WSR 02-10-107

EXPEDITED RULES

DEPARTMENT OF ECOLOGY


[ Order 02-09 -- Filed April 30, 2002, 11:27 a.m. ]

Title of Rule: WAC 173-400-075 Emission standards for sources emitting hazardous air pollutants.

Purpose: This rule is intended to update the adoption by reference of national emission standards for hazardous air pollutants (NESHAPS), 40 C.F.R. 61 and appendices, 40 C.F.R. 63 and appendices, from July 1, 2000, to May 15, 2002.

Statutory Authority for Adoption: RCW 70.94.331.

Statute Being Implemented: Chapter 70.94 RCW.

Summary: This rule would update the adoption by reference of national emission standards for hazardous air pollutants (NESHAPS), 40 C.F.R. 61, from July 1, 2000, to May 15, 2002.

Reasons Supporting Proposal: This rule writing amounts to a federal mandate. Writing this rule should be less resource intensive than dealing with the complications that would arise from not writing it.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Todd, Headquarters, (360) 407-7528.

Name of Proponent: Washington Department of Ecology, Air Quality Program, governmental.

Rule is necessary because of federal law, 40 C.F.R. Part 63.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule is intended to update the adoption by reference of national emission standards for hazardous air pollutants (NESHAPS), 40 C.F.R. 61 and appendices and 40 C.F.R. 63 and appendices, from July 1, 2000, to May 15, 2002. This would adopt "MACT" procedural rules adopted by the United States Environmental Agency on April 5, 2002, and "MACT" standards amended or adopted by the EPA through May 15, 2002. The reason this is being with the expedited rule is deadlines that are in the federal rule making of April 5, 2002.

Proposal Changes the Following Existing Rules: This rule would update the adoption by reference of national emission standards for hazardous air pollutants (NESHAPS), 40 C.F.R. 61 and appendices and 40 C.F.R. 63 and appendices, from July 1, 2000, to May 15, 2002. This would adopt "MACT" procedural rules adopted by the United States Environmental Agency on April 5, 2002, and "MACT" standards amended or adopted by the EPA through May 15, 2002.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Agency Rules Coordinator, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504 , AND RECEIVED BY July 1, 2002.


April 30, 2002

Linda Hoffman

Deputy Director

OTS-5665.1


AMENDATORY SECTION(Amending Order 99-06, filed 8/15/01, effective 9/15/01)

WAC 173-400-075   Emission standards for sources emitting hazardous air pollutants.   (1) National emission standards for hazardous air pollutants (NESHAPs). 40 CFR Part 61 and Appendices in effect on ((February 20, 2001)) May 15, 2002, is adopted by reference. The term "administrator" in 40 CFR Part 61 includes the permitting agency.

(2) The permitting agency may conduct source tests and require access to records, books, files, and other information specific to the control, recovery, or release of those pollutants regulated under 40 CFR Parts 61, 63 and/or 65 in order to determine the status of compliance of sources of these contaminants and to carry out its enforcement responsibilities.

(3) Source testing, monitoring, and analytical methods for sources of hazardous air pollutants must conform with the requirements of 40 CFR Parts 61, 63 and/or 65.

(4) This section does not apply to any source operating under a waiver granted by EPA or an exemption granted by the president of the United States.

(5) Maximum achievable control technology (MACT) standards. MACT standards are officially known as National Emission Standards for Hazardous Air Pollutants for Source Categories.

(a) Adopt by reference.

(((i))) 40 CFR Part 63 and Appendices in effect on ((February 20, 2001)) May 15, 2002, is adopted by reference. Exceptions are listed in (5)(b) of this section.

(((ii) 40 CFR Part 63, subpart MM (kraft, soda, sulfite, and stand-alone semi-chemical pulp mills), in effect on March 13, 2001, is adopted by reference.))

