WSR 98-15-142

PROPOSED RULES

SOUTHWEST AIR POLLUTION

CONTROL AUTHORITY

[Filed July 22, 1998, 9:55 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-12-010.

Title of Rule: SWAPCA 400 - General Regulations for Air Pollution Sources.

SWAPCA 400-030 Definitions, the purpose of this section is to provide definitions for commonly used words or phrases in the rest of the regulation.

SWAPCA 400-040 General Standards for Maximum Emissions, the purpose of this section is to provide a minimum set of air emission standards for all sources.

SWAPCA 400-052 Stack Sampling of Major Combustion Sources, the purpose of this section is to provide a minimum set of air emission standards for sampling emissions from major combustion sources.

SWAPCA 400-060 Emission Standards for General Process Units, the purpose of this section is to provide a minimum set of air emission standards for general process units.

SWAPCA 400-070 Emission Standards for Certain Source Categories, the purpose of this section is to provide a minimum set of air emission standards for sampling emissions from certain defined source categories and activities.

SWAPCA 400-075 Emission Standards for Sources Emitting Hazardous Air Pollutants, the purpose of this section is to adopt by reference the federal standards relating to hazardous air pollutant standards referred to generally as the MACT standards.

SWAPCA 400-076 Emission Standards for Sources Emitting Toxic Air Pollutants, the purpose of this section is to provide a reference to the toxic air pollutant rule and describe the permitting process.

SWAPCA 400-091 Voluntary Limits on Emissions, the purpose of this section is to provide a mechanism and process for sources to request a voluntary limit on emissions from their sources.

Purpose: See above.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: RCW 70.94.141.

Summary: SWAPCA 400-030 Definitions, this section is the placeholder for definitions of words and phrases used throughout SWAPCA 400. Most definitions are identical to the federal definitions.

SWAPCA 400-040 General Standards for Maximum Emissions, this section contains the visible emission standard of 20% opacity, and other limits for fallout, fugitive emissions, odors, emissions detrimental to persons or property, sulfur dioxide, concealment and masking and fugitive dust sources.

SWAPCA 400-052 Stack Sampling of Major Combustion Sources, this section contains requirements for stack sampling of major combustion sources every two years to assist with preparation of the emission inventory which is submitted to EPA each year by SWAPCA.

SWAPCA 400-060 Emission Standards for General Process Units, this section identifies the maximum emission standard of 0.1 grains per dry standard cubic feet of exhaust gas for any general process operation.

SWAPCA 400-070 Emission Standards for Certain Source Categories, this section [provides] additional emission standards and requirements for certain source categories including wigwam burners, hog fuel boilers, orchard heaters, catalytic cracking units, sulfuric acid plants, gasoline dispensing facilities, dry cleaning facilities and abrasive blasting operations.

SWAPCA 400-075 Emission Standards for Sources Emitting Hazardous Air Pollutants, this section adopts the federal standards for sources emitting hazardous air pollutants contained in 40 CFR part 61 and part 63 by reference (MACT standards) as requirements for sources in SWAPCA jurisdiction for local implementation and enforcement.

SWAPCA 400-076 Emission Standards for Sources Emitting Toxic Air Pollutants, this section describes general requirements for toxic pollutant emission sources and provides a reference to the toxics rule chapter 173-460 WAC which is adopted by reference by SWAPCA under separate rule making.

SWAPCA 400-091 Voluntary Limits on Emissions, this section provides the authority and describes the process for a source to request a voluntary limit on emissions. This section provides the ability to have a federally enforceable emission limit to keep out of the Title 5 Operating Permit program.

Reasons Supporting Proposal: See above.

Name of Agency Personnel Responsible for Drafting and Implementation: Paul Mairose, Southwest Air Pollution

Control Authority, 1308 N.E. 134th Street, Vancouver, WA, (360) 374-3058 [574-3058]; and Enforcement: Robert D. Elliott, Southwest Air Pollution Control Authority, 1308 N.E. 134th Street, Vancouver, WA, (360) 574-3058.

Name of Proponent: Southwest Air Pollution Control Authority, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: SWAPCA 400-030 Definitions, this is an existing section. Proposed changes include adding more language to the definition of "air contaminant" to include "criteria pollutant"; updating dates of adoption for references to existing federal rules; adding a new definition for "PM2.5" and "pollutant"; and adding additional substances to the exempt list of items for the definition of "volatile organic compound" consistent with the federal definition.

SWAPCA 400-040 General Standards for Maximum Emissions, this is an existing section. The proposed change is to add reference to a proposed method (SWAPCA Method 9 as an attachment to SWAPCA 400) for determining visible emissions. The method is similar to EPA Method 9 but contains the Washington state standard for data reduction. In addition, SWAPCA is proposing to delete the exemption for sources which are not capable of meeting the state standard for sulfur dioxide. Currently all sources in SWAPCA jurisdiction are capable of meeting the state standard.

SWAPCA 400-052 Stack Sampling of Major Combustion Sources, this is an existing rule. The proposed change is to add reference to SWAPCA 400-106 which contains requirements on how to perform emissions sampling.

SWAPCA 400-060 Emission Standards for General Process Units, this is an existing rule. The proposed change is to update the adoption date of the federal standard for source testing methods.

SWAPCA 400-070 Emission Standards for Certain Source Categories, this is an existing rule. The proposed changes are to remove reference to SWAPCA 400-110(8) for gasoline dispensing facilities because this section is proposed to be removed from the rules, and to adopt a new rule for dry cleaning operations to be consistent with the existing federal requirements.

SWAPCA 400-075 Emission Standards for Sources Emitting Hazardous Air Pollutants, this is an existing rule. The proposed changes include updating the adoption date of the federal standards for hazardous air pollutants and include source categories for which new federal standards have been promulgated.

SWAPCA 400-076 Emission Standards for Sources Emitting Toxic Air Pollutants, this is an existing rule. The proposed changes are to change the reference from SWAPCA 460 to chapter 173-460 WAC to be more precise about the adoption status by SWAPCA of the existing state rule.

SWAPCA 400-091 Voluntary Limits on Emissions, this is an existing rule. The proposed change is to add language to clarify that a voluntary limit may be requested for a process parameter of throughput in addition to emissions of air pollutants.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes proposed by the Southwest Air Pollution Control Authority are consistent with federal or state rules already in effect. This agency is not subject to the small business economic impact provision of chapter 19.85 RCW. A fiscal analysis has been performed to establish the basis for any proposed fee increases. Copies of this analysis are available at the Southwest Air Pollution Control Authority.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Southwest Air Pollution Control Authority is not voluntarily invoking section 201, chapter 403, Laws of 1995.

Hearing Location: Office of the Southwest Air Pollution Control Authority, 1308 N.E. 134th Street, Vancouver, WA 98685, on October 1, 1998, at 3:00 p.m.

Assistance for Persons with Disabilities: Contact Mary Allen by September 29, 1998, TDD (360) 574-3058.

Submit Written Comments to: Paul T. Mairose, Southwest Air Pollution Control Authority, 1308 N.E. 134th Street, Vancouver, WA 98685, fax (360) 576-0925, by September 22, 1998.

Date of Intended Adoption: October 1, 1998.

July 22, 1998

Robert D. Elliott

Executive Director



Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 98-16 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office