WSR 03-11-045

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[ Filed May 16, 2003, 9:31 a.m. ]

Original Notice.

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

Title of Rule: Amendments to the following sections of Olympic Region Clean Air Agency (ORCAA) Regulation 1: Article 1 (Policy, Short Title and Definitions); Article 3 (General Provisions); Article 5 (Registration); Article 6 (Operating Permits); and Article 7 (Notice of Construction and Application for Approval).

Purpose: Amendment of ORCAA's Regulation 1 is necessary to achieve conformity and alignment with state and federal air quality laws and is a prerequisite for incorporation of ORCAA's regulations into the state implementation plan (SIP) for Washington.

Other Identifying Information: State implementation plans (SIPs) are state plans for attaining and maintaining the national ambient air quality standards.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141 and [70.94.]151 - [70.94.]162.

Summary: The proposed amendments to Articles 1, 3, 5, 6, and 7 of ORCAA Regulation 1 resolve conflicts and inconsistencies with the Washington Clean Air Act (chapter 70.94 RCW) and with requirements for state air pollution programs pursuant to Subpart I of 40 C.F.R. Part 51 that have been identified by the United States Environmental Protection Agency (EPA) and by the State Department of Ecology (ecology).

Reasons Supporting Proposal: Incorporation of ORCAA's regulations in the Washington SIP is necessary to maintain a local air pollution control program administered by ORCAA through local regulations. Resolving conflicts and inconsistencies with the Washington Clean Air Act will provided clarity and consistency to regulated sources.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Goodin, 2940 B Limited Lane N.W., Olympia, WA 98502, (360) 586-1044.

Name of Proponent: Olympic Region Clean Air Agency (ORCAA), governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No fiscal impact to agency.

Rule is necessary because of federal law, 40 C.F.R. Part 51, Subpart I.

Explanation of Rule, its Purpose, and Anticipated Effects: ORCAA Regulation 1 implements the Washington Clean Air Act (chapter 70.94 RCW). The proposed changes to ORCAA Regulation 1 include amendments to Article 1 (Policy, Short Title and Definitions); Article 3 (General Provisions); Article 5 (Registration); Article 6 (Operating Permits); and, Article 7 (Notice of Construction and Application for Approval).

The proposed amendments resolve certain conflicts and inconsistencies with the Washington Clean Air Act (chapter 70.94 RCW) and with requirements for state air pollution programs pursuant to Subpart I of 40 C.F.R. Part 51, that have been identified by the United States Environmental Protection Agency (EPA) and by the state Department of Ecology (ecology). Upon final adoption of the proposed Regulation 1 changes these issues will be resolved, and ORCAA's regulations can be incorporated into the state implementation plan (SIP) for Washington. The Washington SIP is the Washington's comprehensive plan for attaining and maintaining the national ambient air quality standards. Incorporation of ORCAA's regulations into the Washington SIP is important for maintaining a local air regulatory program administered by ORCAA through a comprehensive set of local regulations.

The proposed changes are intended to clarify requirements for existing and new stationary sources of air pollution by eliminating conflicts with chapter 70.94 RCW and Subpart I of 40 C.F.R. Part 51. The proposed changes will also reduce the number of duplicative applicable state regulations once ORCAA's rules are incorporated into the Washington SIP. After incorporation into the Washington SIP, ORCAA's rules will be recognized as the body of rules implementing both the Washington Clean Air Act and federal requirements for state programs under Subpart I of 40 C.F.R. Part 51 within ORCAA's jurisdiction. Clarifying ORCAA's applicable air requirements and reducing the number of redundant applicable state regulations will make it easier for existing and new sources to comply.

Proposal Changes the Following Existing Rules: In Article 1, Section 1.07, definitions were changed to make them consistent with definitions of the same terms in both state and federal regulations. Several definitions were also added to clarify terms used in Regulation 1 that were either not defined previously or are new terms used.

In Article 3, the following changes were made to align ORCAA's regulations with chapter 70.94 RCW:

1. Section 3.03 was amended to clarify that ambient air quality data and emissions data can not be considered as confidential.

2. Sections 3.17 and 3.19 were amended to clarify when orders issued by the authority become final, and how and when they can be appealed. Also, the provision in section 3.19 requiring an automatic stay of orders issued by ORCAA that are appealed was removed. A provision for stay of appealed orders at the discretion of the authority was added to section 3.17.

In Article 5, the following changes were made to achieve consistency with the state's requirements for registration pursuant to chapter 70.94 RCW:

1. Section 5.00, Definitions, was deleted since all definitions for Regulation 1 were incorporated into section 1.07 of Article 1.

2. Section 5.01 was amended to align ORCAA's registration applicability and exemption lists with the state's.

3. Section 5.02 was amended to clarify the scope of ORCAA's registration program.

4. Section 5.03 was amended to clarify the requirements for stationary sources subject to registration and to resolve conflicts with both RCW 70.94.151 and Subpart I of 40 C.F.R. Part 51 that were identified by the U.S. EPA.

5. Section 5.03 was amended to achieve more consistent use of terms throughout Regulation 1. Also, the description of the registration classification category for gasoline stations was revised to be consistent with existing state regulations.

6. Section 5.05 was amended to achieve more consistent use of terms throughout Regulation 1. Also, changes were made to clarify the purpose of the ORCAA's annual workload analysis for the registration program.

In Article 6, the following changes were made to achieve consistency with RCW 70.94.152 and requirements under the state's operating permit regulation, chapter 173-401 WAC:

1. Section 6.00 definitions deleted and moved to Article 1.

2. Section 6.03 was amended to exclude notice of construction fees paid by major sources from being accounted for in ORCAA's Title V program. The proposed change allows notice of construction fees pair by major sources to be accounted as revenue for ORCAA's notice of construction programs. According to the U.S. EPA, this meets the requirement of RCW 70.94.152(2) which specifies that notice of construction fees be deposited in a dedicated account.

3. Minor clarifying changes made throughout Article 6.

In Article 7, the following changes were made to achieve consistency with RCW 70.94.152, the state's new source review program under chapter 173-400 WAC, and requirements for state new source review programs pursuant to Subpart I of 40 C.F.R. Part 51:

1. Section 7.01 was amended to align applicability thresholds and exemptions with the state's new source review program. Also, language was added to specify actions for which new source review is mandatory.

2. Section 7.02 was amended to clarify requirements for those actions subject to requirements to file a Notice of Intent (NOI) to operate. Also, NOI fees for new source types subject to a NOI were added to the NOI fee table.

3. Section 7.03 was amended to comprehensively address notice of construction (NOC) application processing requirements and schedules. Changes and additions align ORCAA's new source review (NSR) program with the state's NSR program pursuant to RCW 70.94.152.

4. Section 7.04 was amended by adding a mechanism facilitating an opportunity to request a public notice and comment period on all NOC applications received. This change was made to meet federal public participation requirements for state programs under Subpart I of 40 C.F.R. Part 51.

5. Section 7.05 was deleted in its entirety and replaced with a section 7.06.

6. Section 7.06 was added to comprehensively address requirements for approval of new stationary sources and modifications subject to approval through a NOC application. The requirements for approval in section 7.06 are the same as the requirements for approval in the state's NSR program under WAC 173-400-110.

7. Section 7.07 was amended to clarify the requirements for submitting a notice of completion.

8. Section 7.09 was deleted and requirements for conditional approvals of NOC applications were incorporated in section 7.03.

9. Section 7.11 was completely revised to make it consistent with RCW 70.94.152.

10. Section 7.12 was added for purposes of creating a comprehensive program for regulating relocation of temporary portable sources of air pollution that is consistent with definitions for Subpart I of 40 C.F.R. Part 51 and does not conflict with federal provisions for nonroad engines.

11. Section 7.13 was amended to clarify when NOC fees are due.

12. Sections 7.17 and 7.18 were completely deleted and requirements were incorporated into section 7.06.

13. Section 7.19 was amended to maintain consistent use of terms.

14. Section 7.20 was amended to clarify applicability of WAC 173-400-141.

15. Section 7.21 was completely deleted and requirements were moved to section 7.06.

16. Section 7.21 was added to be consistent with chapter 70.94 RCW and WAC 173-400-091.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the Regulatory Fairness Act (chapter 19.85 RCW) because air pollution control authorities are not deemed state agencies (RCW 70.94.141).

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on August 13, 2003, at 10:00.

Assistance for Persons with Disabilities: Contact Craig Weckesser by April 3, 2003, (360) 586-1044 ext. 111.

Submit Written Comments to: Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, fax (360) 586-1044, by August 13, 2003.

Date of Intended Adoption: August 13, 2003.

May 16, 2003

Richard Stedman

Executive Director

AMENDATORY SECTION


ARTICLE 1

POLICY, SHORT TITLE AND DEFINITIONS


SECTION 1.01 POLICY


The ((Olympic Air Pollution Control Authority)) Olympic Region Clean Air Agency, consisting of the counties of Clallam, Grays Harbor, Jefferson, Mason, Pacific and Thurston, having formed pursuant to Chapter 70.94 RCW, as amended, adopts the following Regulation to control the emission of air contaminants from sources within the jurisdiction of the Authority: to provide for the uniform administration and enforcement of this Regulation: and to administer the requirements and purposes of Chapter 70.94 RCW, as amended, and the Federal Clean Air Act.

It is hereby declared to be the public policy of the ((Olympic Air Pollution Control Authority)) Olympic Region Clean Air Agency to secure and maintain such levels of air quality as will protect human health and safety; and, to the greatest degree practicable, prevent injury to plant and animal life and to property; and be consistent with the social, economic and industrial well-being of the territory of the Authority.

SECTION 1.03 NAME OF AUTHORITY


The name of the multi county air pollution control authority comprised of the activated or inactivated air pollution control authorities of Clallam County, Grays Harbor County, Jefferson County, Mason County, Pacific County, and Thurston County shall be known and cited as the "((Olympic Air Pollution Control Authority)) Olympic Region Clean Air Agency."

SECTION 1.05 SHORT TITLE


This Regulation may be known and cited as "Regulation 1 of the ((Olympic Air Pollution Control Authority)) Olympic Region Clean Air Agency."

SECTION 1.07 DEFINITIONS


When used in regulations of the Olympic ((Air Pollution Control Authority)) Region Clean Air Agency, the following definitions shall apply, unless defined otherwise ((they are preempted by definitions)) in individual Articles:

(1) "Actual Emissions" means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with (a) through (c) of this subsection.

(a) In general, 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 ((one)) two-year period which precedes the particular date and which is representative of normal source operation. The Authority shall allow the use of a different time period upon a determination that it is more representative of normal 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 source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.

(c) For an 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.

(2) "Agency" shall mean the same as "Authority".

((Agricultural Burning means burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, or where identified as a best management practice by the agricultural burning practices and research task force established in RCW 70.94.650 or other authoritative source on agricultural practices.))

(3) "Agricultural Operation" means the growing of crops, the raising of fowl or animals as gainful occupation.

(4) "Air Contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. "Air pollutant" means the same as "air contaminant."

(5) "Air Pollution" means 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, property, or which unreasonably interferes with enjoyment of life and property. For the purpose 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.

(6) "Air Pollution Episode" means a period when a forecast, alert, warning, or emergency air pollution state is declared, as stated in Chapter 173-435 WAC.

(7) "Allowable Emissions" means the emission rate of a source calculated using the maximum rated capacity of the source (unless the ((stationary)) source is subject to federally enforceable limits ((enforceable by the Authority)) which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

(a) The applicable standards as set forth in 40 CFR part 60, 61 or 63;

(b) Any applicable state implementation plan emissions limitation including those with a future compliance date; or;

(c) The emissions rate specified as a federally enforceable permit condition, ((in an approval order, permit condition, or regulatory order issued by the Authority)) including those with a future compliance date.

(8) "Alteration" means the act of altering, which means to change or make different and includes any addition to or enlargement or replacement; ((or any major modification)) or change of the design, capacity, process or arrangement; or any increase in the connected loading of equipment or control facility; or any change in fuels, method of operation or hours of operation not previously approved by the Agency through a Notice of Construction Approval, which would ((will significantly)) increase or adversely affect the kind or amount of air contaminant emitted by a stationary source.

(9) "Ambient Air" means ((that portion of the atmosphere external to a building to which the general public has access)) the surrounding outside air.

(10) "Ambient Air Quality Standard" means an established concentration, exposure time, and frequency of occurrence of air contaminant(s) in the ambient air which shall not be exceeded.

(11) "Ancillary" for the purpose of defining "stationary source" or "source," means "related."

(12) "Approval order" is defined in "order of approval."

(13) "Attainment Area" means a geographic area designated by EPA at 40 CFR Part 81 as having attained the National Ambient Air Quality Standard for a given criteria pollutant.

(14) "Authority" means the Olympic Region Clean Air Agency ((Air Pollution Control Authority)). Agency shall mean the same as Authority.

(15) "Authorized Permitting Agent" means either the county, county fire marshal, fire districts, or county conservation district, provided an agreement has been signed with the local air pollution control authority or Department of Ecology.

(16) "Begin actual construction" means, 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 operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(17) "Best Available Control Technology" (BACT) means an emission limitation (((including a visible emission standard))) based on the maximum degree of reduction for each air pollutant subject to ((this)) regulation under chapter 70.94 RCW emitted from or which results from any new or modified stationary source ((which would be emitted from any proposed new or modified source)) which the permitting 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((s)) 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 such air pollutant. In no event shall application of the best available control technology result in emissions of any ((air)) pollutants which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60, Part 61, and Part ((61)) 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 definition of BACT in the Federal Clean Air Act as it existed prior to enactment of the Clean Air Act Amendments of 1990. ((If the reviewing authority determines that technological or economic limitations on the application of the imposition of an emission standard is infeasible, it may instead prescribe a design, equipment, work practice or operational standard, or combination thereof, to meet the requirement of BACT. 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 which achieve equivalent results. The term "all known available and reasonable methods of emission control" is interpreted to mean the same as best available control technology.))

((Best Available Retrofit Technology (BART) means 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 source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.))

(18) "Board" means the Board of Directors of the Olympic ((Air Pollution Control Authority)) Region Clean Air Agency.

(19) "Bubble" means a set of emission limits which allows an increase in emissions from a given emissions unit(((s))) in exchange for a decrease in emissions from another emissions unit(((s))), pursuant to RCW 70.94.155 and section 7.21 of the Regulation.

(20) "Capacity Factor" means the ratio of the average load on equipment or a machine for the period of time considered, to the manufacturer's capacity rating of the machine or equipment.

(21) "Class I Area" means any area designated ((pursuant to )) 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;

(b) Glacier Peak Wilderness;

(c) Goat Rocks Wilderness;

(d) Mount Adams Wilderness;

(e) Mount Rainier National Park;

(f) North Cascades National Park;

(g) Olympic National Park;

(h) Pasayten Wilderness; and,

(i) Spokane Indian Reservation.

(22) "Combustible Refuse" means any burnable waste material containing carbon in a free or combined state other than liquid or gases.

(23) "Combustion and Incineration Units" means units using combustion for waste disposal, steam production, chemical recovery or other process requirements; but excludes open burning.

(24)

(a) "Commenced"((,)) as applied to CONSTRUCTION means that the owner or operator has all the necessary preconstruction approvals or permits and either has:

(i) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonably time; or

(ii) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the 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.

(25) "Concealment" means 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.

(26) "Control Apparatus" means any device which prevents or controls the emission of any air contaminant.

(27) "Control Officer" means the Air Pollution Control Officer of the Olympic ((Air Pollution Control Authority)) Region Clean Air Agency. Executive Director means the same as Control Officer.

(28) "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.

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

(30) "Daylight Hours" means the hours between official sunrise and official sunset.

(31) "Director of Ecology" means director of the Washington state department of ecology or duly authorized representative.

(32) "Dispersion Technique" means a method which attempts to affect the concentration of a pollutant in the ambient air other than by the use of pollution abatement equipment or integral process pollution controls.

(33) "Ecology" means the Washington State department of ecology.

(34) "Emission" means a release of air contaminants into the ambient air.

(35) "Emission Point" means the location (place in horizontal plane and vertical elevation) at which an emission enters the atmosphere.

(36) "Emission reduction credit (ERC)" means a credit granted pursuant to section 7.22. This is a voluntary reduction in emissions.

(37) "Emission Standard" and "Emission Limitation" ((EMISSION LIMITATION or EMISSION STANDARD)) means requirement established ((by the EPA, Ecology, or the Authority)) under the Federal Clean Air Act or chapter 70.94 RCW which limits the quantity, rate, or concentration of emissions of air ((pollutants)) contaminants on a continuous basis, including any requirement((s which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction)) relating to the operation or maintenance of a 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.

(38) "Emission Unit" means any part of a stationary source or ((a stationary)) source which emits or would have the potential to emit any pollutant subject to regulation under the Federal Clean Air Act, chapter 70.94 or 70.98 RCW.

(39) "EPA" means the United States Environmental Protection Agency (USEPA).

(40) "Equipment" means any stationary or portable device, or any part thereof, capable of causing the emission of any air contaminant into the atmosphere.

(41) "Excess Emission" means emissions of an air pollutant in excess of an applicable emission standard ((or emission limitation)).

(42) "Establishment" means the act of establishing, which means creating, setting up, or putting into practice any equipment, material, fuel, or operational change.

(43) "Excess Stack Height" means that portion of a stack which exceeds the greater of sixty five meters or the calculated stack height described in WAC 173-400-200(2).

(44) "FACILITY" is defined as all emission units in the same industrial grouping located on contiguous or adjacent properties and under common ownership of control.

(45) "Federal Class I Area" means any federal land that is classified or reclassified Class I. The following areas are federal Class I areas in Washington state:

(a) Alpine Lakes Wilderness;

(b) Glacier Peak Wilderness;

(c) Goat Rocks Wilderness;

(d) Mount Adams Wilderness;

(e) Mount Rainier National Park;

(f) North Cascades National Park;

(g) Olympic National Park; and

(h) Pasayten Wilderness.

(46) "Federal Clean Air Act (FCAA)" means 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 Land Manager means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.))

(47) "Federally Enforceable" means 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 section 7.21 or WAC 173-400-091.

(48) "Fee Eligible Generating Equipment" means, for purposes of calculating Article 5 fees, any equipment or process capable of generating or emitting air contaminants except for the equipment and processes listed in (a) through (g) below:

(a) Gasoline or other fuel storage tanks located at dispensing facilities as defined in Article 15.

(b) Storage tanks and other equipment located at dry cleaning facilities.

(c) Combustion units with less than 10 million BTUs per hour heat input.

(d) Process equipment with less than 5,000 ACFM flow rate.

(e) Paint spray booths and related paint spraying equipment.

(f) Mobile sources.

(g) Any other equipment or process determined appropriate for this exemption by the Authority.

(49) "Fee Eligible Stack" means, for purposes of calculating fees pursuant to Article 5, any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct, except for the following:

(a) Emission points associated with gasoline or fuel dispensing stations.

(b) Emission points associated with dry cleaning facilities.

(c) Pipes or ducts equal to or less than six (6) inches in diameter.

(d) Any other emission point determined appropriate for this exemption by the Authority.

(50) "Fossil Fuel-fired Steam Generator" means a device, furnace, or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

(51) "Fuel Burning Equipment" means any equipment, device or contrivance used for the burning of any fuel, and all appurtenances thereto, including ducts, breechings, control equipment, fuel feeding equipment, ash removal equipment, combustion controls, stacks, chimneys, etc., used for indirect heating in which the material being heated is not contacted by and adds no substances to the products of combustion.

(52) "Fugitive Dust" means 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.

(53) "Fugitive Emissions" means emissions which ((do not pass, and which)) could not reasonably pass((,)) through a stack, chimney, vent, or other functionally equivalent opening.

