WSR 00-23-130

PERMANENT RULES

DEPARTMENT OF ECOLOGY


[ Order 98-27 -- Filed November 22, 2000, 11:43 a.m. ]

Date of Adoption: November 21, 2000.

Purpose: This rule corrects typographical errors, clarifies existing rule language, and ensures consistency with federal statutory requirements by adopting without material change federal regulatory provisions.

Citation of Existing Rules Affected by this Order: Amending WAC [173-400-040, 173-400-060, 173-400-070, 173-400-075, 173-400-104, and 173-400-115].

Adopted under notice filed as WSR 00-17-136 on September 6, 2000 [August 21, 2000].

Changes Other than Editing from Proposed to Adopted Version: WAC 173-400-030, definitions section not amended; WAC 173-400-075 (1) and (5) amended for clarity without material change; and WAC 173-400-115 amended for clarity without material change. (Appendix G in 40 C.F.R. Part 60 is not adopted by reference because it only applies to a source in Illinois.)

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 3, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

November 21, 2000

Tom Fitzsimmons

Director

OTS-4249.2


AMENDATORY SECTION(Amending Order 93-03, filed 8/20/93, effective 9/20/93)

WAC 173-400-040
General standards for maximum emissions.

All sources and emissions units are required to meet the emission standards of this chapter. Where an emission standard listed in another chapter is applicable to a specific emissions unit, such standard will take precedent over a general emission standard listed in this chapter. When two or more emissions units are connected to a common stack and the operator elects not to provide the means or facilities to sample emissions from the individual emissions units, and the relative contributions of the individual emissions units to the common discharge are not readily distinguishable, then the emissions of the common stack must meet the most restrictive standard of any of the connected emissions units. Further, all emissions units are required to use reasonably available control technology (RACT) which may be determined for some sources or source categories to be more stringent than the applicable emission limitations of any chapter of Title 173 WAC. Where current controls are determined to be less than RACT, ecology or the authority shall, as provided in ((section 8, chapter 252, Laws of 1993)) RCW 70.194.154, define RACT for each source or source category and issue a rule or regulatory order requiring the installation of RACT.

(1) Visible emissions. No person shall cause or permit the emission for more than three minutes, in any one hour, of an air contaminant from any emissions unit which at the emission point, or within a reasonable distance of the emission point, exceeds twenty percent opacity except:

(a) When the emissions occur due to soot blowing/grate cleaning and the operator can demonstrate that the emissions will not exceed twenty percent opacity for more than fifteen minutes in any eight consecutive hours. The intent of this provision is to permit the soot blowing and grate cleaning necessary to the operation of boiler facilities. This practice, except for testing and trouble shooting, is to be scheduled for the same approximate times each day and ecology or the authority be advised of the schedule.

(b) When the owner or operator of a source supplies valid data to show that the presence of uncombined water is the only reason for the opacity to exceed twenty percent.

(c) When two or more sources are connected to a common stack, ecology or the authority may allow or require the use of an alternate time period if it is more representative of normal operations.

(d) When an alternate opacity limit has been established per RCW 70.94.331 (2)(c).

(2) Fallout. No person shall cause or permit the emission of particulate matter from any source to be deposited beyond the property under direct control of the owner(s) or operator(s) of the source in sufficient quantity to interfere unreasonably with the use and enjoyment of the property upon which the material is deposited.

(3) Fugitive emissions. The owner or operator of any emissions unit engaging in materials handling, construction, demolition or any other operation which is a source of fugitive emission:

(a) If located in an attainment area and not impacting any nonattainment area, shall take reasonable precautions to prevent the release of air contaminants from the operation.

(b) If the emissions unit has been identified as a significant contributor to the nonattainment status of a designated nonattainment area, shall be required to use reasonable and available control methods, which shall include any necessary changes in technology, process, or other control strategies to control emissions of the contaminants for which nonattainment has been designated.

