WSR 03-11-091

PROPOSED RULES

NORTHWEST AIR

POLLUTION AUTHORITY

[ Filed May 21, 2003, 9:58 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Northwest Air Pollution Authority (NWAPA) regulation.

Purpose: The regulation amendments will allow the NWAPA to establish a new source review program that is approvable into the state implementation plan (SIP).

Statutory Authority for Adoption: Chapter 70.94 RCW.

Summary: AMENDATORY SECTIONS:

Section 104, update state and federal regulations that are adopted by reference to include recently promulgated NSPS and NESHAP regulations.

Section 122, clarify applicability of appeals from orders and notices.

Section 133, increase the maximum civil penalty from $13,000 per day to $14,000 per day to account for inflation.

Section 200, add, delete and revise terms related to the new source review program in order to be more consistent with those found in chapter 173-400 WAC.

Section 300, rewrite this new source review section to be more consistent with the state program found in chapter 173-400 WAC.

Section 301, delete portions pertaining to new source review as they are now being addressed in section 300 and clarity requirements for temporary sources.

Section 324, clarify registration and new source review fee applicability and update fee schedules.

Section 501, add additional fees for fire training permits and correct a citation to another section of the regulation.

SECTIONS TO REPEAL:

Section 302, rules pertaining to new source review are now being addressed in section 300.

Section 310, rules pertaining to new source review are now being addressed in section 300.

Name of Agency Personnel Responsible for Drafting: Dan Mahar, 1600 South Second Street, Mount Vernon, WA, (360) 428-1617 ext. 203; Implementation and Enforcement: James B. Randles, 1600 South Street, Mount Vernon, WA, (360) 428-1617 ext. 208.

Name of Proponent: Northwest Air Pollution Authority, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. The proposed amendments do not represent significant legislative action because they are being made to achieve consistency with statewide new source review programs established under chapter 173-400 WAC and the Washington SIP.

Hearing Location: Northwest Air Pollution Authority, 1600 South Second Street, Mount Vernon, WA 98273, on July 10, 2003, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Scott Alison by June 26, 2003, (360) 428-1617 ext. 200.

Submit Written Comments to: James B. Randles, Northwest Air Pollution Authority, 1600 South Second Street, Mount Vernon, WA 98273, fax (360) 428-1620, by July 10, 2003.

Date of Intended Adoption: July 10, 2003.

May 20, 2003

James B. Randles

Control Officer

Northwest Air Pollution Authority - July 10, 2003 Regulation Amendments

AMENDATORY SECTION


SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES


104.1 All provisions of State Law as it now exists or may be hereafter amended, which is pertinent to the operation of the Authority, is hereby adopted by reference and made part of the Regulation of the Authority. Specifically, there is adopted by reference the Washington State Clean Air Act (RCW 70.94), the Administrative Procedures Act (RCW 34.05) and RCW 43.21A and 43.21B and the following state rules: WAC 173-400 (except -035, -099, -100, -101, -102, -104, -110, -114, -116), WAC 173-401, ((WAC 173-405, WAC 173-410, WAC 173-415)), WAC 173-420, WAC 173-421, WAC 173-422, WAC 173-425, WAC 173-430, WAC 173-433, WAC 173-434, WAC 173-435, WAC 173-450, WAC 173-460, WAC 173-470, WAC 173-474, WAC 173-475, WAC 173-480, WAC 173-481, WAC 173-490, WAC 173-491, WAC 173-492, WAC 173-495, and WAC 173-802.

104.2 All provisions of the following federal rules that are in effect as of July 1, ((2000)) 2003 are hereby adopted by reference and made part of the Regulation of the Authority: 40 CFR Part 60 (Standards of Performance For New Stationary Sources) subparts A, B, C, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, AAA, BBB, DDD, FFF, GGG, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, BBBB, CCCC, DDDD; and 40 CFR Part 61 (National Emission Standards For Hazardous Air Pollutants) Subparts A, B, C, D, E, F, H, J, L, M, N, O, P, V, Y, BB, FF and 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories) Subparts A, B, C, D, F, G, H, I, J, L, M, N, O, Q, R, ((S)), T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, ((LL)), OO, PP, QQ, RR, SS, TT, UU, VV, WW, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO, PPP, QQQ, TTT, UUU, VVV, XXX, AAAA, CCCC, GGGG, HHHH, JJJJ, NNNN, SSSS, TTTT, UUUU, VVVV, XXXX, YYYY, QQQQQ; and 40 CFR 72, 73, 74, 75, 76, 77 and 78 (Acid Rain Program).

Amended: April 14, 1993, September 8, 1993, December 8, 1993, October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996, March 13, 1997, May 14, 1998, November 12, 1998, November 12, 1999, June 14, 2001, July 10, 2003

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION


SECTION 122 - APPEALS FROM ORDERS OR VIOLATIONS


122.1 Any order or notice ((of violation)) issued by the Board or Control Officer shall become final unless, no later than thirty (30) days after the date that notice and order are served, the person aggrieved by the order or notice of violation appeals to the Hearings Board as provided by State Law.

PASSED: January 8, 1969 Amended: July 8, 1970, July 10, 2003

AMENDATORY SECTION


SECTION 133 - CIVIL PENALTY


133.1 In addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of Chapter 70.94 RCW, Chapter 70.120 RCW, any of the rules in force under such chapters, including the Regulation of the Northwest Air Pollution Authority shall be liable for a civil penalty in an amount of not more than fourteen thousand dollars ($14,000) ((thirteen thousand dollars ($13,000))) per day per violation. Each violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation. Any person who fails to take action as specified by an order shall be liable for a civil penalty of not more than fourteen thousand dollars ($14,000) ((thirteen thousand dollars ($13,000))) for each day of continued noncompliance.

AMENDED: November 14, 1984, April 14, 1993, September 8, 1993, October 13, 1994, February 8, 1996, November 12, 1998, November 12, 1999, June 14, 2001, July 10, 2003

AMENDATORY SECTION


SECTION 200 - DEFINITIONS


ACTUAL EMISSIONS - The actual rate of emissions of a pollutant from an emission unit, as determined in accordance with a) through c) of this definition.

a) In general, the actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal stationary source operation. The Authority shall allow the use of a different time period upon a determination by the Authority that it is more representative of normal stationary source operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

b) The Authority may presume that stationary source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.

c) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the emissions unit on that date.

ADVERSE IMPACT ON VISIBILITY - Adverse impact on visibility is defined in WAC 173-400-117.

AGRICULTURAL OPERATION - ((Means)) The growth of crops, the raising of fowl, animals or bees as a gainful occupation.

AIR CONTAMINANT - Dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. "Air pollutant" means the same as "air contaminant."

((AIR CONTAMINANT SOURCE - Is a point or point from which one or more contaminants originate))

AIR POLLUTION - ((Is)) The presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities, and of such characteristics and duration as is, or is likely to be, injurious to human health, plant, or animal life, or property, or which unreasonably interferes with enjoyment of life and property. For the purposes of this regulation, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW, the Washington Pesticide Application Act, which regulates the application and control of the use of various pesticides.

AIR QUALITY OBJECTIVE - The concentration and exposure time of one or more air contaminants in the ambient air below which, according to available knowledge, undesirable effects will not occur.

ALLOWABLE EMISSIONS - The emission rate of a stationary source calculated using the maximum rated capacity of the stationary source (unless the stationary source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

a) The applicable standards as in 40 CFR Part 60, 61 or 63;

b) Any applicable SIP emissions limitation including those with a future compliance date; or

c) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

AMBIENT AIR - The surrounding outside air.

AMBIENT AIR QUALITY STANDARD - An established concentration, exposure time and frequency of occurrence of one or more air contaminant(s) in the ambient air which shall not be exceeded.

AMBIENT AIR MONITORING STATION - A station so designated by the Control Officer for the purpose of measuring air contaminant concentrations in the ambient air. The station location and sampling probe locations shall be designated by the Control Officer utilizing as a guide 40 CFR Part 58, Appendix "D" Network Design and Appendix "E" Probe Siting Criteria.

ATTAINMENT AREA - ((Means)) A geographic area designated by EPA at 40 CFR Part 81(((in effect on July 1, 2000))) as having attained the National Ambient Air Quality Standard for a given criteria pollutant. (((An area is in attainment for only the pollutants for which the area meets the NAAQS))).

AUTHORITY - Northwest Air Pollution Authority (NWAPA). With regard to new source review, Authority shall include any other designated permitting agency.

