Original Notice.

     Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

     Title of Rule: Amend Sections 1.07, 3.04, 6.03, 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 6.06, 6.07, 6.08 (Regulation I).

     Purpose: The purpose of this proposal is to create a more consistent Notice of Construction process throughout the state of Washington and to facilitate the United States Environmental Protection Agency's approval of the state implementation plan.

     Other Identifying Information: 1.07 Definitions; 3.04 RACT; 6.03 Notice of Construction; 6.09 Notice of Completion; 9.03 Emission of Air Contaminant: Visual Standard; 9.04 Opacity Standards for Equipment w/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; 6.06 Public Notice; 6.07 Order of Approval -- Order to Prevent Construction; 6.08 Emission Reduction Credit Banking.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

     Statute Being Implemented: RCW 70.94.141.

     Summary: The agency is proposing to repeal its Notice of Construction program and to adopt by reference components of the Department of Ecology's program from chapters 173-400 and 173-460 WAC. Defined terms would be made consistent with those in the WAC. Cross references to the repealed sections would be amended. These proposed changes should be imperceptible to applicants.

     Reasons Supporting Proposal: The federal preconstruction review requirements from 40 C.F.R. 51.160 through 51.164 and the state Notice of Construction requirements from RCW 70.94.152 through 70.94.153 are complex and difficult to rewrite without altering their meaning or deviating from the underlying statutory authority. The Washington Department of Ecology must submit a state implementation plan revision containing new source review programs for the entire state to the United States Environmental Protection Agency for their approval. Adoption by reference of ecology's rules will facilitate this process.

     A consistent statewide review program is also considered beneficial to the business community.

     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 these amendments.

     Rule is necessary because of federal law, FCAA Sec. 110.(a)(2)(C), 40 C.F.R. 51.160 through 51.164.

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

     Proposal Changes the Following Existing Rules: See Summary above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. 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 March 25, 2004, at 9:15 a.m.

     Assistance for Persons with Disabilities: Contact

Agency Receptionist, (206) 689-4010, by March 18, 2004, 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 March 25, 2004.

     Date of Intended Adoption: March 25, 2004.

February 2, 2004

Gerry Pade

Engineer

REGULATION 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 EMISSIONS 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:

	((Air Contaminant	Tons/Year
	Carbon Monoxide	100.0
	Volatile Organic Compounds	40.0
	Nitrogen Oxides	40.0
	PM10	15.0
	Sulfur Dioxide	40.0
	Lead	0.6))

     In determining whether the thresholds defining a major modification have been exceeded, the emissions permitted under Orders of Approval issued to the facility since the designation of nonattainment that were not major modifications, and all fugitive emission increases that can be reasonably quantified shall be included. Any emission reduction credits banked by the facility since the designation of nonattainment may be subtracted from this amount provided that any credits so applied are then considered to have been used. For modifications of an individual piece of equipment, the baseline shall be the source's actual emissions or allowable emissions, whichever is smaller. (Note: volatile organic compounds and nitrogen oxides are the air contaminants for which an area is designated nonattainment for ozone.)

     (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.

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)

(3) and (6)-(10)

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)

(3)-(10)

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.

AMENDATORY SECTION

REGULATION I SECTION 6.03 NOTICE OF CONSTRUCTION

     (a) It shall be unlawful for any person to cause or allow the establishment of a new source, or the replacement or substantial alteration of control equipment installed on an existing source, unless a "Notice of Construction application" has been filed and an "Order of Approval" has been issued ((under Section 6.07 of this regulation)) by the Agency. The exemptions in Sections 6.03 (b) and (c) of this regulation 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 Subpart AAA (New Residential Wood Heaters), Subpart BB (Kraft Pulp Mills), and Subpart S (Primary Aluminum Reduction Plants); and for relocation of affected facilities under Subpart I (Hot Mix Asphalt Facilities) and Subpart OOO (Nonmetallic Mineral Processing Plants) for which an Order of Approval has been previously issued by the Agency;