(4) Odors. Any person who shall cause or allow the generation of any odor from any source which may unreasonably interfere with any other property owner's use and enjoyment of his property must use recognized good practice and procedures to reduce these odors to a reasonable minimum.

(5) Emissions detrimental to persons or property. No person shall cause or permit the emission of any air contaminant from any source if it is detrimental to the health, safety, or welfare of any person, or causes damage to property or business.

(6) Sulfur dioxide.

No person shall cause or permit the emission of a gas containing sulfur dioxide from any emissions unit in excess of one thousand ppm of sulfur dioxide on a dry basis, corrected to seven percent oxygen for combustion sources, and based on the average of any period of sixty consecutive minutes, except:

When the owner or operator of an emissions unit supplies emission data and can demonstrate to ecology or the authority that there is no feasible method of reducing the concentration to less than one thousand ppm (on a dry basis, corrected to seven percent oxygen for combustion sources) and that the state and federal ambient air quality standards for sulfur dioxide will not be exceeded. In such cases, ecology or the authority may require specific ambient air monitoring stations be established, operated, and maintained by the owner or operator at mutually approved locations. All sampling results will be made available upon request and a monthly summary will be submitted to ecology or the authority.

(7) Concealment and masking. No person shall cause or permit the installation or use of any means which conceals or masks an emission of an air contaminant which would otherwise violate any provisions of this chapter.

(8) Fugitive dust sources.

(a) The owner or operator of a source of fugitive dust shall take reasonable precautions to prevent fugitive dust from becoming airborne and shall maintain and operate the source to minimize emissions.

(b) The owner(s) or operator(s) of any existing source(s) of fugitive dust that has been identified as a significant contributor to a PM-10 nonattainment area shall be required to use reasonably available control technology to control emissions. Significance will be determined by the criteria found in WAC 173-400-113(3).

[Statutory Authority: Chapter 70.94 RCW. 93-18-007 (Order 93-03), 173-400-040, filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), 173-400-040, filed 2/19/91, effective 3/22/91. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), 173-400-040, filed 4/15/83. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), 173-400-040, filed 8/20/80. Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 (Order DE 78-21), 173-400-040, filed 5/8/79; Order DE 76-38, 173-400-040, filed 12/21/76. Formerly WAC 18-04-040.]


AMENDATORY SECTION(Amending Order 98-04, filed 7/21/98, effective 8/21/98)

WAC 173-400-060
Emission standards for general process units.

General process units are required to meet all applicable provisions of WAC 173-400-040 and, no person shall cause or permit the emission of particulate material from any general process operation in excess of 0.23 gram((s)) per dry cubic meter at standard conditions (0.1 grain/dscf) of exhaust gas. EPA test methods from 40 CFR Parts 51, 60, 61, and 63 and any other approved test procedures which are contained in ecology's "Source Test Manual - Procedures For Compliance Testing" as of July 12, 1990, will be used to determine compliance.

[Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331. 98-15-129 (Order 98-04), 173-400-060, filed 7/21/98, effective 8/21/98. Statutory Authority: Chapter 70.94 RCW. 91-05-064 (Order 90-06), 173-400-060, filed 2/19/91, effective 3/22/91. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), 173-400-060, filed 4/15/83. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), 173-400-060, filed 8/20/80; Order DE 76-38, 173-400-060, filed 12/21/76. Formerly WAC 18-04-060.]


AMENDATORY SECTION(Amending Order 98-04, filed 7/21/98, effective 8/21/98)

WAC 173-400-070
Emission standards for certain source categories.

Ecology finds that the reasonable regulation of sources within certain categories requires separate standards applicable to such categories. The standards set forth in this section shall be the maximum allowable standards for emissions units within the categories listed. Except as specifically provided in this section, such emissions units shall not be required to meet the provisions of WAC 173-400-040, 173-400-050 and 173-400-060.

(1) Wigwam burners.