The following list is provided for informational purposes:


Subpart A General Provisions
Subpart B Requirements for Control Technology Determinations for Major Sources According to Section 112(g) and 112(j) of the federal Clean Air Act
Subpart D Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants
Subpart F NESHAPs for the Synthetic Organic Chemical Manufacturing Industry (a/k/a HON)
Subpart G NESHAPs for the Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater
Subpart H NESHAPs for the Synthetic Organic Chemical Manufacturing Industry: Equipment Leaks
Subpart I NESHAPs for Processes Subject to the Negotiated Regulation for Equipment Leaks
Subpart L NESHAPs for Coke Oven Batteries: Charging, topside and door leaks
Subpart M NESHAP for PCE Dry-Cleaners - as it applies to major sources
Subpart N NESHAPs for Chromium Electroplating and Anodizing
Subpart O NESHAPs for Commercial Ethylene Oxide Sterilizers
Subpart Q NESHAPs for Industrial Process Cooling Towers
Subpart R NESHAPs for Gasoline Distribution/Marketing (stage 1)
Subpart S NESHAP for the Pulp and Paper Industry
Subpart T NESHAPs for Halogenated Solvent Cleaning Machines
Subpart U NESHAPs for Group I Polymers and Resins
Subpart W NESHAPs for Epoxy Resins Production and Non-Nylon Polyamides Production
Subpart X NESHAPs for the Secondary Lead Smelters
Subpart Y NESHAP for Marine Tank Vessel Loading Operations
Subpart AA NESHAP for Phosphoric Acid Manufacturing Plants
Subpart BB NESHAP for Phosphate Fertilizers Production Plants
Subpart CC NESHAPs for the Petroleum Refinery Industry
Subpart DD NESHAPs from Off-site Waste and Recovery Treatment Operation
Subpart EE NESHAPs for Magnetic Tape Manufacturing Operations
Subpart GG NESHAPs for the Aerospace Manufacturing and Rework Facilities
Subpart HH NESHAP for Oil and Natural Gas Production Facilities
Subpart II NESHAPs for Shipbuilding and Repair (surface coating)
Subpart JJ NESHAPs for Wood Furniture Manufacturing Operations
Subpart KK NESHAPs for Printing and Publishing Industry
Subpart LL NESHAP for Primary Aluminum Reduction Plants
Subpart MM NESHAP for Kraft, Soda, Sulfite, and Stand-Alone Semi-chemical Pulp Mills
Subpart OO NESHAPs for Tanks - Level 1
Subpart PP NESHAPs for Containers
Subpart QQ NESHAPs for Surface Impoundments
Subpart RR NESHAPs for Individual Drain Systems
Subpart SS NESHAP for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
Subpart TT NESHAP for Equipment Leaks - Control Level 1
Subpart UU NESHAP for Equipment Leaks - Control Level 2 Standards
Subpart VV NESHAPs for Oil-Water Separators and Organic Water Separators
Subpart WW NESHAP for Storage Vessels (Tanks) - Control Level 2
Subpart YY NESHAP for Source Categories: Generic MACT
Subpart CCC NESHAP for Steel Pickling - HCL Process Facilities and Hydrochloric Acid Regeneration Plants
Subpart DDD NESHAP for Mineral Wool Production
Subpart EEE NESHAP for Hazardous Waste Combustors
Subpart GGG NESHAP for Pharmaceuticals Production
Subpart HHH NESHAP from Natural Gas Transmission and Storage Facilities
Subpart III NESHAP for Flexible Polyurethane Foam Production
Subpart JJJ NESHAP for Group IV Polymers and Resins
Subpart LLL NESHAP from the Portland Cement Manufacturing Industry
Subpart MMM NESHAP for Pesticide Active Ingredient Production
Subpart NNN NESHAP for Wool Fiberglass Manufacturing
Subpart OOO NESHAP for Manufacture of Amino/Phenolic Resins
Subpart PPP NESHAP from Polyether Polyols Production
Subpart RRR NESHAP for Secondary Aluminum Production. Under WAC 173-401-300 (1)(d), area sources are deferred from the air operating permit regulation until December 4, 2004
Subpart TTT NESHAP for Primary Smelting
Subpart UUU NESHAP from petroleum refineries -- Catalytic Cracking (Fluid and Other) Units, Catalytic Reforming Units, and Sulfur Plants
Subpart VVV NESHAP from Publicly Owned Treatment Works
Subpart XXX NESHAP for Ferroalloys Production: Ferromanganese and Silicomanganese
Subpart CCCC NESHAP for Manufacturing of Nutritional Yeast
Subpart GGGG NESHAP Solvent Extraction for Vegetable Oil Production
Subpart HHHH NESHAP for Wet-Formed Fiberglass Mat Production
Subpart TTTT NESHAP for Leather Finishing Operations
Subpart VVVV
NESHAP for Boat Manufacturing
Appendix A Test Methods (((Amended 10/17/00)))
Appendix B Sources Defined for Early Reduction Provisions
Appendix C Determination of the Fraction Biodegraded in a Biological Treatment Unit
Appendix D Alternative Validation procedure for EPA Waste and Wastewater Methods
Appendix E Monitoring Procedures for Nonthoroughly Mixed Open Biological Treatment Systems at Kraft Pulp Mills Under Unsafe Sampling Conditions

