PROPOSED RULES
CLEAN AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: Amend Sections 1.07, 3.04, 6.09, 9.03, 9.04, 9.08, 12.03 (Regulation I); Section 2.07 (Regulation III). Adopt Section 6.01 (Regulation I). Repeal Sections 6.03, 6.06, 6.07, 6.08 (Regulation I).
Purpose: The proposal would adopt Regulation I, Section 6.01 to reflect the agency's decision to adopt by reference the Washington State Department of Ecology's new source review (NSR) program under chapters 173-400 and 173-460 WAC, including the definitions used therein.
The proposal would amend Regulation I, Section 1.07 to remove definitions pertaining to the NSR program because the agency would use the definitions in ecology's regulations. There are also some minor housekeeping changes to make the remaining definitions consistent with the definitions in the WAC.
The proposal would repeal Regulation I, Sections 6.03, 6.06, 6.07, and 6.08 because they would be superceded by ecology's NSR program.
Cross references to the repealed sections would be amended accordingly.
Other Identifying Information: 1.07 Definitions; 3.04 RACT; 6.09 Notice of Completion; 9.03 Emission of Air Contaminant: Visual Standard; 9.04 Opacity Standards for Equipment with Continuous Opacity Monitoring Systems; 9.08 Fuel Oil Standards; 12.03 Continuous Emission Monitoring Systems; 2.07 Evaluating the Impacts of TAC; 6.01 Components of New Source Review Program; 6.03 Notice of Construction; 6.06 Public Notice; 6.07 Order of Approval - Order to Prevent Construction; and 6.08 Emission Reduction Credit Banking.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: See Purpose above.
Reasons Supporting Proposal: EPA has informally requested that the state submit a revision to the state implementation plan containing approvable new source review (NSR) programs for all portions of the state. Adopting Department of Ecology's NSR program by reference would ensure a consistent statewide program and would be easier for EPA to approve.
Name of Agency Personnel Responsible for Drafting: Gerry Pade, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4065; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.
Name of Proponent: Puget Sound Clean Air Agency, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect the amendments, except Regulation I, Sections 3.04(e), 9.03 (d) and (e), 12.03 (b)(2); and Regulation III, 2.07.
Rule is necessary because of federal law, FCAA Section 110 (a)(2)(C), 40 C.F.R. 51.160 through 51.164.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.
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: Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on September 25, 2003, at 9:15 a.m.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by September 18, 2003, TDD (800) 833-6388 or (800) 833-6385 (Braille).
Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, fax (206) 343-7522, by September 15, 2003.
Date of Intended Adoption: September 25, 2003.
August 18, 2003
G. S. Pade
Engineer - Compliance
AMENDATORY SECTIONREGULATION I SECTION 1.07 DEFINITIONS
When used herein:
(((a) ACTUAL EMISSIONS means the average rate at which
the source actually emitted air contaminants during the 2-year
period preceding a specific date, and which is representative
of normal source operations. To account for unusual
circumstances such as strikes, the Control Officer may approve
or require the use of another time period that is more
representative of normal operations than is the immediately
preceding 2-year period.))
(((b))) (a) AGENCY means the Puget Sound Clean Air
Agency.
(((c))) (b) AIR CONTAMINANT means dust, fumes, mist,
smoke, other particulate matter, vapor, gas, odorous
substance, or any combination thereof.
(((d))) (c) 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, or property, or which unreasonably interferes
with enjoyment of life and property. 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.
(((e) ALLOWABLE EMISSIONS means the emission rate
calculated using the maximum rated capacity of the source
(unless the source is subject to a federally enforceable
permit that limits the operating rate, or hours of operation,
or both) and the most stringent of the following:
(1) Any applicable standard under 40 CFR Parts 60, 61, and 63;
(2) Any applicable emission standard under Regulation I, II, or III;
(3) Any applicable State Implementation Plan emission standard, including those with a future compliance date; or
(4) Any applicable emission standard specified in an Order of Approval or operating permit, including those with a future compliance date.))