(54) "Garbage" means refuse, animal or vegetable matter as from a kitchen, restaurant or store.

(55) "General Process Unit" means an emissions unit using a procedure or combination of procedures for the purpose of causing a change in material by either chemical or physical means, excluding combustion.

(56) "Generating Equipment" means any equipment, device, process or system that creates any air contaminant(s) or toxic air pollutant(s).

(57) "Good Engineering Practice (GEP)" refers to a calculated stack height based on the equation specified in WAC 173-400-200 (2)(a)(ii).

(58) "Hog-fuel" means wood slabs, edging, trimmings, etc., which have been put through a "hog" to reduce them to a uniform small size, and also includes shavings from planing mills, sawdust from saw-kerfs, bits of bark, chips and other small recovered products from the manufacture of wood products or any combination thereof.

(59) "Identical Units" means units installed and operated in a similar manner on the same premises provided the materials handled, processed, or burned are substantially the same in composition and quantity and their design, mode of operation, connected devices and types and quantities of discharge are substantially the same.

(60) "Impaired Air Quality" means a condition declared by the department or a local air authority in accordance with the following criteria:

(a) Meteorological conditions are conducive to accumulation of air contamination concurrent with:

(i) Particulate that is ten micron and smaller in diameter (PM-10) at or above an ambient level of sixty (60) micrograms per cubic meter measured on a twenty-four-hour average; or

(ii) Carbon monoxide at an ambient level of eight parts of contaminant per million parts of air by volume (ppm) measured on an eight-hour average.

(b) Air quality that threatens to exceed other limits established by the department or a local air authority.

(61) "Incinerator" means a furnace used primarily for the thermal destruction of waste.

(62) "In Operation" means engaged in activity related to the primary design function of the source.

(63) "Installation" means the act of installing, which means placing, assembling or constructing equipment or control equipment at the premises where the equipment or control equipment will be used, and includes all preparatory work at such premises.

(64) "LIDAR (Light Detection and Ranging)" means the EPA alternate method 1 determination of the opacity of emissions from stationary sources remotely by LIDAR.

(65) "Lowest Achievable Emission Rate (LAER)" means 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 stationary 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 stationary 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.

(66) "Major Modification" is defined depending on the attainment status of the area in which the project is located, or planned to be located, as follows:

(a) Nonattainment Areas. "Major Modification," as it applies in nonattainment areas means any physical change in or change in the method of operation of a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the Federal Clean Air Act.

(i) Any net emissions increase that is considered significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.

(ii) A physical change or change in the method of operation shall not include:

(A) Routine maintenance, repair and replacement;

(B) Use of an alternative fuel or raw material by reason of an order under section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule under section 125 of the Federal Clean Air Act;

(D) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

(E) Use of an alternative fuel or raw material by a stationary source which: The stationary source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit or approval order condition which was established after December 12, 1976, pursuant to 40 CFR 52.21 or a SIP approved new source review regulation; or The source is approved to use under any major new source review permit or approval order issued under subsection 7.05(b) or WAC 173-400-112;

(F) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit or approval order condition which was established after December 21, 1976, pursuant to 40 CFR 52.21 or a SIP approved new source review regulation.

(G) Any change in ownership at a stationary source.

(H) The addition, replacement, or use of a pollution control project (as defined in 40 CFR 51.165 (a)(1)(xxv), in effect on July 1, 2001) at an existing electric utility steam generating unit, unless the permitting agency determines that such addition, replacement, or use renders the unit less environmentally beneficial, or except:

(I) When the permitting agency has reason to believe that the pollution control project would result in a significant net emissions increase in representative actual annual emissions of any criteria pollutant over levels used for that stationary source in the most recent air quality impact analysis in the area conducted for the purpose of title I of the Federal Clean Air Act, if any; and

(II) The permitting agency determines that the increase will cause or contribute to a violation of any National Ambient Air Quality Standard or PSD increment, or visibility limitation.

(I) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(I) The SIP; and

(II) Other requirements necessary to attain and maintain the National Ambient Air Quality Standard during the project and after it is terminated.

(b) Attainment or unclassified areas. "Major Modification," as it applies in attainment or unclassified areas means any physical change in or change in the method of operation of a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the Federal Clean Air Act.

(i) Any net emissions increase that is considered significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.

(ii) A physical change or change in the method of operation shall not include:

(A) Routine maintenance, repair and replacement;

(B) Use of an alternative fuel or raw material by reason of an order under section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule section 125 of the Federal Clean Air Act;

(D) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

(E) Use of an alternative fuel or raw material by a stationary source which:

(I) The stationary source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition or approval order which was established after January 6, 1975, pursuant to 40 CFR 52.21 or a SIP approved new source review regulation; or

(II) The stationary source is approved to use under any PSD permit;

(F) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition or an approval order which was established after January 6, 1975, pursuant to 40 CFR 52.21 or a SIP approved new source review regulation.

(G) Any change in ownership at a stationary source.

(H) The addition, replacement, or use of a pollution control project at an existing electric utility steam generating unit, unless the permitting agency determines that such addition, replacement, or use renders the unit less environmentally beneficial, or except:

(I) When the permitting agency has reason to believe that the pollution control project (as defined in 40 CFR 51.166, in effect on July 1, 2001) would result in a significant net emissions increase in representative actual annual emissions of any criteria pollutant over levels used for that stationary source in the most recent air quality impact analysis in the area conducted for the purpose of title I of the Federal Clean Air Act, if any; and

(II) The permitting agency determines that the increase will cause or contribute to a violation of any National Ambient Air Quality Standard or PSD increment, or visibility limitation.

(I) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the SIP, and other requirements necessary to attain and maintain the National Ambient Air Quality Standard during the project and after it is terminated.

(67) "Major Stationary Source" is defined depending on the attainment status of the area in which the stationary source is located, or planned to be located, as follows:

(a) Nonatainment areas. "Major Stationary Source," as it applies in nonattainment areas means:

(i) Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation under the Federal Clean Air Act, except that lower emissions thresholds shall apply as follows:

(A) 70 tons per year of PM-10 in any "serious" nonattainment area for PM-10.

(B) 50 tons per year of carbon monoxide in any "serious" nonattainment area for carbon monoxide where stationary sources contribute significantly to carbon monoxide levels in the area.

(ii) Any physical change that would occur at a stationary source not qualifying under (b)(i) of this subsection as a major stationary source, if the change would constitute a major stationary source by itself.

(iii) A major stationary source that is major for volatile organic compounds or NOx shall be considered major for ozone.

(iv) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this paragraph whether it is a major stationary source, unless the stationary source belongs to one of the following categories of stationary sources or the stationary source is a major stationary source due to (b)(i)(A) or (b)(i)(B) of this subsection:

(A) Coal cleaning plants (with thermal dryers);

(B) Kraft pulp mills;

(C) Portland cement plants;

(D) Primary zinc smelters;

(E) Iron and steel mills;

(F) Primary aluminum ore reduction plants;

(G) Primary copper smelters;

(H) Municipal incinerators capable of charging more than 50 tons of refuse per day;

(I) Hydrofluoric, sulfuric, or nitric acid plants;

(J) Petroleum refineries;

(K) Lime plants;

(L) Phosphate rock processing plants;

(M) Coke oven batteries;

(N) Sulfur recovery plants;

(O) Carbon black plants (furnace process);

(P) Primary lead smelters;

(Q) Fuel conversion plants;

(R) Sintering plants;

(S) Secondary metal production plants;

(T) Chemical process plants;

(U) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(W) Taconite ore processing plants;

(X) Glass fiber processing plants;

(Y) Charcoal production plants;

(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and

(AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Federal Clean Air Act.

(v) For purposes of determining whether a stationary source is a major stationary source, the term "building, structure, FACILITY, or installation" means all 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 industrial grouping 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, as amended.

(b) Attainment or unclassified areas. "Major Stationary Source," as it applies in attainment or unclassified areas means:

(i) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation under the Federal Clean Air Act:

(A) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

(B) Coal cleaning plants (with thermal dryers);

(C) Kraft pulp mills;

(D) Portland cement plants;

(E) Primary zinc smelters;

(F) Iron and steel mill plants;

(G) Primary aluminum ore reduction plants;

(H) Primary copper smelters;

(I) Municipal incinerators capable of charging more than 50 tons of refuse per day;

(J) Hydrofluoric, sulfuric, and nitric acid plants;

(K) Petroleum refineries;

(L) Lime plants;

(M) Phosphate rock processing plants;

(N) Coke oven batteries;

(O) Sulfur recovery plants;

(P) Carbon black plants (furnace process);

(Q) Primary lead smelters;

(R) Fuel conversion plants;

(S) Sintering plants;

(T) Secondary metal production plants;

(U) Chemical process plants;

(V) Fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input;

(W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(X) Taconite ore processing plants;

(Y) Glass fiber processing plants; and

(Z) Charcoal production plants.

(ii) Regardless of the stationary source size specified in (b)(i) of this subsection, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject to regulation under the Federal Clean Air Act; or

(iii) Any physical change that would occur at a stationary source not otherwise qualifying under (b)(i) or (ii) of this subsection, as a major stationary source if the change would constitute a major stationary source by itself.

(iv) A major stationary source that is major for volatile organic compounds or NOx shall be considered major for ozone.

(v) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this section whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

(A) Coal cleaning plants (with thermal dryers);

(B) Kraft pulp mills;

(C) Portland cement plants;

(D) Primary zinc smelters;

(E) Iron and steel mills;

(F) Primary aluminum ore reduction plants;

(G) Primary copper smelters;

(H) Municipal incinerators capable of charging more than 50 tons of refuse per day;

(I) Hydrofluoric, sulfuric, or nitric acid plants;

(J) Petroleum refineries;

(K) Lime plants;

(L) Phosphate rock processing plants;

(M) Coke oven batteries;

(N) Sulfur recovery plants;

(O) Carbon black plants (furnace process);

(P) Primary lead smelters;

(Q) Fuel conversion plants;

(R) Sintering plants;

(S) Secondary metal production plants;

(T) Chemical process plants;

(U) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(W) Taconite ore processing plants;

(X) Glass fiber processing plants;

(Y) Charcoal production plants;

(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

(AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Federal Clean Air Act.

(vi) For purposes of determining whether a stationary source is a major stationary source, the term "building, structure, facility, or installation" means all 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 industrial grouping 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.

(68) "Masking" means the mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor.

(69) "Materials Handling" means the handling, transporting, loading, unloading, storage, and transfer of materials with no significant chemical or physical alteration.

(70) "Modification" means 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((s)) 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.

(71) "National Ambient Air Quality Standards (NAAQS)" means 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).

(72) "National Emission Standards For Hazardous Air Pollutants (NESHAP)" means the federal ((regulations set forth)) rules in 40 CFR Part 61.

(73) "National Emission Standards For Hazardous Air Pollutants For Source Categories" means the federal rules in 40 CFR Part 63.

((Natural Conditions means naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.))

(74) "Net Emissions Increase" is defined depending on the attainment status of the area in which the new stationary source or modification is located, or planned to be located, as follows:

(a) Nonattainment areas. "Net Emissions Increase," as it applies in nonattainment areas means:

(i) The amount by which the sum of the following exceeds zero:

(A) Any increase in actual emissions from a particular physical change or change in method of operation at a stationary source; and

(B) Any other increases and decreases in actual emissions at the stationary source that are contemporaneous with the particular change and are otherwise creditable.

(ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs before the date that the increase from the particular change occurs.

(iii) An increase or decrease in actual emissions is creditable only if:

(A) It occurred no more than one year prior to the date of submittal of a complete notice of construction application for the particular change, or it has been documented by an emission reduction credit (ERC). Any emissions increases occurring between the date of issuance of the ERC and the date when a particular change becomes operational shall be counted against the ERC.

(B) The permitting agency has not relied on it in issuing any permit or order of approval for the stationary source under this section or a previous SIP approved nonattainment area new source review regulation, which order or permit is in effect when the increase in actual emissions from the particular change occurs.

(iv) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(v) A decrease in actual emissions is creditable only to the extent that:

(A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(B) It is federally enforceable at and after the time that actual construction on the particular change begins;

(C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

(D) The permitting agency has not relied on it in issuing any permit or order of approval under this section or a SIP approved nonattainment area new source review regulation; or the permitting agency has not relied on it in demonstrating attainment or reasonable further progress.

(vi) An increase that results from a physical change at a source occurs when the emission unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty days.

(b) Attainment or unclassified areas. "Net Emissions Increase," as it applies in attainment or unclassified areas means:

(i) The amount by which the sum of the following exceeds zero:

(A) Any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source; and

(B) Any other increases and decreases in actual emissions at the stationary source that are contemporaneous with the particular change and are otherwise creditable.

(ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs within five years before the date that the increase from the particular change occurs.

(iii) An increase or decrease in actual emissions is creditable only if ecology or EPA has not relied on it in issuing a PSD permit for the stationary source, which permit is in effect when the increase in actual emissions from the particular change occurs.

(iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides, which occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. With respect to particulate matter, only PM-10 emissions can be used to evaluate the net emissions increase for PM-10.

(v) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(vi) A decrease in actual emissions is creditable only to the extent that:

(A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(B) It is federally enforceable at and after the time that actual construction on the particular change begins; and

(C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(vii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty days.

(75) "New Source" means:

(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.

(76) "New Source Performance Standards (NSPS)" means the federal ((regulations)) rules set forth in 40 CFR Part 60.

(77) "Nonattainment Area" means a geographic area designated by EPA at 40 CFR Part 81 as exceeding a national ambient air quality standard (NAAQS) for a given criteria pollutant. An area is nonattainment only for the pollutants for which the area has been designated nonattainment.

(78) "Nonroad Engine" means

(a) Except as discussed in (b) of this subsection, a nonroad engine is any internal combustion engine:

(A) 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

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

(C) 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. Incidia 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:

(A) 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

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

(C) The engine otherwise included in a (a)(3) of this subsection 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 a 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 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. A seasonal source is a stationary source that ((remains in)) operates at a single location approximately three months (or more) each year ((on a permanent basis (i.e., at least two years) and that operates at the single location approximately three (or more) each year)). This paragraph does not apply to an engine after the engine is removed from the location.

(79) "Notice of Construction Application" means a written application to permit construction, installation or establishment of a new stationary source, modification or alteration of an existing stationary source, or replacement or substantial alteration of control technology at an existing stationary source. ((Replacement or substantial alteration of control technology does not include routine maintenance, repair, or parts replacement.))

(80) "Nuisance" means an emission that unreasonably interferes with the use and enjoyment of property.

(81) "Olympic Air Pollution Control Authority" (OAPCA) is the former name of Olympic Region Clean Air Agency (ORCAA). Reference to "OAPCA" in this regulation shall mean ORCAA.

(82) "Opacity" means the degree to which an object seen through a plume is obscured, stated as a percentage.

(83) "Open Burning" means the combustion of material in an open fire or in an open container, without providing for the control of combustion or the control of the emissions from the combustion. Wood waste disposal in wigwam burners is not considered open burning.

(84) "Open Fire" means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator or kiln.

(85) "Order" means any order issued by ecology or a local air authority pursuant to chapter 70.94 RCW, including, but not limited to RCW 70.94.332, 70.94.211, 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.

(86) "Order of Approval" or "Approval Order" means a regulatory order issued by Ecology or 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((, after review of all information received including public comment as required under Article 5 and Article 7)).

(87) "Owner" means and includes the person who owns, leases, supervises or operates the equipment or control apparatus.

(88) "Ozone Depleting Substance" means any substance listed in Appendices A and B to Subpart A of 40 CFR Part 82.

(89) "Particulate Matter" or "Particulates" means any ((liquid, other than water, or any)) airborne finely divided solid((, which is so finely divided as to be capable of becoming windblown or being suspended in air, or other gas or vapor)) or liquid material with an aerodynamic diameter smaller than 100 micrometers.

(90) "Particulate Matter Emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method specified in Title 40, chapter I of the Code of Federal Regulations or by a test method specified in the SIP.

(91) "Parts Per Million (ppm)" means parts of a contaminant per million parts of gas, by volume, exclusive of water or particulates.

(92) "Permit" means a written warrant or license granted by the Board, Control Officer, or duly authorized Representative or Agent.

(93) "Permitting Agency" means ecology or the local air pollution control authority with jurisdiction over the source.

(94) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision, municipality or government agency.

(95) "PM10" means 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.

(96) "PM10 Emissions" means 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 ((Washington State Implementation Plan (SIP))) SIP.

((Potential Controlled Emissions means the emissions from a facility determined as if the facility was operated at maximum capacity, 8,760 hours per year with control equipment operating. Operating control equipment can be considered only if the affect such controls have on emissions is federally enforceable.))

(97) "Potential To Emit" means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the 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 source.

((Potential Uncontrolled Emissions means the emissions from a facility determined as if the facility was operated at maximum capacity, 8,760 hours per year with control equipment NOT operating.))

(98) "Prevention of Significant Deterioration (PSD)" means the program ((set forth)) in WAC 173-400-141. Ecology is responsible for the PSD program for stationary sources in ORCAA's jurisdiction. Contact Ecology at (360) 407-6800 for more information. ((Ecology has adopted the federal PSD program contained in 40 CFR 52.21 with some changes, which are described in WAC 173-400-141.))

(99) "Process" means any equipment, device apparatus, chemical, natural element, procedure, effort, or any combination thereof which performs a service, function, use, or method, leading to an end of a particular performance, or manufacturing production.

(100) "Projected Width" means that dimension of a structure determined from the frontal area of the structure, projected onto a plane perpendicular to a line between the center of the stack and the center of the building.

((Reasonable Alternatives means disposal alternatives to open burning that cost less than eight dollars fifty cents per cubic yard. After July 1993, this amount shall be adjusted periodically by department policy.))

((Reasonably Attributable means attributable by visual observation or any other technique the state deems appropriate.))

(101) "Reasonably Available Control Technology (RACT)" means the lowest emission limit that a particular stationary source or stationary 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 stationary 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 ((quality)) 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 stationary source category shall be adopted only after notice and opportunity for comment are afforded.

(102) "Recreational Fire" means barbecues and campfires, using charcoal, natural gas, propane, or natural wood, which occur in designated areas, or on private property. Fires used for debris disposal purposes are not considered recreational fires.

(103) "Refuse" means waste as defined in Section 1.07 of this Regulation.

(104) "Regulation 1" means any regulation, or any subsequently adopted additions or amendments thereto, of the Olympic ((Air Pollution Control Authority)) Region Clean Air Agency.

(105) "Regulatory Order" means an order issued by Ecology or ((the)) an Authority to an air contaminant source which applies to that source, any applicable provision of chapter 70.94 RCW, or the rules adopted there under, or, for sources regulated by a local air authority, the regulations of that authority ((approves a notice of construction application, limits emissions and/or establishes other air pollution control requirements)).

(106) "Representative" or "Agent" means any person authorized by the Control Officer of the Authority to represent him in an official and specific manner.

(107) "Residential" means a two or single family unit.

((Rubbish means waste as defined in Section 1.07 of the Regulation.))

((Salvage Operation means any operation conducted in whole or in part for the salvaging or reclaiming of any product.))

(108) "Secondary Emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to:

(a) Emissions from ships or trains located at the new or modified stationary source; and,

(b) Emissions from any off-site support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification.