(a) All wigwam burners shall meet all provisions of WAC 173-400-040 (2), (3), (4), (5), (6), and (7).

(b) All wigwam burners shall use RACT. All emissions units shall be operated and maintained to minimize emissions. These requirements may include a controlled tangential vent overfire air system, an adequate underfire system, elimination of all unnecessary openings, a controlled feed and other modifications determined necessary by ecology or the authority.

(c) It shall be unlawful to install or increase the existing use of any burner that does not meet all requirements for new sources including those requirements specified in WAC 173-400-040 and 173-400-050, except operating hours.

(d) Ecology may establish additional requirements for wigwam burners located in sensitive areas as defined by chapter 173-440 WAC. These requirements may include but shall not be limited to:

(i) A requirement to meet all provisions of WAC 173-400-040 and 173-400-050. Wigwam burners will be considered to be in compliance if they meet the requirements contained in WAC 173-400-040(1). An exception is made for a startup period not to exceed thirty minutes in any eight consecutive hours.

(ii) A requirement to apply BACT.

(iii) A requirement to reduce or eliminate emissions if ecology establishes that such emissions unreasonably interfere with the use and enjoyment of the property of others or are a cause of violation of ambient air standards.

(2) Hog fuel boilers.

(a) Hog fuel boilers shall meet all provisions of WAC 173-400-040 and 173-400-050(1), except that emissions may exceed twenty percent opacity for up to fifteen consecutive minutes once in any eight hours. The intent of this provision is to permit the soot blowing and grate cleaning necessary to the operation of these units. This practice is to be scheduled for the same specific times each day and ecology or the authority shall be notified of the schedule or any changes.

(b) All hog fuel boilers shall utilize RACT and shall be operated and maintained to minimize emissions.

(3) Orchard heating.

(a) Burning of rubber materials, asphaltic products, crankcase oil or petroleum wastes, plastic, or garbage is prohibited.

(b) It is unlawful to burn any material or operate any orchard-heating device that causes a visible emission exceeding twenty percent opacity, except during the first thirty minutes after such device or material is ignited.

(4) Grain elevators.

Any grain elevator which is primarily classified as a materials handling operation shall meet all the provisions of WAC 173-400-040 (2), (3), (4), and (5).

(5) Catalytic cracking units.

(a) All existing catalytic cracking units shall meet all provisions of WAC 173-400-040 (2), (3), (4), (5), (6), and (7) and:

(i) No person shall cause or permit the emission for more than three minutes, in any one hour, of an air contaminant from any catalytic cracking unit which at the emission point, or within a reasonable distance of the emission point, exceeds forty percent opacity.

(ii) No person shall cause or permit the emission of particulate material in excess of 0.46 grams per dry cubic meter at standard conditions (0.20 grains/dscf) of exhaust gas.

(b) All new catalytic cracking units shall meet all provisions of WAC 173-400-115.

(6) Other wood waste burners.

(a) Wood waste burners not specifically provided for in this section shall meet all provisions of WAC 173-400-040.

(b) Such wood waste burners shall utilize RACT and shall be operated and maintained to minimize emissions.

(7) Sulfuric acid plants.

No person shall cause to be discharged into the atmosphere from a sulfuric acid plant, any gases which contain acid mist, expressed as H2SO4, in excess of 0.15 pounds per ton of acid produced. Sulfuric acid production shall be expressed as one hundred percent H2SO4.

(8) Sewage sludge incinerators. Standards for the incineration of sewage sludge found in 40 CFR Part 503 subparts A (General Provisions) and E (Incineration) in effect on July 1, 1997, are adopted by reference.

(9) Municipal solid waste landfills constructed, reconstructed, or modified before May 30, 1991. A municipal solid waste landfill (MSW landfill) is an entire disposal facility in a contiguous geographical space where household waste is placed in or on the land. A MSW landfill may also receive other types of waste regulated under Subtitle D of the Federal Recourse Conservation and Recovery Act including the following: Commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. A MSW landfill may be either publicly or privately owned. A MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.

