WSR 03-13-077

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 02-05 -- Filed June 13, 2003, 3:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-07-097.

Title of Rule: Chapter 173-434 WAC, Solid waste incinerator facilities.

Purpose: The purpose of the proposed rule change is to incorporate new federal language, change existing definitions, and provide alternative means of compliance.

Statutory Authority for Adoption: RCW 70.94.331 Powers and duties of the department and 70.94.510 Policy to cooperate with the federal government.

Statute Being Implemented: Not applicable.

Summary: The amendment would make 40 C.F.R. 60, subpart Eb, an alternative means of compliance. Redundant sections would be removed. Editorial changes would be included. Creosote treated wood would be removed from the definition of "solid waste."

Reasons Supporting Proposal: The amendments would provide facilities the option of an alternative regulatory scheme based on EPA's most stringent incinerator rule, which is also more protective of the environment than chapter 173-434 WAC. Properly regulated incineration of creosote treated wood has net environmental benefits.

Name of Agency Personnel Responsible for Drafting and Implementation: Steve Cross, Lacey, Washington, (360) 407-6875; and Enforcement: Mary Burg, Lacey, Washington, (360) 407-6880.

Name of Proponent: City of Tacoma, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Purpose: The purpose of the proposed rule change is to incorporate new federal language, change existing definitions, and provide alternative means of compliance.

Summary: Creosote treated wood would be removed from the definition of "solid waste." The amendment would make 40 C.F.R. 60, subpart Eb, an alternative means of compliance. Redundant sections would be removed. Editorial changes would be included.

The rule would provide the Tacoma Steam Plant an environmentally preferable regulatory scheme that would allow it to apply to reinstate its operational status. The rule would allow facilities such as Kimberly-Clark, Everett, to incinerate railroad ties under regulations other than chapter 173-434 WAC. The rule would allow cement plants, such as Ash Grove, Seattle, to engage in certain historic practices while being permitted under regulations other than chapter 173-434 WAC.

Proposal Changes the Following Existing Rules: Summary: The amendments to WAC 173-434-110 would make 40 C.F.R. 60, subpart Eb, an alternative means of compliance to WAC 173-434-090, 173-434-130, 173-434-160, 173-434-170, 173-434-190, and 173-434-200. Redundant sections would be removed, namely WAC 173-434-050, 173-434-070, 173-434-100, and 173-434-120. Editorial changes would be included in all sections. Creosote treated wood would be removed from the definition of "solid waste" in WAC 173-434-030. Tires and certain raw materials at cement plants would be removed from the definition of "solid waste" in WAC 173-434-030.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The businesses that might be affected by this proposed change are not small businesses.

RCW 34.05.328 applies to this rule adoption. Ecology plans on making the determination required in RCW 34.05.328. A preliminary draft of the cost/benefit analysis is available on request.

Hearing Location: Tacoma-Pierce County Health Department, 3629 South D Street (near 37th Street and Pacific Avenue), Tacoma, WA, on July 22, 2003, at 7:00 p.m. (A state implementation plan hearing will be held immediately following the rule hearing.)

Assistance for Persons with Disabilities: Contact Bari Schreiner by July 21, 2003, at (360) 407-6998 or 711 (TTY) or 1-800-833-8973.

Submit Written Comments to: Steve Cross, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504, fax (360) 704-7534, e-mail rulescomments@ecy.wa.gov, received by July 29, 2003.

Date of Intended Adoption: August 15, 2003.

June 12, 2003

Linda Hoffman

Deputy Director

OTS-6450.3


AMENDATORY SECTION(Amending Order 90-10, filed 9/17/90, effective 10/18/90)

WAC 173-434-020   Applicability.   The provisions of this chapter shall apply statewide to all ((solid waste or solid waste derived fuel)) incinerator facilities that:

(1) Are constructed after January 1, 1985, which are designed to burn twelve or more tons per day of solid waste; or

(2) ((Was)) Were constructed prior to January 1, 1985, but begin((s)) to burn twelve or more tons per day of solid waste after January 1, 1985.

[Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), 173-434-020, filed 9/17/90, effective 10/18/90. Statutory Authority: Chapter 70.94 RCW. 87-07-041 (Order 86-38), 173-434-020, filed 3/16/87.]


AMENDATORY SECTION(Amending Order 90-10, filed 9/17/90, effective 10/18/90)

WAC 173-434-030   Definitions.   The definitions of terms contained in chapter 173-400 WAC are incorporated by reference. Unless a different meaning is clearly required by context, the following words and phrases as used in this chapter, shall have the following meanings.

(1) "Incinerator facility" means all of the emissions unit(s), including quantifiable fugitive emissions, which are located in one or more contiguous or adjacent properties, and are under the control of the same person(s), whose activities are principal or ancillary to the incineration of solid waste. Ancillary activities include, but are not limited to, solid waste receiving, segregating and processing, solid waste derived fuel receiving and handling, fuel storage and mixing, heat recovery equipment, steam generating equipment, cooling towers, emissions control equipment, ash handling, ash storage, and combustion.

