means equipment employed to burn any solid or liquid combustible refuse.

(nn) SOURCE means a building, structure, equipment, control equipment, or facility that emits or may emit any air contaminant into the atmosphere.

(oo) STANDARD CONDITIONS means a temperature of 68°F and a barometric pressure of 29.92 inches of mercury.

(pp) 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.

(qq) TOXIC AIR CONTAMINANT or TAC means an air contaminant listed in Appendix A of Regulation III.

(rr) TRUE VAPOR PRESSURE means the equilibrium partial pressure of an organic liquid (determined by methods described in American Petroleum Institute Bulletin 2517, "Evaporative Loss from External Floating Roof Tanks", May 1996).

(ss) 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.

(tt) 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 1, 1998.


AMENDATORY SECTION


REGULATION I SECTION 3.01 DUTIES AND POWERS OF THE CONTROL OFFICER


Pursuant to the provisions of the "Washington Clean Air Act" ( RCW 70.94), the Board has appointed a Control Officer whose sole responsibility is to observe and enforce the provisions of the Act and all orders, rules, and regulations pursuant thereto, including but not limited to Regulations I, II, and III of the Puget Sound ((Air Pollution Control)) Clean Air Agency. The Control Officer is empowered by the Board to sign official complaints, issue citations, initiate court suits, or use other legal means to enforce the provisions of the Act.

AMENDATORY SECTION


REGULATION I SECTION 3.03 GENERAL REGULATORY ORDERS


(a) Purpose. The Board may, by regulatory order, apply to a specific source or sources any applicable provision of RCW 70.94 or the rules adopted thereunder.

(b) Public Involvement Process. The Board may issue a regulatory order after the following public involvement process has been completed:

(1) Public notice of the proposed order shall be published in a newspaper of general circulation in the area where the source that is the subject of the order is located. Notice shall also be sent to the U.S. Environmental Protection Agency Regional Administrator. The public notice shall include, at a minimum, the following information:

(A) The name and address of the owner or operator and the source;

(B) A brief description of the purpose of the proposed order and the requirements included in the proposed order;

(C) The deadline for submitting written comments to the Agency ((PSAPCA)); and

(D) The opportunity for a public hearing if the Agency ((PSAPCA)) determines that there is significant public interest in the proposed order.

(2) The initial public comment period shall be at least 30 days.

(3) During the initial 30-day public comment period, any person may request a public hearing be held. Any such request shall be submitted in writing to the Agency, shall indicate the interest of the entity filing it, and describe why a hearing is warranted. The Agency may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held before a hearing officer and upon such notice and at a time and place as the Agency deems reasonable. The hearing officer shall hear testimony at the public hearing and prepare a written summary of the testimony received at the hearing. The Agency shall provide at least 30 days prior notice of any hearing. If a public hearing is held, the public comment period shall extend through the hearing date.

(c) Board Action. The Board shall only issue an order under this section after:

(1) The public comment period has ended;

(2) Any public hearing scheduled has been held; and

(3) The Board has considered all information and data related to the proposed order received by the Agency ((PSAPCA)), including all written comments received and any summary of testimony prepared by the hearing officer.

The Board shall take action on a proposed order at a Board meeting. Unless otherwise ordered by the Board, an order issued under this section shall be effective on the date the Board approves the order.

(d) Appeals. Orders issued by the Board under this section may be appealed to the Pollution Control Hearings Board pursuant to Section 3.17 of Regulation I and RCW 43.21B.310.

(e) Fees. The Agency shall assess a fee of $1,000.00 to cover the costs of processing and issuing a general regulatory order under this section. The Agency shall also assess a fee equal to the cost of providing public notice in accordance with Section 3.03(b) of this regulation. These fees shall be due and payable within 30 days of the date of the invoice and shall be deemed delinquent if not fully paid within 90 days of the invoice.

AMENDATORY SECTION


REGULATION I SECTION 7.03 APPLICABILITY


The provisions of this article apply to all Chapter 401 sources subject to the requirements of WAC 173-401 and shall become effective 90 days after the EPA authorizes Puget Sound ((Air Pollution Control)) Clean Air Agency to issue operating permits under the federal Clean Air Act.

AMENDATORY SECTION


REGULATION I SECTION 8.07 FIRE EXTINGUISHER TRAINING


(a) Applicability. This section applies to small, short-duration fires for teaching the proper use of hand-held fire extinguishers.