(a) Applicability. These rules apply to each existing MSW landfill constructed, reconstructed, or modified before May 30, 1991. (See WAC 173-400-115(2) for MSW landfills constructed, reconstructed, or modified on or after May 30, 1991.)

(b) Exceptions. Any physical or operational change to an existing MSW landfill made solely to comply with these rules is not considered a modification or rebuilding.

(c) Recordkeeping and reporting. All existing MSW landfills must follow the recordkeeping and reporting requirements in 40 CFR 60.757 (submittal of an initial design capacity report) and 40 CFR 60.758 (recordkeeping requirements). Exceptions to these requirements are located in 40 CFR 60.24.

(d) Test methods and procedures.

(i) All existing MSW landfills must calculate the landfill nonmethane organic compound (NMOC) emission rates following the procedures listed in 40 CFR 60.754.

(ii) Gas collection and control systems must meet the requirements in 40 CFR 60.752 (b)(2)(ii) through the following procedures:

(A) The systems must follow the operational standards in 40 CFR 60.753.

(B) The systems must follow the compliance provisions in 40 CFR 60.755 (a)(1) through (a)(6) to determine whether the system is in compliance with 40 CFR 60.752 (b)(2)(ii).

(C) The system must follow the applicable monitoring provisions in 40 CFR 60.756.

(e) Conditions. Existing MSW landfills that meet the following conditions must install a gas collection and control system:

(i) The landfill accepted waste at any time since November 8, 1987, or the landfill has additional design capacity available for future waste deposition;

(ii) The landfill has design capacity greater than or equal to 2.5 million megagrams or 2.5 million cubic meters. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exception values. Any density conversions shall be documented and submitted with the report; and

(iii) The landfill has a nonmethane organic compound (NMOC) emission rate of 50 megagrams per year or greater.

(f) Change in conditions. After the adoption date of this rule, a landfill that meets all three conditions in (e) of this subsection must comply with all the requirements of this section within thirty months of the date when the conditions were met. This change will usually occur because the NMOC emission rate equaled or exceeded the rate of 50 megagrams per year.

(g) Gas collection and control systems.

(i) Gas collection and control systems must meet the requirements in 40 CFR 60.752 (b)(2)(ii).

(ii) The design plans must be prepared by a licensed professional engineer and submitted to ecology within one year after the adoption date of this section.

(iii) The system must be installed within eighteen months after the submittal of the design plans.

(iv) The system must be operational within thirty months after the adoption date of this section.

(v) The emissions that are collected must be controlled in one of three ways:

(A) An open flare designed and operated according to 40 CFR 60.18;

(B) A control system designed and operated to reduce NMOC by 98 percent by weight; or

(C) An enclosed combustor designed and operated to reduce the outlet NMOC concentration to 20 parts per million as hexane by volume, dry basis to three percent oxygen, or less.

[Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331. 98-15-129 (Order 98-04), 173-400-070, filed 7/21/98, effective 8/21/98. Statutory Authority: Chapter 70.94 RCW. 96-19-054 (Order 94-35), 173-400-070, filed 9/13/96, effective 10/14/96; 91-05-064 (Order 90-06), 173-400-070, filed 2/19/91, effective 3/22/91. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), 173-400-070, filed 4/15/83. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), 173-400-070, filed 8/20/80. Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 (Order DE 78-21), 173-400-070, filed 5/8/79; Order DE 76-38, 173-400-070, filed 12/21/76. Formerly WAC 18-04-070.]


AMENDATORY SECTION(Amending Order 98-04, filed 7/21/98, effective 8/21/98)

WAC 173-400-075
Emission standards for sources emitting hazardous air pollutants.

(1) National emission standards for hazardous air pollutants (NESHAPs). ((NESHAPs and Appendices found in)) 40 CFR Part 61 and Appendices in effect on ((April 1, 1998)) July 1, 2000, ((are)) is adopted by reference. The term "administrator" in 40 CFR Part 61 includes the director of ecology.