(2) "Residence time" means the minimum amount of time that a parcel of gas is subject to a given temperature.

(3) "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, ((and)) discarded commodities((. This includes all liquid, solid and semisolid)), septage from septic tanks, dangerous waste, refuse derived fuel, solid waste derived fuel, problem wastes, and all materials((,)) which are not primary products of public, private, industrial, commercial, mining, and agricultural operations. ((Solid waste includes but is not limited to septage from septic tanks, dangerous waste, and problem wastes.)) This definition includes, but is not limited to, all materials that fit the definitions of municipal solid waste in 40 CFR 60, subparts Cb, Ea, Eb, AAAA, or BBBB, as well as all materials that fit the definitions of commercial and industrial solid waste in 40 CFR 60, subparts CCCC or DDDD, in effect on July 1, 2002. Notwithstanding the above, solid waste does not include:

(a) Creosote treated wood at facilities with an order of approval or Prevention of Significant Deterioration (PSD) permit issued after August 1, 2003, for burning such wood, provided that such wood has not been in or repeatedly splashed by marine or brackish water;

(b) At a Portland cement plant;

(i) Tires; and

(ii) Beneficial industrial by-products consumed as raw materials, such as bottom ash, slag, and gypsum board;

(c) Wood waste; or

(d) Sludge from waste water treatment plants.

(4) "Transmissometer" means a device that measures opacity and conforms to EPA Performance Specification Number 1 in Title 40 Code of Federal Regulations, Part 60, Appendix B ((as promulgated prior to July 1, 1988)) in effect on July 1, 2002.

[Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), 173-434-030, filed 9/17/90, effective 10/18/90. Statutory Authority: Chapter 70.94 RCW. 87-07-041 (Order 86-38), 173-434-030, filed 3/16/87.]


AMENDATORY SECTION(Amending Order 90-10, filed 9/17/90, effective 10/18/90)

WAC 173-434-110   Standards of performance.   ((Sources and emissions units to which this chapter is applicable, shall comply with any applicable provisions of WAC 173-400-115 "Standards of performance for new sources.")) (1) Notwithstanding WAC 173-400-115, the following sections of 40 CFR part 60, subpart Eb, in effect on July 1, 2002, are hereby incorporated by reference with the exceptions in subsection 110(2):

(a) 40 CFR part 60, subpart Eb, subsections 60.52b (a)(3), (a)(5), (b)(2), (c)(1), and (c)(2);

(b) All the rest of 40 CFR part 60, subpart Eb.

(2) Exceptions.

(a) The 250 tons per day figures throughout 40 CFR part 60, subpart Eb shall be 12 tons per day;

(b) The terms "municipal solid waste," "municipal type solid waste," and "MSW" in subpart Eb shall include all materials that fit the definition of solid waste in this chapter;

(c) 40 CFR part 60, subpart Eb, subsections 60.50b (i), (j), and (p) shall not be incorporated by reference with respect to facilities constructed, reconstructed or modified after August 1, 2003;

(d) In 40 CFR part 60, subpart Eb, subsection 60.51b, the sentence of the definition of municipal waste combustor unit that excludes "cement kilns firing municipal solid waste (as specified in 60.50b(p))" shall be revised to read "municipal waste combustors do not include cement kilns firing less than 12 tons per day of solid waste (as defined in WAC 173-434-030)"; and

(e) The November 20, 1997, dates in subsection 60.52b(c) are changed to June 20, 2005.

(3) Except for WAC 173-434-130 (4)(c), WAC 173-434-090, 173-434-130, 173-434-160, 173-434-170, 173-434-190 and 173-434-200 shall not apply to:

(a) An incinerator facility regulated under this section; and

(b) An incinerator facility that elects to become subject to this section in an order of approval or other regulatory order from the permitting agency.

(4) The effective date of this section shall be January 1, 2004.

[Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), 173-434-110, filed 9/17/90, effective 10/18/90. Statutory Authority: Chapter 70.94 RCW. 87-07-041 (Order 86-38), 173-434-110, filed 3/16/87.]


AMENDATORY SECTION(Amending Order 90-10, filed 9/17/90, effective 10/18/90)

WAC 173-434-130   Emission standards.   In addition to the general applicability of chapters 173-400 and 173-490 WAC to all emission sources; no incinerator facility shall cause or permit air contaminant emissions in excess of the limits listed below. Specific emission standards listed in this chapter will take precedence over the general emission standards of chapter 173-400 WAC.

(1) Particulate.