(b) Exceptions to adopting 40 CFR Part 63 by reference.

(i) The term "administrator" in 40 CFR Part 63 includes the permitting agency.

(ii) The following subparts of 40 CFR Part 63 are not adopted by reference:

(A) Subpart C: List of Hazardous Air Pollutants, Petition Process, Lesser Quantity Designations, source Category List.

(B) Subpart E: Approval of State Programs and Delegation of Federal Authorities.

(C) Subpart M: National Perchloroethylene Emission Standards for Dry Cleaning Facilities as it applies to nonmajor sources.

(6) Consolidated requirements for the synthetic organic chemical manufacturing industry. 40 CFR Part 65, in effect on ((December 14, 2000)) July 1, 2001, is adopted by reference.

(7) Emission Standards for Perchloroethylene Dry Cleaners.

(a) Applicability.

(i) This section applies to all dry cleaning systems that use perchloroethylene (PCE). Table 1 divides dry cleaning facilities into 3 regulatory source categories by the type of equipment they use and the volume of PCE purchased. Each dry cleaning system must follow the applicable requirements in Table 1:

TABLE 1. PCE Dry Cleaner Source Categories

Dry cleaning facilities with: Small area source purchases less than: Large area source purchases between: Major source purchases more than:
(1) Only Dry-to-Dry Machines 140 gallons PCE/yr 140-2,100 gallons PCE/yr 2,100 gallons PCE/yr
(2) Only Transfer Machines 200 gallons PCE/yr 200-1,800 gallons PCE/yr 1,800 gallons PCE/yr
(3) Both Dry-to-Dry and Transfer Machines 140 gallons PCE/yr 140-1,800 gallons PCE/yr 1,800 gallons PCE/yr

(ii) Major sources. In addition to the requirements in this section, a dry cleaning system that is considered a major source according to Table 1 must follow the federal requirements for major sources in 40 CFR Part 63, Subpart M (in effect on July 1, ((2000)) 2001).

(b) Operations and maintenance record.

(i) Each dry cleaning facility must keep an operations and maintenance record that is available upon request.

(ii) The information in the operations and maintenance record must be kept on-site for five years.

(iii) The operations and maintenance record must contain the following information:

(A) Inspection: The date and result of each inspection of the dry cleaning system. The inspection must note the condition of the system and the time any leaks were observed.

(B) Repair: The date, time, and result of each repair of the dry cleaning system.

(C) Refrigerated condenser information. If you have a refrigerated condenser, enter this information:

(I) The air temperature at the inlet of the refrigerated condenser;

(II) The air temperature at the outlet of the refrigerated condenser;

(III) The difference between the inlet and outlet temperature readings; and

(IV) The date the temperature was taken.

(D) Carbon adsorber information. If you have a carbon adsorber, enter this information:

(I) The concentration of PCE in the exhaust of the carbon adsorber; and

(II) The date the concentration was measured.