BEGIN ACTUAL CONSTRUCTION - In general, initiation of physical on-site construction activities on an emission unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipe work and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

BEST AVAILABLE CONTROL TECHNOLOGY (BACT) - An emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under chapter 70.94 RCW emitted from or which results from any new or modified stationary source, which the Authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts, and other costs, determines is achievable for such stationary source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant. In no event shall application of the "Best Available Control Technology" result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. Emissions from any stationary source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase above levels that would have been required under the definition of BACT in the Federal Clean Air Act as it existed prior to enactment of the Clean Air Act Amendments of 1990. ((means technology that will result in an emission standard, including a visible emission standard, based on the maximum degree of reduction which the Authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts, and other costs, determines is achievable for such source through application of production processes, available methods, systems, and techniques, including fuel cleaning or treatment, clean fuels, or innovative fuel combustion techniques for control of each air contaminant. In no event shall application of the best available control technology result in emissions of any air contaminant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. The Authority may prescribe a design, equipment, work practice, or operational standard, or combination thereof, to meet the requirements of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means that achieve equivalent results.))

BEST AVAILABLE RETROFIT TECHNOLOGY (BART) - An emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the stationary source, the remaining useful life of the stationary source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.

BOARD - Board of Directors of the NWAPA.

BUBBLE - A set of emission limits which allows an increase in emissions from a given emissions unit in exchange for a decrease in emissions from another emissions unit, pursuant to RCW 70.94.155 and WAC 173-400-120.

BUSINESS ESTABLISHMENT - A facility and/or place where commercial and/or professional dealings are conducted.

CATALYTIC CRACKING UNIT - A petroleum refinery cracking unit of the fluid or compact moving bed type consisting of a reactor, regenerator and fractionating tower and, where employed, a carbon monoxide boiler.

CLASS I AREA - Any area designated under section 162 or 164 of the Federal Clean Air Act as a Class I area. The following areas are the Class I areas in Washington state:


a) Alpine Lakes Wilderness; f) North Cascades National Park;
b) Glacier Peak Wilderness; g) Olympic National Park;
c) Goat Rocks Wilderness; h) Pasayten Wilderness; and
d) Mount Adams Wilderness; i) Spokane Indian Reservation.
e) Mount Rainier National Park;

COMBUSTION and INCINERATION UNITS ((EQUIPMENT)) - Units using combustion for waste disposal, steam production, chemical recovery or other process requirements; but excludes open burning. ((Any device which includes a chamber where combustion takes place and for which a flue, vent, or chimney is required for the venting of the products of combustion from a boiler, furnace, incinerator, stove, heater, industrial furnace, etc.))

COMMENCED - a) Commenced as applied to construction, means that the owner or operator has all the necessary preconstruction approvals or permits and either has:

1) begun, or caused to begin, a continuous program of actual on-site construction of the stationary source, to be completed within a reasonable time; or

2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the stationary source to be completed within a reasonable time.

b) For the purpose of this definition, "necessary preconstruction approvals" means those permits or orders of approval required under federal air quality control laws and regulations, including state, local and federal regulations and orders contained in the SIP.

COMMERCIAL COMPOSTING FACILITY - A facility that is operated for the purpose of selling or off-site distribution of compost produced via the controlled biological degradation of organic material.

COMPLAINANT - Any person who files a complaint.

CONCEALMENT - Any action taken to reduce the observed or measured concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharged.

CONTROL FACILITY - Includes any treatment works, control devices and disposal systems, machinery equipment, structures, property or any part of accessories thereof, installed or acquired for the primary purpose of reducing, controlling, or disposing of industrial waste which, if released to the outdoor atmosphere, could cause air pollution.

CONTROL OFFICER - Air Pollution Control Officer of the NWAPA.

CRITERIA POLLUTANT - A pollutant for which there is established a National Ambient Air Quality Standard at 40 CFR Part 50. The criteria pollutants are carbon monoxide (CO), particulate matter, ozone (O3) sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).

DAYLIGHT HOURS - The hours between official sunrise and official sunset.

ECOLOGY - The Washington State Department of Ecology (WDOE).

EMISSION - A release of air contaminants into the ambient air ((The act of releasing into the atmosphere an air contaminant or a gas stream which contains or may contain an air contaminant, or the material released into the atmosphere)).

EMISSION REDUTION CREDIT (ERC) - A credit granted pursuant to WAC 173-400-131. This is a voluntary reduction in emissions.

EMISSION POINT - The location (place in horizontal plane and vertical elevation) from which an emission enters the atmosphere.

EMISSION STANDARD and EMISSION LIMITATION - A requirement established under the Federal Clean Air Act or chapter 70.94 RCW which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a stationary source to assure continuous emission reduction and any design, equipment work practice, or operational standard adopted under the Federal Clean Air Act or chapter 70.94 RCW ((Limitation on the release of one or more contaminants to the ambient air)).

EMISSIONS UNIT - Any part of a stationary source or source which emits or would have the potential to emit any pollutant subject to regulation under the Federal Clean Air Act, chapter 70.94 RCW ((or)), chapter 70.98 RCW or Regulation of the Authority.

EQUIPMENT - Any stationary or portable device or any part thereof capable of causing the emission of any contaminant into the atmosphere or ambient air.

EXCESS EMISSIONS - Emissions of an air pollutant in excess of any applicable emission standard.

EXISTING STATIONARY FACILITY (FACILITY) - Is defined in WAC 173-400-151 ((A stationary source of air pollutants which has the potential to emit two hundred fifty tons per year or more of any air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable, must be counted. For purposes of determining whether a stationary source is an existing stationary facility the term "building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.))

FEDERAL CLEAN AIR ACT (FCAA) - The Federal Clean Air Act, also known as Public Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990.

FEDERAL CLASS I AREA - Any federal land that is classified or reclassified Class I area. The following areas are the Class I areas in Washington state:


a) Alpine Lakes Wilderness; f) North Cascades National Park;
b) Glacier Peak Wilderness; g) Olympic National Park; and
c) Goat Rocks Wilderness; h) Pasayten Wilderness
d) Mount Adams Wilderness;
e) Mount Rainier National Park;

FEDERAL LAND MANAGER - The secretary of the department with authority over federal lands in the United States. This includes, but is not limited to, the U.S. Department of the Interior - National Park Service, the U.S. Department of Agriculture - Forest Service, and/or the U.S. Department of the Interior - Bureau of Land Management.

FEDERALLY ENCORCABLE - All limitations and conditions which are enforceable by EPA, including those requirements developed under 40 CFR Parts 60, 61 and 63, requirements within the Washington SIP, requirements within any permit established under 40 CFR 52.21 or order of approval under a SIP approved new source review regulation, or any voluntary limits on emissions pursuant to WAC 173-400-091

FIELD GRASSES - Canary grass, bromegrass, oatgrass, timothy, ryegrass, wheatgrass, and orchard grass planted for seed production.

FIRE CHIEF - A state, county, or city fire marshal, city fire chief, chief of each County Fire Protection District or authorized forestry officials from the Washington State Department of Natural Resources.

FUEL BURNING EQUIPMENT - ((Means)) Equipment that produces hot air, hot water, steam, or other heated fluids by external combustion of fuel.

FUGITIVE DUST - A particulate emission made airborne by forces of wind, man's activity, or both. Unpaved roads, construction sites, and tilled land are examples of areas that originate fugitive dust. Fugitive dust is a type of fugitive emission.

FUGITIVE EMISSIONS - Emissions which ((do not pass and which)) could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

HEARINGS BOARD - The state Pollution Control Hearings Board or equivalent local hearings board as set forth in RCW 43.21B.

HOG FUEL BOILER - A boiler that utilizes wood, commonly called "hog fuel", as one source of fuel.

INCINERATOR - A furnace ((or facility)) used primarily for the thermal destruction of waste ((for the destruction of waste burning)).

INPUT HEAT CAPACITY - Is the maximum actual or design heat capacity, whichever is greater, stated in BTU/hr. generated by the stationary source and shall be expressed using the higher heating value of the fuel unless otherwise specified.

INSTALLATION - The placement, assemblage, or construction of equipment or control equipment ((facility)) at the premises where the equipment or control equipment ((facility)) will be used, and includes all preparatory work at such premises.

LOWEST ACHIEVABLE EMISSION RATE (LAER) - For any stationary source that rate of emissions which reflects the more stringent of:

a) the most stringent emission limitation which is contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed new or modified stationary source demonstrates that such limitations are not achievable; or

b) the most stringent emission limitation which is achieved in practice by such class or category of source.

In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable New Source Performance Standards.

MAJOR MODIFICATION - a) "Major modification" as it applies to stationary sources subject to requirements for new stationary sources in nonattainment areas, is defined in WAC 173-400-112. b) "Major modification" as it applies to stationary sources subject to requirements for new stationary sources in attainment or unclassified areas is defined in WAC 173-400-113.

MAJOR STATIONARY SOURCE - a) "Major stationary source" as it applies stationary sources subject to requirements for new stationary sources in nonattainment areas is defined in WAC 173-400-112. b) "Major stationary source" as it applies stationary sources subject to requirements for new stationary sources in attainment or unclassified areas is defined in WAC 173-400-113.