(109) "Significant" is defined depending on the attainment status of the area:

(a) Nonattainment areas. "Significant," as it applies in nonattainment areas means, in reference to a net emissions increase or the stationary source's potential to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:


Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Volatile organic compounds: 40 tpy
Lead: 0.6 tpy
PM-10: 15 tpy

(b) Attainment or unclassified areas. "Significant," as it applies in attainment or unclassified areas means:

(i) In reference to a net emissions increase or the stationary source's potential to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:


Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter (PM): 25 tpy of PM emissions
15 tpy of PM-10 emissions
Volatile organic compounds: 40 tpy
Fluorides: 3 tpy
Lead: 0.6 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2S): 10 tpy
Total reduced sulfur (including H2S): 10 tpy
Reduced sulfur compounds (including H2S): 10 tpy
Municipal waste combustor organics: (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) 3.2 grams per year (0.112 oz. per year or 49 grains per year)
Municipal waste combustor metals: (measured as particulate matter) 14 megagrams per year (15 tpy)
Municipal waste combustor acid gases: (measured as sulfur dioxide and hydrogen chloride) 36 megagrams per year (40 tpy)
Municipal solid waste landfill emissions: (measured as nonmethane organic compounds) 45 megagrams per year (50 tpy)
Ozone-depleting substances (in effect on July 1, 2000): 100 tpy

(ii) In reference to a net emissions increase or the stationary source's potential to emit a pollutant subject to regulation under the Federal Clean Air Act that the definition in (b)(i) of this subsection does not list, any emissions rate. However, for purposes of the applicability of this section, the hazardous air pollutants listed under section 112(b) of the Federal Clean Air Act, including the hazardous air pollutants that may have been added to the list, are not considered subject to regulation.

(iii) Regardless of the definition in (b)(i) of this subsection, significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1 microgram per cubic meter (twenty-four-hour average).

(110) "Silvicultural Burning" means burning on any land the Department of Natural Resources protects per RCW 70.94.030(13), 70.94.660, 70.94.690, and pursuant to Chapter 76.04 RCW.

(111) "Source" means all of the emissions unit(s) ((and all of the pollutant emitting activities which belong to the same industrial grouping,)) 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. ((Pollutant emitting a)) Activities shall be considered ancillary to the production of a single product or functionally related group of products if they ((as part of the same industrial grouping 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)).

(112) "Source Category" means all sources of the same type or classification.

(113) "Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct.

(114) "Stack Height" means the height of an emission point measured from the ground-level elevation at the base of the stack.

(115) "Standard Conditions" means a temperature of 20C (68F) and a pressure of 760 mm (29.92 inches) of mercury.

(116) "Standard Cubic Foot of Gas" means that amount of the gas which would occupy a cube having dimensions of one foot on each side, if the gas were free of water vapor and at standard conditions.

(117) "State Act" means the Washington Clean Air Act, Chapter 70.94 RCW, as amended.

(118) "State Implementation Plan (SIP)" or the ((means the)) "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 the National Ambient Air Quality Standards.

(119) "Stationary Source" means any ((source as defined in this section which is fixed in location temporarily or permanently)) 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 ((FCAA)) Federal Clean Air Act.

(120) "Sulfuric Acid Plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge.

(121) "Synthetic Minor" means any stationary source whose potential to emit has been limited below applicable thresholds by means of a federally enforceable order, rule, or permit condition.

(122) "Temporary" means a period of time not to exceed one (1) year.

(123) "Total Reduced Sulfur" (TRS) means the sum of the sulfur compounds hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides emitted and measured by EPA method 16 or an approved equivalent method and expressed as hydrogen sulfide.

(124) "Total Suspended Particulate" means particulate matter as measured by the method described in 40 CFR Part 50 Appendix B ((as in effect on July 1, 1988)).

(125) "Toxic Air Pollutant(((S))) (TAP)" or "Toxic Air Contaminant" means any class A or Class B toxic air pollutant listed in WAC 173-460-150 and((/or)) WAC 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.

(126) "True Vapor Pressure" means the equilibrium partial pressure exerted by the stored organic compound at:

(a) The annual average temperature of the organic compound as stored; or

(b) At the local annual average temperature as reported by the National Weather Service if stored at ambient temperature.

(127) "Unclassifiable Area" means 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.

(128) "United States Environmental Protection Agency (USEPA)" shall be referred to as EPA.

(129) "Urban Growth Area" means an area defined by RCW 36.70A.030.

(130) "Vent" means any opening through which gaseous emissions are exhausted into the ambient air.

((Visibility Impairment means any humanly perceptible change in visibility (light extinction, visual range, contrast, or coloration) from that which would have existed under natural conditions.))

(131) "Volatile Organic Compound (VOC)" means 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); ((1,1,2-trichloro)) 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 (HCFC-134a); 1,1-dichloro 1-fluorethane (HCFC-141b); 1-chloro 1,1-difluoroethaner (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); parachlorobenzotribluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; perchloroethylene (tetrachloroetheylene); 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); diflouromethane (HFC-32); ethylflouride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-254ca); 1,1,2,3,3-pentaflouropropane (HFC-245ea);1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentaflouropropane (HFC-245fa); 1,1,1,2,3,3-hexaflouropropane (HFC-236ea); 1,1,1,3,3-pentaflourobutane (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((0))-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-heptafloropropane ((CF3)2(CFCF2OC2H5); methyl acetate and perfluorocarbon compounds which fall into these classes:

(i) Cyclic, branched, or linear completely fluorinated alkanes;

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

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

(iv) 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 ((such a)) the method also measures compounds with negligible photochemical reactivity, these negligibly-(( ))reactive compounds may be excluded as VOC if the amount of ((such)) the compounds is accurately quantified, and ((such)) the exclusion is approved by ecology, the authority, or EPA ((the Authority)).

(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 the Authority, the amount of negligibly reactive compounds in the source's emissions.

((WASTE means unproductive, worthless, useless or rejected material.))

(132) "Waste-wood Burner" means equipment or facility used solely for the combustion-disposal of waste wood without heat recovery. Such burners shall include, but not be limited to, a wigwam burner, a silo-type burner, or an air-curtain burner.

(133) "Wigwam or Tepee Burner" - see Waste-wood Burner.

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 Olympic Region Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION


ARTICLE 3

GENERAL PROVISIONS


SECTION 3.01 CONTROL OFFICER - POWERS AND DUTIES


(a) The Control Officer shall observe and enforce the provisions of state law and all orders, ordinances, resolutions or rules and regulations of the Authority pertaining to control and prevention of air pollution in accordance with the policies of the Board of Directors.

(b) At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 or 70.94.431, whenever the Control Officer has reason to believe that any provision of state law or any regulation relating to the control or prevention of air pollution has been violated, the Control Officer may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of state law or the regulation alleged to be violated and the facts alleged to constitute a violation thereof and may include an order that necessary corrective action be taken within a specified time. In lieu of an order, the Control Officer may require that the alleged violator or violators appear before the Board for a hearing, at a time and place specified in the notice, given at least twenty (20) days prior to such hearing, and answer the charges.

(c) The Control Officer and/or a qualified designated agent may make any investigation or study which is necessary for the purpose of enforcing this Regulation or any amendment thereto of controlling or reducing the amount or kind of air contaminant.

(d) The Control Officer may obtain from any person, subject to the jurisdiction of the Authority, such information or analysis as will disclose the nature, extent, quantity or degree of air contaminants which are, or may be, discharged by such source and type or nature of control equipment in use.

(e) For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the atmosphere, the Control Officer or a duly authorized representative shall have the power to enter at reasonable times upon any private or public property, excepting nonmultiple unit private dwellings housing two families or less. No person shall refuse entry or access to the Control Officer, or a duly authorized representative, who request entry for the purpose of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection by the Control Officer, or a duly authorized representative.

(f) If during the course of an inspection, the Control Officer or a duly authorized representative desires to obtain a sample of air contaminant, fuel, process material or other material which affects or may affect the emission of air contaminants, the Control Officer or a designated agent shall notify the owner or operator of the time and place of obtaining a sample so the owner or operator has the opportunity to take a similar sample at the same time and place; and the Control Officer or a duly authorized representative shall give a receipt to the owner or operator for the sample obtained.

(g) The Control Officer may engage, at the Authority's expense and with Board approval, qualified individuals or firms to make independent studies and reports as to the nature, extent, quantity or degree of any air contaminants which are or may be discharged from any source.

(h) The Control Officer is empowered to sign official complaints or issue citations or initiate court suits or use other means to enforce the provisions of the regulation.

(i) In order to demonstrate compliance with emission standards, the Control officer shall have the Authority to require a source to be tested, either by the Authority personnel or by the owner, using source test procedures approved by the Authority. The owner shall be given reasonable advance notice of the requirement of the test.

(j) In order for Authority personnel to perform a source test, the Control Officer shall have the authority to require the owner of the source to provide an appropriate platform and sampling ports. The owner shall have the opportunity to observe the sampling and, if there is adequate space to conduct the tests safely and efficiently, to obtain sample at the same time.

SECTION 3.03 CONFIDENTIAL INFORMATION

Whenever any records or other information, other than ambient air quality data or emissions data, furnished to or obtained by the Authority, pursuant to any sections in Chapter 70.94 RCW, relate to processes or production unique to the owner or operator or are likely to affect adversely the competitive position of such owner or operator if released to the public or to the competitor, and the owner or operator of such processes or production so certifies, such records or information shall be only for the confidential use of the Authority.

Nothing herein shall be construed to prevent the use of records or information by the Authority in compiling or publishing analysis or summaries relating to the general condition of the outdoor atmosphere: Provided, that such analysis or summaries do not reveal any information otherwise confidential under the provisions of this section: Provided further, that emission data furnished to or obtained by the Authority shall be correlated with applicable emission limitations and other control measures and shall be available for public inspection during normal business hours at offices of the Authority.

SECTION 3.05 INTERFERENCE OR OBSTRUCTION

No person shall willfully interfere with or obstruct the Control Officer or any Authority employee in performing any lawful duty.

SECTION 3.07 FALSE OR MISLEADING STATEMENTS

No person shall willfully make a false or misleading statement to the Board or its representative as to any matter within the jurisdiction of the Board.

SECTION 3.09 UNLAWFUL REPRODUCTION OR ALTERATION OF DOCUMENTS


No person shall reproduce or alter, or cause to be reproduced or altered, any order, registration certificate or other paper issued by the Authority if the purpose of such reproduction or alteration is to evade or violate any provision of the Regulation or any other law.

SECTION 3.11 DISPLAY OF ORDERS((,)) AND CERTIFICATES ((AND OTHER NOTICES)): REMOVAL OR MUTILATION PROHIBITED

(a) Any order or registration certificate required to be obtained by this Regulation shall be available on the premises designated on the order or certificate.

(b) In the event that the Authority requires ((a notice)) order or registration certificate to be displayed, it shall be posted.

(c) No person shall mutilate, obstruct or remove any order or registration certificate ((notice)) unless authorized to do so by the Board or the Control Officer.

SECTION 3.15 APPOINTMENT OF HEARING OFFICER


(a) In all instances where the Board is permitted or required to hold hearings under the provisions of Chapter 70.94 RCW, such hearings shall be held before the Board; or the Board may appoint a hearing officer, who shall be the Executive Director of the Authority or his/her designee to hold such hearings.

(b) A duly appointed hearing officer shall have all the powers, rights and duties of the Board relating to the hearings.

SECTION 3.17 APPEALS FROM BOARD ORDERS


(a) Any order issued by the Authority shall become final unless such order is appealed to the Hearings Board as provided in chapter 43.21B RCW. ((Any order issued or fee assessed by the Board or the Control Officer, shall become final, provided, that no later than thirty (30) days after the order or decision of the Pollution Control Authority or Control Officer was communicated to the party an appeal is taken to the Pollution Control Hearings Board of the State of Washington, pursuant to RCW 43.21B, 70.94.211 and WAC 371.08, as now or hereafter amended.)) The sole basis for appeal of a fee assessed by the Control Officer or Board shall be that the assessment contains an arithmetic or clerical error.

(b) Any order issued by the Authority may be appealed to the Pollution Control Hearings Board if the appeal is filed with the Hearings Board and served on the Authority within thirty days after receipt of the order in accordance with chapter 371-08 WAC. This is the exclusive means of appeal of such an order.

(c) The Authority in its discretion may stay the effectiveness of an order during the pendency of such an appeal.

(d) At any time during the pendency of such an appeal of such an order to the Pollution Control Hearings Board, the appellant or other affected parties may apply to the Hearings Board pursuant to chapter 43.21B RCW and chapter 371-08 WAC for a stay of the order or for the removal thereof.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

SECTION 3.19 ((STATUS OF ORDERS ON APPEALS)) VOLUNTARY COMPLIANCE


(((a) Any order of the Control Officer or the Board shall be stayed pending final determination of any hearing or appeal taken in accordance with the provisions herein unless, after notice and hearing, the superior court shall determine that an emergency exists which is of such nature as to require that such order be in effect during the pendency of such hearing or appeal.))

(((b))) Nothing in this Regulation shall prevent the ((Control Officer or Board)) Authority from making efforts to obtain voluntary compliance through warning, conference or any other appropriate means.

SECTION 3.21 SERVICE OF NOTICE


(a) Service of any written notice required by this Regulation shall be made on the owner or operator of equipment, or their agent, as follows:

(1) Either by mailing the notice in a prepaid envelope directed to the owner or operator of the equipment, or their agent, at the address listed on their application or order, or registration certificate or at the address where the equipment is located, by United States Certified Mail, return receipt requested; or

(2) By leaving the notice with the owner or operator of the equipment, or their agent, or if the owner or operator is not an individual, with a member of the partnership or other group concerned, or with an officer or managing agent of the corporation.

(b) Service of any written notice required by this Regulation shall be made on the Authority, as follows:

(1) Either by mailing the notice in a prepaid envelope direct to the Authority at its office by United States Certified Mail, return receipt requested; or

(2) By leaving the notice at the Authority office with an employee of the Authority.

SECTION 3.23 VARIANCES


Any person who owns or is in control of any plant, building, structure, establishment, process or equipment may apply to the Control Officer or the Board for a variance to exceed a specific maximum emission standard of this Regulation for a limited period of time, except for any federally enforceable standard, provided that a variance to state standard is also approved by the Department of Ecology. The application shall be accompanied by such information and data as the Control Officer or Board may require. The Board may grant such variance but only after approval by the Department of Ecology and public hearing or due notice and in accordance with the provisions set forth in RCW 70.94.181, as now or hereafter amended. Any hearing held pursuant to this section shall be conducted in accordance with the rules of evidence as set forth in RCW 34.04.100, as now or hereafter amended. The Authority shall not commence processing a variance request, until it has received a filing fee as determined by Table 7.13a, Plan Examination and Inspection Fee, Section 7.13.

SECTION 3.25 SEVERABILITY


If any phrase, clause, subsection or section of this Regulation shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the Board of Directors would have enacted this Regulation without the phrase, clause, subsection or section so held unconstitutional or invalid; and the remainder of the Regulation shall not be affected as a result of said part being held unconstitutional or invalid.

SECTION 3.26 VIOLATIONS - NOTICE


At least 30 days prior to the commencement of any formal enforcement action under RCW 70.94.430 or 70.94.431, the Board or Control Officer shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provisions of Chapter 70.94 RCW or the orders, rules, or regulations adopted pursuant thereto, alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order directing that necessary corrective action be taken within a reasonable time. In lieu of an order, the Board or the Control Officer may require that the alleged violator or violators appear before the Board for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet with the Authority prior to the commencement of enforcement action.

(a) Each act of commission or omission which procures, aids, or abets in the violation shall be considered a violation and be subject to the same penalty.

(b) In case of a continuing violation, whether or not knowingly committed, each day's continuance shall be a separate and distinct violation.

SECTION 3.27 REGULATORY ACTIONS AND PENALTIES


The Control Officer may take any of the following regulatory actions to enforce the provisions of Chapter 70.94 RCW or any of the rules or regulations in force pursuant thereto, which are incorporated by reference.

(a) Civil Penalties

(1) Any person who violates any of the provisions of Chapter 70.94 RCW or any of the rules or regulations in force pursuant thereto, may incur a civil penalty in an amount not to exceed $10,000.00 per day for each violation.

(2) Any person who fails to take action as specified by an Order issued pursuant to Chapter 70.94 RCW or Regulation 1 of the ((Olympic Air Pollution Control Authority)) Olympic Region Clean Air Agency (((OAPCA))) (ORCAA) shall be liable for a civil penalty of not more than $10,000.00 for each day of continued noncompliance.

(3) Within 30 days after receipt of Notice of Civil Penalty, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Any such request must contain the following:

(i) The name, mailing address, and telephone number of the appealing party;

(ii) A copy of the Notice of Civil Penalty appealed from;

(iii) A short and plain statement showing the grounds upon which the appealing party considers such Order to be unjust or unlawful;

(iv) A clear and concise statement of facts upon which the appealing party relies to sustain his or her grounds for appeal;

(v) The relief sought, including the specific nature and extent; and

(vi) A statement that the appealing party has read the notice of appeal and believes the contents to be true, followed by the party's signature.

Upon receipt of the application, the Control Officer shall remit or mitigate the penalty only upon a demonstration by the requestor of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(4) Any civil penalty may also be appealed to the Pollution Control Hearings Board pursuant to Chapter 43.21B RCW and Chapter 371-08 WAC if the appeal is filed with the Hearings Board and served on the Authority within 30 days after receipt by the person penalized of the notice imposing the penalty or 30 days after receipt of the notice of disposition of the application for relief from penalty.

(5) A civil penalty shall become due and payable on the later of:

(i) 30 days after receipt of the notice imposing the penalty;

(ii) 30 days after receipt of the notice of disposition on application for relief from penalty, if such application is made; or

(iii) 30 days after the receipt of the notice of decision of the Hearings Board if the penalty is appealed.

(6) If the amount of the civil penalty is not paid to the Authority within 30 days after it becomes due and payable, the Authority may use any available methods, including Superior Court, to recover the penalty. In all actions brought in the Superior Court for the recovery of penalties hereunder, the procedure and rules of evidence shall be the same as in ordinary civil action.

(7) To secure the penalty incurred under this section, this Authority shall have a lien on any vessel used or operated in violation of Regulation 1 which shall be enforced as provided in RCW 60.36.050.

(b) Criminal Penalties

(1) Any person who knowingly violates any of the provisions of Chapter 70.94 RCW or any rules or regulations in force pursuant thereto, shall be guilty of a crime and upon conviction thereof, shall be punished by fine of not more than $10,000.00, or by imprisonment in the county jail for not more than 1 year, or by both for each separate violation.

(2) Any person who negligently releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant, other than in compliance with terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction, be punished by a fine of not more than $10,000.00, or by imprisonment for not more than 1 year, or both.

(3) Any person who knowingly releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant, other than in compliance with terms of an applicable permit or emission limit, and who knows at the time that they have thereby placed another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction, be punished by a fine of not less than $50,000, or by imprisonment for not more than 5 years, or both.

(c) Additional Enforcement

(1) Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of Chapter 70.94 RCW, or any order, rule or regulation issued by the Board or Control Officer or a duly authorized agent, the Board, after notice to such person and an opportunity to comply, may petition the superior court of the county wherein the violation is alleged to be occurring or to have occurred for a restraining order or a temporary or permanent injunction or another appropriate order.

(2) As an additional means of enforcement, the Board or Control Officer may accept an assurance of discontinuance of any act or practice deemed in violation of Chapter 70.94 RCW or of any order, rule, or regulation adopted pursuant thereto, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter or the orders, rules, or regulations issued pursuant thereto, which make the alleged act or practice unlawful for the purpose of securing any injunction or other relief from Superior Court in the county wherein the violation is alleged to be occurring or to have occurred.

SECTION 3.29 COMPLIANCE SCHEDULES


(a) Issuance. Whenever a source is found to be in violation of an emission standard or other provision of Regulation 1 or RCW 70.94 or WAC 173 or any applicable federal regulation the Authority may issue a regulatory order requiring that the source be brought into compliance within a specified time. The order shall contain a schedule for installation, with intermediate benchmark dates and a final completion date, which shall constitute a compliance schedule.