(E) A record of the volume of PCE purchased each month must be entered by the first of the following month;

(F) A record of the total amount of PCE purchased over the previous twelve months must be entered by the first of each month;

(G) All receipts of PCE purchases; and

(H) A record of any pollution prevention activities that have been accomplished.

(c) General operations and maintenance requirements.

(i) Drain cartridge filters in their housing or other sealed container for at least twenty-four hours before discarding the cartridges.

(ii) Close the door of each dry cleaning machine except when transferring articles to or from the machine.

(iii) Store all PCE, and wastes containing PCE, in a closed container with no perceptible leaks.

(iv) Operate and maintain the dry cleaning system according to the manufacturer's specifications and recommendations.

(v) Keep a copy on-site of the design specifications and operating manuals for all dry cleaning equipment.

(vi) Keep a copy on-site of the design specifications and operating manuals for all emissions control devices.

(vii) Route the PCE gas-vapor stream from the dry cleaning system through the applicable equipment in Table 2:

TABLE 2. Minimum PCE Vapor Vent Control Requirements

Small area source Large area source Major source
Refrigerated condenser for all machines installed after September 21, 1993. Refrigerated condenser for all machines. Refrigerated condenser with a carbon adsorber for all machines installed after September 21, 1993.

(d) Inspection.

(i) The owner or operator must inspect the dry cleaning system at a minimum following the requirements in Table 3:

TABLE 3. Minimum Inspection Frequency

Small area source Large area source Major source
Once every 2 weeks. Once every week. Once every week.

(ii) An inspection must include an examination of these components for condition and perceptible leaks:

(A) Hose and pipe connections, fittings, couplings, and valves;

(B) Door gaskets and seatings;

(C) Filter gaskets and seatings;

(D) Pumps;

(E) Solvent tanks and containers;

(F) Water separators;

(G) Muck cookers;

(H) Stills;

(I) Exhaust dampers; and

(J) Cartridge filter housings.

(iii) The dry cleaning system must be inspected while it is operating.

(iv) The date and result of each inspection must be entered in the operations and maintenance record at the time of the inspection.

(e) Repair.

(i) Leaks must be repaired within twenty-four hours of detection if repair parts are available.

(ii) If repair parts are unavailable, they must be ordered within two working days of detecting the leak.

(iii) Repair parts must be installed as soon as possible, and no later than five working days after arrival.

(iv) The date and time each leak was discovered must be entered in the operations and maintenance record.

(v) The date, time, and result of each repair must be entered in the operations and maintenance record at the time of the repair.

(f) Requirements for systems with refrigerated condensers. A dry cleaning system using a refrigerated condenser must meet all of the following requirements:

(i) Outlet air temperature.

(A) Each week the air temperature sensor at the outlet of the refrigerated condenser must be checked.

(B) The air temperature at the outlet of the refrigerated condenser must be less than or equal to 45F (7.2C) during the cool-down period.

(C) The air temperature must be entered in the operations and maintenance record manual at the time it is checked.

(D) The air temperature sensor must meet these requirements:

(I) An air temperature sensor must be permanently installed on a dry-to-dry machine, dryer or reclaimer at the outlet of the refrigerated condenser. The air temperature sensor must be installed by September 23, 1996, if the dry cleaning system was constructed before December 9, 1991.

(II) The air temperature sensor must be accurate to within 2F (1.1C).

(III) The air temperature sensor must be designed to measure at least a temperature range from 32F (0C) to 120F (48.9C); and

(IV) The air temperature sensor must be labeled "RC outlet."

(ii) Inlet air temperature.

(A) Each week the air temperature sensor at the inlet of the refrigerated condenser installed on a washer must be checked.

(B) The inlet air temperature must be entered in the operations and maintenance record at the time it is checked.

(C) The air temperature sensor must meet these requirements:

(I) An air temperature sensor must be permanently installed on a washer at the inlet of the refrigerated condenser. The air temperature sensor must be installed by September 23, 1996, if the dry cleaning system was constructed before December 9, 1991.