(a) For incinerator facilities that are capable of burning two hundred fifty or more tons of solid waste per day, emissions from each stack shall not exceed 0.046 grams of particulate per dry cubic meter at standards conditions (0.020 grains/dscf) corrected to seven percent oxygen for an hourly average.

(b) For incinerator facilities that have a maximum capability of burning less than two hundred fifty tons of solid waste per day, emissions from each stack shall not exceed 0.069 grams of particulate per dry cubic meter at standards conditions (0.030 grains/dscf) corrected to seven percent oxygen for an hourly average.

(2) Hydrogen chloride. The hydrogen chloride emissions from each stack shall not exceed fifty ppm on a volumetric dry basis corrected to seven percent oxygen for an hourly average, except if the owner or operator demonstrates that uncontrolled emissions of hydrogen chloride are reduced by at least eighty percent and a procedure acceptable to ecology or the authority for monitoring is developed.

(3) Sulfur dioxide. The sulfur dioxide emissions from each stack shall not exceed fifty ppm on a volumetric dry basis corrected to seven percent oxygen for an hourly average, except if the owner or operator demonstrates that the uncontrolled emissions of sulfur dioxide are reduced by at least eighty percent and a procedure acceptable to ecology or the authority for monitoring is developed. ((When more than fifty percent of the heat input is fossil fuel, ecology or the authority may establish a higher sulfur dioxide limit provided that limit meets BACT requirements.))

(4) Opacity.

(a) The opacity as measured visually from any incinerator stack shall not exceed an average of five percent opacity for more than six consecutive minutes in any sixty minute period.

(b) The opacity as measured by a transmissometer shall not exceed an average of ten percent opacity for more than six consecutive minutes in any sixty minute period.

(c) The opacity as measured visually shall not exceed an average of zero percent from any emissions unit except incinerator stacks for more than six consecutive minutes in any sixty minute period.

(5) Fugitive emissions. Each operator or owner shall take reasonable precautions to prevent fugitive emissions which includes the paving of all normally traveled roadways within the plant boundary and enclosing or hooding material transfer points.

(6) Source testing. To demonstrate compliance with this chapter, refer to WAC 173-400-105.

[Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), 173-434-130, filed 9/17/90, effective 10/18/90. Statutory Authority: Chapter 70.94 RCW. 87-07-041 (Order 86-38), 173-434-130, filed 3/16/87.]


AMENDATORY SECTION(Amending Order 90-10, filed 9/17/90, effective 10/18/90)

WAC 173-434-160   Design and operation.   (1) Combustion.

(a) Combustion zone temperature. Whenever solid waste is being burned, the temperature of the final combustion zone shall not be below 982C (1800F) for a fifteen minute average nor below 871C (1600F) for any reading.

(((2))) (b) Combustion zone residence time. The minimum combustion chamber temperature must be maintained for at least one second (1.0 second) in a zone after the last over fire air has entered the combustion chamber. If over fire air is not used, the combustion chamber shall maintain the minimum combustion temperature or greater for at least one second with all combustion gases. Procedures for determining the residence time shall be a part of the new source review.

(((3))) (c) Excess air. The combustion gases leaving the final combustion zone must contain at least three percent oxygen measured on a wet basis.

(((4))) (d) Combustion air distribution and control. The air distribution shall be fully controllable where pressurized air is introduced and the air flow shall be monitored and recorded.

(2) Combustion air. To minimize odor, fugitive emissions and to maintain a negative pressure in the tipping area, the combustion air shall be withdrawn from the tipping area, or shall utilize an equivalent means of odor and fugitive emission control acceptable to ecology or the authority.

(((5) Combustion air distribution and control. The air distribution shall be fully controllable where pressurized air is introduced and the air flow shall be monitored and recorded.

(6))) (3) Particulate control device temperature. The inlet temperature of the primary particulate control device shall not exceed 177C (350F).

(((7))) (4) Operation. At all times, the owner or operator shall, to the extent practicable, maintain and operate any incinerator facility, including associated air pollution control equipment, in a manner consistent with good air pollution control practice. This may mean that if the emissions limits are being exceeded, no more waste should be fed into the incinerator until the problem is corrected. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to ecology or the authority which may include, but is not limited to, monitoring and recording results, opacity observations, review of operating and maintenance procedures, and inspection of the source.

[Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), 173-434-160, filed 9/17/90, effective 10/18/90. Statutory Authority: Chapter 70.94 RCW. 87-07-041 (Order 86-38), 173-434-160, filed 3/16/87.]


AMENDATORY SECTION(Amending Order 90-10, filed 9/17/90, effective 10/18/90)

WAC 173-434-170   Monitoring and reporting.   The owners or operators of each incinerator facility shall conduct routine monitoring of emissions in accordance with a program that has been approved by ecology or the authority. The program must contain quality control and quality assurance procedures.

(1) Monitoring.