     (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 Subpart B (Radon from Underground Uranium Mines), Subpart H (Emissions of Radionuclides other than Radon from Department of Energy Facilities), Subpart I (Radionuclides from Federal Facilities other than Nuclear Regulatory Commission Licensees and not covered by Subpart H), Subpart K (Radionuclides from Elemental Phosphorus Plants), Subpart Q (Radon from Department of Energy Facilities), Subpart R (Radon from Phosphogypsum Stacks), Subpart T (Radon from Disposal of Uranium Mill Tailings), Subpart W (Radon from Operating Mill Tailings), and for demolition and renovation projects subject to Subpart M (Asbestos);

     (3) Any project that qualifies as a new source as defined under 40 CFR 63.2 (National Emission Standards for Hazardous Air Pollutants for Source Categories), except for the provisions of Subpart M (((National Perchloroethylene Air Emission Standards for)) Dry Cleaning Facilities) pertaining to area source perchloroethylene dry cleaners, ((and)) Subpart LL (Primary Aluminum Reduction Plants), and the provisions of Subpart S (Pulp and Paper Industry) and Subpart MM (Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills) pertaining to kraft and sulfite pulp mills;

     (4) Any new major stationary source or major modification as defined under WAC 173-400-030((, even if a combination of exempt equipment));

     (5) Any new major source of hazardous air pollutants;

     (6) Any major modification, including those subject to the Prevention of Significant Deterioration requirements under WAC 173-400-113;

     (7) Any Phase II acid rain facility;)) and

     (5) (((8))) Any stationary source previously exempted from review that is cited by the Agency for causing air pollution under Section 9.11 of this regulation.

     (b) Notifications. A Notice of Construction application and Order of Approval are not required for the following new sources, provided that a complete notification is filed with the Agency prior to initial startup:

Liquid Storage and Transfer

     (1) Storage tanks used exclusively for:

     (A) Gasoline and having a rated capacity of 1,001-19,999 gallons, PROVIDED THAT they are installed in accordance with the current California Air Resources Board Executive Orders;

     (B) Organic liquids with a true vapor pressure of 2.2-4.0 psia and having a rated capacity of 20,000-39,999 gallons; or

     (C) Organic liquids with a true vapor pressure of 0.5-0.75 psia and having a rated capacity >40,000 gallons.

     (2) Loading and unloading equipment used exclusively for the storage tanks exempted above, including gasoline dispensers at gasoline stations.

Relocation of Portable Batch Plants

     (3) Relocation of the following portable facilities: asphalt batch plants, nonmetallic mineral processing plants, rock (or concrete) crushers, and concrete batch plants for which an Order of Approval has been previously issued by the Agency. All the conditions in the previously issued Order of Approval remain in effect.

Dry Cleaning

     (4) Unvented, dry-to-dry, dry-cleaning equipment that is equipped with refrigerated condensers to recover the cleaning solvent.

Printing

     (5) Non-heatset, web offset presses and wholesale, sheet-fed offset presses (lithographic or letterpress) using exclusively soy-based or kerosene-like oil-based inks, fountain solutions with <6% VOC by volume or <8.5% if refrigerated to <60°F, and cleaning solvents with a vapor pressure <25mm Hg or a VOC content <30% by volume.

Water Treatment

     (6) Industrial and commercial wastewater evaporators (except flame impingement) used exclusively for wastewater generated on-site that meets all discharge limits for disposal into the local municipal sewer system (including metals, cyanide, fats/oils/grease, pH, flammable or explosive materials, organic compounds, hydrogen sulfide, solids, and food waste). A letter from the local sewer district documenting compliance is required in order to use this exemption.

Sanding Equipment

     (7) Sanding equipment controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for ((mechanical)) reverse-air or manual cleaning) or <12:1 (for pulse-jet cleaning).

Ventilation and Control Equipment

     (8) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for mechanical or manual cleaning) or <12:1 (for pulse-jet cleaning).

     (9) Replacement of existing paint spray booths. All the conditions in the previously issued Order of Approval remain in effect.