(b) The source, including any person who owns or is in control of any plant, building, structure, establishment, process or equipment, which is in violation of an emission standard or other provision of Regulation 1 or RCW 70.94 or WAC 173, may submit a proposed Compliance Schedule to the Board for approval. The proposed Compliance Schedule must meet the requirements of this section, and shall be accompanied by such information and data as the Control Officer or the Board may require.

(c) Public Noticing. Compliance Schedules must meet the requirements for public involvement in accordance with RCW 70.94 as now or hereafter amended. Any hearing held pursuant to this section shall be conducted in accordance with the Rules of Evidence as set forth in RCW 34.04.100, as now or hereafter amended.

(d) Federal Action. A source shall be considered to be in compliance with this section if all the provisions of its individual compliance schedule, including those stated by regulatory order, are being met. Such compliance does not preclude federal enforcement action by the EPA until and unless the schedule is submitted and adopted as an amendment to the state implementation plan.

(e) Penalties for delayed compliance. Sources on a compliance schedule but not meeting emissions standards may be subject to penalties as provided in the Federal Clean Air Act. In addition, failure at any phase to make progress towards compliance pursuant to any Compliance Schedule accepted by the Board shall be deemed an unreasonable delay and in violation of the terms of said Compliance Schedule and the Board or Control Officer may require that the responsible person appear before the Board to explain the delay and show cause why abatement action should not be started, enforcement action taken, and/or the Compliance Schedule revoked.

(f) Fee for Compliance Schedule. The Authority shall not commence processing a compliance schedule request until it has received a filing fee as determined by Section 7.13.

AMENDATORY SECTION


ARTICLE 5 REGISTRATION

((SECTION 5.00 DEFINITIONS


For purposes of Article 5, the following definitions apply.
))

((ACTUAL EMISSIONS means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with (a) and (b) of this subsection.

(a) In general, 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 one-year period which precedes the particular date and which is representative of normal 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 source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.))

((AIR CONTAMINANT means 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 GENERATING EQUIPMENT means, for purposes of calculating Article 5 fees, any equipment or process capable of generating or emitting air contaminants except for the equipment and processes listed in (a) through (g) below:

(a) Gasoline or other fuel storage tanks located at dispensing facilities as defined in Article 15.

(b) Storage tanks and other equipment located at dry cleaning facilities.

(c) Combustion units with less than 10 million BTUs per hour heat input.

(d) Process equipment with less than 5,000 ACFM flow rate.

(e) Paint spray booths and related paint spraying equipment.

(f) Mobile sources.

(g) Any other equipment or process determined appropriate for this exemption by the Authority.))

((EMISSIONS means a release of air contaminants into the ambient air.))

((EMISSIONS UNIT means any part of a source which emits or would have the potential to emit any pollutant subject to regulation.))

((FACILITY means the same as "source."))

((POTENTIAL TO EMIT means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the 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 if the limitation or the effect it would have on emissions is federally enforceable.))

((SOURCE means all of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous 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.))

((STACK means, for purposes of calculating fees pursuant to Article 5, any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct, except for the following:

(a) Emission points associated with gasoline or fuel dispensing stations.

(b) Emission points associated with dry cleaning facilities.

(c) Pipes or ducts equal to or less than six (6) inches in diameter.

(d) Any other emission point determined appropriate for this exemption by the Authority.))

((TOXIC AIR POLLUTANT means any Class A or Class B toxic air pollutants 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 group of substances within either of these classes is listed in WAC 173-460-150 and 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 means the equilibrium partial pressure exerted by the stored organic compound at:

(a) The annual average temperature of the organic compound as stored; or

(b) At the local annual average temperature as reported by the National Weather Service if stored at ambient temperature.))

SECTION 5.01 REGISTRATION REQUIRED


(a) All ((air contaminant)) stationary sources within the jurisdiction of the Authority, except for any stationary source required to obtain an air operating permit under Chapter 173-401 WAC, shall be registered with the Authority ((the sources listed in 5.01(b) below , as now constituted or as hereafter amended, and except sources with or applying for an air operating permit pursuant to RCW 70.94.161, shall be registered with the Authority)). Notwithstanding the exemptions provided in section 5.01(b) ((any other subsection of this section)), the following stationary sources shall be registered with the Authority((.)):

(1) Any stationary source subject to a standard under New Source Performance Standards, 40 CFR Part 60, except; New Residential Wood Heaters (Subpart AAA); Kraft Pulp Mills (Subpart BB); and Primary Aluminum Reduction Plants (Subpart S); ((Any category of stationary sources to which a federal standard of performance applies; or))

(2) Any stationary source subject to a performance standard under National Emission Standards for Hazardous Air Pollutants, 40 CFR 61.02, except for asbestos demolition and renovation projects subject to 40 CFR 61.145; ((Any source subject to a national emission standard for hazardous air pollutants.))

(3) Any stationary source subject to a performance standard under National Emission Standards for Hazardous Air Pollutants for Source Categories, 40 CFR 63.2;

(4) Any stationary source that includes equipment or control equipment subject to an Approval Order issued by the Authority.

(b) ((Except as provided in subsection(a)of this article, t)) The following stationary sources ((and equipment types)) are exempt from registration requirements under Article 5. All stationary sources exempt from registration under Article 5 are still required to comply with ((the)) other applicable air pollution requirements ((requirements of ((this regulation)).

(((1) Air conditioning or ventilating systems not designed to remove contaminants generated by or released from equipment.

(2) Asphalt laying equipment including asphalt-roofing operations (not including manufacturing or storage).

(3) Atmosphere generators used in connection with metal heat treating processes.

(4) Blast cleaning equipment that uses a suspension of abrasive in liquid water.

(5) Fire fighting and similar safety equipment and equipment used to train fire fighters.

(6) Foundry sand mold-forming equipment, unheated.

(7) Fuel burning equipment (not including incinerators) that:

(i) is used solely for a private dwelling serving five families or less; or

(ii) has a maximum heat input rate of 5 MMBtu/hr or less if burning natural gas, propane, or LPG; or

(iii) has a maximum heat input rate of 0.5 MMBtu/hr or less if burning waste-derived fuels; or

(iv) has a maximum heat input rate of 1 MMBtu/hr or less if burning recycled or used oil per the requirements of RCW 70.94.610; or

(v) has a maximum heat input rate of 1 MMBtu/hr or less if burning any other type of fuel and with less than or equal to 0.05% sulfur by weight.

(8) Fumigation vaults not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC).

(9) Gas stations or bulk plants with less than 100,000 gallons of throughput per year.

(10) Insecticide, pesticide, or fertilizer spray equipment.

(11) Internal combustion engines less than or equal to 500 hp (mechanical) and used only for stand-by emergency power generation.

(12) Laundry dryers, extractors or tumblers used exclusively for the removal of water from fabric.

(13) Printers using less than 2,000 pounds per year of VOCs.

(14) Residential composting facilities.

(15) Restaurants and other retail food preparing establishments.

(16) Routing, turning, carving, cutting and drilling equipment used for metal, wood, plastics, rubber, leather or ceramics.

(17) Spray painting or blasting equipment used at temporary locations to clean or paint bridges, water towers, buildings, or similar structures.

(18) Steam cleaning equipment used exclusively for that purpose.

(19) Storage tanks, reservoirs or containers:

(i) of a capacity of 10,000 gallons or less used for the storage of volatile organic compounds, not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC); or

(ii) of a capacity of 10,000 gallons or less used for storage of gasoline; or

(iii) of a capacity of 40,000 gallons or less used for the storage of organic compounds, not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC) with a true vapor pressure less than 0.01 kPa (0.002 psia) (0.0001 atm); or

(iv) of a capacity of 40,000 gallons or less used for the storage of butane, propane, or liquefied petroleum gas.

(20) Surface coating sources using less than 20 gallons per year of VOC-containing materials.

(21) Vacuum cleaning systems used exclusively for office or residential housekeeping.

(22) Vacuum producing devices used in laboratory operations and vacuum producing devices that do not remove or convey air contaminants from or to another source.

(23) Vents used exclusively for:

(i) Sanitary or storm drainage systems; or

(ii) Safety valves.

(24) Washing or drying equipment used for products fabricated from metal or glass, if no volatile organic material is used in the process.

(25) Welding, brazing or soldering equipment.

(26) Sources which, due to the amount and nature of air contaminants produced, and potential to contribute to air pollution or odors, are determined through review by the Control Officer not to warrant registration; provided that for new sources, such determination shall be based upon review of a Notice of Construction.))

(1) Maintenance/construction:

a. Cleaning and sweeping of streets and paved surfaces;

b. Concrete application, and installation;

c. Dredging wet spoils handling and placement;

d. Paving application and maintenance, excluding asphalt plants;

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

f. Plumbing installation and plumbing protective coating application associated with plant maintenance activities;

g. Roofing application;

h. Insulation application and maintenance, excluding products for resale;

i. Janitorial services and consumer use of janitorial products.

j. Asphalt laying equipment including asphalt-roofing operations (not including manufacturing or storage).

k. Blast cleaning equipment that uses a suspension of abrasive in liquid water.

l. Spray painting or blasting equipment used at temporary locations to clean or paint bridges, water towers, buildings, or similar structures.

(2) Storage tanks:

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

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

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

d. Process and white water storage tanks;

e. Storage tanks and storage vessels, with lids or other appropriate closure and less than 260 gallon capacity (35 cft);

f. Storage tanks of a capacity of 10,000 gallons or less, with lids or other appropriate closure, used for the storage of materials containing organic compounds, but not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC);

g. Storage tanks of a capacity of 40,000 gallons or less, with lids or other appropriate closure, used for the storage of organic compounds, but not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC), with a true vapor pressure less than 0.01 kPa (0.002 psia) (0.0001 atm);

h. Storage tanks of a capacity of 40,000 gallons or less used for the storage of butane, propane, or liquefied petroleum gas:

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

j. Storage tanks used exclusively for storage of diesel fuel;

k. Loading and unloading equipment used exclusively for the storage tanks exempted under this section.

(3) Combustion:

a. Fuel burning equipment (not including incinerators) that:

(i) is used solely for a private dwelling serving five families or less; or

(ii) has a maximum heat input rate of 5 MMBtu/hr or less if burning natural gas, propane, or LPG; or

(iii) has a maximum heat input rate of 0.5 MMBtu/hr or less if burning waste-derived fuels; or

(iv) has a maximum heat input rate of 1 MMBtu/hr or less if burning recycled or used oil per the requirements of RCW 70.94.610; or

(v) has a maximum heat input rate of 1 MMBtu/hr or less if burning any other type of fuel and with less than or equal to 0.05% sulfur by weight.

b. All stationary gas turbines with a rated heat input < 10 million Btu per hour.

c. Stationary internal combustion engines having rated capacity:

(i) < 50 horsepower output; or,

(ii) < 500 horsepower and used only for standby emergency power generation.

d. All nonroad engines subject to 40 CFR Part 89.

(4) Material handling:

a. Storage and handling of water based lubricants for metal working where organic content of the lubricant is <10%;

b. 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.

(5) Water treatment:

a. Septic sewer systems, not including active wastewater treatment facilities;

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

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

d. Process water filtration system and demineralizer vents;

e. Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems;

f. Demineralizer tanks;

g. Alum tanks;

h. Clean water condensate tanks.

i. Oil/water separators, except those at petroleum refineries;

j. Equipment used exclusively to generate ozone and associated ozone destruction equipment for the treatment of cooling tower water or for water treatment processes.

k. Municipal sewer systems, including wastewater treatment plants and lagoons with a design capacity of one million gallons per day or less, provided that they do not use anaerobic digesters, chlorine disinfection or sewage sludge incinerators.

(6) Environmental chambers and laboratory equipment:

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

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

c. Laboratory fume hoods;

d. Laboratory calibration and maintenance equipment.

(7) Monitoring/quality assurance/testing:

a. Equipment and instrumentation used for quality control/assurance or inspection purpose;

b. Hydraulic and hydrostatic testing equipment;

c. Sample gathering, preparation and management;

d. Vents from continuous emission monitors and other analyzers.

(8) Miscellaneous:

a. Single-family residences and duplexes;

b. Plastic pipe welding;

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

d. Insecticide, pesticide, or fertilizer spray equipment.

e. Comfort air conditioning;

f. Flares used to indicate danger to the public;

g. Natural and forced air vents and stacks for bathroom/toilet activities;

h. Personal care activities including establishments like beauty salons, beauty schools, and hair cutting establishments;

i. Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;

j. Tobacco smoking rooms and areas;

k. Noncommercial smokehouses;

l. Blacksmith forges for single forges;

m. Vehicle maintenance activities, not including vehicle surface coating;

n. Vehicle or equipment washing;

o. Wax application;

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

q. Ozone generators and ozonation equipment;

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

s. Electrical circuit breakers, transformers, or switching equipment installation or operation;

t. Pneumatically operated equipment, including tools and hand held applicator equipment for hot melt adhesives;

u. Fire fighting and similar safety equipment and equipment used to train fire fighters.

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

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

x. Solvent cleaners less than 10 square feet air-vapor interface with solvent vapor pressure not more than 30 mm Hg @21C, and not containing toxic air pollutants (as defined in Chapter 173-460 WAC);

y. Surface coating, aqueous solution or suspension containing < 1% (by weight) VOCs, and/or toxic air pollutants as defined in chapter 173-460 WAC;

z. Cleaning and stripping activities and equipment using solutions having <1% VOCs (by weight); on metallic substances, acid solutions are not exempt;

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

bb. Laundry dryers, extractors or tumblers used exclusively for the removal of water from fabric.

cc. Residential composting facilities.

dd. Restaurants and other retail food preparing establishments.

ee. Routing, turning, carving, cutting and drilling equipment used for metal, wood, plastics, rubber, leather or ceramics.

ff. Steam cleaning equipment used exclusively for that purpose.

gg. Vacuum cleaning systems used exclusively for office or residential housekeeping.

hh. Vacuum producing devices used in laboratory operations and vacuum producing devices that do not remove or convey air contaminants from or to another source.

ii. Vents used exclusively for:

(i) Sanitary or storm drainage systems; or

(ii) Safety valves.

jj. Washing or drying equipment used for products fabricated from metal or glass, if no volatile organic material is used in the process.

kk. Welding, brazing or soldering equipment.

ll. Coffee roaster with a design capacity less than 10 pounds per batch.

mm. Bark and soil screening operations.

nn. Portable sand and gravel plants and crushed stone plants with a cumulative rated capacity of all crushers less than or equal to 150 tons per hour.

oo. Fixed sand and gravel plants and crushed stone plants with a cumulative rated capacity of all crushers less than or equal to 25 tons per hour.

pp. Any portable stationary source approved by the Authority for operation at temporary locations.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

SECTION 5.02 REGISTRATION PROGRAM


(a) ((For purposes of this regulation,)) Program purpose. As authorized by RCW 70.94.151, the Authority's registration program is a program to develop and maintain a current and accurate record of stationary sources. ((shall be defined as all direct activities associated with the Authority's continuing program for identifying, delineating, itemizing, verifying, and maintaining a current and accurate record of all air contaminant sources, their emissions, and their status of compliance with Regulation 1 within the jurisdiction of the Authority)) Information collected through the registration program is used to evaluate the effectiveness of air pollution control strategies and to verify stationary source compliance with applicable air pollution requirements.

(b) Program components. The components of ((such)) the Authority's registration program shall include:

(1) Initial ((registration)) notification and annual or other periodic reports from ((source)) owners of stationary sources providing the information described in section((s)) 5.03 ((and 5.05)).

(2) On-site inspections necessary to verify compliance with ((Regulation 1)) applicable air pollution control requirements and/or to supplement information provided by owners of stationary sources pursuant to the requirements of section((s)) 5.03 ((and 5.05)).

(3) Maintenance of computers and software used to compile and retrieve information provided by owners of stationary sources relating to air contaminant emissions and compliance with air pollution control requirements.

(4) Compilation of ((E))emission inventory reports and computation of emission reduction credits ((computed)) from information provided by owners of stationary sources pursuant to the requirements of section 5.03.

(5) Staff review, including engineering analysis for accuracy and currentness, of information provided by owners of stationary sources pursuant to the requirements of section 5.03.

(6) Clerical and other office support provided by the Authority in direct support of the registration program.

(7) Administrative support provided in directly carrying out the registration program.

(8) Assessment and collection of annual registration fees from all stationary sources requiring registration in accordance with section 5.05.

SECTION 5.03 ((GENERAL)) REQUIREMENTS FOR STATIONARY SOURCES SUBJECT TO REGISTRATION


(a) The owner or operator ((Owners or operators)) of any stationary ((air contaminant)) source((s)) subject to registration under section 5.01 shall register the stationary source by submitting an initial notification to the Authority of its existence within 30-days from:

(1) Commencement of operation of any new or re-commissioned stationary source including those subject to prior approval by the Authority through a Notice of Construction under Article 7; or,

(2) Change in ownership of an existing registered stationary source.

(b) Initial notification shall include the following information:

(1) Owner name, address and phone number;

(2) Source location;

(3) Name, address and phone number of on-site contact person;

(4) Identification and brief description in terms of type, location and size or capacity, of each stationary source subject to registration;

(5) Date each stationary source was constructed, installed or established;

(6) Date each stationary source commenced operation;

(7) If subject to pre-construction review and approval by the Authority, the date of the approval and Notice of Construction application #.

(c) Owners or operators of any stationary source subject to registration shall, upon request by the Authority, make annual and/or periodic reports to the Authority regarding emission sources, types and amounts of raw materials and fuels used, types, amounts and concentrations of air contaminants emitted, data on ((air contaminant generating equipment)) emissions units and control devices, data on emission points, and any other information directly related to the registration program as requested by the Authority.

(d)(((b))) Annual ((registration)) and periodic ((reporting for a source)) reports as required by the Authority pursuant to subsection (c) of this section shall be made by the owner or lessee of the stationary source, or an agent, on forms provided by the Authority or in an Authority approved format. The owner of the stationary source shall be responsible for completion and submittal of the annual ((registration forms and/or periodic reports)) or periodic report within thirty (30) days of receipt of the request and forms provided by the Authority. The owner of the stationary source shall be responsible for the completeness and correctness of the information submitted.

(e) The owner or operator shall notify the Authority of any changes in the following administrative information within 30 days from the change taking place:

(1) Owner name, address and phone number;

(2) Name, address and phone number of on-site contact person;

(3) Process or equipment changes resulting in an increase in emissions, provided that changes requiring prior approval by the Authority through a Notice of Construction (NOC) application shall also comply with the requirements of Article 7; and,

(4) Any planned shut down or decommissioning of an emission unit.

(((c) A separate registration shall be required for each source of air contaminant: PROVIDED, that an owner has the option to register a process with a detailed inventory of contaminant sources and emissions related to said process: PROVIDED FURTHER, that an owner need not make a separate registration for identical units of equipment or control apparatus installed, altered or operated in an identical manner on the same premise.))

(f)(((d))) Each ((registration)) notification or report required under this section shall be signed by the owner or operator of the stationary source, or by ((lessee or)) the agent appointed by the owner ((for such owner or lessee)).

(((e) The confidentiality provisions of section 3.03 shall be applicable in administering the registration program.))

(g)(((f))) According to the schedule set forth ((in section 5.03 (f)(1))) below, owners or operators of ((air contaminant)) stationary sources subject to registration pursuant to section 5.01 above shall develop ((and)), implement and update when necessary an Operations and Maintenance plan to assure continuous compliance with applicable air regulations and standards including Regulation 1. Operation and Maintenance plans shall include, but not be limited to, the measures listed in sub-section 5.03 (f)(2). A copy of the Operation and Maintenance plan shall be retained at the facility where the stationary source is located and shall be made available to all ((employees)) operators of the stationary source and the Authority upon request.