(II) The air temperature sensor must be accurate to within 2F (1.1C).

(III) The air temperature sensor must be designed to measure at least a temperature range from 32F (0C) to 120F (48.9C).

(IV) The air temperature sensor must be labeled "RC inlet."

(iii) For a refrigerated condenser used on the washer unit of a transfer system, the following are additional requirements:

(A) Each week the difference between the air temperature at the inlet and outlet of the refrigerated condenser must be calculated.

(B) The difference between the air temperature at the inlet and outlet of a refrigerated condenser installed on a washer must be greater than or equal to 20F (11.1C).

(C) The difference between the inlet and outlet air temperature must be entered in the operations and maintenance record each time it is checked.

(iv) A converted machine with a refrigerated condenser must be operated with a diverter valve that prevents air drawn into the dry cleaning machine from passing through the refrigerated condenser when the door of the machine is open;

(v) The refrigerated condenser must not vent the air-PCE gas-vapor stream while the dry cleaning machine drum is rotating or, if installed on a washer, until the washer door is opened; and

(vi) The refrigerated condenser in a transfer machine may not be coupled with any other equipment.

(g) Requirements for systems with carbon adsorbers. A dry cleaning system using a carbon adsorber must meet all of the following requirements:

(i) Each week the concentration of PCE in the exhaust of the carbon adsorber must be measured at the outlet of the carbon adsorber using a colorimetric detector tube.

(ii) The concentration of PCE must be written in the operations and maintenance record each time the concentration is checked.

(iii) If the dry cleaning system was constructed before December 9, 1991, monitoring must begin by September 23, 1996.

(iv) The colorimetric tube must meet these requirements:

(A) The colorimetric tube must be able to measure a concentration of 100 parts per million of PCE in air.

(B) The colorimetric tube must be accurate to within 25 parts per million.

(C) The concentration of PCE in the exhaust of the carbon adsorber must not exceed 100 ppm while the dry cleaning machine is venting to the carbon adsorber at the end of the last dry cleaning cycle prior to desorption of the carbon adsorber.

(v) If the dry cleaning system does not have a permanently fixed colorimetric tube, a sampling port must be provided within the exhaust outlet of the carbon adsorber. The sampling port must meet all of these requirements:

(A) The sampling port must be easily accessible;

(B) The sampling port must be located 8 stack or duct diameters downstream from a bend, expansion, contraction or outlet; and

(C) The sampling port must be 2 stack or duct diameters upstream from a bend, expansion, contraction, inlet or outlet.

[Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, [70.94.]152, [70.94.]331, [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), 173-400-075, filed 8/15/01, effective 9/15/01. Statutory Authority: [RCW 70.94.331, 70.94.510 and chapter 70.94 RCW.] 00-23-130 (Order 98-27), 173-400-075, filed 11/22/00, effective 12/23/00. Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331. 98-15-129 (Order 98-04), 173-400-075, filed 7/21/98, effective 8/21/98. Statutory Authority: Chapter 70.94 RCW. 96-19-054 (Order 94-35), 173-400-075, filed 9/13/96, effective 10/14/96; 93-05-044 (Order 92-34), 173-400-075, filed 2/17/93, effective 3/20/93; 91-05-064 (Order 90-06), 173-400-075, filed 2/19/91, effective 3/22/91. Statutory Authority: RCW 70.94.331, 70.94.395 and 70.94.510. 85-06-046 (Order 84-48), 173-400-075, filed 3/6/85. Statutory Authority: Chapter 70.94 RCW. 84-10-019 (Order DE 84-8), 173-400-075, filed 4/26/84. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), 173-400-075, filed 4/15/83. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), 173-400-075, filed 8/20/80. Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 (Order DE 78-21), 173-400-075, filed 5/8/79; Order DE 76-38, 173-400-075, filed 12/21/76. Formerly WAC 18-04-075.]

Washington State Code Reviser's Office