(a) The owners or operators shall install, operate, and maintain continuous monitors and recorders for the following:

(((a))) (i) Opacity;

(((b))) (ii) Combustion zone temperature;

(((c))) (iii) Particulate control device temperature;

(((d))) (iv) Hydrogen chloride and/or sulfur dioxide;

(((e))) (v) Oxygen;

(((f))) (vi) Carbon monoxide;

(((g))) (vii) Combustion air distribution.

(b) The monitors for ((opacity,)) sulfur dioxide, carbon monoxide, and oxygen shall comply with EPA performance specifications and quality assurance and control criteria in Title 40, Code of Federal Regulations, Part 60, Appendix B ((as promulgated prior to)) and Appendix F respectively, in effect on July 1, ((1989)) 2002.

(c) The monitor for opacity shall comply with EPA performance specifications and quality assurance and control criteria in Title 40, Code of Federal Regulations, Part 60, Appendix B in effect on July 1, 2002, and EPA-340/1-86-010, Recommended Quality Assurance Procedure for Opacity Continuous Emission Monitoring Systems.

(2) Reporting. Results of the monitoring shall be reported within fifteen days of the end of each calendar month and shall include but may not be limited to data such as:

(a) The average daily maximum and the daily maximum concentration of each monitored pollutant and the daily amount of solid waste burned.

(b) The date, time, and magnitude of any periods during which the standards were exceeded, and what corrective action was or will be taken.

(c) Any period(s) of monitor down time.

(3) Testing. The owners or operators shall conduct emission tests for particulate, sulfur dioxide and hydrogen chloride on a regular basis. These tests may be used to determine acceptable operating parameters. Testing shall be at least annually for incinerator facilities capable of burning two hundred fifty tons or more of solid waste per day and biennially for other facilities.

(4) Other data. Each owner or operator shall furnish upon request by ecology or the authority, other data required to evaluate the incinerator's emissions or emissions control program.

[Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), 173-434-170, filed 9/17/90, effective 10/18/90. Statutory Authority: Chapter 70.94 RCW. 87-07-041 (Order 86-38), 173-434-170, filed 3/16/87.]


AMENDATORY SECTION(Amending Order 90-10, filed 9/17/90, effective 10/18/90)

WAC 173-434-190   Changes in operation.   (1) If a startup, shutdown, breakdown, or upset condition occurs which could result in an emissions violation or a violation of an ambient air quality standard, the owner or operator of the source shall take the following actions as applicable:

(((1))) (a) For a planned condition, such as a startup or shutdown, the condition shall be reported to ecology or the authority not less than twenty-four hours in advance of its occurrence. For incinerator facilities that normally operate for less than twenty-four hours per day, this provision may be waived provided that daily startup and shutdown procedures are developed that are acceptable to ecology or the authority.

(((2))) (b) For unplanned conditions, such as a breakdown or upset, the condition shall be reported to ecology or the authority as soon as possible, but no later than the end of the next business day.

(2) If, upon reviewing the available information, ecology or the authority determines that continued operation of any emissions unit is likely to cause a significant risk to the public, it may order an immediate shutdown of the emissions unit.

(3) Upon request ecology or the authority, the owner or operator of the source shall submit a full written report including known causes of any infraction, the corrective actions taken, and the preventive measures to be taken to minimize or eliminate the chance of recurrence.

(4) Compliance with the requirement of WAC 173-434-100((,)) does not relieve the owner or operator of the source from the responsibility to maintain continuous compliance with all the requirements of chapter 173-434 WAC nor from the resulting liabilities for failure to comply.

[Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), 173-434-190, filed 9/17/90, effective 10/18/90. Statutory Authority: Chapter 70.94 RCW. 87-07-041 (Order 86-38), 173-434-190, filed 3/16/87.]


AMENDATORY SECTION(Amending Order 90-10, filed 9/17/90, effective 10/18/90)

WAC 173-434-200   Emission inventory.   The owner or operator of any solid waste incinerator shall submit an inventory of emissions that complies with WAC 173-400-105. The inventory shall include but may not be limited to stack and fugitive emissions of particulate matter, PM-10, sulfur dioxide, nitrogen oxides, carbon monoxide, volatile organic compounds, hydrogen chloride, and other contaminants as requested by ecology or the authority or as required by federal emissions reporting requirements.

[Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), 173-434-200, filed 9/17/90, effective 10/18/90. Statutory Authority: Chapters 70.94 and 43.21A RCW. 89-02-055 (Order 88-39), 173-434-200, filed 1/3/89. Statutory Authority: Chapter 70.94 RCW. 87-07-041 (Order 86-38), 173-434-200, filed 3/16/87.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 173-434-050 New source review (NSR).
WAC 173-434-070 Prevention of significant deterioration (PSD).
WAC 173-434-100 Requirement for BACT.
WAC 173-434-120 Emission standards for hazardous air pollutants.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office