(1) Operation and Maintenance plans required ((pursuant to)) by this subsection shall be written, and (5.03(f))) shall be completed or updated, and fully implemented by the following due dates ((specified in i through iii below.)):

(((i) By no later than July 1, 1994 for sources currently registered with the Authority.))

(i) (((ii))) No later than 120 days from initial registration with the Authority for existing stationary sources not yet registered with the Authority.

(ii) (((iii))) No later than 90 days from commencement of operation for newly constructed or established stationary sources requiring registration.

(2) Operation and Maintenance plans required pursuant to section ((5.03(f))) 5.03(g) shall include, but not be limited to, the following types of measures:

(i) Periodic inspection of ((air contaminant generating equipment)) emissions units and associated control devices to evaluate air contaminant control effectiveness and compliance with applicable emissions limits;

(ii) Measures for monitoring and recording of all ((air contaminant generating equipment)) emissions unit and control device performance when required by regulation or an approval order;

(iii) Procedures for facilitating prompt repair of any defective equipment or control device associated with air contaminant emissions;

(iv) A system for logging all actions required by the plan;

(v) Standard procedures for responding to air quality related complaints received by the facility where the stationary source is located; and,

(vi) General policy and measures for minimizing dust emissions and odors.

(((3) The Authority shall develop standard provisions and guidelines for operation and maintenance plans and make them available to sources for purposes of complying with section 5.03(f) provisions.))

(h) Owners or operators of ((air contaminant)) stationary sources subject to ((section 5.01 above)) registration shall be classified according to section 5.04 and shall pay annual registration fees pursuant to sections 5.05.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

SECTION 5.04 CLASSIFICATION OF SOURCES REQUIRED TO REGISTER WITH AUTHORITY

All ((air contaminant)) sources requiring registration pursuant to section 5.01 shall be classified in one of the registration classes listed in Table 5.04b. A source will be placed in the most appropriate class as determined by the Authority. For purposes of classification, the pollutants listed in Table 5.04a will be considered.

TABLE 5.04a: POLLUTANTS

((Total Particulates (TSP))) Particulate Matter
Sulfur Oxides (SOx)
Nitrogen Oxides (NOx)
Volatile Organic Compounds (VOC)
Carbon Monoxide (CO)
Toxic Air Pollutants

TABLE 5.04b: REGISTRATION CLASSES

(a) CLASS RC1 - Any source requiring registration with a potential to emit 100 tons per year or more of any pollutant listed in Table 5.04a.
(b) CLASS RC2 - Any source requiring registration, except those sources classifiable under RC1, with a potential to emit 10 tons or more per year of any toxic air pollutants or 25 tons or more per year of any combination of toxic air pollutants.
(c) CLASS RC3 - Any source requiring registration, except those sources classifiable under RC1 or RC2, with a potential to emit 30 tons per year or more of any pollutant listed in Table 5.04a.
(d) CLASS RC4 - Any source requiring registration, except those sources classifiable under RC6, RC8, RC10, RC11, RC12, or RC13, with a potential to emit at least 10 tons per year, but not more than 30 tons per year, of any pollutant listed in Table 5.04a.
(e) CLASS RC5 - Any source requiring registration, except those sources classifiable under RC7, RC8, RC9, RC10, RC11, RC12, or RC13, with a potential to emit less than 10 tons per year of any pollutant listed in Table 5.04a.
(f) CLASS RC6 - Any stationary source, except those sources classifiable as RC1, RC2, RC3, RC7, RC8, RC10, RC11, RC12, or RC13, with a potential to emit at least 5 tons per year, but not more than 10 tons per year, of any combination of toxic air pollutants.
(g) CLASS RC7 - Any source requiring registration, except those sources classifiable as RC1, RC2, RC3, RC4, RC8, RC10, RC11, RC12, or RC13, that uses or projects to use an average of less than 100 gallons per month (annual average) of materials containing volatile organic compounds, or with a maximum potential to emit less than 5 tons per year of any combination of toxic air pollutants.
(h) CLASS RC8 - All incinerators not classified as RC1, or RC2.
(i) CLASS RC9 - Any ((air contaminant)) source((s)) requiring registration, not classifiable in any other RC classification, which has an actual or potential odor problem associated with its operation.
(j) CLASS RC10 - Any gasoline terminal or bulk plant, except those terminals or bulk plants classifiable under RC1 or RC2 whose gasoline throughput was greater than 7.2 million gallons for the previous calendar year.
(k) CLASS RC11 (minor gasoline terminals and bulk plants) - Any gasoline terminal or bulk plant, except those terminals or bulk plants classifiable under RC1 or RC2, whose gasoline throughput was equal to or less than 7.2 million gallons for the previous calendar year.
(l) CLASS RC12 (gasoline stations, Stage II) - Any gasoline dispensing facility requiring Stage II vapor recovery.
(m) CLASS RC13 (gasoline stations, general) - Any gasoline dispensing facility, except those classifiable under RC12 ((with total gasoline throughput of greater than 100 thousand gallons during the previous calendar year)).
(n) CLASS RC14 - vacant classification
(o) CLASS RC15 - Any ((air contaminant)) source((s)) requiring registration which ((are)) is unique and because of special circumstances cannot be adequately classified elsewhere.

SECTION 5.05 ANNUAL REGISTRATION FEES


(a) The Authority shall charge Initial and Annual registration fees pursuant to RCW 70.94.151. Annual registration fees shall be assessed according to the annual fee schedules set forth in section 5.05(b) below. Initial registration fees shall be assessed upon initial registration of a source subject to registration and shall equal the annual registration fee based on projected emissions and prorated for the remaining months in the fiscal year. Initial and Annual registration fees shall provide revenue to fund the Authority's ongoing Registration Program.

(b) All sources requiring ((annual)) registration shall be assessed an annual registration fee consisting of the sum of a "((facility fee)) source fee," "generating equipment fee," "stack fee," "class fee," "emissions fee," and "source specific monitoring fee" according to items (1) through (9) of this subsection and amounts as specified in Table 5.05a. Sources assessed annual operating permit fees under Article 6 of Regulation 1 shall not be assessed annual fees under this section.

(1) ((Facility)) Source Fee - All sources requiring registration shall pay an annual "((facility)) source fee" of an amount as indicated in Table 5.05a; and

(2) A Generating Equipment Fee of an amount as indicated in Table 5.05a for each ((item of air contaminant)) fee eligible generating equipment located at the source; and

(3) A Stack Fee of an amount as indicated in Table 5.05a for each fee eligible stack located at the source; and

(4) An Emissions Fee of an amount as indicated in Table 5.05a per ton of each air contaminant listed in Table 5.05b emitted by the source for air contaminants emitted in excess of 10 tons, evaluated on a pollutant by pollutant basis, during the previous calendar year, or as contained in the file or permit; and

(5) A Class Fee of an amount as specified in Table 5.05a; and

(6) A Source Specific Monitoring Fee of an amount as specified in Table 5.05a if ambient monitoring is a requirement for the source;

(7) The Authority shall assess the emissions fee based on actual emissions from the source for the last calendar year when available;

(8) The annual registration fees required by this section shall be based on process rates, equipment specifications, and emissions data from the previous calendar year on file with the Authority. For purposes of assessing annual registration fees, the Authority shall consider updates and revisions to any source's file, received prior to August 1 of the current year. If process rates, equipment specifications, and emissions data from the previous calendar year is not on file with the Authority, the Authority may base the annual fee on the enforceable emissions limitations for the source and maximum capacities and production rates.

(9) For purposes of assessing annual registration fees, definitions for ((air contaminant generating equipment)) "fee eligible generating equipment" and "fee eligible stack" ((stacks)) shall be consistent with the definitions in section ((5.00)) 1.07, and ((air contaminant)) fee eligible generating equipment and fee eligible stacks which are identical in size, capacity, function, and emissions may be counted as one unit as approved by the Authority.

(c) The Authority shall assess annual registration fees after August 1 of each year to cover the cost of administering the program for the current fiscal year commencing on July 1 and ending on June 30. The Authority shall assess annual registration fees based on the most recent information on file with the Authority including any updates to the source's file received prior to August 1 of that year.

(d) Upon assessment by the Authority, annual registration fees are due and payable and shall be deemed delinquent if not fully paid within thirty (30) days. However, sources classified as RC1 or RC2 shall be given the option to pay their annual fee in quarterly installments. RC1 and RC2 sources may choose to pay their annual fees in quarterly installments by indicating so on the first invoice received and remitting payment of the first installment to the Authority along with the duplicate copy of the invoice. Quarterly installments shall be equal to 25% of the total annual registration fee and shall be due within 30 days of each quarter following initial assessment by the Authority.

(e) Any source which does not pay their annual registration fee or annual registration fee installment within thirty (30) days of the due date, shall be assessed a late penalty in the amount of 25% of their annual registration fee. This late penalty shall be in addition to the annual registration fee.

(f) Annual registration fees may be appealed according to the procedure specified in section 3.17

TABLE 5.05a: ANNUAL REGISTRATION FEES

ANNUAL FEE COMPONENT FEE COMPONENT

DESCRIPTION

FEE

AMOUNT

((Facility)) Source Fee Fee assessed to all sources requiring registration or an operating permit. $107.00
Generating Equip.

Fee

Fee assessed per each ((item of air contaminant)) fee eligible generating equipment located at the source. $45.00
Stack Fee Fee assessed per each fee eligible stack located at the source. $27.00
Emissions Fee Fee assessed per ton of ((TSP)) particulate matter, SO2, NOx, VOC, and toxic air contaminants emissions which exceeded 10 tons per year for the previous calendar year based on actual emissions. $11.00
Class Fees:

RC1

Major sources (>100 tpy) $1345
RC2 Major toxic sources $1138
RC3 Criteria pollutants > 30 tpy $580
RC4 Criteria pollutants > 10 tpy $124
RC5 Criteria pollutant < 10 tpy $31
RC6 Toxic air contaminants < 10 tpy $124
RC7 < 100 gal/mo VOC containing materials $62
RC8 Incinerators < 30 tpy emissions $217
RC9 Potential odor sources. $62
RC10 Maj. gasoline terminals & bulk plants $155
RC11 Min. gasoline terminals & bulk plants $104
RC12 Gas stations requiring Stage II $11
RC13 Gas stations > 100 thousand gal/yr $ 0
RC14 VACANT CLASSIFICATION
RC15 Other sources requiring registration $104
SOURCE SPECIFIC

AMBIENT AIR MONITORING FEES

Fees charged a source for ((OAPCA)) ORCAA to establish and operate a special purpose source specific monitoring station will be determined on a case by case basis when such monitoring is required. variable

TABLE 5.05b: POLLUTANTS CONSIDERED FOR FEES

((Total Particulates (TSP))) Particulate Matter
Sulfur Oxides (SOx)
Nitrogen Oxides (NOx)
Volatile Organic Compounds (VOC)
Toxic Air Pollutants

(g) On an annual basis, ((starting with calendar year 1994,)) the Authority shall conduct a workload analysis to determine the adequacy ((and fairness of the annual registration fee schedule)) of annual registration fees in funding the Authority's Registration Program. The workload analysis shall be based on the Authority's historical record of time and resource expenditures associated with the registration program. The workload analysis shall be made available if a request is made to the Authority. Any proposed revisions to the annual registration fee schedule shall be presented to the Board for adoption after public noticing pursuant to Regulation 1 public noticing requirements and opportunity for a public hearing.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

SECTION 5.06 RESERVED SECTION

SECTION 5.07 RESERVED SECTION

AMENDATORY SECTION


ARTICLE 6

OPERATING PERMIT PROGRAM


((SECTION 6.00 DEFINITIONS


For purposes of Article 6, the following definitions shall apply.

ACTUAL EMISSIONS means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with (a) and (b) of this subsection.

(a) In general, actual emissions as of a particular date shall equal the rate, in tons per year, at which the emissions unit actually emitted the pollutant during a one-year period which precedes the particular date and which is representative of normal source operation. Actual emissions shall be calculated using the emission((s)) 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 source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.

EMISSIONS means a release of air contaminants into the ambient air.

EMISSIONS UNIT means any part of a source which emits or has the potential to emit any pollutant subject to regulation.

FACILITY means the same as "source."

POTENTIAL TO EMIT means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the 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 if the limitation or the effect it would have on emissions is federally enforceable.

SOURCE means all of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous 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.

STACK means, for purposes of calculating Article 6 fees, any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct, except for the following:

(a) Emission points associated with gasoline or fuel dispensing stations.

(b) Emission points associated with dry cleaning facilities.

(c) Pipes or ducts equal to or less than twelve (12) inches in diameter.

(d) Any other emission point determined appropriate for this exemption by the Authority.

TOXIC AIR POLLUTANT means any Class A or Class B toxic air pollutants 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 group of substances within either of these classes is listed in WAC 173-460-150 and 173-460-160. The term toxic air pollutant does not include particulate matter and volatile organic compounds as generic classes of compounds.))

Reviser's note: The typographical error in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

SECTION 6.01 OPERATING PERMIT PROGRAM

(a) Purpose. The purpose of this article is to provide for a comprehensive operating permit program consistent with the requirements of Title V of the federal Clean Air Act Amendments of 1990 and its implementing regulation 40 CFR part 70, and RCW 70.94.161 and its implementing regulation Chapter 173-401 of the Washington Administrative Code (WAC).

(b) Commitment to administer the program. Olympic ((Air Pollution Control Authority)) Region Clean Air Agency (Authority), ((upon)) provided full or partial delegation by the U.S. Environmental Protection Agency (EPA) and the Washington Department of Ecology (DOE), shall administer an air operating permit program for the Authority's jurisdiction in accordance with ((title V of the Federal Clean Air Act (FCAA) and RCW 70.94.161)) Title V of the federal Clean Air Act Amendments of 1990 and its implementing regulation 40 CFR part 70, and RCW 70.94.161 and its implementing regulation Chapter 173-401 of the Washington Administrative Code (WAC).

(c) Applicability. The provisions of this article apply to all sources subject to the requirements of Chapter 173-401 WAC.

(((b) Operating Permit Regulation. The Authority's air operating permit program and regulations which govern the issuance of air operating permits shall conform with the comprehensive Washington state air operating permit program which is consistent with the requirements of title V of the Federal Clean Air Act (FCAA) and RCW 70.94.161.))

(d) Compliance. It shall be unlawful for any person to cause or allow the operation of any source subject to the requirements of Chapter 173-401 WAC without complying with the provisions of Chapter 173-401 WAC and any permit issued under its authority.

SECTION 6.02 CLASSIFICATION OF SOURCES


(a) All air contaminant sources requiring an operating permit pursuant to title V of the Federal Clean Air Act (FCAA), RCW 70.94.161, or Regulation 1 shall be classified in one of the operating permit program source classification categories (OP#) listed in Table 6.1. A source will be placed in the most appropriate classification category as determined by the Authority.

(b) For purposes of source classification, the pollutants listed in Table 6.2 will be considered. Air contaminant emissions from a source shall be categorized in the most appropriate pollutant category as determined by the Authority.

(c) Air contaminant emissions ((accounted)) counted as toxic air pollutants shall not be double-counted under any other air pollutant for purposes of classification.

TABLE 6.1: OPERATING PERMIT PROGRAM SOURCE CLASSIFICATIONS

(a) CLASS OP1 - Any source with a potential to emit 100 tons per year or more of any pollutant listed in Table 6.2.
(b) CLASS OP2 - Any source, except those sources classifiable under OP1, with a potential to emit 10 tons or more per year of any toxic air pollutants or 25 tons or more per year of any combination of toxic air pollutants.
(c) CLASS OP3 - Any air contaminant source requiring a general operating permit pursuant to title V, section 504(d) of the Federal Clean Air Act (FCAA).
(d) CLASS OP4 - Any other source or area source, except those sources classifiable under OP1, OP2, or OP3 requiring an Operating Permit pursuant to title V of the Federal Clean Air Act (FCAA), RCW 70.94.161, or Regulation 1.

TABLE 6.2: REGULATED POLLUTANTS

((Total Particulates (TSP))) Particulate Matter
Sulfur Oxides (SOx)
Nitrogen Oxides (NOx)
Volatile Organic Compounds (VOC)
Carbon Monoxide (CO)
Toxic Air Pollutants

SECTION 6.03 OPERATING PERMIT FEES


(a) Fee Applicability. Any source or area source in the Authority's jurisdiction subject to the requirement to obtain an Operating Permit pursuant to 40 CFR 70 or RCW 70.94.161 (((major)) Title V sources), except those Title V sources for which air emissions are regulated by the Washington State Department of Ecology ((Industrial Section)), shall pay annual fees to the Authority according to the provisions in this section.

(b) Operating Permit Program Account. The Authority shall maintain a dedicated account for the Air Operating Permit program. The account shall be funded exclusively by fee revenue from annual fees collected from ((major)) Title V sources within the jurisdiction of the Authority. All fee revenue collected under this section ((and all fee revenue from major sources collected under Section 7.13)) shall be deposited in the Air Operating Permit account.

(c) Operating Permit Program Funding. The sum of fees assessed by the Authority under this section ((and fee revenue from major sources assessed under Section 7.13)) shall be sufficient to cover all direct and indirect costs ((to)) of developing and administering the Authority's Operating Permit Program including Ecology's cost for development and oversight of the Authority's Operating Permit Program, as provided in RCW 70.94.162.

(d) Ecology Development and Oversight Fees. The Authority shall assess an annual Ecology Development and Oversight Fee to all ((major)) Title V sources within the jurisdiction of the Authority. The total amount of Ecology Development and Oversight Fees assessed annually by the Authority shall equal Ecology's annual cost of development and oversight of the Authority's Operating Permit Program, as provided in RCW 70.94.162.

(((e) Notice of Construction Fees. The Authority shall assess Notice of Construction Fees to all major sources according to Section 7.13 of Regulation 1.))

(e)(((f))) Annual Fees, Existing ((Major)) Title V Sources. The Authority shall assess an Annual Fee to all existing ((major)) Title V sources. The total amount of Annual Fees assessed by the Authority to existing ((major)) Title V sources shall equal the projected net annual cost to administer the Authority's Operating Permit Program during the current fiscal year.

(f)(((g))) Net Annual Cost Projections. Projected net annual cost to administer the Authority's Operating Permit Program shall be determined annually and shall equal the projected annual cost to administer the program minus any balance of funds in the Operating Permit Program account at the end of the previous fiscal year. Projected annual costs shall include all direct and indirect costs to administer the Authority's Operating Permit Program and shall be based on a workload analysis conducted by staff. Net annual cost projections including the workload analysis shall be included in the Authority's annual budget and approved by resolution of the Authority's Board of Directors in a public hearing.

(g)(((h))) Workload Analysis. Only fee eligible activities as specified below, as provided in RCW 70.94.162, shall be considered in the workload analysis conducted annually by staff. Fee eligible activities shall include:

(1) Preapplication assistance and review of an application and proposed compliance plan for a permit, permit revision, or permit renewal;

(2) Source inspections, testing, and other data gathering activities necessary for development of a permit, permit revision or renewal;

(3) Acting on an application for a permit, permit revision or renewal, including the cost of developing an applicable requirement as part of the processing of a permit, permit revision or renewal, preparing a draft permit and fact sheet, preparing a proposed permit, and preparing a final permit;

(4) Notifying and soliciting, reviewing and responding to comment from the public and contiguous states and tribes, conducting public hearings regarding the issuance of a draft permit and other costs of providing information to the public regarding operating permits and the permit issuance process;

(5) Modeling necessary to establish permit limits or to determine compliance with permit limits:

(6) Reviewing compliance certifications and emission reports, conducting related compilation and reporting activities;

(7) Conducting compliance inspections, complaint investigations and other activities necessary to ensure that a source is complying with permit conditions;

(8) Administrative enforcement activities and penalty assessment, excluding the cost of proceedings before the Pollution Control Hearings Board (PCHB) and all costs of judicial enforcement;

(9) The share attributable to permitted sources to the development and maintenance of emissions inventories;

(10) The share attributable to permitted sources of the ambient air quality monitoring and associated recording and reporting activities;

(11) Training for permit administration and enforcement;

(12) Fee determination, assessment and collection, including the cost of necessary administrative dispute resolution and enforcement;

(13) Required fiscal audits, periodic performance audits and reporting activities;

(14) Tracking of time, revenues and expenditures and accounting activities;

(15) Administering the permit program including costs of clerical support, supervision and management;

(16) Provision of assistance to small business under jurisdiction of the Authority as required under Section 507 of the Federal Clean Air Act; and,

(17) Other activities required by operating permit regulations issued by EPA under the Federal Clean Air Act.

