WSR 11-22-109

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed November 2, 2011, 10:06 a.m. ]

Original Notice.

Proposal is exempt under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Adopt Regulation I, Section 9.18 (Crushing Operations).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on December 15, 2011, at 8:45 a.m.

Date of Intended Adoption: December 15, 2011.

Submit Written Comments to: Rob Switalski, Puget Sound Clean Air Agency, 1904 3rd Avenue, #105, Seattle, WA 98101, e-mail robs@pscleanair.org, fax (206) 343-7522, by December 14, 2011.

Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by December 8, 2011, TTY (800) 833-6388 or (800) 833-6385 (Braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Provide emission performance standards that apply to all rock crushing operations.

Reasons Supporting Proposal: Clarify the emission performance requirements for rock crushing operations in the Puget Sound Clean Air Agency jurisdiction and provide a simplified and streamlined manner of administering these requirements.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

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

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

Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4052; Implementation and Enforcement: Laurie Halvorson, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4030.

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

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

November 2, 2011

Craig Kenworthy

Executive Director

NEW SECTION


REGULATION I, SECTION 9.18 CRUSHING OPERATIONS


(a) This section shall apply to all equipment processing nonmetallic minerals located at a source crushing nonmetallic minerals as defined in 40 CFR 60.671.

(b) General Requirements. It shall be unlawful for any person subject to the provisions of this section to cause or allow the emission of any air contaminant in excess of the following emission limits:

(1) The visible emission limits in (A), (B), and (C) are applicable for any period or periods aggregating more than 3 minutes in any one hour.

(A) Each grinding mill, screening operation, bucket elevator, transfer points on belt conveyors, bagging operation, storage bin, enclosed truck or railcar loading station equipped with an operating water spray control equipment shall not exhibit greater than 7 percent opacity.

(B) Each crusher equipped with operating water spray control equipment shall not exhibit greater than 12 percent opacity.

(C) Each crusher, grinding mill, screening operation, bucket elevator, transfer points on belt conveyors, bagging operation, storage bin, enclosed truck or railcar loading station exhausting particulate through a stack equipped with an operating fabric filter or operating wet scrubber exhaust shall not exhibit greater than 7 percent opacity.

(2) Each crusher, grinding mill, screening operation, bucket elevator, transfer points on belt conveyors, bagging operation, storage bin, enclosed truck or railcar loading station exhausting particulate through a stack shall meet a particulate matter limit of 0.01 grains per dry standard cubic foot of exhaust.

(3) Each crusher, grinding mill, screening operation, bucket elevator, transfer point on a conveyor belt, bagging operation, storage bin, enclosed truck or railcar loading station not equipped with operating control equipment (either water sprays, fabric filter, or wet scrubber) shall not exhibit visible emissions.

(4) For the purpose of determining compliance with Section 9.18 (b)(1)(A) and Section 9.18 (b)(3), transfer points on belt conveyors shall be considered equipped with operating water sprays if the nearest upstream crusher, grinding mill, screening operation, bucket elevator, transfer point on a conveyor belt, or storage bin, is equipped with properly operating water spray control equipment.

(c) Testing conducted to verify compliance with the requirements of this section shall be performed in accordance with the Puget Sound Clean Air Agency Regulation I, Section 3.07.

(d) Compliance with Other Regulations. Compliance with this regulation does not exempt any person from compliance with Regulation I, Sections 9.03, 9.11, 9.15 and all other applicable regulations including those of other agencies.

Washington State Code Reviser's Office