Miscellaneous

     (10) Any source not otherwise exempt under Section 6.03(c) of this regulation that has been determined through review of a Notice of Construction application by the Control Officer not to warrant an Order of Approval because it has a de minimis impact on air quality and does not pose a threat to human health or the environment.

     (c) Exemptions. A Notice of Construction application and Order of Approval are not required for the following new sources, provided that sufficient records are kept to document the exemption:

Combustion

     (1) Fuel-burning equipment (except when combusting pollutants generated by a non-exempt source) having a rated capacity:

     (A) <10 million Btu per hour heat input burning exclusively distillate fuel oil, natural gas, propane, butane (or any combination thereof);

     (B) <0.5 million Btu per hour heat output burning waste-derived fuel (including fuel oil not meeting the specifications in Section 9.08 of this regulation); or

     (C) <1 million Btu per hour heat input burning any other fuel.

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

     (3) Stationary internal combustion engines having a rated capacity:

     (A) <50 horsepower output;

     (B) Used solely for instructional purposes at research, teaching, or educational facilities; or

     (C) Portable or standby units operated <500 hours per year, PROVIDED THAT they are not operated at a facility with a power supply contract that offers a lower rate in exchange for the power supplier's ability to curtail energy consumption with prior notice.

     (4) Relocation of portable, stationary internal combustion engines or gas turbines for which an Order of Approval has been previously issued by the Agency.

     (5) All nonroad compression ignition engines subject to 40 CFR Part 89.

Metallurgy

     (6) Crucible furnaces, pot furnaces, or induction furnaces with a capacity <1,000 pounds, PROVIDED THAT no sweating or distilling is conducted, and PROVIDED THAT only precious metals, or an alloy containing >50% aluminum, magnesium, tin, zinc, or copper is melted.

     (7) Crucible furnaces or pot furnaces with a capacity <450 cubic inches of any molten metal.

     (8) Ladles used in pouring molten metals.

     (9) Foundry sand-mold forming equipment.

     (10) Shell core and shell-mold manufacturing machines.

     (11) Molds used for the casting of metals.

     (12) Die casting machines with a rated capacity <1,000 pounds that are not used for copper alloys.

     (13) Equipment used for heating metals immediately prior to forging, pressing, rolling, or drawing, if any combustion equipment is also exempt.

     (14) Forming equipment used exclusively for forging, rolling, or drawing of metals, if any combustion equipment is also exempt.

     (15) Heat treatment equipment used exclusively for metals, if any combustion equipment is also exempt.

     (16) Equipment used exclusively for case hardening, carburizing, cyaniding, nitriding, carbonitriding, siliconizing, or diffusion treating of metals, if any combustion equipment is also exempt.

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

     (18) Sintering equipment used exclusively for metals other than lead, PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.

     (19) Welding equipment and oxygen/gaseous fuel cutting equipment.

     (20) Soldering or brazing, or equipment, including brazing ovens.

     (21) Equipment used exclusively for surface preparation, passivation, deoxidation, and/or stripping that uses materials containing <50 grams of VOC per liter, or containing exclusively formic acid, acetic acid, phosphoric acid, sulfuric acid, <12% hydrochloric acid, alkaline oxidizing agents, hydrogen peroxide, salt solutions, sodium hydroxide, and/or water and associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment. (This exemption does not include anodizing, hard anodizing, chemical milling, circuit board etching using ammonia-based etchant, electrocleaning, or the stripping of chromium, except sulfuric acid and/or boric acid anodizing with a total bath concentration of <20% by weight and using <10,000 amp-hours per day, or phosphoric acid anodizing with a bath concentration of <15% by weight of phosphoric acid and using <20,000 amp-hours per day.)

     (22) Equipment used exclusively for electrolytic plating (except the use of chromic and/or hydrochloric acid) or electrolytic stripping (except the use of chromic, hydrochloric, nitric, or sulfuric acid) of brass, bronze, copper, iron, tin, zinc, precious metals, and associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment.

Ceramics and Glass

     (23) Kilns used for firing ceramic-ware or artwork, if any combustion equipment is also exempt.