(h)(((i))) Allocation of Fees. The Annual Fee for a Title V source shall be calculated using the following three part fee allocation equation:

TABLE 6.3: OPERATING PERMIT FEE FORMULAS

Annual Fee = Facility Fee + Equipment Fee + Emissions Fee
WHERE:
Facility Fee = (Annual Net Cost 3) n

Equipment Fee = [(Annual Net Cost 3) Utotal] x Usource

Emissions Fee = [(Annual Net Cost 3) Etotal] x Esource

Annual Net Cost = Projected net annual cost as approved by the Authority's Board of Directors.
n = Total number of ((Operating Permit Program)) Title V sources in the Authority's jurisdiction. Note, each area source category requiring a Title V permit shall be counted as one source for purposes of determining "n". However, the facility fee for an area source category shall be divided equally among all individual area sources within the area source category.
Utotal = Total number of emission units located at ((Operating Permit Program)) Title V sources in the Authority's jurisdiction.
Usource = Number of emission units at the specific Title V source. For area source categories requiring a Title V permit, "Usource" is the number of individual area sources within the area source category that have been identified within the Authority's jurisdiction. However, the emission unit fee for an area source category shall be divided equally among all individual area sources within the area source category.
Etotal = Total actual annual emissions of the air pollutants listed in Table 6.2, except CO, from ((Operating Permit Program)) Title V sources based on the Authority's most recent emissions inventory.
Esource = Total actual annual emissions of the air pollutants listed in Table 6.2, Section 6.02, except CO, from the specific Title V source for the most recent calendar year. For area source categories requiring a Title V permit, "Esource" is the total actual annual emissions from the area source category. However the Emissions Fee for an area source category shall be divided equally among all individual area sources within the area source category.

(i)(((j))) Initial Fees. New ((major)) Title V sources shall be assessed an Initial Fee after commencement of operation to cover the Authority's cost of administering the program for the new Title V source for the remainder of the current fiscal year. The Initial Fee for a new Title V source shall equal the Annual Fee based on section ((6.03(i))) 6.03(h), which would otherwise be assessed if the Title V source commenced operation on or prior to the beginning of the current fiscal year, prorated by multiplying by the number of months remaining in the current fiscal year divided by 12.

(j)(((k))) Fee Assessment and Payment Schedule. The Authority shall assess Annual Fees after August 1 of each year to cover the cost of administering the program for the current fiscal year commencing on July 1 and ending on June 30. Upon receipt of a fee invoice from ORCAA, Annual Fees are due and payable and shall be deemed delinquent if not fully paid within thirty (30) days. However, option shall be given to pay Annual Fees in quarterly installments. Owners or operators may choose to pay their Annual Fees in quarterly installments by indicating so on the fee invoice received and remitting payment of the first quarterly installment back to the Authority. These installments shall be due October 1, January 1, and April 1, following initial payment. Quarterly installments shall be equal to twenty-five percent (25%) of the total fee.

(k)(((l))) Late Payment. Any Title V source which does not pay the Annual Fee or installment within thirty (30) days of the due date shall be assessed a late penalty equal to twenty-five percent (25%) of the fee amount due. Any penalty shall be in addition to the fee amount due.

(l)(((m))) Appeal of Annual Fees. Annual Fees may be appealed according to the procedure specified in section 3.17 of Regulation 1. The basis for such appeals shall be limited to arithmetic or clerical errors.

(m)(((n))) Exemption ((for)) from Article 5 Fees. Title V ((S))sources assessed annual fees under this section shall not be subject to annual Registration Program Fees under Article 5 of Regulation 1.

(n)(((o))) Transfer of Ownership. Transfer of ownership of a Title V source shall not affect ((that source's)) any obligation to pay fees required by this section. Any liability for fee payment, including payment of delinquent fees and other penalties shall survive any transfer of ownership of a Title V source.

(o)(((p))) Accountability. The sum of the fees assessed by the Authority to all ((major)) Title V sources within the Authority's jurisdiction shall not exceed the cost of developing and administering the program. The Authority shall keep record of all direct and indirect costs to develop and administer the Operating Permit Program as specified in 40 CFR part 70. This information shall be used by the Authority in determining the net annual cost projections required by 6.03(((g)))(f) above. Provided, however, the information obtained from tracking revenues, time, and expenditures shall not provide a basis for challenge to the amount of an individual source's fee.

Reviser's note: The brackets and enclosed material in the text of 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.

SECTION 6.06 RESTRICTING THE POTENTIAL TO EMIT


A service based fee, additional to annual registration or operating permit fees, shall be assessed to those sources applying to the Authority for approval of enforceable conditions that restrict the source's potential to emit, making the source a minor source and not subject to an operating permit. Fees for restricting a source's potential to emit shall be assessed according to Article 7, Section 7.13. The Authority shall assess the fee based on only those emissions units affected by the enforceable condition as proposed by the applicant.

AMENDATORY SECTION


ARTICLE 7

((NOTICE OF CONSTRUCTION AND APPLICATION FOR APPROVAL)) New Source Review (NSR)


SECTION 7.01 NOTICE OF CONSTRUCTION REQUIRED


(a) ((No person shall construct, install, establish, or modify an air contaminant source, without first filing with the Authority a "Notice of Construction and Application for Approval," on forms prepared and provided by the Authority, and without having received approval by the Authority. All sources subject to Registration in Article 5, Section 5.01 of the Regulation are subject to this Article. For the purposes of this Article, addition to, enlargement, or replacement of an air contaminant source, or any alteration thereto, shall be construed as construction, installation or establishment of a new air contaminant source.)) Approval of a Notice of Construction application required. It shall be unlawful for any person to cause or allow the following actions unless a "Notice of Construction application" has been filed with and approved by the Authority, except for those actions involving stationary sources excluded under subsections 7.01 (c) and (d) of this section:

(1) Construction, installation, or establishment of any stationary source; or,

(2) Modification to any existing stationary source.

(b) ((A Notice of Construction and Application for Approval shall not be required to begin an alteration of equipment or control apparatus if delaying the alteration may endanger life or the supplying of essential services. The Authority shall be notified in writing of the alteration on the first working day after the alteration is commenced, and a Notice of Construction and Application for Approval shall be filed within fourteen (14) days after the day the alteration is commenced.)) Projects not eligible for exemptions. Any exemption provided in subsections 7.01 (c) or (d) of this section shall not apply to:

(1) 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 for Part AAA, (New Residential Wood Heaters). Ecology is responsible for issuing notices of construction to projects subject to Subpart BB (Kraft Pulp Mills) and Subpart S (Primary Aluminum Reduction Plants).

(2) 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), except for asbestos demolition and renovation projects subject to 40 CFR 61.145.

(3) 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, except for dry cleaners subject to Subpart M (Perchloroethylene Air Emission Standards for Dry Cleaning Facilities).

(4) Any project that qualifies as a new major stationary source, or a major modification.

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

(((d) Each Notice of Construction and Application for Approval shall be signed by the applicant or owner, who may be required to submit evidence of their authority.))

(c) Exemption provided Notice of Intent to Operate. A Notice of Construction application and prior approval by the Authority is not required prior to construction, installation, establishment or modification of the following types of stationary sources, provided that a complete "Notice of Intent to Operate" has been filed with the Authority in accordance with section 7.02:

(1) Temporary Portable Stationary Sources. Temporary portable stationary source that have been previously approved by Ecology or a local air pollution control authority in the State of Washington through a Notice of Construction application.

(2) Stationary Sources based on Potential to Emit. Any stationary source that:

(i) Will not result in emission of any toxic air pollutants listed in WAC 173-460-150 (Class A Toxic Air Pollutants); and

(ii) Will have a combined potential to emit from all emission units less than:

A) 0.5 tons per year of any criteria pollutant; and,

B) 1.0 tons per year of total criteria pollutants; and,

C) 100 pounds per year of any toxic air pollutant listed in WAC 173-460-160 (Class B Toxic Air Pollutants).

(3) Dry Cleaners. Certified perchloroethylene dry cleaning machines equipped with a refrigerated condenser and secondary control system. A certified dry cleaning machine is one that is listed on the California Air Resources Board Approved List of Secondary Control Systems for Dry Cleaning Equipment or the New York State Department of Environmental Conservation's list of Certified Fourth Generation Perchloroethyene Dry Cleaning Machines. This exemption does not relieve the owner or operator from compliance with ORCAA Regulation 1, RCW 70.94, or any other emissions control requirements including the Emission Standard for Perchloroethylene Dry Cleaners in WAC 173-400-075(7).

(4) Gasoline Dispensing -- New Facility. New gasoline dispensing facilities, provided that:

(i) Facilities required to install Stage I vapor recovery per Article 15, Section 15.07 of this Regulation are equipped with a California Air Resources Board-approved Stage 1 Enhanced Vapor Recovery system; and

(ii) Facilities required to install Stage II vapor recovery per WAC 173-491-040(5) are equipped with a California Air Resources Board-approved Stage II system.

This exemption does not relieve the owner or operator from compliance with ORCAA Regulation 1, RCW 70.94, or any other emissions control requirements including the Emission Standards and Controls for Sources Emitting Gasoline Vapors in chapter 173-491 WAC or requirements of ORCAA Regulation 1 Article 15.

(5) Gasoline Dispensing -- Modification. Modification to an existing gasoline dispensing facility, provided that:

(i) Those facilities that are required to install Stage I vapor recovery per Article 15, Section 15.07 of this Regulation are equipped with a California Air Resources Board-approved Stage 1 or Stage 1 Enhanced Vapor Recovery system, as required at initial construction; and,

(ii) Those facilities that are required to install Stage II vapor recovery per WAC 173-491-040(5) are equipped with a California Air Resources Board-approved Stage II system.

This exemption does not relieve the owner or operator from compliance with ORCAA Regulation 1, RCW 70.94, or any other emissions control requirements including the Emission Standards and Controls for Sources Emitting Gasoline Vapors in chapter 173-491 WAC or requirements of ORCAA Regulation 1 Article 15.

(d) Categorical Exemptions. A Notice of Construction application and prior approval by the Authority is not required prior to construction, installation, establishment or modification of stationary sources in the following stationary source categories, provided that sufficient records are kept to document the exemption:

(1) Maintenance/construction:

a. Cleaning and sweeping of streets and paved surfaces;

b. Concrete application, and installation;

c. Dredging wet spoils handling and placement;

d. Paving application and maintenance, excluding asphalt plants;

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

f. Plumbing installation and plumbing protective coating application associated with plant maintenance activities;

g. Roofing application;

h. Insulation application and maintenance, excluding products for resale;

i. Janitorial services and consumer use of janitorial products.

j. Asphalt laying equipment including asphalt-roofing operations (not including manufacturing or storage).

k. Blast cleaning equipment that uses a suspension of abrasive in liquid water.

l. Spray painting or blasting equipment used at temporary locations to clean or paint bridges, water towers, buildings, or similar structures.

(2) Storage tanks:

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

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

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

d. Process and white water storage tanks;

e. Storage tanks and storage vessels, with lids or other appropriate closure and less than 260 gallon capacity (35 cft);

f. Storage tanks of a capacity of 10,000 gallons or less, with lids or other appropriate closure, used for the storage of materials containing organic compounds, but not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC);

g. Storage tanks of a capacity of 40,000 gallons or less, with lids or other appropriate closure, used for the storage of organic compounds, but not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC), with a true vapor pressure less than 0.01 kPa (0.002 psia) (0.0001 atm);

h. Storage tanks of a capacity of 40,000 gallons or less used for the storage of butane, propane, or liquefied petroleum gas:

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

j. Storage tanks used exclusively for storage of diesel fuel;

k. Loading and unloading equipment used exclusively for the storage tanks exempted under this section.

(3) Combustion:

a. Fuel burning equipment (not including incinerators) that:

(i) is used solely for a private dwelling serving five families or less; or

(ii) has a maximum heat input rate of 5 MMBtu/hr or less if burning natural gas, propane, or LPG; or

(iii) has a maximum heat input rate of 0.5 MMBtu/hr or less if burning waste-derived fuels; or

(iv) has a maximum heat input rate of 1 MMBtu/hr or less if burning recycled or used oil per the requirements of RCW 70.94.610; or

(v) has a maximum heat input rate of 1 MMBtu/hr or less if burning any other type of fuel and with less than or equal to 0.05% sulfur by weight.

b. All stationary gas turbines with a rated heat input < 10 million Btu per hour.

c. Stationary internal combustion engines having rated capacity:

(i) < 50 horsepower output; or,

(ii) < 500 horsepower and used only for standby emergency power generation.

d. All nonroad engines subject to 40 CFR Part 89.

(4) Material handling:

a. Storage and handling of water based lubricants for metal working where organic content of the lubricant is <10%;

b. 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.

(5) Water treatment:

a. Septic sewer systems, not including active wastewater treatment facilities;

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

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

d. Process water filtration system and demineralizer vents;

e. Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems;

f. Demineralizer tanks;

g. Alum tanks;

h. Clean water condensate tanks.

i. Oil/water separators, except those at petroleum refineries;

j. Equipment used exclusively to generate ozone and associated ozone destruction equipment for the treatment of cooling tower water or for water treatment processes.

k. Municipal sewer systems, including wastewater treatment plants and lagoons with a design capacity of one million gallons per day or less, provided that they do not use anaerobic digesters, chlorine disinfection or sewage sludge incinerators.

(6) Environmental chambers and laboratory equipment:

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

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

c. Installation or modification of a single laboratory fume hood;

d. Laboratory calibration and maintenance equipment.

(7) Monitoring/quality assurance/testing:

a. Equipment and instrumentation used for quality control/assurance or inspection purpose;

b. Hydraulic and hydrostatic testing equipment;

c. Sample gathering, preparation and management;

d. Vents from continuous emission monitors and other analyzers.

(8) Miscellaneous:

a. Single-family residences and duplexes;

b. Plastic pipe welding;

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

d. Insecticide, pesticide, or fertilizer spray equipment.

e. Comfort air conditioning;

f. Flares used to indicate danger to the public;

g. Natural and forced air vents and stacks for bathroom/toilet activities;

h. Personal care activities including establishments like beauty salons, beauty schools, and hair cutting establishments;

i. Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;

j. Tobacco smoking rooms and areas;

k. Noncommercial smokehouses;

l. Blacksmith forges for single forges;

m. Vehicle maintenance activities, not including vehicle surface coating;

n. Vehicle or equipment washing;

o. Wax application;

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

q. Ozone generators and ozonation equipment;

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

s. Electrical circuit breakers, transformers, or switching equipment installation or operation;

t. Pneumatically operated equipment, including tools and hand held applicator equipment for hot melt adhesives;

u. Fire fighting and similar safety equipment and equipment used to train fire fighters.

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

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

x. Solvent cleaners less than 10 square feet air-vapor interface with solvent vapor pressure not more than 30 mm Hg @21C, and not containing toxic air pollutants (as defined in Chapter 173-460 WAC);

y. Surface coating, aqueous solution or suspension containing < 1% (by weight) VOCs, and/or toxic air pollutants as defined in chapter 173-460 WAC;

z. Cleaning and stripping activities and equipment using solutions having < 1% VOCs (by weight); on metallic substances, acid solutions are not exempt;

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

bb. Laundry dryers, extractors or tumblers used exclusively for the removal of water from fabric.

cc. Residential composting facilities.

dd. Restaurants and other retail food preparing establishments.

ee. Routing, turning, carving, cutting and drilling equipment used for metal, wood, plastics, rubber, leather or ceramics.

ff. Steam cleaning equipment used exclusively for that purpose.

gg. Vacuum cleaning systems used exclusively for office or residential housekeeping.

hh. Vacuum producing devices used in laboratory operations and vacuum producing devices that do not remove or convey air contaminants from or to another source.

ii. Vents used exclusively for:

(i) Sanitary or storm drainage systems; or

(ii) Safety valves.

jj. Washing or drying equipment used for products fabricated from metal or glass, if no volatile organic material is used in the process.

kk. Welding, brazing or soldering equipment.

ll. Coffee roaster with a design capacity less than 10 pounds per batch.

mm. Bark and soil screening operations.

nn. Portable sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers less than or equal to 150 tons per hour.

oo. Fixed sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers less than or equal to 25 tons per hour.

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

SECTION 7.02 NOTICE OF INTENT TO OPERATE


(a) ((For portable air contaminant sources which locate temporarily at particular sites and move within the OAPCA region a Notice of Intent to Operate must be filed with the Authority. The)) Notice of Intent to Operate (NOI). For those sources required to submit a notice of intent to operate, a complete Notice of Intent to Operate (NOI) application shall ((must)) be filed at least ((30)) 15 days prior to ((starting the operation)) starting operation of the source. ((, and must supply sufficient information to enable the Authority to determine that the operation will comply with the emission standards for a new source and the applicable ambient air standards The permission to operate shall be for a limited period of time and the Authority may set specific conditions for operation during said period which shall include a requirement to comply with all applicable emission standards. The Authority shall not commence processing a Notice of Intent to Operate until it has received fees as shown in Table 7.02a.))

(b) NOI Application. NOI applications shall be made on standard forms of the Authority and shall include:

(1) All information requested in the applicable standard forms;

(2) If submitting a NOI for a stationary source qualifying for the exemption based on potential to emit under 7.01 (c)(2), documentation verifying the stationary source's potential to emit;

(3) Any additional information requested by the Authority to verify that operation of the stationary source will be in compliance with applicable air pollution control requirements; and,

(4) Applicable fee according to Table 7.02a.

(c) Conditions of operation. The Authority may establish enforceable conditions of operation, through issuance of a regulatory Order, as are reasonably necessary to assure compliance with applicable air pollution control requirements.

(d) Temporary portable sources. Temporary portable sources shall also meet the requirements of section 7.12.

TABLE 7.02a: ((PORTABLE AIR CONTAMINANT SOURCE)) NOI Application Processing FEES

((PORTABLE AIR CONTAMINANT)) SOURCE CATEGORY FEE AMOUNT
Asphalt Plant - Temporary Portable $500
Soil Thermal Desorbtion Unit - Temporary Portable $1,000
Rock Crusher - Temporary Portable (($300))

$100

((Chipper)) Nonroad engine (($100))

$500

Gas Station - New $200
Gas Station - Modification $100
Dry Cleaner $200
Stationary source qualifying under section 7.01 (c)(2) $200
Other (($100))

$100

(((b) For new portable air contaminant sources or portable air contaminant sources which come from outside the OAPCA region, a Notice of Construction and Application for Approval must be filed pursuant to Section 7.01.))

SECTION 7.03 ((ADDITIONAL INFORMATION - WHEN REQUIRED)) APPLICATION PROCESSING


(((a) The Control Officer or the Board may require, as a condition precedent to the construction, installation or establishment of a new air contaminant source or sources, the submission of plans, drawings, data, specifications and such other information as is deemed necessary in order to determine whether the equipment or control apparatus is designed and will be installed to operate without causing a violation of any law or regulation of the Authority.))