MANDATORY CLASS I FEDERAL AREA - any area defined in Section 162(a) of the Federal Clean Air Act. The following areas are the mandatory Class I federal areas in Washington state:


a) Alpine Lakes Wilderness; f) North Cascades National Park;
b) Glacier Peak Wilderness; g) Olympic National Park; and
c) Goat Rocks Wilderness; h) Pasayten Wilderness
d) Mount Adams Wilderness;
e) Mount Rainier National Park;

MASKING - The mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor.

MATERIALS HANDLING - The handling, transporting, loading, unloading, storage, and transfer of materials with no significant chemical or physical alteration.

MERCURY - The element mercury, excluding any associated elements and includes mercury in particulates, vapors, aerosols, and compounds.

MERCURY ORE - A mineral mined specifically for its mercury content.

MERCURY CHLOR-ALKALI CELL - A device which is basically composed of an electrolyzer section and a denuder (decomposer) section and utilizes mercury to produce chlorine gas, hydrogen gas, and alkali metal hydroxide.

MODIFICATION - Any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted by such stationary source or that results in the emissions of any air contaminant not previously emitted. The term modification shall be construed consistent with the definitions of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.

MULTIPLE CHAMBER INCINERATOR - Any incinerator consisting of two or more combustion chambers in series, employing adequate design parameters necessary for maximum combustion of the material to be burned.

NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) - An ambient air quality standard set by EPA at 40 CFR Part 50 and includes standards for carbon monoxide (CO), particulate matter, ozone (O3), sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS) - The federal rules in 40 CFR Part 61.

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES - The federal rules in 40 CFR Part 63.

NATIONAL POLLUTION DISCHARGE ELIMATION SYSTEM (NPDES) - Shall be referred to as NPDES.

NATURAL CONDITIONS - naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration.

((NEW CONSTRUCTION - It shall be deemed new construction and new source standards shall apply when: (1) equipment and facilities are made and/or used for the first time at a specific location or site, or (2) existing equipment or facilities are modified or altered and the cost thereof is: (a) equal to 50% or greater of replacement cost or (b) less than 50% of replacement cost but may result in an increase in the total air contaminant emissions compared to the original or present emissions.))

NET EMISSIONS INCREASE - a) Net emissions increase as it applies to stationary sources subject to requirements for new sources in nonattainment areas, is defined in WAC 173-400-112. b) Net emissions increase as it applies to stationary sources subject to requirements for new sources in attainment or unclassified areas, is defined in WAC 173-400-113.

NEW SOURCE - a) The construction or modification of a stationary source that increases the amount of any air contaminant emitted by such stationary source or that results in the emission of any air contaminant not previously emitted; and b) Any other project that constitutes a new stationary source under the Federal Clean Air Act.

NEW SOURCE PERFORMANCE STANDARDS (NSPS) - The federal rules in 40 CFR Part 60.

NONATTAINMENT AREA - ((Means)) A geographic area designated by EPA ((the Environmental Protection Agency)) at 40 CFR Part 81(((in effect on July 1, 2000))) as exceeding a National Ambient Air Quality Standard (NAAQS) for a given criteria pollutant. An area is nonattainment ((for)) only for the pollutants for which the area has been designated nonattainment ((that exceed the NAAQS)).

NONHIGHWAY MOBILE SOURCE - A source which is neither used on nor does ordinarily travel on the public roadways and is powered by an internal combustion or other type engine. These sources include, but are not limited to, farm tractors, bulldozers, earthmovers, ships, boats, railroad locomotives and non-commercial aircraft.

NONROAD ENGINE - a) Except as discussed in b) of this definition, a nonroad engine is any internal combustion engine:

1) in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or

2) in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or

3) that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

b) An internal combustion engine is not a nonroad engine if:

1) the engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Federal Clean Air Act; or

2) the engine is regulated by a New Source Performance Standard (NSPS) promulgated under section 111 of the Federal Clean Air Act; or

3) the engine otherwise included in (a)(3) of this definition remains or will remain at a location for more than twelve consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. As seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.

NOTICE OF CONSTRUCTION APPLICATION - A written application to permit construction of a new source, ((or)) modification of an existing stationary source or replacement or substantial alternation of control technology at an existing stationary source.

ODOR - That property or a substance which allows its detections by the sense of smell and/or taste.

ODOR SOURCE - Any source that incurs two verified odor nuisance complaints within a twelve month time period. Odor nuisance complaints are verified by a NWAPA representative according to the criteria of the NWAPA Regulation Sections 530.1 and 535.3.

OPACITY - ((Opacity means)) The degree to which an object seen through a plume is obscured, stated as a percentage ((emission reduces the transmission of light and obscures the view of any object in the background)).

ORDER - Any order issued by the Authority pursuant to chapter 70.94 RCW, including, but not limited to RCW 70.94.332, 70.94.152, 70.94.153, and 70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action order, order of approval, and regulatory order.

ORDER OF APPROVAL, ((or)) APPROVAL ORDER or ORDER OF APPROVAL TO CONSTRUCT (OAC) - A regulatory order issued by the Authority to approve the notice of construction application for a proposed new source or modification, or the replacement or substantial alteration of control technology at an existing stationary source.

OWNER, OPERATOR, or AGENT - Includes the person who leases, supervises or operates the equipment or control facility.

OZONE DEPLETING SUBSTANCE - Substance listed in Appendices A and B to Subpart A of 40 CFR Part 82.

PARTICLE - A small discrete mass of solid or liquid matter.

PARTICULATE MATTER or PARTICULATES - Any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers ((Small discrete masses of liquid or solid, exclusive of uncombined water)).

PARTS PER MILLION (PPM) - parts of a contaminant per million parts of gas, by volume, exclusive of water or particulates.

PATHOLOGICAL WASTE - Human and animal remains consisting of carcasses, organs and solid organic wastes, consisting of up to 85% moisture, 5% incombustible solids.

PERMITTING AGENCY - Ecology or the local air pollution control authority with jurisdiction over the source.

PERSON - ((Means and includes)) An individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.

PETROLEUM LIQUIDS - Petroleum condensate, and any finished intermediate product manufactured in a petroleum refinery but does not mean Number 2 through Number 6 fuel oils as specified in A.S.T.M. D396-69, gas turbine fuel oils Numbers 2-GT through 4-GT as specified in A.S.T.M. D2880-71, or diesel fuel oils Number 2-D and 4-D as specified in A.S.T.M. D975-68.

PM-10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 CFR Part 50 Appendix J and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.

PM-10 EMISSIONS - Finely divided solid or liquid material, including condensible particulate matter, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in Appendix M of 40 CFR Part 51 or by a test method specified in the SIP.

((PORTABLE EQUIPMENT - Equipment designated to be transported from place to place for temporary operation.))

PORTLAND CEMENT PLANT - Any facility manufacturing Portland cement by either the wet or dry process.

POTENTIAL TO EMIT - The maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

PREVENTION OF SIGNIFICANT DETEORATION (PSD) - The program in WAC 173-400-141.

PROCESS - A physical and/or chemical modification or treatment of a material from its previous state or condition.

REASONABLY ATTRIBUTABLE - Attributable by visual observation or any other technique the state deems appropriate.

REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) - The lowest emission limit that a particular stationary source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an individual stationary source or source category taking into account the impact of the stationary source upon air quality the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for any stationary source or source category shall be adopted only after notice and opportunity for comment are afforded.

REFUSE - Putrescrible and non-putrescible solid waste including garbage, rubbish, ashes, dead animals, abandoned automobiles, solid market wastes, street cleanings and industrial wastes including waste disposal in industrial salvage.

REFUSE BURNING EQUIPMENT - Equipment designed to burn (refuse) waste material, scrap or combustion remains.

REGISTRATION - Registration shall mean the process of identifying, delineating and itemizing all air contaminant sources within the jurisdiction of the Authority including the making of periodic reports, as required, by the persons operating or responsible for such sources and may contain information concerning location, size, height of contaminant outlets, processes employed, nature of the contaminant emissions and such other information as is relevant to air pollution and available or reasonably capable of being assembled.

REGULATORY ORDER - An order issued by an Authority to an air contaminant source which applies to that source, any applicable provision of chapter 70.94 RCW, or the rules adopted thereunder, or the NWAPA Regulation.

SIGNIFICANT - a) "Significant," as it applies to stationary sources subject to requirements for new sources in nonattainment areas, is defined in WAC 173-400-112. b) "Significant" as it applies to stationary sources subject to requirements for new sources in attainment or unclassified areas, is defined in WAC 173-400-113 ((means, in reference to a net emission increase or the potential of a source to emit any of the following pollutants, a rate of emission equal to or greater than any of the following rates


Pollutant Tons/Year
Carbon monoxide 100
Nitrogen oxides 40
Sulfur dioxide 40
Particulate matter (PM) 25
Fine Particulate matter (PM-10) 15
Volatile organic compounds (VOCs) 40
Lead 0.6
Flourides 3
Sulfuric acid mist 7
Hydrogen sulfide (H2S) 10
Total reduced sulfur (including H2S) 10
Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans ) 0.0000035
Municipal waste combustor metals (measured as PM) 15
Municipal waste combustor acid gases (measured as SO2 and hydrogen chloride) 40
)).