(((f))) (d) AMBIENT AIR means the ((portion of the
atmosphere, external to buildings, to which the general public
has access)) surrounding outside air.
(((g) BEST AVAILABLE CONTROL TECHNOLOGY means technology
that will result in an emission standard, including a visible
emission standard, based on the maximum degree of reduction
which the Agency, on a case-by-case basis, taking into account
energy, environmental, and economic impacts, and other costs,
determines is achievable for such source through application
of production processes, available methods, systems, and
techniques, including fuel cleaning or treatment, clean fuels,
or innovative fuel combustion techniques for control of each
air contaminant. In no event shall application of the best
available control technology result in emissions of any air
contaminant that would exceed the emissions allowed by any
applicable standard under 40 CFR Parts 60, 61, and 63. The
Agency may prescribe a design, equipment, work practice, or
operational standard, or combination thereof, to meet the
requirements of best available control technology. Such
standard shall, to the degree possible, set forth the emission
reduction achievable by implementation of such design,
equipment, work practice, or operation and shall provide for
compliance by means that achieve equivalent results.))
(((h))) (e) BOARD means the Board of Directors of the
Puget Sound Clean Air Agency.
(((i))) (f) COMBUSTIBLE REFUSE means solid or liquid
combustible waste material.
(((j) COMMENCED CONSTRUCTION means that the owner or
operator has all the necessary preconstruction approvals or
permits and either has begun, or has caused to begin, a
continuous program of actual on-site construction of the
source or has entered into binding agreements or contractual
obligations to undertake construction of the source which
cannot be canceled or modified without substantial loss to the
owner or operator.))
(((k))) (g) CONTROL EQUIPMENT means any device which
prevents or controls the emission of any air contaminant.
(((l))) (h) CONTROL OFFICER means the Air Pollution
Control Officer of the Puget Sound Clean Air Agency.
(((m))) (i) EMISSION means a ((direct or indirect))
release of ((any)) air contaminants into the ambient air.
(((n))) (j) EMISSION STANDARD means a requirement
established under the Federal Clean Air Act (FCAA) or chapter 70.94 RCW that limits the quantity, rate, or concentration of
emissions of air contaminants on a continuous basis, including
any requirement relating to the operation or maintenance of a
source to assure continuous emission reduction((,)) and any
design, equipment, work practice, or operational standard
adopted ((promulgated)) under the FCAA or chapter 70.94 RCW.
(((o))) (k) EQUIPMENT or EMISSION UNIT means any part of
a stationary source or source that 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 ((or
portable device or any part thereof that emits or may emit any
air contaminant into the atmosphere)).
(((p) FACILITY means the sum total of all of the
pollutant emitting activities that belong to the same
industrial grouping (as defined by major groups in the
Standard Industrial Classification Manual, NTIS Order No. PB
87-100012), are located on one or more contiguous or adjacent
properties, and are owned or operated by the same person or
persons under common control.))
(((q))) (l) FUEL BURNING EQUIPMENT means equipment that
produces hot air, hot water, steam, or other heated fluids by
external combustion of fuel.
(((r) FUGITIVE DUST means particulate matter or any
visible air contaminant other than uncombined water that is
not collected by a capture system and emitted from a stack,
but is released to the atmosphere at the point of generation.
(s) FUGITIVE EMISSION means an emission that does not pass and that could not reasonably pass through a stack, chimney, or other functionally equivalent opening.))
(((t))) (m) GASOLINE means a petroleum distillate that is
a liquid at standard conditions and has a true vapor pressure
greater than 4 pounds per square inch absolute at 20°C, and is
used as a fuel for internal combustion engines. Also any
liquid sold as a vehicle fuel with a true vapor pressure
greater than 4 pounds per square inch absolute at 20°C shall
be considered "gasoline" for purpose of this regulation.