     (24) Porcelain enameling furnaces, porcelain enameling drying ovens, vitreous enameling furnaces, or vitreous enameling drying ovens, if any combustion equipment is also exempt.

     (25) Hand glass melting furnaces, electric furnaces, and pot furnaces with a capacity <1,000 pounds of glass.

     (26) Heat-treatment equipment used exclusively for glass, if any combustion equipment is also exempt.

     (27) Sintering equipment used exclusively for glass PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.

Plastics and Rubber and Composites

     (28) Equipment used exclusively for conveying and storing plastic pellets.

     (29) Extrusion equipment used exclusively for extruding rubber or plastics where no organic plasticizer is present, or for pelletizing polystyrene foam scrap.

     (30) Equipment used for extrusion, compression molding, and injection molding of plastics, PROVIDED THAT the VOC content of all mold release products or lubricants is <1% by weight.

     (31) Injection or blow-molding equipment for rubber or plastics, PROVIDED THAT no blowing agent other than compressed air, water, or carbon dioxide is used.

     (32) Presses or molds used for curing, post-curing, or forming composite products and plastic products, PROVIDED THAT the blowing agent contains no VOC or chlorinated compounds.

     (33) Presses or molds used for curing or forming rubber products and composite rubber products with a ram diameter <26 inches, PROVIDED THAT it is operated at <400°F.

     (34) Ovens used exclusively for the curing or forming of plastics or composite products, where no foam-forming or expanding process is involved, if any combustion equipment is also exempt.

     (35) Ovens used exclusively for the curing of vinyl plastisols by the closed-mold curing process, if any combustion equipment is also exempt.

     (36) Equipment used exclusively for softening or annealing plastics, if any combustion equipment is also exempt.

     (37) Hot wire cutting of expanded polystyrene foam and woven polyester film.

     (38) Mixers, roll mills, and calendars for rubber or plastics where no material in powder form is added and no organic solvents, diluents, or thinners are used.

Material Working and Handling

     (39) Equipment used for buffing (except tire buffers), polishing, carving, cutting, drilling, grinding, machining, planing, pressing, routing, sawing, stamping, or turning of wood, ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, fiberboard, masonry, glass silicon, semiconductor wafers, carbon, graphite, or composites.

     (40) Hand-held sanding equipment.

     (41) Sanding equipment controlled by a fabric filter with an airflow of <2,000 cfm.

     (42) Equipment used exclusively for shredding of wood (e.g., tub grinders, hammermills, hoggers), or for extruding, pressing, handling, or storage of wood chips, sawdust, or wood shavings.

     (43) Paper shredding and associated conveying systems and baling equipment.

     (44) Hammermills used exclusively to process aluminum and/or tin cans.

     (45) Tumblers used for the cleaning or deburring of metal products without abrasive blasting.

Abrasive Blasting

     (46) Portable abrasive blasting equipment used at a temporary location to clean bridges, water towers, buildings, or similar structures, PROVIDED THAT any blasting with sand (or silica) is performed with >66% by volume water.

     (47) Portable vacuum blasting equipment using steel shot and vented to a fabric filter.

     (48) Hydroblasting equipment using exclusively water as the abrasive.

     (49) Abrasive blasting cabinets vented to a fabric filter, PROVIDED THAT the total internal volume of the cabinet is <100 cubic feet.

     (50) Shot peening operations, PROVIDED THAT no surface material is removed.

Cleaning

     (51) Non-refillable, hand-held aerosol spray cans of solvent.

     (52) Steam-cleaning equipment.

     (53) Unheated liquid solvent tanks used for cleaning or drying parts:

     (A) With a solvent capacity <10 gallons and containing <5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof;

     (B) Using a solvent with a true vapor pressure <0.6 psi containing <5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof;

     (C) With a remote reservoir and using a solvent containing <5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof; or

     (D) With a solvent capacity <2 gallons ((and containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof)).

     (54) Hand-wipe cleaning.

Coating, Resin, and Adhesive Application

     (55) Powder-coating equipment.