SMOKE - Gas borne particulate matter in a sufficient amount to be observable.

SOLID WASTE - ((Means)) All putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid materials, which are not primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to septage from septic tanks, dangerous waste, and problem wastes. Solid waste does not include wood waste or sludge from waste water treatment plants.

SOURCE - All of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products. Activities shall be considered ancillary to the production of a single product or functionally related group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

SOURCE CATEGORY - All sources of the same type or classification.

STACK - Any point in a stationary source designed to emit solids, liquids, or gases into the air, including a pipe or duct ((Duct, chimney, flue, conduit, or opening arranged for the emission into the outdoor atmosphere of air contaminants)).

STACK HEIGHT - The height of an emission point measured from the ground-level elevation at the base of the stack.

STANDARD CONDITIONS - ((Standard condition is)) A temperature of 20 degrees C (68 degrees F) and a pressure of 760 mm (29.92 inches) of mercury.

STANDARD CUBIC FOOT OF GAS - That amount of gas which would occupy a cube having dimensions of one foot on each side, if the gas were free of water vapor at a pressure of 14.7 psia and a temperature of 68 degrees F.

STATE ACT - Washington Clean Air Act (RCW 70.94) and RCW 43.21A and 43.21B.

STATE IMPLEMENTATION PLAN (SIP) or Washington SIP - Washington SIP in 40 CFR Part 52, subpart WW. The SIP contains state, local and federal regulations and orders, the state plan and compliance schedules approved and promulgated by EPA, for the purpose of implementing, maintaining, and enforcing National Ambient Air Quality Standards.

STATIONARY SOURCE - Any building, structure, facility, or installation which emits or may emit any air contaminant. This term does not include emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in Section 216(11) of the Federal Clean Air Act.

STRAW - All vegetative material of agricultural origin other than seed removed by swathing, combining or cutting.

SULFURIC ACID PLANT - Any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge.

SYNTHETIC MINOR - Any stationary source whose potential to emit has been limited below applicable thresholds by means of a federally enforceable order, rule, or permit condition.

TON - Short ton or 2000 pounds (a long ton is considered 2240 pounds).

TOTAL SUSPENDED PARTICULATE - Particulate matter as measured by the method described in 40 CFR Part 50 Appendix B ((as in effect on July 1, 1988)).

TOXIC AIR POLLUTANT (TAP) or TOXIC AIR CONTAMINANT - Any Class A or B toxic air pollutant listed in WAC 173-460-150 and 173-460-160. The term toxic air pollutant may include particulate matter and volatile organic compounds if an individual substance or a group of substances within either of these classes is listed in WAC 173-460-150 and/or 173-460-160. The term toxic air pollutant does not include particulate matter and volatile organic compounds as generic classes of compounds.

TRUE VAPOR PRESSURE - The equilibrium pressure exerted by a hydrocarbon at storage conditions.

TURF GRASSES - All blue grasses, fescues, and bentgrass planted for seed production.

((UNAVOIDABLE EXCESS EMISSIONS - Air contaminants emitted in excess of a standard that are excused are not subject to penalty by reason that the event(s) meet the criteria in WAC 173-400-107(4), (5), (6)))

UNCLASSIFABLE AREA - An area that cannot be designated attainment or nonattainment on the basis of available information as meeting or not meeting the National Ambient Air Quality Standard for the criteria pollutant and that is listed by EPA at 40 CFR Part 81.

((U.S.)) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY - Shall be referred to as EPA. ((known as EPA in this regulation))

VOLATILE ORGANIC COMPOUND (VOC) - Any carbon compound that participates in atmospheric photochemical reactions. a) Exceptions. The following compounds are not a VOC: Acetone; carbon monoxide; carbon dioxide; carbonic acid; metallic carbides or carbonates; ammonium carbonate, methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro 1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate and perfluorocarbon compounds that fall into these classes:

1) Cyclic, branched, or linear completely fluorinated alkanes;

2) Cyclic, branched, or linear completely fluorinated ethers with no unsaturations;

3) Cyclic, branched, or linear completely fluorinated tertiary amines with no unsaturations; and

4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

b) For the purpose of determining compliance with emission limits, VOC will be measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where the method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of the compounds is accurately quantified, and the exclusion is approved by Ecology, the Authority, or EPA.

c) As a precondition to excluding these negligibly-reactive compounds as VOC or at any time thereafter, Ecology or the Authority may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of Ecology or the Authority, the amount of negligibly-reactive compounds in the source's emissions.

WOOD WASTE BURNER - A sheet metal or other type of enclosure to form a truncated cone or a single chamber cylindrically shaped incinerator line or constructed of suitable refractory material which employs controlled fuel feed, tangential overfire and underfire air supply system, and is designed and used for the disposal of wood and bark wastes by incineration.

Reviser's note: The spelling errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION


SECTION 300 - NEW SOURCE REVIEW


300.1 ((It shall be unlawful for any person to cause or allow the construction, installation, establishment, or modification of an air contaminant source or emission unit, except those sources that are excluded in Section 300.3, unless a "Notice of Construction and Application for Approval" has been filed with and approved by the Authority.

300.2 Notwithstanding any other subsection of this section, a notice of construction application must be filed and an order of approval issued by the Authority prior to establishment of any of the following new sources:

(a) Any project that qualifies as construction, reconstruction or modification of an affected facility, within the meaning of 40 CFR Part 60 (New Source Performance Standards) (except Part AAA, Woodstoves);

(b) Any project that qualifies as a new or modified source within the meaning of 40 CFR 61.02 (except for asbestos demolition and renovation projects subject to 40 CFR 61.145);

(c) Any project that qualifies as a new source within the meaning of 40 CFR 63.2.

300.3 Except when part of a new major stationary source as defined in WAC 173-400-030 or major modification as defined in WAC 173-400-030 in a nonattainment area, the following air contaminant sources do not need to submit a "Notice of Construction and Application for Approval" approved by the Authority prior to construction, installation, establishment, or modification:

a) Ventilating systems, including fume hoods, not designed to prevent or reduce air contaminant emissions.

b) A project with combined aggregate heat inputs of combustion units, less than or equal to all of the following:

(1) 500,000 Btu/hr using coal with ≤ 0.5 % sulfur or other fuels with ≤ 0.5% sulfur;

(2) 500,000 Btu/hr used oil, per the requirements of RCW 70.94.610;

(3)400,000 Btu/hr wood waste or paper;

(4) 1,000,000 Btu/hr using kerosene, #1, or #2 fuel oil and with ≤ 0.05% sulfur;

(5) 4,000,000 Btu/hr using natural gas, propane, or LPG.

c) Insecticide, pesticide, or fertilizer spray equipment.

d) Stationary internal combustion engines less than 250 kw or 335 hp in size.

e) Laboratory equipment used exclusively for chemical or physical analyses.

f) Laundry dryers without control equipment.

g) Dryers or ovens used solely to accelerate evaporation.

h) Routing, turning, carving, cutting, and drilling equipment used for metal, wood, plastics, rubber, leather, or ceramics which does not release air contaminants to the ambient air.

i) Storage tanks:

1) that do not store substances capable of emitting air contaminants; or

2) that store volatile organic liquids having at true vapor pressure less than 1.5 psia; or

3) with a rated capacity equal to or less than 6,000 gallons storing volatile organic liquids; or

4) with a rated capacity equal to or less than 20,000 gallons storing petroleum liquids.

j) Sanitary or storm drainage systems.

k) Welding, brazing, or soldering equipment.

l) Asphalt roofing and laying equipment (not including manufacturing or storage).

m) Restaurants and other retail food-preparing establishments.

n) Gasoline stations without Stage II vapor recovery.

o) Cold solvent cleaners using a solvent with a true vapor pressure less than or equal to 4.2 kPa (0.6 psia).

p) Retail printing operations (not including web presses).

q) Spray painting or blasting equipment used at a temporary location to clean or paint bridges, water towers, buildings, or similar structures.

r) Sources or emission units not listed above that have the potential to emit (uncontrolled) less than the following air pollutants:

s) Sources of toxic air pollutants listed as exempt from new source review in Chapter 173-460-040 WAC.

t) Any source that has been determined through review by the Control Officer not to warrant a "Notice of Construction and Application for Approval", due to the minimal amount and nature of air contaminants produced, the type of air pollution control device, and potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property. The owner or operator shall submit to the Control Officer, the information necessary to make this determination. The Control Officer shall notify the owner or operator in writing whether a "Notice of Construction and Application for Approval" is required for the source.