((volatile organic compound having a true vapor pressure
greater than 1.5 pounds per square inch (10.3 kPa) at 68°F
(20°C), that is a liquid at a temperature of 68°F (20°C) and a
barometric pressure of 29.92 inches of mercury (101.325 kPa),
and is used as a fuel for internal combustion engines.))
(((u))) (n) GASOLINE STATION means any site dispensing
gasoline into ((fuel tanks of)) motor vehicle((s)), marine
vessel((s)), or aircraft fuel tanks from stationary storage
tanks.
(((v))) (o) HAZARDOUS AIR POLLUTANT means any air
pollutant listed in or pursuant to section 112(b) of the
federal Clean Air Act, 42 U.S.C. §7412.
(((w) INSTALLATION means the placement, assemblage, or
construction of equipment or control equipment at the premises
where the equipment or control equipment will be used, and
includes all preparatory work at such premises.
(x) LOWEST ACHIEVABLE EMISSION RATE means that rate of emissions that reflects either the most stringent emission standard that is contained in the implementation plan of any state for such class or category of source unless the owner or operator of the proposed source demonstrates that such emission standards are not achievable, or the most stringent emission standard that is achieved in practice by such class or category of source, whichever is more stringent.
(y) MAJOR MODIFICATION means a modification of a major source that would increase the actual emissions of any air contaminant for which the area is designated nonattainment by more than the following:
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(z) MAJOR SOURCE means a facility that emits or has the potential to emit 100 tons per year or more of any air contaminant subject to regulation under the federal Clean Air Act. In determining whether the threshold defining a major source has been exceeded all fugitive emissions that can be reasonably quantified shall be included. Any emission reduction credits banked by the facility may be subtracted from this amount provided that any credits so applied are then considered to have been used.
(aa) MAJOR SOURCE OF HAZARDOUS AIR POLLUTANTS means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the U.S. EPA Administrator establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this sentence.
(bb) MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY EMISSION LIMITATION FOR NEW SOURCES means the emission limitation that is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and that reflects the maximum degree of reduction in emissions that the Agency, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source.
(cc) MODIFICATION means any physical change in, or change in the method of operation of, a source, except an increase in the hours of operation or production rates (not otherwise prohibited) or the use of an alternative fuel or raw material that the source is approved to use under an Order of Approval or operating permit, that increases the amount of any air contaminant emitted or that results in the emission of any air contaminant not previously emitted.))
(((dd))) (p) MOTOR VEHICLE means any operating vehicle or
one capable of being operated that has its own self-contained
sources of motive power, is designed for the transportation of
people or property, and is of the type for which a license is
required for operation on a highway.
(((ee))) (q) MULTIPLE CHAMBER INCINERATOR means a furnace
for the destruction of waste consisting of three or more
refractory-lined combustion chambers in series, physically
separated by refractory walls, interconnected by gas passage
ports or ducts, and employing adequate design parameters
necessary for maximum combustion of the material to be burned.
(((ff) NONATTAINMENT AREA means a geographic area
designated by the United States Environmental Protection
Agency that violates a primary or secondary national ambient
air quality standard.))
(((gg))) (r) OWNER OR OPERATOR means the person who owns,
leases, supervises, or operates the equipment or control
equipment.
(((hh) PARTICULATE MATTER means any material, except
water in an uncombined form, that is, has been, or is likely
to become airborne and exists as a liquid or a solid at a
temperature of 68°F (20°C) and a barometric pressure of 29.92
inches of mercury (101.325 kPa).))
(((ii))) (s) PERSON means ((and includes any)) an
individual, firm, public or private corporation, association,
partnership, political subdivision, municipality, or
government((al)) agency.
(((jj) 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 Appendix J of 40 CFR
Part 50 and designated in accordance with 40 CFR Part 53 or by
an equivalent method designated in accordance with 40 CFR Part
53.))
(((kk) POTENTIAL TO EMIT means the maximum capacity of a
facility to emit an air contaminant under its physical and
operational design. Any physical or operational limitation on
the capacity of the facility to emit an air contaminant,
including control equipment and restrictions on the 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.))