(b) General Requirements. Hand-held fire extinguisher training may be conducted provided the following requirements are met:

(1) Training shall not occur during any stage of an air pollution episode or period of impaired air quality;

(2) Flammable or combustible materials used during the fire extinguisher training shall be limited to:

(A) Less than 2 gallons of clean kerosene or diesel fuel oil per training exercise, provided that gasoline or gasoline mixed with diesel or kerosene may be used only by local fire departments, fire marshals, or fire districts;

(B) As much gaseous fuel (propane or natural gas) as required for the training exercise; or

(C) Less than 0.5 cubic yards of clean, solid combustible materials per training exercise. Examples of solid combustible materials are seasoned wood, untreated scrap lumber, and unused computer paper.

(3) All training must be conducted by local fire officials or a qualified instructor. Instructor qualifications and a training plan must be available to the Agency ((PSAPCA)) upon request;

(4) Prior to the training, the person(s) conducting the exercise must notify the local fire department, fire marshal, or fire district and must meet all applicable local ordinances and permitting requirements; and

(5) Person(s) conducting hand-held fire extinguisher training shall be responsible for responding to citizen inquiries and resolving citizen complaints caused by the training activity.

AMENDATORY SECTION


REGULATION I SECTION 8.08 FIRE DEPARTMENT TRAINING EXERCISES


(a) Applicability. This section applies to structural fires set by fire departments, fire marshals, vocational schools, or fire districts for training fire fighters under realistic conditions.

(b) General Requirements. Fire departments, fire marshals, vocational schools, or fire districts may conduct structural fire training provided all of the following requirements are met:

(1) The fire training shall not occur during any stage of an air pollution episode or period of impaired air quality;

(2) Before the training begins, the fire department, fire marshal, vocational school, or fire district conducting the training fire must have submitted to the Agency ((PSAPCA)) a copy of the asbestos survey for the structure, and a completed Agency ((PSAPCA)) Asbestos/Demolition Notification form indicating all asbestos has been removed from the structure prior to training;

(3) The fire department, fire marshal, vocational school, or fire district conducting the fire training must have a fire-training plan available to the Agency ((PSAPCA)) upon request, and the purpose of the structural fire must be to train fire fighters;

(4) Composition roofing, asphalt roofing shingles, asphalt siding materials, miscellaneous debris from inside the structure, carpet, linoleum, and floor tile must not be burned. These materials must be lawfully removed from the structure and disposed of in a lawful manner prior to the training exercise;

(5) Nuisance complaints or citizen inquiries relating to any training fire shall be resolved by the fire departments, fire marshals, vocational schools, or fire districts conducting the training fire; and

(6) The fire departments, fire marshals, vocational schools, or fire districts conducting the training fire shall obtain any permits, licenses, or other approvals required by any entity for such training fires. All permits, licenses, and approvals must be kept on-site and available for inspection.

AMENDATORY SECTION


REGULATION I SECTION 13.01 POLICY AND PURPOSE


The Board of Directors of the Puget Sound ((Air Pollution Control)) Clean Air Agency declares it to be the public policy of the Agency to control and reduce air pollution caused by woodstove emissions. It is the Agency's policy to reduce woodstove emissions by encouraging the continued efforts to educate the public about the effects of woodstove emissions, other heating alternatives, and the desirability of achieving better emission performance and heating efficiency from woodstoves pursuant to the emissions performance standards as adopted by the Department of Ecology. It is further the policy of the Board to encourage the replacement of uncertified woodstoves with cleaner sources of heat.

The Board encourages cities, towns and counties within its jurisdiction to adopt woodsmoke control programs including enhanced public education and abatement ordinances and assist in the enforcement of this Regulation during declared air quality episodes and periods of impaired air quality. Nothing in this Regulation shall be construed to impair the right of any city, town or county to adopt and enforce woodsmoke abatement ordinances.

AMENDATORY SECTION


REGULATION II SECTION 1.01 PURPOSE


The Puget Sound ((Air Pollution Control)) Clean Air Agency, consisting of the counties of King, Kitsap, Pierce, and Snohomish, having been activated by the Washington Clean Air Act, RCW 70.94, adopted Regulation I on March 13, 1968 to control the emission of air contaminants from all sources, to provide for the uniform administration and enforcement of air pollution control in its jurisdiction, and to carry out the requirements and purposes of the Washington Clean Air Act.