(2) Ecology or the authority 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 and 63 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 ((shall)) must conform with the requirements of 40 CFR Parts 61 and 63.

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

(5) Maximum achievable control technology (MACT) standards. MACT standards are officially known as national emission standards for hazardous air pollutants for source categories. ((They are found in 40 CFR part 63.))

(a) Adopt by reference. ((This list of federal MACT standards and Appendices in)) 40 CFR Part 63 and Appendices in effect on ((April 1, 1998)) July 1, 2000, is adopted by reference((. The term "administrator" in 40 CFR part 63 includes the director of ecology)) except as specified below.

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 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 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 Manu-facturing 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 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
Appendix A Test Methods
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

(((b) Exceptions. The following subparts of 40 CFR part 63 are not adopted by reference:

Subpart C List of Hazardous Air Pollutants, Petition Process, Lesser Quantity Designations, source Category List
Subpart E Approval of State Programs and Delegation of Federal Authorities
Subpart M National Perchloroethylene Emission Standards for Dry Cleaning Facilities
Subpart S National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry
Subpart Y National Emission Standards for Hazardous Air Pollutants for Marine Tank Vessel Loading Operations
Subpart LL National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants

(6) Emission Standards for Perchloroethylene Dry Cleaners.

(a) Policy and purpose. It is not the intent of this section to place any additional burden on the generator beyond the federal MACT. Instead, the purpose of this section is to provide the reader with a clearer and more concise regulation.

(b) Applicability. This section applies to all dry cleaning systems using perchloroethylene (PCE). The standards that apply to this section fall into the following source categories as presented in Table 1.

TABLE 1. Perchloroethylene Dry Cleaner NESHAP Source Categories

Applicability Small Area

Sources

Large Area

Sources

Major

Sources

Dry cleaning

Facilities with

Consuming

less than:

Consuming

between:

Consuming

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

(c) General requirements. It shall be unlawful for any person to cause or allow the operation of a large area or major source perchloroethylene dry cleaning system unless all the air-perchloroethylene gas-vapor stream is vented through a refrigerated condenser. A major source dry cleaning system installed after September 21, 1993, must utilize a refrigerated condenser followed by a small carbon adsorber. It shall be unlawful for any person to cause or allow the operation of a small area source dry cleaning system installed after September 21, 1993, unless all the air-perchloroethylene dry cleaning system is vented through a refrigerated condenser.

(d) General operation and maintenance requirements. It shall be unlawful for any person to cause or allow the operation of any perchloroethylene dry cleaning system unless all of the following conditions are met:

(i) All perchloroethylene dry cleaners who generate seventy-five thousand dollars per year in revenue must conduct a visual inspection of the dry cleaning system at least once a week for perceptible leaks. Perceptible leaks shall be repaired within twenty-four hours of detection unless repair parts cannot be ordered within that period of time. If parts must be ordered to repair a leak, the parts shall be ordered within two working days of detecting the leak and repair parts shall be installed within five working days after receipt;

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

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

(iv) Store all perchloroethylene, and wastes containing perchloroethylene, in a closed container; and

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

(e) Requirements for refrigerated condensers. It shall be unlawful for any person to cause or allow the operation of any perchloroethylene dry cleaning system using a refrigerated condenser unless all of the following conditions are met:

(i) The air temperature at the outlet of the refrigerated condenser installed on a dry-to-dry machine, dryer or reclaimer must be less than or equal to 45F (7C) during the cool-down period. Compliance shall be determined by monitoring the temperature on a continuous basis using a permanently installed temperature sensor that is accurate to within 2F (1C). The temperature shall be logged weekly;

(ii) 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 (11C). Compliance shall be determined by monitoring the temperature on a continuous basis using a permanently installed temperature sensor that is accurate to within 2F (1C). The temperature shall be logged weekly. If the dry cleaning system was constructed before December 9, 1991, temperature sensors shall be installed by September 23, 1996;

(iii) The refrigerated condenser shall 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 machines is open; and

(iv) The refrigerated condenser shall not vent the air-perchloroethylene gas-vapor stream while the dry cleaning machine drum is rotating or, if installed on a washer, until the washer door is opened.