(((ll))) (t) REASONABLY AVAILABLE CONTROL TECHNOLOGY or
(RACT) means the lowest emission standard that a particular
source or source category is capable of meeting by the
application of control technology that is reasonably available
considering technological and economic feasibility. RACT
((Reasonably available control technology)) is determined on a
case-by-case basis for an individual source or source category
taking into account the impact of the source upon air quality,
the availability of additional controls, the emission
reduction to be achieved by additional controls, the impact of
additional controls on air quality, and the capital and
operating costs of the additional controls. RACT requirements
for any source or source category shall be adopted only after
notice and opportunity for comment are afforded.
(((mm))) (u) REFUSE BURNING EQUIPMENT means equipment
employed to burn any solid or liquid combustible refuse.
(((nn))) (v) SOURCE means ((a building, structure,
equipment, control equipment, or facility that emits or may
emit any air contaminant into the atmosphere.)) all of the
emissions unit(s) including quantifiable fugitive emissions,
that are located on one or more contiguous or adjacent
properties, and are under the control of the same person or
persons under common control, whose activities are ancillary
to the production of a single product or functionally related
group 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 2-digit code) as described in the
Standard Industrial Classification Manual, 1972, as amended by
the 1977 supplement.
(((oo) STANDARD CONDITIONS means a temperature of 68°F
and a barometric pressure of 29.92 inches of mercury.
(pp) TOTAL ALLOWABLE EMISSIONS means allowable emissions, including the emissions from all Orders of Approval issued to the facility since the designation of nonattainment that were not major modifications, and all fugitive emissions that can be reasonably quantified.))
(((qq))) (w) TOXIC AIR CONTAMINANT or TAC means ((an air
contaminant listed in Appendix A of Regulation III.)) any
Class A or Class B toxic air pollutant listed in WAC 173-460-150 and 173-460-160. The term toxic air pollutant may
include particulate matter and volatile organic compounds if
an individual substance or a group of substances within either
of these classes is listed in WAC 173-460-150 and/or
173-460-160. The term toxic air pollutant does not include
particulate matter and volatile organic compounds as generic
classes of compounds.
(((rr))) (x) TRUE VAPOR PRESSURE means the equilibrium
partial pressure of ((an organic)) a petroleum liquid as
((())determined by methods described in American Petroleum
Institute Bulletin 2517, "Evaporative Loss from External
Floating Roof Tanks", May 1996(())).
(((ss))) (y) URBANIZED AREA means those portions of King,
Pierce, Kitsap, and Snohomish Counties designated as urbanized
areas by the U.S. Department of Commerce, Bureau of the
Census.
(((tt))) (z) VOLATILE ORGANIC COMPOUND or VOC means an
organic compound that participates in atmospheric
photochemical reactions((. This excludes all compounds
determined to have negligible photochemical reactivity by the
U.S. Environmental Protection Agency and listed)) as defined
in 40 CFR 51.100(s) in effect ((July 1, 1998)) as of the
federal regulation reference date listed in Section 3.25 of
this regulation herein incorporated by reference.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Puget Sound Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
REGULATION I SECTION 3.04 REASONABLY AVAILABLE CONTROL TECHNOLOGY
(a) Reasonably Available Control Technology (RACT) is
required for all existing sources.
(b) RACT for each source category containing 3 or more sources shall be determined by rule, except as provided in Section 3.04(c) of this regulation.
(c) Source-specific RACT determinations may be performed under any of the following circumstances:
(1) For replacement of existing control equipment under
((Section 6.07 (c)(4))) Article 6 of this regulation;
(2) When required by the federal Clean Air Act;
(3) For sources in source categories containing fewer than 3 sources;
(4) When an air quality problem, for which the source is a contributor, justifies a source-specific RACT determination prior to development of a categorical RACT rule; or
(5) When a source-specific RACT determination is needed to address either specific air quality problems, for which the source is a significant contributor, or source-specific economic concerns.