     (56) Portable coating equipment and pavement stripers used exclusively for the field application of architectural coatings and industrial maintenance coatings to stationary structures and their appurtenances or to pavements and curbs.

     (57) High-volume low-pressure (HVLP) spray-coating equipment having a cup capacity <8 fluid ounces, PROVIDED THAT it is not used to coat >9 square feet per day and is not used to coat motor vehicles or aerospace components.

     (58) Airbrushes having a cup capacity <2 fluid ounces and an airflow of 0.5-2.0 cfm.

     (59) Hand-held aerosol spray cans having a capacity of <1 quart of coating.

     (60) Spray-coating equipment used exclusively for application of automotive undercoating materials with a flash point >100°F.

     (61) Ovens associated with an exempt coating operation, if any combustion equipment is also exempt.

     (62) Ovens associated with a coating operation that are used exclusively to accelerate evaporation, if any combustion equipment is also exempt. (Note: The coating operation is not necessarily exempt.)

     (63) Radiation-curing equipment using ultraviolet or electron beam energy to initiate a chemical reaction forming a polymer network in a coating.

     (64) Hand lay, brush, and roll-up resins equipment and operations.

     (65) Equipment used exclusively for melting or applying of waxes or natural and synthetic resins.

     (66) Hot-melt adhesive equipment.

     (67) Any adhesive application equipment that exclusively uses materials containing <1% VOC by weight and <0.1% HAP.

     (68) Equipment used exclusively for bonding of linings to brake shoes, where no organic solvents are used.

Printing

     (69) Retail, sheet-fed, non-heatset offset presses (lithographic or letter-press).

     (70) Presses using exclusively UV-curable inks.

     (71) Presses using exclusively plastisols.

     (72) Presses using exclusively water-based inks (<1.5 lb VOC per gallon, excluding water, or <10% VOC by volume) and cleaning solvents without VOC.

     (73) Presses used exclusively for making proofs.

     (74) Electrostatic, ink jet, laser jet, and thermal printing equipment.

     (75) Ovens used exclusively for exempt printing presses, if any combustion equipment is also exempt.

Photography

     (76) Photographic process equipment by which an image is reproduced upon material sensitized by radiant energy, excluding equipment using perchloroethylene.

Liquid Storage and Transfer

     (77) Storage tanks permanently attached to a motor vehicle.

     (78) Storage tanks used exclusively for:

     (A) Liquefied gases, including any tanks designed to operate in excess of 29.7 psia without emissions;

     (B) Asphalt at a facility other than an asphalt roofing plant, asphalt processing plant, or petroleum refinery;

     (C) Any liquids (other than asphalt) that also have a rated capacity <1,000 gallons;

     (D) Organic liquids (other than gasoline or asphalt) that also have a rated capacity <20,000 gallons;

     (E) Organic liquids (other than asphalt) with a true vapor pressure <2.2 psia (e.g., ASTM spec. fuel oils and lubricating oils) that also have a rated capacity <40,000 gallons;

     (F) Organic liquids (other than asphalt) with a true vapor pressure <0.5 psia that also have a rated capacity >40,000 gallons;

     (G) Sulfuric acid or phosphoric acid with an acid strength <99% by weight;

     (H) Nitric acid with an acid strength <70% by weight;

     (I) Hydrochloric acid or hydrofluoric acid tanks with an acid strength <30% by weight;

     (J) Aqueous solutions of sodium hydroxide, sodium hypochlorite, or salts, PROVIDED THAT the surface of the solution contains <1% VOC by weight;

     (K) Liquid soaps, liquid detergents, vegetable oils, fatty acids, fatty esters, fatty alcohols, waxes, and wax emulsions;

     (L) Tallow or edible animal fats intended for human consumption and of sufficient quality to be certifiable for United States markets;

     (M) Water emulsion intermediates and products, including latex, with a VOC content <5% by volume or a VOC composite partial pressure of <0.1 psi at 68°F; or

     (N) Wine, beer, or other alcoholic beverages.

     (79) Loading and unloading equipment used exclusively for the storage tanks exempted above.