The Board of Directors of the Puget Sound ((Air Pollution Control)) Clean Air Agency has amended Regulation I from time to time as necessary and now recognizes the need for a special regulation to reduce ozone concentrations as required by the Federal Clean Air Act as amended. Accordingly, the Board has adopted Regulation II to provide for control of photochemically reactive volatile organic compounds (VOC), which are precursors to ozone, to meet the National Ambient Air Quality Standard for ozone.


AMENDATORY SECTION


REGULATION II SECTION 1.02 POLICY


The Puget Sound ((Air Pollution Control)) Clean Air Agency hereby reaffirms its public policy as defined in Section 1.01 of Regulation I and further asserts its intent to secure and maintain control of emissions of volatile organic compounds to the extent needed to attain and maintain the National Ambient Air Quality Standard for ozone, and minimize the emission of stratospheric ozone depleting and toxic organic compounds, thus protecting the health and welfare of the people of the central Puget Sound region.

It is therefore the policy of the Board that water-based, high solids, or powder coatings and water-based cleaning materials are preferred to be used to comply with this regulation. The substitution of negligibly reactive VOCs for photochemically reactive VOCs shall not be an accepted method of compliance.

AMENDATORY SECTION


REGULATION II SECTION 1.03 SHORT TITLE


This regulation may be known and cited as "Regulation II of the Puget Sound ((Air Pollution Control)) Clean Air Agency".

AMENDATORY SECTION


REGULATION II SECTION 1.05 SPECIAL DEFINITIONS


When used in Regulation II of the Puget Sound ((Air Pollution Control)) Clean Air Agency:

(a) AEROSPACE COMPONENT means the fabricated part, assembly of parts, or completed unit of any aircraft, helicopter, missile or space vehicle.

(b) ANTIGLARE/SAFETY COATING means a coating that does not reflect light.

(c) BOTTOM LOADING means the filling of a tank through a line entering the bottom of the tank.

(d) BULK GASOLINE PLANT means a gasoline storage and transfer facility that receives more than 90% of its annual gasoline throughput by transport tank, and reloads gasoline into transport tanks.

(e) CAMOUFLAGE COATING means a coating applied on motor vehicles to conceal such vehicles from detection.

(f) COLOR MATCH means the ability of a repair coating to blend into an existing coating so that color difference is not visible.

(g) COMMERCIAL AEROSPACE PRIMER means BMS 10-11, Type I.

(h) COMMERCIAL AEROSPACE TOPCOAT means BMS 10-11, Type II.

(i) CUTBACK ASPHALT means an asphalt that has been blended with more than 7% petroleum distillates by weight.

(j) EXTREME PERFORMANCE COATING means any coating used on the surface of a Group II vehicle, mobile equipment or their parts or components that during intended use is exposed to industrial grade detergents, cleaners or abrasive scouring agents or extreme environmental conditions as determined by the Control Officer.

(k) FLEXOGRAPHIC PRINTING means the application of words, designs and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.

(l) GASOLINE means a volatile organic compound having a true vapor pressure greater than 10.5 kilopascals (kPa) (1.5 pounds per square inch absolute - psia) at 20°C temperature, that is a liquid at standard conditions of 102.9 kPa (14.7 psi) and 20°C, and is used as a fuel for internal combustion engines.

(m) GASOLINE LOADING TERMINAL means a gasoline transfer facility that receives more than 10% of its annual gasoline throughput solely or in combination by pipeline, ship or barge, and loads gasoline into transport tanks.

(n) GELCOAT means a polyester resin surface coating that provides a cosmetic enhancement and improves resistance to degradation from exposure to the environment.

(o) GROUP I VEHICLES means passenger cars, large/heavy-duty truck cabs and chassis (>10,000 pounds gross vehicle weight), light- and medium-duty trucks and vans (<10,000 pounds gross vehicle weight), and motorcycles.

(p) GROUP II VEHICLES means public transit buses.

(q) METALLIC/IRIDESCENT TOPCOAT means any coating that contains more than 5 grams per liter (0.042 lb/gal) of metal or iridescent particles, as applied, where such particles are visible in the dried film.

(r) MILITARY AEROSPACE PRIMER means the current version of MIL-P-85582.

(s) MILITARY AEROSPACE TOPCOAT means the current version of MIL-C-85285.

(t) MOBILE EQUIPMENT means any equipment that may be drawn or is capable of being driven on a roadway, including, but not limited to, truck bodies, truck trailers, utility bodies, camper shells, mobile cranes, bulldozers, street cleaners, golf carts and implements of husbandry.