(d) Under any of the circumstances listed in Section 3.04(c) of this regulation, the Control Officer or a duly authorized representative shall have the authority to perform a source-specific RACT analysis or to order the owner or operator to perform the analysis and submit the results to the Agency.
(e) In the event that the Agency performs a source-specific RACT analysis of a source, the Agency shall assess a fee against that source to cover the cost of performing the analysis. The fee for an analysis performed by the Agency shall be $5,000.00. (Replacement of control equipment under Section 3.04 (c)(1) shall be subject to the notice of construction review fees under Section 6.04, in lieu of a RACT fee under this section.) This fee shall be due and payable within 30 days of the date of the invoice and shall be deemed delinquent if not fully paid within 90 days of the invoice.
(f) Where current controls are determined to be less than RACT, the Agency shall define RACT for that source or source category and issue a rule or a regulatory order under Section 3.03 of this regulation requiring the installation of RACT.
(g) Emission standards and other requirements contained in rules or regulatory orders in effect at the time of operating permit issuance shall be considered RACT for purposes of permit issuance or renewal.
NEW SECTION
REGULATION I SECTION 6.01 COMPONENTS OF NEW SOURCE REVIEW
PROGRAM
(a) In addition to the provisions of this regulation, the Agency adopts by reference and enforces the following provisions of the new source review program established by the Washington State Department of Ecology:
WAC 173-400-030 Definitions. (effective 9/15/01)
WAC 173-400-081 Startup and shutdown. (effective 9/20/93)
WAC 173-400-110 New source review. (effective 9/15/01)
WAC 173-400-112 Requirements for new sources in nonattainment areas. (effective 9/15/01)
WAC 173-400-113 Requirements for new sources in attainment or unclassifiable areas. (effective 9/15/01)
WAC 173-400-114 Requirements for replacement or substantial alteration of emission control technology at an existing stationary source. (effective 9/15/01)
WAC 173-400-117 Special protection requirements for federal Class I areas. (effective 9/15/01)
WAC 173-400-171 Public involvement. (effective 9/15/01)
WAC 173-400-200 Creditable stack height and dispersion techniques. (effective 3/22/91)
WAC 173-460-020 Definitions. (effective 2/14/94)
WAC 173-460-040 New source review. (effective 2/14/94)
WAC 173-460-050 Requirement to quantify emissions. (effective 2/14/94)
WAC 173-460-060 Control technology requirements. (effective 8/21/98)
WAC 173-460-070 Ambient impact requirement. (effective 9/18/91)
WAC 173-460-080 Demonstrating ambient impact compliance. (effective 2/14/94)
WAC 173-460-090 Second tier analysis. (effective 2/14/94)
(b) The Washington State Department of Ecology is the permitting agency for the Prevention of Significant Deterioration (PSD) program under WAC 173-400-141, and for primary aluminum smelters, kraft pulp mills, and sulfite pulp mills.
(c) The Washington State Department of Health is the permitting agency for radionuclides under chapter 246-247 WAC.
(d) The Energy Facility Site Evaluation Council (EFSEC) is the permitting agency for large natural gas and oil pipelines, electric power plants above 350 megawatts, new oil refineries or large expansions of existing facilities, and underground natural gas storage fields under chapter 463-39 WAC.
REPEALER
REGULATION I SECTION 6.03 NOTICE OF CONSTRUCTION
REPEALER
REGULATION I SECTION 6.06 PUBLIC NOTICE
REPEALER
REGULATION I SECTION 6.07 ORDER OF APPROVAL - ORDER TO PREVENT CONSTRUCTION
REPEALER
REGULATION I SECTION 6.08 EMISSION REDUCTION CREDIT BANKING
AMENDATORY SECTION
REGULATION I SECTION 6.09 NOTICE OF COMPLETION
Within 30 days of completion of the installation or
modification of a stationary ((an air contaminant)) source
subject to the provisions of ((Section 6.07)) Article 6 of
this regulation, the owner or operator or applicant shall file
a Notice of Completion with the Agency. Each Notice of
Completion shall be submitted on a form provided by the
Agency, and shall specify the date upon which operation of the
stationary source has commenced or will commence.