(a) Application certification. All Notice of Construction applications shall be signed by the applicant or owner, who may be required to submit evidence of their authority.

(b) Completeness determination. Within thirty days after receiving a notice of construction application, 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. Complete applications shall include:

(1) Any standard Notice of Construction form of the Authority that is applicable to the proposed stationary source or modification;

(2) An Environmental Checklist consistent with requirements in WAC 197-11-315 of the State Environmental Policy Act (SEPA), or any one of the following:

(i) A Determination of Non-significance (DNS) in accordance with WAC 197-11-340;

(ii) A Mitigated Determination of Non-significance (MDNS) in accordance with WAC 197-11-350; or,

(iii) Written statement by the applicant claiming that the proposed stationary source or modification is categorically exempt from SEPA.

(3) When applicable, all information required for review under WAC 173-400-117 and WAC 173-400-141;

(4) Notice of Construction processing fees in accordance with section 7.13 (b) and (c); and,

(5) Any additional information requested by the Authority that is necessary to make the determinations required under section 7.06.

(c) Timeframe for Public Involvement:

(1) For NOC applications subject to public notice pursuant to section 7.04(b), the Authority will issue a Preliminary Determination within 60 days from receipt of a complete application followed by issuing public notice in accordance with section 7.04(c).

(2) For all other NOC applications, the Authority will post a public interest fact sheet in accordance with subsection 7.04(a) within 30 days from receipt of an application.

(d) Final determination schedule. Within sixty days of receipt of a complete notice of construction application, the Authority shall either issue a Final Determination or, if required, initiate public notice according to subsection 7.04(b). Final Determination on an application subject to public notice shall be made as promptly as possible after close of the public comment period.

(e) Approval. A final determination to approve a "Notice of Construction" application and an "Order of Approval", setting forth the conditions of approval, shall be issued, and served in accordance with section 3.21, provided the following conditions are met:

(1) A complete application in accordance with subsection 7.03(b) was received by the Authority;

(2) The application verifies to the Authority that the applicable new source review requirements in section 7.06 have been met;

(3) Application processing fees in accordance with subsection 7.13 have been paid;

(4) The application includes an environmental checklist and other documents that verify compliance with the State Environmental Policy Act;

(5) Applicable public involvement requirements in section 7.04 have been met; and,

(6) The NOC has been signed by the Executive Director of the Authority or an authorized representative.

(f) Denial. If the Authority determines that a proposed project subject to approval of a "Notice of Construction" application does not meet the applicable approval requirements in section 7.06, then a final determination to deny approval and an Order to Deny Construction shall be issued and served in accordance with section 3.21. Any Order to Deny Construction shall:

(1) Be in writing;

(2) Set forth the objections in detail with reference to the specific law or section or sections of the Regulation that will not be met by the proposed project; and,

(3) Shall be signed by the Executive Director of the Authority or an authorized representative.

(g) Scope of review of modifications. New source review of a modification to an existing stationary source shall be limited to the emission unit proposed to be modified, and the air contaminants whose emissions would increase as a result of the action; provided, however, that review of a major modification must also comply with applicable major new source review requirements under subsection 7.06(a) and/or 7.06(b), as applicable.

(h) Integration with Title V permitting requirements. A person seeking approval to construct or modify a stationary source subject to Chapter 173-401 WAC may elect to integrate review of the operating permit application or amendment required under RCW 70.94.161 and the notice of construction application required by this section. A notice of construction application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines in chapter 173-401 WAC. A PSD application under WAC 173-400-141, a notice of 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 public involvement requirements of subsection 7.04 and WAC 173-400-171.

(i) P.E. review and sign-off. Every final determination on a notice of construction 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.

(j) Appeals.

(1) Any order issued pursuant to this Article may be appealed to the Pollution Control Hearings Board of the State of Washington, pursuant to section 3.17 of this Regulation.

(2) Any order issued or the failure to issue such an order, shall not relieve any person from their obligation to comply with any emission control requirement or with any other provision of law.

(k) Major NSR obligations of the Authority. If the new stationary source is a major stationary source, or the change is a major modification, the Authority shall:

(1) Submit any control technology determination included in a final order of approval to the RACT/BACT/LAER clearinghouse maintained by EPA; and

(2) Send a copy of the final approval order to EPA.

(l)(((b))) Deviations from approved plans. After approval to construct, install, ((or)) establish, modify or alter a ((new air contaminant)) stationary source or air pollution control ((facility)) device is granted, deviations from the approved plans, drawings, data and specifications that may result in changes to air pollutant emission rates, control efficiencies or impacts are not permissible without prior approval through a Notice of Construction ((without first securing written approval for the changes from the Control Officer or an authorized representative)).

SECTION 7.04 ((PUBLIC NOTICE, COMMENTS AND HEARINGS)) PUBLIC INVOLVEMENT

The public shall be afforded an opportunity to express interest in permit applications and other proposed actions by the Authority.

(a) Announcement of permit applications and proposed actions.

(1) A public interest factsheet shall be published on the Authority's internet homepage announcing the receipt of permit applications and other proposed actions that do not automatically require public noticing pursuant to subsection 7.04 (b)(1)-(14). Factsheets shall be published on the Authority's internet homepage for a minimum of fifteen (15) days. In the event that publication on the Authority's internet homepage is not possible, the factsheet will be published in a newspaper of general circulation in the area of the proposed action. When published in a newspaper, factsheets will be published for a minimum of one (1) day.

(2) The general public shall be afforded a minimum of fifteen (15) days from initial publishing of a factsheet to express an interest in a particular permit application or proposed decision by responding to the Authority in writing via letter, fax, or e-mail.

(3) Public interest factsheets shall include:

(i) The name of the applicant;

(ii) Location of the proposed project;

(iii) A brief project description;

(iv) Agency contact information

(v) Procedures for submitting comments and the date by which public comments are due;

(vi) A statement that public notice will be given pursuant to subsection 7.04(b) if requested by any person, government agency, group, or the applicant.

(4) Any permit application or proposed action for which the general public requests a public notice shall be given notice in accordance with section 7.04(b).

(5) The Authority shall consider comments submitted in accordance with section 7.04 (a)(2) provided they are received prior to close of the comment period specified in the public interest fact sheet.

(b)(((a))) Applicability of public notice requirements. The Authority shall provide public notice initiated though legal advertisement in a local newspaper of daily circulation prior to approval or denial of any Notice of Construction and Application for Approval if:

(1) The proposed ((installation or modification)) project would cause a significant net increase ((the potential to emit)) in emissions of any air contaminant listed in the following Table ((7.03a;)): ((or))


TABLE ((7.03a)) 7.04 (b)(1): SIGNIFICANT EMISSIONS INCREASE

Air Contaminant

Potential

Tons/Year

Carbon Monoxide (CO) 100.0
Volatile Organic Compounds 40.0
(VOC) Sulfur dioxide 40.0
Nitrogen Oxides (NOx) 40.0
Particulate Matter (PM) 25.0
Fine Particulate Matter (PM10) 15.0
Lead 0.6
Fluorides 3.0
Sulfuric Acid Mist 7.0
Hydrogen sulfide (H2S) 10.0
Total Reduced Sulfur (including H2S) 10.0
Total Toxic Air Pollutants (total TAPs) 25.0
(TAPs as listed in Chapter 173-460 WAC)
Any single Toxic Air Pollutant (TAP) 10.0
Municipal waste combuster organics 0.0000035
(measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans)
Municipal waste combuster metals

(measured as PM)

15
Municipal waste combuster acid gases

(measured as SO2 and hydrogen chloride)

40.0

(2) The applicant requests a limit on the potential to emit; ((or))

(3) The applicant requests to bank emission reduction credits; ((or))

(4) The proposed ((installation or modification)) project involves refuse burning equipment; ((or))

(5) The ((Control Officer)) Executive Director determines that there may be substantial public interest in the proposal((.));

(6) The applicant requests a change in any condition of an approval order that results in an increase in emissions or a substantial change to any monitoring, recordkeeping or reporting requirement of an approval order;

(7) The preliminary determination is to approve or disapprove a PSD permit application, except an administrative amendment to an existing permit;

(8) The proposed action involves extending the deadline to begin construction in a PSD permit;

(9) The proposed action is to extend the deadline to begin construction of a major stationary source in a nonattainment area;

(10) A modified or substituted air quality model, other than a guideline model in Appendix W of 40 CFR Part 51 (in effect on June 1, 2003) was used as part of review under Section 7.06;

(11) The action involves an order to determine RACT;

(12) The action involves establishing a compliance schedule or variance;

(13) The order is to demonstrate the credible height of a stack which exceeds the GEP formula height and sixty-five meters, by means of a fluid model or a field study, or purposes of establishing an emission limitation;

(14) The action includes an order to authorize a bubble; or,

(15) A public notice and comment period is requested by any person, interested governmental agency, group, or the applicant in accordance with requirements for under section 7.04 (a)(2).

(c)(((b))) Public notice requirements. Public notice initiated though legal advertisement in a local newspaper of daily circulation shall be made only after all information required by the Authority has been submitted and after a Preliminary Determination has been made. The cost of providing public notice shall be borne by the applicant according to provisions in section 7.13. Public notice shall include the following:

(1) ((Availability for public inspection in at least one location near the proposed project of the nonproprietary information submitted by the applicant and any written Preliminary Determination by the Authority)) Availability of the NOC application and any written Preliminary Determination of the Authority in at least one location near the proposed project site and on the Authority's internet homepage, excluding any confidential information as provided in section 3.03. The Authority's written Preliminary Determination shall include the conclusions, determinations and pertinent supporting information from the Authority's analysis of the effect of the proposed project on air quality.

(2) Publication of a legal notice in a newspaper of general circulation in the area of the proposed project which provides:

(i) A brief description of the project;

(ii) Location of the project and location of documents made available for public inspection;

(iii) The deadline for submitting written comments;

(iv) A statement that any person, interested governmental agency, group, or the applicant may request a public hearing; and,

(v) A statement that a public hearing may be held if the Authority determines within a 30-day period that significant public interest exists; and,

(vi) The date of the close of the public comment period in the event of a public hearing; and,

(vii) For projects subject to Special protection requirements for federal Class I areas in WAC 173-400-117 (5)(c), public notice shall either explain the permitting agency's decision or state that an explanation of the decision appears in the Fact Sheet for the proposed PSD permit.

(3) Notice to the U.S. Environmental Protection Agency Region 10 Regional Administrator.

(d)(((c) Consideration of public comments.)) Unless a public hearing is held, the public comment period shall be the thirty-day period following the date the public notice is first published. If a public hearing is held, the public comment period shall extend through the hearing date and thereafter for such period, if any, as the notice of public hearing may specify. ((No final decision on any Notice of Construction and Application for Approval for which a public notice is required pursuant to Section 7.04(a) shall be made until the public comment period has ended and any comments received have been considered.))

(e)(((d))) Provisions for public hearings. The applicant, any interested governmental entity, any group, or any person may request a public hearing within the comment period specified in the public notice. Any such request shall indicate, in writing, the interest of the entity filing it and why a hearing is warranted. The Authority may, in 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.

(f) Consideration of public comments. No final decision on any Notice of Construction application shall be made until all public comment periods have ended and any comments received in accordance with requirements for public comments under section 7.04 have been considered.

(g) Other requirements of law. Whenever procedures permitted or mandated by law will accomplish the objectives of public notice and opportunity for comment, those procedures may be used in lieu of the provisions of this section (e.g., SEPA). This subsection does not apply to an application for a "major modification" or an application for a "major stationary source."

(h) Public information. In accordance with Section 3.03, all information, except information protected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205, shall be available for public inspection at the agency. This includes copies of notices of construction applications, orders, and modifications.

SECTION 7.05 ((ISSUANCE OF APPROVAL ORDER))


((Following the timeline in Section 7.21 application processing schedule in section 7.03, the Authority shall issue either:

an Approval Order for the proposed project; or,

an Order to Deny Approval (if the construction, installation or establishment of a new air contaminant source will not be in accordance with the applicable federal, state, and local requirements that are in effect at the time of filing the Notice of Construction and Application for Approval).

(b) Failure to comply with any term or condition of an Approval Order constitutes a violation of this section and is subject to penalties pursuant to RCW 70.94.430 and RCW 70.94.431.

(b) No approval will be issued unless, upon request of the Control Officer or Board, equipment or control apparatus having a stack three (3) feet or more in diameter is provided with:

(1) Sampling ports of a size, number and location as the Authority may require; and

(2) Safe access to each port; and

(3) Such other sampling and testing facilities as the Control Officer or Board may require.

(c) If the Board or Control Officer determines that the construction, installation or establishment of a new air contaminant source or sources will not comply with all laws or regulations of the Authority, the Board or Control Officer shall issue an Order for the prevention of the construction, installation or establishment of the air contaminant source or sources; and

(1) The Order shall be in writing;

(2) The Order shall set forth the objections in detail with reference to the specific law or section or sections of the Regulation that will not be met by the proposed construction, installation or establishment;

(3) The Order shall be signed by the Control Officer or an authorized representative.

(d) Any Order issued pursuant to this section shall become final unless, no later than twenty (20) days after the date the Order is served pursuant to Section 3.21 of the Regulation, the owner or applicant petitions for a reconsideration of the Order, stating reasons for the reconsideration.

(1) The Board or Control Officer shall consider the petition and shall within thirty (30) days give written notice of approval or disapproval of the petition, setting forth the reasons for disapproval.

(2) If the petition of the owner or applicant is disapproved, the owner or applicant may appeal to the Pollution Control Hearings Board of the State of Washington, pursuant to Section 3.17 of this Regulation.

(e) Any Order issued or the failure to issue such an order or approval, shall not relieve any person from their obligation to comply with any emission control requirement or with any other provision of law.))

SECTION 7.06 REQUIREMENTS FOR APPROVAL


(a) Attainment or Unclassified area requirements. The following requirements apply to any new stationary source or modification proposed in an attainment or unclassified area:

(1) The proposed new stationary source or modification will comply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted under chapter 70.94 RCW and applicable emission standards in Regulation 1.

(2) The proposed new stationary source or modification will employ BACT for all pollutants not previously emitted or whose emissions would increase as a result of the new stationary source or modification.

(3) Allowable emissions from the proposed new stationary source or modification will not delay the attainment date for an area not in attainment nor cause or contribute to a violation of any ambient air quality standard. This requirement will be considered to be met if the projected impact of the allowable emissions from the proposed new stationary source or the projected impact of the increase in allowable emissions from the proposed modification at any location within a nonattainment area does not exceed the following levels for the pollutants for which the area has been designated nonattainment:


Pollutant Annual

Average

24-Hour

Average

8-Hour

Average

3-Hour

Average

1-Hour

Average

CO - - 0.5

mg/m3

- 2

mg/m3

SO2 1.0 µg/m3 5 µg/m3 - 25

µg/m3

30

µg/m3

PM10 1.0 µg/m3 5

µg/m3

- - -
NO2 1.0 µg/m3 - - - -

An offsetting emission reduction may be used to satisfy some or all of the requirements of this subsection.

(4) If the proposed project is subject to WAC 173-400-141, Ecology has issued a final PSD permit.

(5) If the proposed new stationary source or the proposed modification will emit any toxic air pollutants regulated under chapter 173-460 WAC, the stationary source meets all applicable requirements of that program.

(b) Nonattainment area requirements. The following requirements apply to any new stationary source or modification proposed in a nonattainment area:

(1) The proposed new stationary source or modification will comply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted under chapter 70.94 RCW and applicable emission standards in Regulation 1.

(2) The proposed new stationary source or modification will employ BACT for all air contaminants, except that if the new stationary source is a major stationary source or the proposed modification is a major modification it will achieve LAER for the air contaminants for which the area has been designated nonattainment and for which the proposed new stationary source or modification is major.

(3) The proposed new stationary source or modification will not cause any ambient air quality standard to be exceeded, will not violate the requirements for reasonable further progress established by the SIP and will comply with section 7.06 (a)(3) for all air contaminants for which the area has not been designated nonattainment.

(4) If the proposed new stationary source is a major stationary source or the proposed modification is a major modification, the Authority has determined, based on review of an analysis performed by the source of alternative sites, sizes, production processes, and environmental control techniques, that the benefits of the project significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

(5) If the proposed new stationary source or the proposed modification is major for the air contaminant for which the area is designated nonattainment, allowable emissions from the proposed new stationary source or modification of that air contaminant are offset by reductions in actual emissions from existing sources in the nonattainment area. Emission offsets must be sufficient to ensure that total allowable emissions from existing major stationary sources in the nonattainment area, new or modified sources which are not major stationary sources, and the proposed new or modified stationary source will be less than total actual emissions from existing sources (before submitting the application) so as to represent (when considered together with the nonattainment provisions of section 172 of the Federal Clean Air Act) reasonable further progress. All offsetting emission reductions must satisfy the following requirements:

(i) The proposed new level of allowable emissions of the source or emissions unit(s) providing the reduction must be less than the current level of actual emissions of that source or emissions unit(s). No emission reduction can be credited for actual emissions which exceed the current allowable emissions of the source or emissions unit(s) providing the reduction. Emission reductions imposed by local, state, or federal regulations, regulatory orders, or permits required by the Federal Clean Air Act, including the SIP, cannot be credited.

(ii) The emission reductions must provide for a net air quality benefit. For marginal ozone nonattainment areas, the total emissions of volatile organic compounds or total emissions of nitrogen oxides are reduced by a ratio of 1.1 to 1 for the area in which the new stationary source or modification is located. For any other nonattainment area, the emissions offsets must provide a positive net air quality benefit in the nonattainment area. Determinations on whether emissions offsets provide a positive net air quality benefit will be made in accordance with the guidelines contained in 40 CFR 51 Appendix S (in effect on July 1, 2000).

(iii) If the offsets are provided by another source, the reductions in emissions from that source must be federally enforceable by the time the order of approval for the new or modified stationary source is effective. An emission reduction credit issued under WAC 173-400-131 may be used to satisfy some or all of the offset requirements of this subsection.

(6) If the proposed new stationary source is a major stationary source or the proposed modification is a major modification, the owner or operator has demonstrated that all major stationary sources owned or operated by such person (or by any entity controlling, controlled by, or under common control with such person) in Washington are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emission limitations and standards under the Federal Clean Air Act, including all rules in the SIP.

(7) If the proposed new stationary source or modification is subject to WAC 173-400-141, Ecology has issued a final PSD permit for all air contaminants subject to permitting under WAC 173-400-141.

(8) If the proposed new stationary source or modification will emit any toxic air pollutants regulated under chapter 173-460 WAC, the source meets all applicable requirements of that chapter.

If the proposed new stationary source is a major stationary source within the meaning of WAC 173-400-113(1), or the proposed modification is a major modification within the meaning of WAC 173-400-113(1), the project meets the Special protection requirements for federal Class I areas in WAC 173-400-117.

SECTION 7.07 NOTICE OF COMPLETION - ORDER OF VIOLATION


(a) The owner or applicant shall notify the ((Board or Control Officer)) Authority of the completion of construction, installation, ((or)) establishment or modification of a stationary source approved through a Notice of Construction application and, in the case of a new stationary source, the date upon which operation will commence. The ((Board or Control Officer)) Authority may ((shall, within thirty (30) days of receipt of notice of completion,)) inspect the new or modified stationary source ((construction, installation or establishment and the Board or Control Officer)) and may issue an Order of Violation if it is found that ((the construction, installation or establishment)) it is not in accord with the approved Notice of Construction application or Order of Approval ((plans, specifications or other information submitted to the Authority and will be in violation of a law or regulation of the Authority in existence at the date the order was issued)).