     (80) Loading and unloading equipment used exclusively for transferring liquids or compressed gases into containers having a rated capacity <60 gallons, except equipment transferring >1,000 gallons per day of liquid with a true vapor pressure >0.5 psia.

     (81) Equipment used exclusively for the packaging of sodium hypochlorite-based household cleaning or pool products.

Mixing

     (82) Mixing equipment, PROVIDED THAT no material in powder form is added and the mixture contains <1% VOC by weight.

     (83) Equipment used exclusively for the mixing and blending of materials at ambient temperature to make water-based adhesives.

     (84) Equipment used exclusively for the manufacture of water emulsions of waxes, greases, or oils.

     (85) Equipment used exclusively for the mixing and packaging of lubricants or greases.

     (86) Equipment used exclusively for manufacturing soap or detergent bars, including mixing tanks, roll mills, plodders, cutters, wrappers, where no heating, drying, or chemical reactions occur.

     (87) Equipment used exclusively to mill or grind coatings and molding compounds in a paste form, PROVIDED THAT the solution contains <1% VOC by weight.

     (88) Batch mixers with a rated working capacity <55 gallons.

     (89) Batch mixers used exclusively for paints, varnishes, lacquers, enamels, shellacs, printing inks, or sealers, PROVIDED THAT the mixer is equipped with a lid that contacts >90% of the rim.

Water Treatment

     (90) Oil/water separators, except those at petroleum refineries.

     (91) Water cooling towers and water cooling ponds not used for evaporative cooling of process water, or not used for evaporative cooling of water from barometric jets or from barometric condensers, and in which no chromium compounds are contained.

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

     (93) Municipal sewer systems, including wastewater treatment plants and lagoons, PROVIDED THAT they do not use anaerobic digesters or chlorine sterilization. This exemption does not include sewage sludge incinerators.

     (94) Soil and groundwater remediation projects involving <15 pounds per year of benzene or vinyl chloride, <500 pounds per year of perchloroethylene, and <1,000 pounds per year of toxic air contaminants.

Landfills and Composting

     (95) Passive aeration of soil, PROVIDED THAT the soil is not being used as a cover material at a landfill.

     (96) Closed landfills that do not have an operating, active landfill gas collection system.

     (97) Non-commercial composting.

Agriculture, Food, and Drugs

     (98) Equipment used in agricultural operations, in the growing of crops, or the raising of fowl or animals.

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

     (100) Equipment used in retail establishments to dry, cook, fry, bake, or grill food for human consumption, including charbroilers, smokehouses, barbecue units, deep fat fryers, cocoa and nut roasters, but not including coffee roasters.

     (101) Cooking kettles (other than deep frying equipment) and confection cookers where all the product in the kettle is edible and intended for human consumption.

     (102) Bakery ovens with a total production of yeast leavened bread products <10,000 pounds per operating day, if any combustion equipment is also exempt.

     (103) Equipment used to dry, mill, grind, blend, or package <1,000 tons per year of dry food products such as seeds, grains, corn, meal, flour, sugar, and starch.

     (104) Equipment used to convey, transfer, clean, or separate <1,000 tons per year of dry food products or waste from food production operations.

     (105) Storage equipment or facilities containing dry food products that are not vented to the outside atmosphere, or that handle <1,000 tons per year.

     (106) Equipment used exclusively to grind, blend, package, or store tea, cocoa, spices, coffee, flavor, fragrance extraction, dried flowers, or spices, PROVIDED THAT no organic solvents are used in the process.

     (107) Equipment used to convey or process materials in bakeries or used to produce noodles, macaroni, pasta, food mixes, and drink mixes where products are edible and intended for human consumption, PROVIDED THAT no organic solvents are used in the process. This exemption does not include storage bins located outside buildings.

     (108) Brewing operations at facilities producing <3 million gallons per year of beer.

     (109) Fermentation tanks for wine (excluding tanks used for the commercial production of yeast for sale).

     (110) Equipment used exclusively for tableting, or coating vitamins, herbs, or dietary supplements, PROVIDED THAT no organic solvents are used in the process.