300.4 Each "Notice of Construction and Application for Approval" shall be submitted on forms provided by the Authority and shall be accompanied by a set of plans that fully describes the proposed source, the means for prevention or control of the emissions of air contaminants, the appropriate fee as required by Section 324.2, and any additional information required by the Board or Control Officer to demonstrate that the proposed source will meet the requirements of Section 301.

300.5 A "Notice of Construction and Application for Approval" is incomplete until the Authority has received a fee as shown in Section 324.2.

300.6 Within 30 days of receipt of a "Notice of Construction and Application for Approval", the Authority shall notify the applicant in writing if any additional information is necessary to complete the application.

300.7 The Authority shall provide public notice prior to approval or denial of a Notice of Construction if a new or modified source will result in a significant emissions increase. The public notice shall provide for a thirty-day period to receive written comments. No final decision will be made on any "Notice of Construction and Application for Approval" until the comment period has ended and all comments have been considered.

300.8 The applicant, any interested governmental entity, any group, or any person may request a public hearing within the 30-day public notice period published as provided above. Any such request shall indicate the interest of the entity filing it and why a hearing is warranted. The Authority may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held upon such notice and at a time and place as the Authority deems reasonable. The Authority shall provide at least 30 days prior notice of any hearing.

300.9 Control technology determinations issued pursuant to 40 CFR Part 63 Subpart B shall be administered in accordance with procedures specified therein.

300.10 A completed State Environmental Policy Act Guidelines "Environmental Checklist" shall be submitted on forms provided by the Authority in accordance with Chapter 197-10-365 WAC and Section 312 of this regulation, as part of the required "Notice of Construction and Application for Approval".))

300.1 A Notice of Construction or PSD permit application must be filed by the owner or operator and an Order of Approval or PSD permit issued by the Authority prior to the establishment of any new source, except for:

a) Those stationary sources exempt under NWAPA 300.4 (categorical) and NWAPA 300.5 (emission thresholds); and

b) Relocation of any temporary source operating in accordance with NWAPA Section 301.

For purposes of this section "establishment" shall mean to "begin actual construction", as that term is defined in NWAPA Section 200, and "new source" shall include any "modification" to an existing "stationary source", as those terms are defined in NWAPA Section 200.

300.2 Regardless of any other subsection of this section, a Notice of Construction or PSD permit application must be filed and an order of approval or PSD permit issued by the Authority prior to establishment of any of the following new sources:

a) Any project that qualifies as construction, reconstruction or modification of an affected facility, within the meaning of 40 CFR Part 60 (New Source Performance Standards), except Part AAA, Wood stoves (in effect on February 20, 2001);

b) Any project that qualifies as a new or modified source within the meaning of 40 CFR 61.02 (National Emission Standards for Hazardous Air Pollutants) (in effect on February 20, 2001), except for asbestos demolition and renovation projects subject to 40 CFR 61.145;

c) Any project that qualifies as a new source within the meaning of 40 CFR 63.2 (National Emission Standards for Hazardous Air Pollutants for Source Categories) (in effect on February 20, 2001);

d) Any project that qualifies as a new major stationary source, or a major modification;

e) Any modification to a stationary source that requires an increase either in a plant-wide cap or in a unit specific emission limit.

300.3 New source review of a modification shall be limited to the emission unit or units proposed to be added to an existing stationary source or modified and the air contaminants whose emissions would increase as a result of the modification; provided, however, that review of a major modification must comply with WAC 173-400-112 and/or 173-400-113, as applicable.

300.4 Emission unit and activity exemptions.

Except as provided in NWAPA 300.1 and 300.2 of this section, establishment of a new emission unit that falls within one of the categories listed below is exempt from new source review. Modification of any emission unit listed below is exempt from new source review, provided that the modified unit continues to fall within one of the listed categories. The installation or modification of a unit exempt under this subsection does not require the filing of a Notice of Construction application.

a) Maintenance/construction:

1) Cleaning and sweeping of streets and paved surfaces;

2) Concrete application, and installation;

3) Dredging wet spoils handling and placement;

4) Paving application and maintenance, excluding asphalt plants;

5) Plant maintenance and upkeep activities (grounds keeping, general repairs, routine house keeping, routine plant painting, welding, cutting, brazing, soldering, plumbing, retarring roofs, etc.);

6) Plumbing installation, plumbing protective coating application and maintenance activities;

7) Roofing application;

8) Insulation application and maintenance, excluding products for resale;

9) Janitorial services and consumer use of janitorial products.

b) Storage tanks:

Note: It can be difficult to determine requirements for storage tanks therefore it is recommended that the owner or operator contact the Authority to determine the exemption status of storage tanks prior to their installation.

1) Lubricating oil storage tanks except those facilities that are wholesale or retail distributors of lubricating oils;

2) Polymer tanks and storage devices and associated pumping and handling equipment, used for solids dewatering and flocculation;

3) Storage tanks, reservoirs, pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions;

4) Process and white water storage tanks;

5) Operation, loading and unloading of storage tanks and storage vessels, with lids or other appropriate closure and less than 260 gallon capacity (35 cft);

6) Operation, loading and unloading of storage tanks, less than or equal to 1100 gallon capacity, with lids or other appropriate closure, not for use with materials containing toxic air pollutants, as defined in chapter 173-460 WAC, max. VP 550 mm Hg @21 C;

7) Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas with a vessel capacity less than 40,000 gallons;

8) Tanks, vessels and pumping equipment, with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases and acids.

c) A project with combined aggregate heat input capacity of combustion units, less than or equal to all of the following:

1) Less than or equal to 500,000 Btu/hr using coal with less than or equal to 0.5% sulfur or other fuels with less than or equal to 0.5% sulfur;

2) Less than or equal to 500,000 Btu/hr used oil, per the requirements of RCW 70.94.610;

3) Less than or equal to 400,000 Btu/hr wood waste or paper;

4) Less than 1,000,000 Btu/hr using kerosene, #1, or #2 fuel oil and with less than or equal to 0.05% sulfur;

5) Less than or equal to 4,000,000 Btu/hr using natural gas, propane, or LPG.

Note: the heat input capacity of each combustion unit shall be based on the higher heating value of fuel to be used.

d) Material handling:

1) Continuous digester chip feeders;

2) Grain elevators not licensed as warehouses or dealers by either the Washington State Department of Agriculture or the U.S. Department of Agriculture;

3) Storage and handling of water based lubricants for metal working where organic content of the lubricant is less than or equal to 10%;

4) Equipment used exclusively to pump, load, unload, or store high boiling point organic material in tanks less than one million gallon, material with initial atmospheric boiling point not less than 150C or vapor pressure not more than 5 mm Hg @21C, with lids or other appropriate closure.

e) Water treatment:

1) Septic sewer systems, not including active wastewater treatment facilities;

2) NPDES permitted ponds and lagoons used solely for the purpose of settling suspended solids and skimming of oil and grease;

3) De-aeration (oxygen scavenging) of water where toxic air pollutants as defined in chapter 173-460 WAC are not emitted;

4) Process water filtration system and demineralizer vents;

5) Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems;

6) Demineralizer tanks;

7) Alum tanks;

8) Clean water condensate tanks.

f) Environmental chambers and laboratory equipment:

1) Environmental chambers and humidity chambers not using toxic air pollutant gases, as regulated under chapter 173-460 WAC;

2) Gas cabinets using only gases that are not toxic air pollutants regulated under chapter 173-460 WAC;

3) Installation or modification of a single laboratory fume hood;

4) Laboratory calibration and maintenance equipment.

g) Monitoring/quality assurance/testing:

1) Equipment and instrumentation used for quality control/assurance or inspection purpose;

2) Hydraulic and hydrostatic testing equipment;

3) Sample gathering, preparation and management;

4) Vents from continuous emission monitors and other analyzers.

h) Miscellaneous:

1) Single-family residences and duplexes;

2) Plastic pipe welding;

3) Primary agricultural production activities including soil preparation, planting, fertilizing, weed and pest control, and harvesting;

4) Comfort air conditioning;

5) Flares used to indicate danger to the public;

6) Natural and forced air vents and stacks for bathroom/toilet activities;

7) Personal care activities;

8) Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;

9) Tobacco smoking rooms and areas;

10) Noncommercial smokehouses;

11) Blacksmith forges for single forges;

12) Vehicle maintenance activities, not including vehicle surface coating;

13) Vehicle or equipment washing (see c) of this subsection for threshold for boilers);

14) Wax application;

15) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment not including internal and external combustion equipment;

16) Ozone generators and ozonation equipment;

17) Solar simulators;

18) Ultraviolet curing processes, to the extent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted;

19) Electrical circuit breakers, transformers, or switching equipment installation or operation;

20) Pulse capacitors;

21) Pneumatically operated equipment, including tools and hand held applicator equipment for hot melt adhesives;

22) Fire suppression equipment;

23) Recovery boiler blow-down tank;

24) Screw press vents;

25) Drop hammers or hydraulic presses for forging or metal working;

26) Production of foundry sand molds, unheated and using binders less than 0.25% free phenol by sand weight;

27) Kraft lime mud storage tanks and process vessels;

28) Lime grits washers, filters and handling;

29) Lime mud filtrate tanks;

30) Lime mud water;

31) Stock cleaning and pressurized pulp washing down process of the brown stock washer;

32) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities and transportation marketing facilities;

33) Nontoxic air pollutant, as defined in chapter 173-460 WAC, solvent cleaners less than 10 square feet air-vapor interface with solvent vapor pressure not more than 30 mm Hg @21C;

34) Surface coating, aqueous solution or suspension containing less than or equal to 1% (by weight) VOCs, and/or toxic air pollutants as defined in chapter 173-460 WAC;

35) Cleaning and stripping activities and equipment using solutions having less than or equal to 1% VOCs (by weight); on metallic substances, acid solutions are not exempt;

36) Dip coating operations, using materials less than 1% VOCs (by weight) and/or toxic air pollutants as defined in chapter 173-460 WAC.

