WSR 98-22-019
PERMANENT RULES
DEPARTMENT OF ECOLOGY
[Order 98-02--Filed October 23, 1998, 4:34 p.m.]
Date of Adoption: October 23, 1998.
Purpose: The purpose of the rule is to incorporate the MSW landfill NSPS, 40 CFR 60 subpart WWW, into state rules.
Citation of Existing Rules Affected by this Order: Amending WAC 173-400-115.
Statutory Authority for Adoption: RCW 70.94.785 Plans approved pursuant to Federal Clean Air Act--Enforcement authority.
Adopted under notice filed as WSR 98-09-097 on April 22, 1998.
Changes Other than Editing from Proposed to Adopted Version: The paragraph related to "existing" MSW landfills was deleted. The date of the NSPS revisions incorporated by reference was updated from July 1, 1997, to October 1, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 1, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 22, 1998
Tom Fitzsimmons
Director
OTS-2051.2
AMENDATORY SECTION (Amending Order 94-35, filed 9/13/96, effective 10/14/96)
WAC 173-400-115 Standards of performance for new sources. Title 40, Code of Federal Regulations, Part 60 (standards of performance for new sources), as in effect on January 1, 1993, is adopted by reference except for sections 60.5 (determination of construction or modification) and 60.6 (review of plans). The term "administrator" in 40 CFR Part 60 shall mean both the administrator of EPA and the director of ecology.
Title 40, Code of Federal Regulations, Part 60, subpart WWW (40 CFR 60.750 et seq.) Standards of Performance for Municipal Solid Waste Landfills, as in effect on 10-1-98 is adopted by reference.
As of January 1, 1993, the federal regulations adopted by reference hereby set standards of performance affecting facilities for the following described subparts of 40 CFR Part 60:
| Subpart D | Fossil fuel fired steam generators for which construction commenced after August 17, 1971, and prior to September 19, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts |
| Subpart Da | Electric utility steam generating units for which construction commenced after September 18, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts |
| Subpart Db | Industrial-commercial-institutional steam generating units for which construction commenced after June 19, 1984, and prior to June 19, 1986, which have a heat input greater than 29 megawatts but less than 73 megawatts |
| Subpart Dc | Small industrial-commercial-institutional steam generating units |
| Subpart E | Incinerators |
| Subpart Ea | Municipal waste combustors |
| Subpart F | Portland cement plants |
| Subpart G | Nitric acid plants |
| Subpart H | Sulfuric acid plants |
| Subpart I | Asphalt concrete plants |
| Subpart J | Petroleum refineries which produce less than 25,000 barrels per day of refined products |
| Subpart K | Storage vessels for petroleum liquid constructed after June 11, 1973, and prior to May 19, 1978, which have a capacity greater than 40,000 gallons |
| Subpart Ka | Storage vessels for petroleum liquids constructed after May 18, 1978, which have a capacity greater than 40,000 gallons |
| Subpart Kb | Volatile organic liquid storage vessels (including petroleum liquid storage vessels) constructed, reconstructed, or modified after July 23, 1984 |
| Subpart L | Secondary lead smelters |
| Subpart M | Brass and bronze ingot production plants |
| Subpart N | Iron and steel plants |
| Subpart Na | Secondary emissions from basic oxygen process steel making facilities |
| Subpart O | Sewage treatment plants |
| Subpart P | Primary copper smelters |
| Subpart Q | Primary zinc smelters |
| Subpart R | Primary lead smelters |
| Subpart S | Primary aluminum reduction plants |
| Subpart T | Phosphate fertilizer industry: Wet process phosphoric acid plants |
| Subpart U | Phosphate fertilizer industry: Superphosphoric acid plants |
| Subpart V | Phosphate fertilizer industry: Diammonium phosphate plants |
| Subpart W | Phosphate fertilizer industry: Triple superphosphate plants |
| Subpart X | Phosphate fertilizer industry: Granular triple superphosphate storage facilities |
| Subpart Y | Coal preparation plants |
| Subpart Z | Ferroalloy production facilities |
| Subpart AA | Steel plants: Electric arc furnaces |
| Subpart AAa | Steel plants: Electric arc furnaces and argon-oxygen decarburization vessels |
| Subpart BB | Kraft pulp mills |
| Subpart CC | Glass manufacturing plants |
| Subpart DD | Grain elevators |
| Subpart EE | Industrial surface coating: Metal furniture |
| Subpart GG | Stationary gas turbines |
| Subpart HH | Lime manufacturing plants |
| Subpart KK | Lead-acid battery plants |
| Subpart LL | Metallic mineral processing plants |
| Subpart MM | Automobile and light duty truck surface coating operations |
| Subpart NN | Phosphate rock plants |
| Subpart PP | Ammonium sulfate manufacture |
| Subpart QQ | Publication rotogravure printing |
| Subpart RR | Pressure sensitive tape and label surface coating operations |
| Subpart SS | Industrial surface coating: Large appliances |
| Subpart TT | Industrial surface coating: Metal coils |
| Subpart UU | Asphalt processing and asphalt roofing manufacture |
| Subpart VV | SOCMI equipment leaks (VOC) |
| Subpart WW | Beverage can surface coating operations |
| Subpart XX | Bulk gasoline terminals |
| Subpart AAA | New residential wood heaters |
| Subpart BBB | Rubber tire manufacturing industry |
| Subpart DDD | VOC emissions from the polymer manufacturing industry |
| Subpart FFF | Flexible vinyl and urethane coating and printing |
| Subpart GGG | Petroleum refineries - compressors and fugitive emission sources |
| Subpart HHH | Synthetic fiber production facilities |
| Subpart III | VOC emissions from SOCMI air oxidation unit processes |
| Subpart JJJ | Petroleum dry cleaners |
| Subpart KKK | Equipment leaks of VOC from onshore natural gas processing plants |
| Subpart LLL | Onshore natural gas processing; SO2 emissions |
| Subpart NNN | VOC emissions from SOCMI distillation operations |
| Subpart PPP | Wool fiberglass insulation manufacturing plants |
| Subpart QQQ | VOC emissions from petroleum refinery wastewater emissions |
| Subpart RRR | VOC emissions from synthetic organic chemical manufacturing industry |
| Subpart SSS | Magnetic tape coating facilities |
| Subpart TTT | Industrial surface coating: Surface coating of plastic parts for business machines |
| Subpart UUU | Calciners and dryers in mineral industries |
| Subpart VVV | Polymeric coating of supporting substrates facilities |
Note: For fossil fuel fired steam generators referenced by Subpart D and Da above, units greater than 250 megawatts are governed by the energy facility site evaluation council (EFSEC) in Title 463 WAC.
[Statutory Authority: Chapter 70.94 RCW. 96-19-054 (Order 94-35), § 173-400-115, filed 9/13/96, effective 10/14/96; 93-05-044 (Order 92-34), § 173-400-115, filed 2/17/93, effective 3/20/93; 91-05-064 (Order 90-06), § 173-400-115, 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), § 173-400-115, filed 3/6/85. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), § 173-400-115, filed 4/15/83; 82-16-019 (Order DE 82-20), § 173-400-115, filed 7/27/82. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), § 173-400-115, filed 8/20/80. Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 (Order DE 78-21), § 173-400-115, filed 5/8/79; Order DE 76-38, § 173-400-115, filed 12/21/76. Formerly WAC 18-04-115.]