(u) PACKAGING ROTOGRAVURE PRINTING means rotogravure printing upon paper, paper board, metal foil, plastic film, and other substrates, that are, in subsequent operations, formed into packaging products and labels for articles to be sold.

(v) PETROLEUM REFINERY means a facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products by distilling crude oils or redistilling, cracking, extracting or reforming unfinished petroleum derivatives.

(w) PETROLEUM SOLVENT means organic material produced by petroleum distillation comprising a hydrocarbon range of 8 to 12 carbon atoms that exists as a liquid under standard conditions, frequently called "Stoddard" solvent.

(x) POLYESTER RESIN means a group of synthetic resins containing ethylenic unsaturation and capable of undergoing free radical polymerization with styrene monomer.

(y) PRECOAT means any coating that is applied to bare metal primarily to deactivate the metal surface for corrosion resistance to a subsequent water-based primer.

(z) PRETREATMENT WASH PRIMER means any coating that contains a minimum of 0.5% acid by weight, is necessary to provide surface etching and is applied directly to bare metal surfaces to provide corrosion resistance and adhesion.

(aa) PRIMER means a coating applied directly to a component for purposes of corrosion protection, protection from the environment, functional fluid resistance and adhesion of subsequent coatings.

(bb) PRIMER SEALER means any coating applied prior to the application of a topcoat for the purpose of corrosion resistance, adhesion of the topcoat, color uniformity, and to promote the ability of an undercoat to resist penetration by the topcoat.

(cc) PRIMER SURFACER means any coating applied prior to the application of topcoat for the purpose of corrosion resistance, adhesion of the topcoat, and that promotes a uniform surface by filling in surface imperfections.

(dd) PROCESS UNIT means all the equipment essential to a particular production process.

(ee) PUBLICATION ROTOGRAVURE PRINTING means rotogravure printing upon paper that is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements and other types of printed materials.

(ff) ROTOGRAVURE PRINTING means the application of ink to a substrate by means of a roll printing technique that involves an intaglio or recessed image areas in the form of cells.

(gg) SOLVENT RECOVERY DRYER means a dry cleaning dryer that employs a condenser to liquify and recover solvent vapors evaporated in a closed-loop, recirculating stream of heated air.

(hh) SPECIALTY COATINGS are coatings that are necessary due to unusual job performance requirements. Said coatings include, but are not limited to, adhesion promoters, uniform finish blenders, elastomeric materials, gloss flatteners, bright metal trim repair, and antiglare/safety coatings.

(ii) SUBMERGED FILL LINE means any discharge pipe or nozzle that meets either of the following conditions:

(1) Where the tank is filled from the top, the end of the discharge pipe or nozzle must be totally submerged when the liquid level is 6" from the bottom of the tank; or

(2) Where the tank is filled from the side, the discharge pipe or nozzle must be totally submerged when the liquid level is 18" from the bottom of the tank.

(jj) TEMPORARY PROTECTIVE COATING means a coating applied to an aerospace component to protect it from mechanical and environmental damage during manufacturing.

(kk) TOPCOAT means a coating applied over a primer or directly to a component primarily for purposes of appearance or identification.

(ll) TOUCHUP means the portion of the operation that is necessary to cover minor imperfections.

(mm) TRANSPORT TANK means a container with a capacity greater than 1,000 liters (264 gallons) used for transporting gasoline, including but not limited to, tank truck, tank trailer, railroad car, and metallic or nonmetallic tank or cell conveyed on a flatbed truck, trailer, or railroad car.

(nn) TRUE VAPOR PRESSURE means the equilibrium partial pressure of an organic liquid (determined with methods described in American Petroleum Institute Bulletin 2517, "((Evaporation)) Evaporative Loss from External Floating Roof Tanks", May ((1994)) 1996).

(oo) TURNAROUND means the shutting down and starting up of process units for periodic maintenance and repair of equipment, or other planned purpose.

(pp) VAPOR RECOVERY SYSTEM means a process that prevents emission to the atmosphere of volatile organic compounds released by the operation of any transfer, storage, or process equipment.

AMENDATORY SECTION


REGULATION III SECTION 1.02 SHORT TITLE


This Regulation may be known and cited as "Regulation III of the Puget Sound ((Air Pollution Control)) Clean Air Agency".