(b) Upon receipt of an Order of Violation, the owner may appeal ((said)) the order in accordance with the provisions and procedures in sections 3.17 and 3.19 of this Regulation.

(c) The issuance of approval as provided by ((this Article and section 7.05)) 7.03(e) shall not relieve the owner of the obligation to comply with the laws or regulations as adopted by this Authority or prevent the Board or Control Officer from issuing ((such orders)) violation notices as provided by section 3.01, subsection (b) of Article 3 of this Regulation.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

((SECTION 7.09 CONDITIONAL APPROVAL))


((The owner or applicant may request a conditional approval for an experimental installation, construction or establishment and said approval may be issued by the Board or Control Officer if it appears to the Board or Control Officer, from all submitted information, that the installation, construction or establishment, when completed, will satisfy the emissions standards adopted by the Board.))

SECTION 7.11 TIME LIMIT ON APPROVAL OF CONSTRUCTION


(((a) Any person undertaking the construction, installation, or establishment of a new air contaminant source not completed within one (1) year following issuance of any "Approval of Construction" given pursuant to this Article 7 of Regulation 1, shall be required to again comply with the requirements of Section 7.01 through 7.09 of this Regulation before proceeding with such construction, installation, or establishment.))

(((b) Upon application, an extension not to extend beyond a period of one (1) additional year shall be granted by the Board or Control Officer, provided that all regulations and conditions in force at the time of the issuance of the original "Approval of Construction" have not changed.))

(((c) All "Approval of Construction" previously granted herein shall expire one (1) year from the effective date of this resolution.))

Approval to construct or modify a stationary source 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.

SECTION 7.12 TEMPORARY PORTABLE SOURCES


(a) Notice of Intent to Operate. The owner or operator of the following sources shall notify the Authority of the intent to relocate and operate within the jurisdiction of the Authority at least 15 days prior to starting operation by submitting a complete Notice of Intent to Operate (NOI) in accordance with section 7.02:

(1) Relocation of temporary portable stationary sources that have a valid Order of Approval from Ecology or an air pollution control authority in the State of Washington; and,

(2) Nonroad engines, provided that the regulation of nonroad engines under this section are subject to the limitations as set forth in 40 CFR Appendix A to Subpart A of 89 - State Regulation of Nonroad Internal Combustion Engines.

(b) Requirements for Operation. Sources subject to section 7.12(a) shall meet the following requirements:

(1) The operation shall not cause a violation of ambient air quality standards.

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

(3) The temporary portable source shall operate in compliance with all applicable air pollution rules and regulations.

(4) A temporary portable source that is considered a major stationary source within the meaning of section 1.07(67) of ORCAA Regulation 1 shall also comply with the requirements in WAC 173-400-141 and section 7.06(b) as applicable.

(5) Any operating condition in an Order previously issued to a temporary portable source shall remain in effect upon relocating the source within ORCAA's jurisdiction unless specifically superceded by condition in a subsequent Order.

(6) Operation of nonroad engines shall not exceed 90 operating days in any calendar year anywhere within ORCAA's jurisdiction unless a regulatory Order, has been issued by the Authority. The Authority may set specific conditions for operating during that time period as are reasonably necessary to assure compliance with applicable air pollution control requirements. For purposes of this section, an operating day shall be considered any time equipment operates within a calendar day.

SECTION 7.13 NOTICE OF CONSTRUCTION ((FILING)) PROCESSING FEES


(a) The fee for processing a Notice of Construction ((and Application for Approval)) (NOC) application shall include a Filing Fee according to section 7.13(b), Plan Examination and Inspection Fees according to section 7.13(c), and any applicable Additional NOC Processing Fees according to section 7.13(d).

(b) Filing Fees. The Authority shall not commence processing ((of a NOC)) a NOC application until it has received a filing fee of $100.00.

(c) Plan Examination and Inspection Fees. A Plan Examination and Inspection Fee shall be paid for each piece of equipment or process proposed, which emits air pollutants and requires filing a NOC, and for certain fee eligible reviews and determinations as identified in Table 7.13a. The applicant may choose to determine applicable Plan Examination and Inspection Fees based on this section and include payment along with the NOC application, or may elect to have the Authority determine applicable Plan Examination and Inspection Fees during the NOC completeness review, in which case, the applicant would be billed. In either case, the NOC application is incomplete until the Authority has received payment of applicable Plan Examination and Inspection Fees. Plan Examination and Inspection Fees shall be determined as follows:

(1) One Plan Examination and Inspection Fee shall be paid for each regulatory determination or review item identified in Table 7.13a which applies to the NOC;

(2) One Plan Examination and Inspection Fee shall be paid for each piece of equipment or process which emits air pollutants and requires filing a NOC except for equipment or processes which can be considered as identical equipment or processes;

(3) Equipment or processes may be considered identical provided that they have the same physical specifications and only one examination and/or inspection is required by the Authority;

(4) Identical equipment or processes may be accounted for collectively as a single piece of equipment or process subject to a single Plan Examination and Inspection Fee;

(5) The Plan Examination and Inspection Fee for a piece of equipment shall be based on the fee amount in Table 7.13a which most closely matches the equipment or process type; and,

(6) Any fee based on actual cost to the Authority shall be determined according to 7.13(e).

(d) Additional Fees. An Additional NOC Processing Fee shall be paid by the applicant for any work identified in Table 7.3 which has been completed by the Authority for purposes of finalizing review and approval of a NOC. The Authority shall not issue the Final Determination or Order of Approval for any NOC until applicable additional NOC Processing Fees have been paid. The Authority shall determine which additional NOC Processing Fees apply and shall bill an applicant after issuing a Preliminary Determination, but prior to issuing a Final Determination or Approval Order. Additional NOC Processing Fees shall be determined based on the fee schedule contained in Table 7.13b. Any fee based on actual cost to the Authority shall be determined according to 7.13(e).

(e) Fee amounts in Table 7.13a and Table 7.13b which are based on the Authority's actual cost to complete a review or task shall be determined using the actual direct hours expended completing the specific review or task and the corresponding direct hourly salary rate of each Authority staff person directly involved. The following provisions shall apply:

(1) Actual hours used in determining the amount of a fee shall be recorded on a daily basis by each Authority staff person directly involved in completing the specific task;

(2) Time accrued for purposes of determining the amount of a fee for this section shall be accounted for to the nearest 15 minutes;

(3) Current employee salary rates shall be used when calculating actual cost-based fees; and,

(4) The bill issued for any fee based on the Authority's actual cost shall indicate the total hours expended and the hourly cost rates which were used to determine the fee.

(f) Payment of all NOC processing fees assessed by the Authority shall be due no later than thirty (30) days from receiving written notification of the fee assessment. Failure to pay in full any assessed NOC fee within thirty (30) days from the date payment is due shall incur a late payment penalty in the amount of 25% of the total amount due.

TABLE 7.13a: PLAN EXAMINATION AND INSPECTION FEES

DESCRIPTION FEE
Fuel Burning Equipment (new installation)

(fee based on Million Btu/hr heat input at design capacity):

less than 10 $350
10 or more but less than 20 $500
20 or more but less than 50 $700
50 or more but less than 100 $1,500
100 or more $2,500
fuel change or new fuel 1/2 x new installation fee
Emissions from control equipment or from uncontrolled process equipment (fee based on Actual cubic feet per minute at design capacity):
less than 10,000 $300
10,000 or more but less than 20,000 $400
20,000 or more but less than 50,000 $550
50,000 or more but less than 100,000 $850
100,000 or more but less than 250,000 $1,700
250,000 or more $2,500
Incineration (fee based on rate in pounds per hour at design capacity):
less than 100 $300
100 or more but less than 500 $550
500 or more but less than 1000 $1,650
Refuse Combustion

(fee based on combustion rate in tons per day at design capacity):

less than 12 $2,500
12 or more Actual Cost
Storage tanks, reservoirs, or containers other than retail gasoline or diesel fuel dispensing facilities (fee based on gallons total capacity):
6,000 or more but less than 40,000 $350
40,000 or more but less than 100,000 $800
100,000 or more but less than 500,000 $1,250
500,000 or more $1,400
Spray Painting Operation (per booth) $300
Dry Cleaner (per machine) $200
New Gasoline Station $300
Gasoline Station Upgrade or Modification $200
((Coffee Roaster $1,000))
Asphalt Plant (initial) $1,000
Soil Thermal Desorbtion Unit (initial) $2,500
Odor Source $500
Soil and Groundwater remediation $500
Air Toxics Screening Review (Chapter 173-460 WAC) (provided by source) $200
NOC Application Assistance

(emmission calculations, air toxics screening, etc.)

$300
SEPA Threshold Determination $300
Approval Order Modification $100
Other (whichever is greater) $200 or Actual Cost

TABLE 7.13b: FEE ELIGIBLE ITEMS

FEE ELIGIBLE ITEM DESCRIPTION FEE AMOUNT
Additional NOC Processing Fees for Major Sources Additional NOC processing fees shall equal the actual cost of processing the NOC for a Major Source less the NOC fees already paid. Actual Cost
Environmental Impact Statements Preparing an Environmental Impact Statement (EIS) in order to comply with the State Environmental Policy Act. Actual Cost
NOC Assistance Assistance in completing a NOC application including, but not limited to, assistance in calculating emissions, filling out standard forms, determining applicable requirements, completing a BACT analysis, performing an air toxics screening analysis pursuant to Chapter 173-460 WAC, and selecting monitoring equipment. Actual Cost
Emission Reduction Credits Review and approval of emission reduction credits pursuant to Chapter 173-400-131 WAC. Actual Cost
Voluntary Emissions Limits (Synthetic Minors) Review and approval of voluntary limits on emissions requests pursuant to section 7.21. Actual Cost
Alternative Opacity Limits Review and approval of alternative opacity limit requests pursuant to RCW 70.94.331 (2)(c). Actual Cost
Public Noticing Work Associated with issuing public notice pursuant to Chapter 173-400-171 WAC and Section 7.01(e) of OAPCA Regulation 1. Associated work includes issuing a press release if warranted, copying and posting the written Preliminary Determination for public viewing, and reviewing and responding to comments. $350
Publishing Cost of publishing any legal public notice required pursuant to Chapter 173-400-171 WAC. Actual cost of publishing
Public Hearings Work associated with conducting a public hearing including, but not limited to, preparation of summary materials, copying, issuing hearing notice, conducting the hearing, and responding to comments. $400

Reviser's note: The typographical error in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.


SECTION 7.14 CONDITIONS IN APPROVAL ORDERS ENFORCEABLE


Failure to comply with any term or condition of an Approval Order constitutes a violation of this section and is subject to penalties pursuant to RCW 70.94.430 and RCW 70.94.431.



SECTION 7.15 WORK DONE WITHOUT APPROVAL


(a) Where work, for which a Notice of Construction is required, is commenced or performed prior to making application and receiving approval, the Control Officer or an authorized agent may conduct an investigation as part of the Notice of Construction review. In such a case, an investigation fee, in addition to the fees of Section 7.13 shall be assessed in an amount equal to 3 times the fees required of Section 7.13. Payment of the fees does not relieve any person from the requirement to comply with the regulations nor from any penalties for failure to comply.

(b) Where work for which a Notice of Intent to Operate is required is commenced prior to making application and receiving approval, the Control Officer or an authorized agent, may conduct an investigation as part of the Notice of Intent review. In such a case, an investigation fee, in addition to fees of section 7.02, shall be assessed in an amount equal to 3 times the Portable Air Contaminant Source fees of section 7.02. Payment of the fees does not relieve any person from the requirement to comply with the regulations nor from any penalties for failure to comply.

((SECTION 7.17 REQUIREMENTS FOR NEW SOURCES IN NONATTAINMENT AREAS


(b) The Authority shall issue the order of approval to establish a new source or modification in a nonattainment area if it determines that the proposed project satisfies each of the following requirements:

(1) The proposed new source or modification will comply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted under chapter 70.94 RCW and applicable emission standards in Regulation 1.

(2) The proposed new source will employ BACT for all air contaminants, except that if the new source is a major stationary source or the proposed modification is a major modification it will achieve LAER for the air contaminants for which the area has been designated nonattainment and for which the proposed new source or modification is major.

(3) The proposed new source will not cause any ambient air quality standard to be exceeded, will not violate the requirements for reasonable further progress established by the SIP and will comply with Section 7.18 (a)(3) for all air contaminants for which the area has not been designated nonattainment.

(4) If the proposed new source is a major stationary source or the proposed modification is a major modification, the Authority has determined, based on review of an analysis performed by the source of alternative sites, sizes, production processes, and environmental control techniques, that the benefits of the project significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

(5) If the proposed new source or the proposed modification is major for the air contaminant for which the area is designated nonattainment, allowable emissions from the proposed new source or modification of that air contaminant are offset by reductions in actual emissions from existing sources in the nonattainment area. Emission offsets must be sufficient to ensure that total allowable emissions from existing major stationary sources in the nonattainment area, new or modified sources which are not major stationary sources, and the proposed new or modified source will be less than total actual emissions from existing sources (before submitting the application) so as to represent (when considered together with the nonattainment provisions of section 172 of the Federal Clean Air Act) reasonable further progress. All offsetting emission reductions must satisfy the following requirements:

(i) The proposed new level of allowable emissions of the source or emissions unit(s) providing the reduction must be less than the current level of actual emissions of that source or emissions unit(s). No emission reduction can be credited for actual emissions which exceed the current allowable emissions of the source or emissions unit(s) providing the reduction. Emission reductions imposed by local, state, or federal regulations, regulatory orders, or permits required by the Federal Clean Air Act, including the SIP, cannot be credited.

(ii) The emission reductions must provide for a net air quality benefit. For marginal ozone nonattainment areas, the total emissions of volatile organic compounds or total emissions of nitrogen oxides are reduced by a ratio of 1.1 to 1 for the area in which the new source is located. For any other nonattainment area, the emissions offsets must provide a positive net air quality benefit in the nonattainment area. Determinations on whether emissions offsets provide a positive net air quality benefit will be made in accordance with the guidelines contained in 40 CFR 51 Appendix S (in effect on July 1, 2000).

(iii) If the offsets are provided by another source, the reductions in emissions from that source must be federally enforceable by the time the order of approval for the new or modified source is effective. An emission reduction credit issued under WAC 173-400-131 may be used to satisfy some or all of the offset requirements of this subsection.

(6) If the proposed new source is a major stationary source or the proposed modification is a major modification, the owner or operator has demonstrated that all major stationary sources owned or operated by such person (or by any entity controlling, controlled by, or under common control with such person) in Washington are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emission limitations and standards under the Federal Clean Air Act, including all rules in the SIP.

(7) If the proposed project is subject to WAC 173-400-141, Ecology has issued a final PSD permit for all air contaminants subject to permitting under WAC 173-400-141.

(8) If the proposed new source or modification will emit any toxic air pollutants regulated under chapter 173-460 WAC, the source meets all applicable requirements of that chapter.

(9) If the proposed new source is a major stationary source within the meaning of WAC 173-400-113(1), or the proposed modification is a major modification within the meaning of WAC 173-400-113(1), the project meets the Special protection requirements for federal Class I areas in WAC 173-400-117.

SECTION 7.18 REQUIRMENTS FOR NEW SOURCES IN ATTAINMENT OR UNCLASSIFIABLE AREAS


(a) The Authority shall issue an order of approval to establish a new source or modification in an attainment or unclassifiable area if it determines that the proposed project satisfies each of the following requirements:

(1) The proposed new source or modification will comply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted under chapter 70.94 RCW and applicable emission standards in Regulation 1.

(2) The proposed new source or modification will employ BACT for all pollutants not previously emitted or whose emissions would increase as a result of the new source or modification.

(3) Allowable emissions from the proposed new source or modification will not delay the attainment date for an area not in attainment nor cause or contribute to a violation of any ambient air quality standard. This requirement will be considered to be met if the projected impact of the allowable emissions from the proposed new source or the projected impact of the increase in allowable emissions from the proposed modification at any location within a nonattainment area does not exceed the following levels for the pollutants for which the area has been designated nonattainment:


Pollutant Annual

Average

24-Hour

Average

8-Hour

Average

3-Hour

Average

1-Hour

Average

CO - - 0.5

mg/m3

- 2

mg/m3

SO2 1.0 µg/m3 5 µg/m3 - 25

µg/m3

30

µg/m3

PM10 1.0 µg/m3 5 µg/m3 - - -
NO2 1.0 µg/m3 - - - -

An offsetting emission reduction may be used to satisfy some or all of the requirements of this subsection.

(4) If the proposed project is subject to WAC 173-400-141, Ecology has issued a final PSD permit.

(5) If the proposed new source or the proposed modification will emit any toxic air pollutants regulated under chapter 173-460 WAC, the source meets all applicable requirements of that program.))

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

SECTION 7.19 REQUIREMENTS FOR 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 Article 7, the Authority may:

(1) Require that the owner or operator employ RACT ((for)) on the affected ((emission unit)) stationary source;

(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 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 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," 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 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.

SECTION 7.20 CHANGE OF CONDITIONS


(a) The owner or operator may request, at any time, a change in conditions of an approval order issued by the Authority and the Authority may approve the request provided the Authority finds that:

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

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

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

(4) (((iv))) 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) (((v))) The revised order meets the requirements of Article 7, as applicable.

(6) If the order was issued under WAC 173-400-141, the revised order will meet any applicable requirements of that section.

(b) Actions taken under this subsection are subject to the public involvement provisions of Section 7.04.

(c) Requests shall be made on forms provided by the Authority and shall follow the procedures and timelines for a Notice of Construction application as specified in Article 7. The fee schedule found in Section 7.13 shall also apply to these requests.

((SECTION 7.21 APPLICATION PROCESSING


(a) Within thirty days after receiving a notice of construction application, 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.

(b) Within sixty days of receipt of a complete notice of construction application, the Authority shall either issue a final decision on the application per Section 7.05 or initiate public notice per Section 7.04 on a proposed decision, followed as promptly as possible by a final decision.

(c) 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 under RCW 70.94.161 and the notice of construction application required by this section. A notice of construction application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines in chapter 173-401 WAC. A PSD application under WAC 173-400-141, a notice of construction application for a major modification (as defined in Section 7.17) in a nonattainment area or a notice of construction application for a major stationary source (as defined in Section 7.17) in a nonattainment area must also comply with WAC 173-400-171.

(d) Every final determination on a notice of construction 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.

(e) If the new source is a major stationary source (as defined in Section 7.17) or the change is a major modification (as defined in Section 7.17), the Authority shall:

(i) Submit any control technology determination included in a final order of approval to the RACT/BACT/LAER clearinghouse maintained by EPA; and

(ii) Send a copy of the final approval order to EPA.))

SECTION 7.21 VOLUNTARY LIMITS ON EMISSIONS


(a) Upon request by the owner or operator of a source, the Authority shall issue a regulatory order that limits the source's potential to emit any air contaminant or contaminants to a level agreed to by the owner or operator and the authority.

(b) A condition contained in an order issued under this section shall be less than the source's otherwise allowable annual emissions of a particular contaminant under all applicable requirements of the chapter 70.94 RCW and the FCAA, including any standard or other requirement provided for in the Washington state implementation plan. The term "condition" refers to limits on production or other limitations, in addition to emission limitations.

(c) Any order issued under this section shall include monitoring, recordkeeping and reporting requirements sufficient to ensure that the source complies with any condition established under this section. Monitoring requirements shall use terms, test methods, units, averaging periods, and other statistical conventions consistent with the requirements of WAC 173-400-105.

(d) Any order issued under this section shall be subject to the notice and comment procedures under section 7.04.

(e) The terms and conditions of a regulatory order issued under this section shall be federally enforceable, upon approval of this section as an element of the Washington state implementation plan. Any proposed deviation from a condition contained in an order issued under this section shall require revision or revocation of the order.

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