AMENDATORY SECTION
REGULATION I SECTION 9.03 EMISSION OF AIR CONTAMINANT: VISUAL STANDARD
(a) It shall be unlawful for any person to cause or allow
the emission of any air contaminant for a period or periods
aggregating more than 3 minutes in any 1 hour, which is:
(1) Darker in shade than that designated as No. 1 (20% density) on the Ringelmann Chart, as published by the United States Bureau of Mines; or
(2) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in Section 9.03 (a)(1).
(b) The density or opacity of an air contaminant shall be measured at the point of its emission, except when the point of emission cannot be readily observed, it may be measured at an observable point of the plume nearest the point of emission.
(c) This section shall not apply when the presence of uncombined water is the only reason for the failure of the emission to meet the requirements of this section.
(d) This section shall not apply to solid fuel burning devices, permitted fire training facilities, permitted obscurant usage during military training operations, outdoor fires, motor vehicles when operated on public roads, aircraft, or equipment subject to Section 9.04 of this regulation.
(e) This section shall not apply to equipment with an
alternate opacity standard issued under Section 3.03 or
Article 6 of this regulation ((Section 6.07)) that is based
upon a correlation with the particulate concentration and that
accurately indicates a violation of the applicable particulate
emission standards in Section 9.09 of this regulation.
AMENDATORY SECTION
REGULATION I SECTION 9.04 OPACITY STANDARDS FOR EQUIPMENT WITH
CONTINUOUS OPACITY MONITORING SYSTEMS
(a) Applicability. This section shall apply to all equipment required to be equipped with a continuous emission monitoring system for opacity.
(b) It shall be unlawful for any person to cause or allow the operation of any of the following equipment unless equipped with a continuous emission monitoring system for opacity:
(1) Cement kilns;
(2) Clinker coolers;
(3) Glass furnaces, rated at greater than 1 ton per hour, that burn fuel;
(4) Fuel burning equipment, rated at 100 million Btu per hour or greater, that burns wood, coal, or residual oil; and
(5) Refuse burning equipment rated at greater than 12 tons per day.
(c) It shall be unlawful for any person to cause or allow the emission of any air contaminant from any equipment subject to this section during any hour that:
(1) Averages greater than 5% opacity; or
(2) Contains any consecutive 6-minute period averaging greater than 20% opacity.
(d) Section 9.04 (c)(1) shall not apply to:
(1) Glass furnaces that are tested annually for compliance with the applicable particulate emission standard in Section 9.09 of this regulation; or
(2) Equipment with an alternate opacity standard issued
under Section 3.03 or Article 6 of this regulation ((Section
6.07)) that is based upon a correlation with the particulate
concentration and that accurately indicates a violation of the
applicable particulate emission standards in Section 9.09 of
this regulation.
(e) This section shall not apply to sources controlled by a venturi scrubber, provided that:
(1) The source is tested annually for compliance with the applicable particulate emission standard in Section 9.09 of this regulation;
(2) The pressure drop across the scrubber is continuously monitored and recorded; and
(3) The scrubbing liquid flow rate and temperature are continuously monitored and recorded.
(f) This section shall not apply to fuel burning
equipment that burns residual oil less than 31 days per year,
provided that the source implements an alternate opacity
monitoring plan issued under Section 3.03 or Article 6 of this
regulation ((Section 6.07)).