(f) Requirements for carbon adsorbers. It shall be unlawful for any person to cause or allow the operation of any perchloroethylene dry cleaning system using a carbon adsorber unless all of the following conditions have been met:

(i) The concentration of perchloroethylene at the exhaust of the carbon adsorber shall 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; and

(ii) Compliance shall be determined by weekly measurements of the concentration of perchloroethylene at the outlet of the carbon adsorber using a colorimetric detector tube that is accurate to within 25 ppm. If the dry cleaning system was constructed before December 9, 1991, monitoring shall commence by September 23, 1996.

(g) Recordkeeping. Each dry cleaning facility shall have on-site the design specifications and operating manuals for all perchloroethylene dry cleaning equipment and process vent control devices, as well as an operations and maintenance plan that includes the following:

(i) A record of dates and results of all monitoring, inspections, and repair of the dry cleaning system; and

(ii) A record of the volume of perchloroethylene purchased each month including receipts of perchloroethylene purchases and a calculation of the amount of perchloroethylene purchased over the previous twelve months.

(h) A record shall be kept of any pollution prevention activities that have been accomplished.

(i) Major source requirements. If the dry cleaning system is located at a facility that emits 10 tons or more of perchloroethylene annually, the facility must meet the additional requirements set forth in 40 CFR Part 63, Subpart M)), except as specified below.

(b) The term "administrator" in 40 CFR Part 63 includes the director of ecology.

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

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

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

(iii) Subpart M: National Perchloroethylene Emission Standards for Dry Cleaning Facilities.

(iv) Subpart Y: National Emission Standards for Hazardous Air Pollutants for Marine Tank Vessel Loading Operations.

(6) 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.

(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 perchloroethylene, and wastes containing perchloroethylene, 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 2 F (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) Difference between inlet and outlet air temperature.

(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: 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.]


AMENDATORY SECTION(Amending Order 93-40, filed 3/22/95, effective 4/22/95)

WAC 173-400-104
Registration fees.

(1) Registration fee determination. In counties without an active local air pollution control authority, ecology shall establish registration fees based on workload using the process outlined below. The fees collected shall be sufficient to cover the direct and indirect costs of administering the registration program within ecology's jurisdiction.

(2) Budget preparation. Ecology shall conduct a workload analysis projecting resource requirements for administering the registration program. Workload estimates shall be prepared on a biennial basis and shall estimate the resources required to perform registration program activities listed in WAC ((173-400-097)) 173-400-099(2). Ecology shall prepare a budget for administering the registration program using workload estimates identified in the workload analysis for the biennium.

(3) Registration fee schedule. Ecology's registration program budget shall be distributed to sources located in its jurisdiction according to the following:

(a) Sources requiring periodic registration and inspections shall pay an annual registration fee of four hundred dollars.

(b) Sources requiring annual registration and inspections shall pay a registration fee comprised of the following three components:

(i) Flat component. This portion of a source's fee shall be calculated by the equal division of thirty-five percent of the budget amount allocated to annual registration sources by the total number of sources requiring annual registration.

(ii) Complexity component. Each source is assigned a complexity rating of 1, 3, or 5 which is based on the estimated amount of time needed to review and inspect the source. This portion of the fee is calculated by dividing forty percent of the budget amount allocated to annually registered sources by the total complexity of sources located in ecology's jurisdiction. The quotient is then multiplied by an individual source's complexity rating to determine that source's complexity portion of the fee.