     (111) Equipment used exclusively for tableting or packaging pharmaceuticals and cosmetics, or coating pharmaceutical tablets, PROVIDED THAT no organic solvents are used.

Quarries, Nonmetallic Mineral Processing Plants, and Concrete and Asphalt Batch Plants

     (112) Portable sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers <150 tons per hour.

     (113) Fixed sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers <25 tons per hour.

     (114) Common clay plants and pumice plants with a cumulative rated capacity of all initial crushers of <10 tons per hour.

     (115) Mixers and other ancillary equipment at concrete batch plants (or aggregate product production facilities) with a rated capacity <15 cubic yards per hour.

     (116) Concrete mixers with a rated working capacity of <1 cubic yard.

     (117) Drilling or blasting (explosives detonation).

     (118) Asphaltic concrete crushing/recycling equipment with a throughput <5,000 tons per year.

Construction

     (119) Asphalt paving application.

     (120) Asphalt (hot-tar) roofing application.

     (121) Building construction or demolition, except that notification of demolitions is required under Section 4.03 of Regulation III.

Ventilation and Control Equipment

     (122) Comfort air-conditioning systems, or ventilating systems (forced or natural draft), PROVIDED THAT they are not designed or used to control air contaminants generated by, or released from, sources subject to Notice of Construction.

     (123) Refrigeration units, except those used as, or in conjunction with, air pollution control equipment.

     (124) Refrigerant recovery and/or recycling units, excluding refrigerant reclaiming facilities.

     (125) Emergency ventilation systems used exclusively to contain and control emissions resulting from the failure of a compressed gas storage system.

     (126) Emergency ventilation systems used exclusively to scrub ammonia from refrigeration systems during process upsets or equipment breakdowns.

     (127) Negative air machines equipped with HEPA filters used to control asbestos emissions from demolition/renovation activities.

     (128) Portable control equipment used exclusively for storage tank degassing.

     (129) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow <2,000 cfm.

     (130) Control equipment used exclusively for sources that are exempt from Notice of Construction under Section 6.03(c) of this regulation.

     (131) Routine maintenance, repair, or similar parts replacement of control equipment.

Testing and Research

     (132) Laboratory testing and quality assurance/control testing equipment used exclusively for chemical and physical analysis, teaching, or experimentation, including non-production bench scale research equipment.

Miscellaneous

     (133) Single-family and duplex dwellings.

     (134) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment, if any combustion equipment used to power such equipment is also exempt.

     (135) Equipment, including dryers, used exclusively for dyeing, stripping, or bleaching of textiles where no organic solvents, diluents, or thinners are used, if any combustion equipment used to power such equipment is also exempt.

     (136) Chemical vapor sterilization equipment where no ethylene oxide is used, and with a chamber volume of <2 cubic feet used by healthcare facilities.

     (137) Ozone generators that produce <1 pound per day of ozone.

     (138) Fire extinguishing equipment.

     (d) Each Notice of Construction application and Section 6.03(b) notification shall be submitted on forms provided by the Agency and shall be accompanied by the appropriate fee as required by Section 6.04 of this regulation. Notice of Construction applications shall also include any additional information required to demonstrate that the requirements of ((Section 6.07)) of this Article ((regulation)) are met. Notice of Construction applications shall also include an environmental checklist or other documents demonstrating compliance with the State Environmental Policy Act.

     (((e) Within 30 days of receipt of a Notice of Construction application, the Agency 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.))

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

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)

     (b) It shall be unlawful for any person to sell or make available for sale any oil in excess of the limits of this section to any person who has not obtained an Order of Approval from the Agency in accordance with Article 6 of this regulation ((Section 6.07 of this Regulation)). Any person who sells or makes available for sale such oil shall submit a report to the Agency within 15 days of the end of the month that includes the name and address of the recipient, the amount of oil delivered, and the concentration of contaminants therein.

     (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-t((T))etrachlorodibenzo-p-dioxin.

     (C) Benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, 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.

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