300.5 Exemptions Based on Emissions Thresholds

a) Except as provided in NWAPA 300.1 and 300.2 of this section and in this subsection:

1) A new emissions unit that has an uncontrolled potential to emit below each of the threshold levels listed in the table contained in (d) of this subsection is exempt from new source review provided that the conditions of (b) of this subsection are met.

2) A modification to an existing emissions unit that increases the unit's actual emissions by less than each of the threshold levels listed in the table contained in (d) of this subsection is exempt from new source review provided that the conditions of (b) of this subsection are met.

b) The owner or operator seeking to exempt a project from new source review under this section shall notify, and upon request, file a brief project summary with the Authority thirty (30) days prior to beginning actual construction on the project. If the Authority determines that the project will have more than a de Minimus impact on air quality as defined in 300.5 d), the Authority shall require the filing of a Notice of Construction or PSD permit application. The Authority may require the owner or operator to demonstrate that the emissions increase from the new emissions unit is smaller than all of the thresholds listed below. In accordance with NWAPA 324.2, a filing and NOC applicability determination fee shall apply when the Authority issues a written determination that a project is exempt for new source review.

c) The owner or operator may begin actual construction on the project thirty-one (31) days after the Authority receives the project summary, unless the Authority notifies the owner or operator within thirty (30) days that the proposed new source requires a Notice of Construction or PSD permit application.

d) Exemption threshold table:

POLLUTANT THRESHOLD LEVEL (ton per year)

1) Total Suspended Particulates: 1.25

2) PM-10: 0.75

3) Sulfur Oxides: 2.0

4) Nitrogen Oxides: 2.0

5) Volatile Organic Compounds: total 2.0

6) Carbon Monoxide: 5.0

7) Lead: 0.005

8) Ozone Depleting Substances: total 1.0 (in effect on July 1, 2000)

9) Toxic Air Pollutants: as specified in chapter 173-460 WAC.

300.6 The Control Officer may require that a new source, that would otherwise be exempt under this section, submit a Notice of Construction application and be granted approval as specified in this section. This discretionary determination shall be based on the nature of air pollution emissions from the stationary source and its potential effect on health, economic and social factors, or physical effects on property. Upon request, the proponent shall submit to the Control Officer, appropriate information as necessary to make this determination.

300.7 Notice of Construction - Submittal Requirements

Each Notice of Construction application shall:

a) be submitted on forms provided by the Authority;

b) be accompanied by the appropriate fee specified in NWAPA 324.2;

c) be accompanied by a completed State Environmental Policy Act (SEPA) checklist consistent with WAC 197-10-365 and NWAPA Section 312; and

d) include a BACT analysis, as defined at the time of submittal, except where the Federal Clean Air Act requires LAER; and

e) An applicant filing a Notice of Construction application for a project described in WAC 173-400-117(2), Special protection requirements for Class I areas, shall send a copy of the application to the responsible federal land manager.

300.8 Notice of Construction - Completeness Determination.

a) Within thirty (30) days after receiving a Notice of Construction or PSD permit application, the Authority shall either notify the applicant in writing that the application is complete or notify the applicant in writing of additional information necessary to complete the application.

b) For a project subject to the Special protection requirements for federal Class I areas in WAC 173-400-117(2), a completeness determination includes a determination that the application includes all information required for review of that project under WAC 173-400-117(3).

c) For a project subject to PSD review under WAC 173-400-141, a completeness determination includes a determination that the application provides all information required to conduct the PSD review.

300.9 Notice of Construction - Final Determination

a) Within sixty (60) days of receipt of a complete Notice of Construction or PSD permit application, the Authority shall either issue a final decision on the application or initiate public notice under WAC 173-400-171 on a proposed decision, followed as promptly as possible by a final decision.

b) A person seeking approval to construct or modify a stationary source that requires an operating permit may elect to integrate review of the operating permit application or amendment required under RCW 70.94.161 and the Notice of Construction or PSD permit application required by this section. A Notice of Construction or PSD permit application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines in chapter 173-401 WAC. A PSD permit application under WAC 173-400-141, a notice of nonattainment area construction application for a major modification in a nonattainment area, or a Notice of Construction application for a major stationary source in a nonattainment area must also comply with WAC 173-400-171.

c) Every final determination on a Notice of Construction or PSD permit application shall be reviewed and signed prior to issuance by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the Authority.

d) If the new source is a major stationary source or the change is a major modification, the application shall be processed in accordance with the applicable sections of WAC 173-400-112, 113, 117 and 171. The permitting agency shall:

1) Submit any control technology determination included in a final Order of Approval or PSD permit to the RACT/BACT/LAER clearinghouse maintained by EPA; and

2) Send a copy of the final Order of Approval or PSD permit to EPA.

300.10 Order of Approval - Appeals

An Order of Approval or PSD permit, any conditions contained in an Order of Approval or PSD permit, or the denial of a Notice of Construction or PSD permit application may be appealed to the pollution control hearings board as provided in chapter 43.21B RCW. The Authority shall promptly mail copies of each order approving or denying a Notice of Construction or PSD permit application to the applicant and to any other party who submitted timely comments on the application, along with a notice advising parties of their rights of appeal to the pollution control hearings board.

300.11 Order of Approval - Time Limitations.

An Order of Approval or PSD permit becomes invalid if construction is not commenced within eighteen months after receipt of the approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable time. The Authority may extend the eighteen-month period upon a satisfactory showing that an extension is justified. An extension for a project operating under a PSD permit must also comply with public notice requirements in WAC 173-400-171. This provision does not apply to the time period between construction of the approved phases of a phased construction project. Each phase must commence construction within eighteen months of the projected and approved commencement date.

300.12 Order of Approval - Change of Conditions.

a) The owner or operator may request, at any time, a change in conditions of an Order of Approval or PSD permit and the Authority may approve the request provided the Authority finds that:

1) The change in conditions will not cause the stationary source to exceed an emissions standard;

2) No ambient air quality standard or PSD increment will be exceeded as a result of the change;

3) The change will not adversely impact the ability of Ecology or the Authority to determine compliance with an emissions standard;

4) The revised order will continue to require BACT, as defined at the time of the original approval, for each new source approved by the order except where the Federal Clean Air Act requires LAER; and

5) The revised order meets the requirements of this section and WAC 173- 400-110, 173-400-112, 173-400-113 and 173-400-141, as applicable.

b) Actions taken under this subsection are subject to the public involvement provisions of WAC 173-400-171.

c) This rule does not prescribe the exact form such requests must take. However, if the request is filed as a Notice of Construction application, that application must be acted upon using the timelines found in NWAPA 300.8 and NWAPA 300.9 and the fee schedule found in NWAPA 324.

300.13 Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source.

a) Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source or emission unit shall file a Notice of Construction application with the Authority. Replacement or substantial alteration of control technology does not include routine maintenance, repair or similar parts replacement.

b) For projects not otherwise reviewable under NWAPA Section 300, the Authority may:

1) Require that the owner or operator employ RACT for the affected emission unit;

2) Prescribe reasonable operation and maintenance conditions for the control equipment; and

3) Prescribe other requirements as authorized by chapter 70.94 RCW.

c) Within thirty (30) days of receipt of a Notice of Construction application under this section the Authority shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application. Within thirty (30) days of receipt of a complete Notice of Construction application under this section the Authority shall either issue an Order of Approval or a proposed RACT determination for the proposed project.

d) Construction shall not "commence," as defined in NWAPA Section 200, on a project subject to review under this section until the Authority issues a final Order of Approval. However, any Notice of Construction application filed under this section shall be deemed to be approved without conditions if the Authority takes no action within thirty (30) days of receipt of a complete Notice of Construction application.

e) Approval to replace or substantially alter emission control technology shall become invalid if construction is not commenced within eighteen months after receipt of such approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable time. The Authority may extend the eighteen-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within eighteen months of the projected and approved commencement date.