AMENDATORY SECTION
REGULATION I SECTION 9.08 FUEL OIL STANDARDS
(a) It shall be unlawful for any person to cause or allow
the combustion of oil in fuel burning equipment or refuse
burning equipment that exceeds any of the following limits
unless that person has obtained an Order of Approval from the
Agency in accordance with Article 6 of this regulation
((Section 6.07 of this Regulation)):
| Ash . . . . . . . . . . . . | 0.1% (maximum) |
| Sulfur . . . . . . . . . . . . | 1.0% (maximum for used oil) |
| Sulfur . . . . . . . . . . . . | 2.00% (maximum for fuel oil) |
| Lead . . . . . . . . . . . . | 100 ppm (maximum) |
| Arsenic . . . . . . . . . . . . | 5 ppm (maximum) |
| Cadmium . . . . . . . . . . . . | 2 ppm (maximum) |
| Chromium . . . . . . . . . . . . | 10 ppm (maximum) |
| Total Halogens . . . . . . . . . . . . | 1,000 ppm (maximum) |
| Polychlorinated Biphenyls (PCBs) . . . . . . . . . . . . |
2 ppm (maximum) |
| Flash Point . . . . . . . . . . . . | 100°F (minimum) |
(c) The provisions of this section shall not apply to:
(1) Ocean-going vessels;
(2) Used oil burned in space heaters that have a maximum heat output of not greater than 0.5 million Btu per hour; and
(3) Persons in the business of collecting used oil from residences when under authorization by a city, county, or the utilities and transportation commission.
AMENDATORY SECTION
REGULATION I SECTION 12.03 CONTINUOUS EMISSION MONITORING
SYSTEMS
(a) Continuous Monitoring. It shall be unlawful for any person to cause or allow the operation of any equipment required to have a continuous emission monitoring system unless the emissions are continuously monitored in accordance with the requirements of this section.
(b) Data Recovery. The owner or operator shall recover valid hourly monitoring data for at least 95% of the hours that the equipment (required to be monitored) is operated during each calendar month except for:
(1) Periods of monitoring system downtime, provided that the owner or operator demonstrates to the Control Officer that the downtime was not a result of inadequate design, operation, or maintenance, or any other reasonably preventable condition, and any necessary repairs to the monitoring system are conducted in a timely manner; and
(2) Periods authorized under Section 3.03 or Article 6 of
this regulation ((Section 6.07)).
(c) Quality Assurance. The owner or operator shall install a continuous emission monitoring system that meets the performance specification in 40 CFR Part 60, Appendix B in effect at the time of its installation, and shall operate this monitoring system in accordance with the quality assurance procedures in Appendix F of 40 CFR Part 60 in effect July 1, 1997, and the U.S. Environmental Protection Agency's "Recommended Quality Assurance Procedures for Opacity Continuous Monitoring Systems" (EPA 340/1-86-010).
(d) Data Recording. Monitoring data commencing on the clock hour and containing at least 45 minutes of monitoring data shall be reduced to 1-hour averages. Monitoring data for opacity shall also be reduced to 6-minute averages. All monitoring data shall be included in these averages except for data collected during calibration drift tests and cylinder gas audits, and for data collected subsequent to a failed quality assurance test or audit.
(e) Data Retention: The owner or operator shall retain all monitoring data averages for at least 2 years, including copies of all reports submitted to the Agency and records of all repairs, adjustments, and maintenance performed on the monitoring system. All such data collected after October 1, 1998 shall be retained for at least 5 years.
(f) Data Reporting. The owner or operator shall submit a monthly report to the Agency within 30 days after the end of the month in which the data were recorded. This report shall include:
(1) The date, time period, magnitude (in the units of the standard) and cause of each emission that exceeded an applicable emission standard;
(2) The date and time of all actions taken to correct the problem, including any actions taken to minimize the emissions during the exceedance and any actions taken to prevent its recurrence;
(3) The number of hours that the equipment (required to be monitored) operated each month and the number of valid hours of monitoring data that the monitoring system recovered each month;
(4) The date, time period, and cause of each failure to meet the data recovery requirements of Section 12.03(b) and any actions taken to ensure adequate collection of such data;
(5) The date, time period, and cause of each failure to recover valid hourly monitoring data for at least 90% of the hours that the equipment (required to be monitored) was operated each day;
(6) The results of all cylinder gas audits conducted during the month; and
(7) A certification of truth, accuracy, and completeness signed by an authorized representative of the owner or operator.