(iii) Emissions component. This portion of a source's fee is calculated by dividing twenty-five percent of the budget amount allocated to annually registered sources by the total billable emissions from those sources. The quotient is then multiplied by an individual source's billable emissions to determine that source's emissions portion of the fee. Billable emissions include all air pollutants except carbon monoxide and total suspended particulate.

(4) Regulatory orders. Owners or operators registering a source as a synthetic minor must obtain a regulatory order which limits the source's emissions. The owner will be required to pay a fee based on the amount of time required to research and write the order multiplied by an hourly rate of sixty dollars.

(5) Fee reductions for pollution prevention initiatives. Ecology may reduce registration fees for an individual source if that source demonstrates the use of approved pollution prevention measures or best management practices beyond those required of the source.

(6) Fee reductions for economic hardships. If a small business owner believes the registration fee results in an extreme economic hardship, the small business owner may request an extreme hardship fee reduction. The owner or operator must provide sufficient evidence to support a claim of an extreme hardship. The factors which ecology may consider in determining whether an owner or operator has special economic circumstances and in setting the extreme hardship fee include: Annual sales; labor force size; market conditions which affect the owner's or operator's ability to pass the cost of the registration fee through to customers; average annual profits, and cumulative effects of multiple site ownership. In no case will a registration fee be reduced below two hundred dollars.

(7) Fee payments. Fees specified in this section shall be paid within thirty days of receipt of ecology's billing statement. All fees collected under this regulation shall be made payable to the Washington department of ecology. A late fee surcharge of fifty dollars or ten percent of the fee, whichever is more, may be assessed for any fee not received after the thirty-day period.

(8) Dedicated account. All registration fees collected by ecology shall be deposited in the air pollution control account.

(9) Tracking revenues, time, and expenditures. Ecology shall track revenues collected under this subsection on a source-specific basis. Ecology shall track time and expenditures on the basis of ecology budget functions.

[Statutory Authority: Chapter 70.94 RCW. 95-07-126 (Order 93-40), 173-400-104, filed 3/22/95, effective 4/22/95.]


AMENDATORY SECTION(Amending Order 98-02, filed 10/23/98, effective 11/23/98)

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:)) (1) NSPS. Standards of performance for new sources are called New Source Performance Standards, or NSPS.

(2) Adoption by reference. 40 CFR Part 60 and Appendices in effect on July 1, 2000, is adopted by reference, except as specified below.

(a) The term "administrator" in 40 CFR Part 60 includes the director of ecology.

(b) The following sections and subparts of 40 CFR Part 60 are not adopted by reference:

(i) 40 CFR 60.5 (determination of construction or modification);

(ii) 40 CFR 60.6 (review of plans);

(iii) 40 CFR Part 60, subparts C, Cb, Cc, Cd, and Ce (emission guidelines); and

(iv) 40 CFR Part 60, subpart OOO (nonmetallic mineral processing plants).


(v) Subpart A General Provisions, except 40 CFR 60.5 and 60.6
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 Eb Large Municipal Waste Combustors Constructed after September 20, 1964, or Modified or Reconstructed after June 19, 1964
Subpart Ec Hospital/Medical/Infectious Waste Incinerators Constructed after June 20, 1996
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))
Subpart WWW Municipal Solid Waste Landfills
Appendix A Test Methods
Appendix B Performance Specifications
Appendix C Determination of Emission Rate Change
Appendix D Required Emission Inventory Information
Appendix F Quality Assurance Procedures
Appendix I Removable Label and Owner's Manual

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.

(3) Note that certain affected facilities under 40 CFR Part 60, subparts D and Da are under the energy facility site evaluation council (EFSEC) jurisdiction, pursuant to RCW 80.50.060. These are certain larger energy plants, as defined in RCW 80.50.020(14).

[Statutory Authority: RCW 70.94.785. 98-22-019 (Order 98-02), 173-400-115, filed 10/23/98, effective 11/23/98. 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.]

Washington State Code Reviser's Office