300.14 Incorporation of State NSR Regulations

In order to facilitate complete implementation of this section, WAC 173-400-112, 113, 117 and 171 are hereby incorporated by reference.

PASSED: November 12, 1998 Amended: November 12, 1999, March 9, 2000, June 14, 2001, July 10, 2003

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION


SECTION 301 - TEMPORARY SOURCES ((ORDER OF APPROVAL - ORDER TO PREVENT CONSTRUCTION))

((301.1 Within 60 days of receipt of a complete "Notice of Construction and Application for Approval", or as promptly as possible after the close of the public comment period if subject to the public notice requirements of Section 300 of this Regulation, the Board or Control Officer shall issue an Order of Approval or an Order to Prevent Construction. A person seeking approval to construct or modify a source that requires an operating permit may elect to integrate review of the operating permit application or amendment required by Section 322 of this Regulation provided that any such application shall be processed in accordance with the operating permit program procedures and deadlines.))

((301.2 An Order of Approval may provide such conditions of operation as are reasonably necessary to assure compliance with all applicable emission standards and regulations.))

((301.3 No Order of Approval shall be issued unless the "Notice of Construction and Application for Approval" demonstrates to the Board or Control Officer that:))

((a) the operation of the source at the location proposed will not cause or contribute to a violation of an ambient air quality standard;))

((b) the source will meet the requirements of all applicable emission standards;))

((c) best available control technology is employed for the installation of new sources and emission units and the modification of existing sources and emission units; and))

((d) reasonably available control technology is employed for the replacement of existing control equipment.))

((e) the source complies with all applicable federally mandated air pollution control programs.))

((301.4 No Order of Approval shall be issued for a new or modified source of toxic air contaminants unless the "Notice of Construction and Application for Approval" demonstrates to the Board or Control Officer that:))

((a) the increased toxic air pollutant emissions from the source are sufficiently low to protect human health and safety from carcinogenic and/or other toxic effects pursuant to Chapter 173-460-070 WAC; or))

((b) the emissions from the source will not cause air pollution that exceeds the criteria identified in Chapter 173-460-090 WAC or Chapter 173-460-100 WAC and receives approval from the Department of Ecology.))

((301.5 An Order of Approval to Construct shall expire if the owner or operator has failed to commence construction of the source within 12 months of the date of its issuance or if construction is discontinued for a period of more than 12 months. The Control Officer may extend the time limit if it is determined that the project still employs BACT.))

((301.6 An Order to Prevent Construction shall set forth the objections in detail with references to the provisions of this Regulation that would not be met. Such Order shall become final unless, no later than 15 days after the date the Order is served, the applicant petitions for a reconsideration of the Order, with reasons for the reconsideration. The Control Officer shall consider the petition, and shall, within 30 days, give written Order of Approval or final disapproval of the Notice of Construction setting forth the reasons for disapproval.))

((301.7 It shall be unlawful for an owner or operator of a source or emission unit to not abide by the operating and reporting conditions in the Order of Approval.))

((301.8 Portable or temporary sources. For sources not exempted under 300.3, which locate temporarily at particular sites within the Authority's jurisdiction, the owner(s) or operator(s) shall be allowed to operate at the temporary location without filing a notice of construction application, providing:))

((a) The owner(s) or operator(s) notifies the Authority of the intent to operate within the jurisdiction of the Authority at least 15 days prior to starting operation and pays the appropriate fee identified in Section 324.1. Advanced notification may be waived by the Control Officer. Notification can be made after-the-fact for equipment utilized for emergency purposes, and))

((b) The owner(s) or operator(s) supplies sufficient information to enable the Authority to determine that the operation will comply with all applicable air pollution rules and regulations, and))

((c) The operation will not cause a violation of ambient air quality standards, and,))

((d) If the operation is in a nonattainment area, it shall not interfere with the scheduled attainment of ambient standards.))

((e) Permission to operate shall not exceed 90 operating days in any calendar year anywhere within the jurisdiction of the NWAPA. The Authority may set specific conditions for operating during that time period. No source shall continue to operate beyond the allowable 90-day period unless an Order of Approval to Construct has been issued by the Authority. For the purpose of this section an operating day shall be considered any time equipment operates within a consecutive 24-hour period.))

((f) All asphalt and soil desorption plants shall have a valid Order of Approval to Construct from an air quality permitting organization in the State of Washington.))

((g) Portable or temporary sources shall comply with all applicable air pollution rules and regulations.))

((h) Based on source type and emission quantity portable or temporary sources may be subject to new source review at the discretion of the Control Officer.))

((i) Relocation to a new site within the NWAPA jurisdiction requires payment of a fee in accordance with Section 324.2.))

((301.9 No Order of Approval to Construct shall be issued for a new major stationary source or major modification in an attainment area unless the Notice of Construction and Application for Approval demonstrates compliance with the applicable sections of WAC 173-400-113. The definition of a "major stationary source" and "major modification" for the purposes of 301.9 shall be as defined in WAC 173-400-113.))

((301.10 No Order of Approval to Construct shall be issued for a new major stationary source or major modification in a nonattainment area unless the Notice of Construction and Application for Approval demonstrates compliance with the applicable sections of WAC 173-400-112. The definition of a "major stationary source" and "major modification" for the purposes of 301.10 shall be as defined in WAC 173-400-112.))

301.1 This section applies to temporary sources not exempt under NWAPA 300.4 or 300.5, which locate temporarily at sites within the jurisdiction of the Authority. The regulation of nonroad engines under this section is subject to the limitations as set forth in 40 CFR Appendix A to Subpart A of 89 - State Regulation of Nonroad Internal Combustion Engines. The owner or operator of a temporary source shall be allowed to operate at a temporary location without filing a Notice of Construction application or, for nonroad engines, obtaining a regulatory order from the Authority providing that:

a) The owner or operator notifies the Authority each calendar year of the intent to operate within the jurisdiction of the Authority at least fifteen (15) days prior to starting operation and pays the appropriate fees identified in NWAPA Section 324.1;

b) The owner or operator notifies the Authority of the intent to relocate within the jurisdiction of the Authority at least fifteen (15) days prior to relocation;

c) The owner or operator supplies sufficient information to enable the Authority to determine that the operation will comply with all applicable air pollution rules and regulations;

d) The operation does not cause a violation of ambient air quality standards;

e) If the operation is in a nonattainment area, it shall not interfere with the scheduled attainment of ambient standards;

f) The temporary source operates in compliance with all applicable air pollution rules and regulations;

g) A temporary source that is considered a major stationary source within the meaning of WAC 173-400-113 shall also comply with the requirements in WAC 173-400-141;

h) Except for nonroad engines, all temporary sources shall have a valid Order of Approval to Construct from an air quality permitting organization in the State of Washington. The temporary source shall operate in compliance with the conditions set forth in the Order of Approval to Construct. Any reports required by the Order of Approval to Construct shall be submitted to the Authority;

i) Permission to operate shall not exceed ninety (90) operating days in any calendar year anywhere within the jurisdiction of the NWAPA. The Authority may set specific conditions for operating during that time period. No source shall continue to operate beyond the allowable 90-day period unless an Order of Approval to Construct, or for nonroad engines, a regulatory order, has been issued by the Authority. For the purpose of this section, an operating day shall be considered any time equipment operates within a calendar day; and

j) Except for nonroad engines, based on the source type and emission quantity, temporary sources may be subject to new source review at the discretion of the Control Officer.

PASSED: November 12, 1998

AMENDED: March 9, 2000, June 14, 2001, July 10, 2003

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEALER


SECTION 302 - NOTICE OF COMPLETION


Within 30 days of completion of the installation or modification of an air contaminant source subject to the provisions of Section 300 of this Regulation, the owner, operator or applicant shall file a Notice of Completion in writing with the Authority. Each Notice of Completion shall specify the date upon which operation of the source has commenced or will commence.

REPEALER


SECTION 310 - APPROVAL TO OPERATE REQUIRED


310.1 Any person operating an air contaminant source or emission unit in compliance with the terms of an Order of Approval for a Notice of Construction shall receive a Certificate of Approval to Operate from the Authority within one year of start-up unless an alternate schedule is approved by the Control Officer. This provision does not apply to sources or emission units existing prior to February 8, 1996.

310.2 Any Certificate of Approval to Operate or Approval of Construction is subject to review at the end of one year of operation of the facility. If in that time, the facility or item which was approved has not been implemented or other action taken towards operation and/or completion of the project, the Certificate of Approval to Operate or Approval of Construction is revoked except as otherwise provided in Section 301. The owner or applicant may refile at any time under the provisions of this Section.