(g) Relative Accuracy Tests. All relative accuracy tests shall be subject to the provisions of Section 3.07 of this regulation.
(h) Exemptions. The data recording and reporting requirements of Sections 12.03(d) and 12.03(f) shall not apply to continuous VOC monitoring systems required under Section 2.05 of Regulation II. Further, relative accuracy tests shall not be required of these monitoring systems and may be waived for any other monitoring system not otherwise subject to 40 CFR Part 60, Appendix F, provided that the owner or operator demonstrates to the Control Officer that the emissions are consistently below 10% of the applicable emission standard.
AMENDATORY SECTION
REGULATION III SECTION 2.07 EVALUATING THE IMPACTS OF TOXIC AIR CONTAMINANTS
(a) Applicability. This section describes the procedures
that shall be used for quantifying emissions and analyzing
impacts of toxic air contaminants in order to meet the
requirements for new or modified toxic air contaminant sources
(see Article 6 ((Section 6.07(e))) of Regulation I) and for
existing toxic air contaminant sources (see Section 2.05 of
this r((R))egulation).
(b) Quantifying Emissions of Toxic Air Contaminants.
(1) The owner or operator of a new or modified toxic air
contaminant source subject to Article 6 ((Section 6.07(e))) of
Regulation I shall quantify toxic air contaminant emissions
that may be discharged to the atmosphere after applying the
required control technology, and shall submit this information
as part of a Notice of Construction and Application for
Approval.
(2) The owner or operator of an existing toxic air
contaminant source subject to Section 2.05 of this
r((R))egulation shall, upon request by the Agency, quantify
toxic air contaminant emissions emitted by the facility and
submit that information within 30 days.
(3) The following assumptions shall be made when quantifying toxic air contaminant emissions:
(A) Each toxic air contaminant is introduced into the atmosphere in an unaltered form continuously, at the maximum concentration known to exist at the source unless there is reliable data to the contrary or there is a physical or legal restriction.
(B) Dioxin and furan emissions shall be combined as one toxic air contaminant, equivalent in potency to 2,3,7,8-Tetrachlorodi-benzo-p-dioxin.
(C) Benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoran-thene, chrysene, dibenz(a,h)anthracene, indeno(1,2,3-cd)py-rene, and benzo(a)pyrene shall be combined as one toxic air contaminant, equivalent in potency to benzo(a)pyrene.
(c) Analyzing Impacts of Toxic Air Contaminants. The air quality impact analysis for toxic air contaminant sources shall be performed using one of the following procedures:
(1) The EPA guideline dispersion model, TSCREEN, shall be
used to demonstrate that the predicted concentration of each
contaminant is below the corresponding Acceptable Source
Impact Level listed in Appendix A of this r((R))egulation.
Stack parameters shall be submitted with the notice of
construction application, or, for existing sources, within 30
days after the Agency requests the information. The maximum
1-hour concentration calculated by the model shall be
converted with a persistence factor of 0.4 to a 24-hour
average concentration or 0.08 to an annual average
concentration;
(2) The owner or operator shall submit a more
comprehensive evaluation including the use of other EPA
guideline models and more accurate emission estimation
techniques to demonstrate that the predicted concentration of
each contaminant is below the corresponding Acceptable Source
Impact Level listed in Appendix A of this r((R))egulation in
all areas where the general public has access; or
(3) If predicted ambient concentrations are not below the
Acceptable Source Impact Levels listed in Appendix A of this
r((R))egulation, the owner or operator shall submit a risk
analysis following the procedures in WAC 173-460-090(4), which
demonstrates that emissions from the source will not cause air
pollution. New or modified sources shall also comply with
supplemental requirements of the Department of Ecology as
specified in WAC 173-460-090 and 173-460-100.