Passed: January 4, 1970 Amended: February 14, 1973, August 9, 1978, April 14, 1993, February 8, 1996

AMENDATORY SECTION


SECTION 324 - FEES


324.1 Annual Registration Fees

a) The Authority shall levy annual registration program fees as set forth in Section ((324.1(b) below for services provided in)) 324.1(c) to cover the costs of administering the registration program. ((Fees received under the registration program shall not exceed the cost of administering the program.))

b) Upon assessment by the Authority, registration fees are due and payable. A source shall be assessed a late penalty in the amount of twenty-five percent (25%) of the registration fee for failure to pay the registration fee within thirty (30) days after the due date. The late penalty shall be in addition to the registration fee.

c) ((Fees)) All registered air pollution sources shall pay the appropriate registration fee(s) listed in Section 324.1.


REGISTERED SOURCES ((2001 2002 2003 2004 2005
Wastewater treatment plants w/sludge incinerators $535 $555 $575 $595 $615
((Portable or)) Temporary sources $320 $330 $340 $350 $360
((Permanent asphalt plants and)) Thermal soil desorption units $640 $660 $680 $700 $725
Odor source $640 $660 $680 $700 $725
Petroleum coke handling facility $1,280 $1,320 $1,360 $1,400 $1,445
Perchloroethylene dry cleaners $160 $165 $170 $175 $180
Gasoline stations and Bulk plants $160 $165 $170 $175 $180
Chrome plating $160 $165 $170 $175 $180
Volatile Organic Compound Storage Tanks
> or = 6000 gallons, < 40,000 gallons $220 $230 $240 $250 $260
> or = 40,000 gallons $535 $555 $575 $595 $615
Other sources as determined by the Control Officer $160 $165 $170 $175 $180
FOR SOURCES NOT LISTED ABOVE:

ACTUAL EMISSIONS OF TOTAL CRITERIA AND TOXIC AIR POLLUTANTS

< 10 Tons per year $160 $165 $170 $175 $180
> or = 10 tons per year, < 25 tons per year $800 $825 $850 $875 $905
> or = 25 tons per year, < 50 tons per year $1,595 $1,645 $1,695 $1,745 $1,800
> or = 50 tons per year $2,655 $2,735 $2,820 $2,905 $2,995
ADDITIONAL FEES
Each source test required $320 $330 $340 $350 $360
Operation of a Continuous Emission or Opacity Monitor (per CEM or COM)

$320

$330

$340

$350

$360

Each stationary source subject to NSPS or NESHAP (per subpart) except dry cleaners((,)) and chrome platers ((and portable or temporary sources))

$535

$555

$575

$595

$615

Synthetic minor designation $535 $555 $575 $595 $615
Odor Source $640 $660)) $680 $700 $725

324.2 New Source Review Fees


a) ((Fees)) New source review fees listed in Section 324.2 shall be submitted with each Notice of Construction (NOC) application or request for a NOC applicability determination.


((2001 2002 2003 2004 2005
FILING FEE $110 $115 $120 $125 $130
NSR FEES IN ADDITION TO THE FILING FEE: for each piece of equipment or control equipment
General (not classified below) $535 $555 $575 $595 $615
Fuel Burning Equipment (as an aggregate)
> or = 0.5 MM Btu/hr, but <10 MM Btu/hr $270 $280 $290 $300 $310
> or = 10 MM Btu/hr, but <100 MM Btu/hr $1,065 $1,100 $1,135 $1,170 $1,205
> or = 100 MM Btu/hr, but <250 MM Btu/hr $10,600 $10,920 $11,250 $11,590 $11,940
> or = 250 MM Btu/hr, but <500 MM Btu/hr $15,920 $16,400 $16,900 $17,410 $17,935
> or = 500 MM Btu/hr, but < 1000 MM Btu/hr $26,500 $27,350 $28,200 $29,050 $29,925
> or = 1000 MM Btu/hr $42,450 $43,720 $45,100 $46,455 $47,850
Minor ((Notice)) Order of Approval to Construct((ion)) change $270 $280 $290 $300 $310
Asphalt plant $800 $825 $850 $875 $905
Coffee roaster $270 $280 $290 $300 $310
Dry cleaner and Chrome plater $160 $165 $170 $175 $180
Gasoline stations and Bulk plants $320 $330 $340 $350 $360
Refuse burning equipment
< 6 tons per day $1,065 $1,100 $1,135 $1,170 $1,205
> or = 6 tons per day, but < 12 tons per day $3,185 $3,285 $3,385 $3,490 $3,595
> or = 12 tons per day, but < 250 tons per day $21,220 $21,860 $22,520 $23,195 $23,890
> or = 250 tons per day $42,440 $43,715 $45,030 $46,380 $47,775
Paint spray booth $160 $165 $170 $175 $180
Volatile Organic Compounds Storage Tanks
< 40,000 gallons $320 $330 $340 $350 $360
> or = 40,000 gallons $1,065 $1,100 $1,135 $1,170 $1,205
Soil thermal desorption unit $800 $825 $850 $875 $905
((Relocation of portable or temporary source to a new site within the NWAPA jurisdiction)) $320 $330 (($340))
Other sources as determined by the Control Officer $160 $165 $170 $175 $180
ADDITIONAL FEES
Synthetic minor determination (WAC 173-400-091) $800 $825 $850 $875 $905
SEPA threshold determination (NWAPA lead agency, 14-day comment period) $270 $280 $290 $300 $310
Air toxics review $430 $445 $460 $475 $490
Major stationary source, major modification, PSD thresholds $2,125 $2,190 $2,260 $2,330 $2,400
PSD applicability analysis $3,200 $3,300 $3,400 $3,505 $3,610
Each ((emission units)) stationary source subject to NSPS excluding subparts Dc and AAA or NESHAP (per subpart) except dry cleaners and chrome platers

$1,065

$1,100

$1,135

$1,170

$1,205

Public notice (plus publication fee) $220 $230 $240 $250 $260
Public hearing (plus publication fee) $535 $555 $575 $595 $615
NOC applicability determination $220 $230 $240 $250 $260
Each CEM or alternate monitoring device installed $535 $555 $575 $595 $615
Each source test (per pollutant, per unit) required in NOC $535 $555 $575 $595 $615
Bubble application $1,065 $1,100 $1,135 $1,170 $1,205
Netting analysis $535 $555 $575 $595 $615
Non-exempt units under Title IV acid rain program $2500 $2600)) $2,700 $2,785 $2,870

324.3 Variance Fee. $3,000.00 (($1,000.00))

324.4 Issuance of Emission Reduction Credits. $850.00 (($500.00))

324.5 ((New Source Review)) Plan and examination, filing, SEPA review, and emission reduction credit fees ((, and other applicable fees)) may be reduced at the discretion of the Control Officer by up to 75 percent for existing stationary sources implementing pollution prevention or undertaking voluntary and enforceable emission reduction projects.

PASSED: November 12, 1998

Amended: November 12, 1999, June 14, 2001, July 10, 2003

Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION


SECTION 325 -- TRANSFER


325.1 A registration, regulatory order, approval to construct, operate or use any article, machine, equipment, ((facility)) or other contrivance, ((the use of which may cause emission of air contaminants,)) shall not be transferable, whether by operation of law or otherwise, either from one location to another((,)) or from one piece of equipment to another((, or from one person to another. P)) provided that, registered sources which are designed to be portable and are moved from one location to another, may retain the same registration so long as they ((remain within the jurisdiction of the authority)) abide by the requirements of NWAPA Sections 300 and 301.


Passed: February 4, 1970 Amended: February 14, 1973, July 10, 2003

Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION


SECTION 502 - OUTDOOR BURNING


502.5 OUTDOOR BURNING PERMIT PROGRAM/REQUIREMENTS

C. FEES.

1. Permitting agencies may charge a fee for any permit issued, provided that a fee must be charged for all permits issued for weed abatement fires and fire fighting instruction fires.

2. All fees must be set by rule and must not exceed the level necessary to recover the costs of administering and enforcing a permit program.


TYPE OF PERMIT FEE
Annual training (single location) $250.00/year
Extinguisher Training $25.00/training exercise
Structure training $50.00/training exercise
Weed abatement $25.00 minimum/up to ten acres per location. $2.00/ acre thereafter.

502.7 ADDITIONAL REQUIREMENTS FOR LAND CLEARING BURNING. The following "best available burning practices" shall be used when land clearing burns are conducted on land not subject to the Forest Protection Assessment (RCW 76.04.610). Land clearing burning conducted on lands subject to the Forest Protection Assessment is regulated by the Washington Department of Natural Resources under WAC 332-24-201.

G. Outdoor fires for the purpose of land clearing burning must have a written permit from the appropriate fire permitting agency. Not withstanding the restrictions listed in Sections 502.6(A) through 502.6(((G)))(F) above, all land clearing fires must meet any additional conditions listed on the permit and all other applicable air pollution regulations.

PASSED; June 14, 2001 Amended: July 10, 2003

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