WSR 04-05-058

EXPEDITED RULES

ENERGY FACILITY SITE

EVALUATION COUNCIL

[ Filed February 17, 2004, 10:16 a.m. ]

Title of Rule: Chapter 463-39 WAC, General and operating permit regulations for air pollution sources.

Purpose: Update the Energy Facility Site Evaluation Council's (EFSEC's) air rules for energy facilities (chapter 463-39 WAC) to be consistent with ecology's requirements for new source review (NSR), prevention of significant deterioration (PSD), air operating permit (AOP), and acid rain permit programs for air emissions. Update EFSEC's adoption of federal news source performance standards (NSPS). Clarify agency procedures for permit application form, source registration and penalties for consistency with ecology regulations and state laws.

Statutory Authority for Adoption: RCW 80.50.040 (1) and (12).

Statute Being Implemented: Chapter 80.50 RCW.

Summary: The main focus is to update adoption by reference, or adopt new sections of chapters 173-400, 173-401, 173-406 and 173-460 WAC promulgated by the Department of Ecology to comply with the state and federal clean air acts and the requirements of the state implementation plan (SIP). Changes to the language regarding the application form, source registration and penalties for permits issued under chapter 463-39 WAC are required for clarity.

Reasons Supporting Proposal: Consistency with federal requirements is necessary for EFSEC to retain and exercise its delegated authority from the United States Environmental Protection Agency to implement federal Clean Air Act programs and regulations for facilities under EFSEC jurisdiction. Updating the rules will also make the control of air emissions consistent with current state requirements.

Name of Agency Personnel Responsible for Drafting: Irina Makarow, Siting Manager, Olympia, (360) 956-2047; Implementation: Allen Fiksdal, EFSEC Manager, Olympia, (360) 956-2152; and Enforcement: Mike Mills, Compliance Manager, Olympia, (360) 956-2151.

Name of Proponent: Energy Facility Site Evaluation Council, governmental.

Rule is necessary because of federal law, Federal Clean Air Act.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 463-39 WAC, General and operating permit regulations for air pollution sources, implements the standards and procedural requirements for review and issuance of air emission permits for facilities under EFSEC jurisdiction. Because EFSEC is delegated by the United States Environmental Protection Agency to issue certain federal permits, and because EFSEC is authorized by state statute to issue state permits for air pollution sources regulated under chapter 80.50 RCW. Chapter 463-39 WAC adopts by reference, and implements both state and federal laws and rules regarding air emissions control.

Since the last amendments to chapter 463-39 WAC, both state and federal rules for air pollution sources have been updated and/or revised. WAC 463-39-005, which adopts state regulations for air pollution sources, was last amended in 1995; WAC 463-39-115, which adopts federal new source performance standards, was last amended in 1994. Both federal laws, and regulations, and consequently state regulations, have been modified since that time. Applicable sections of chapters 173-400, 173-401, 173-406 and 173-460 WAC are adopted by reference in EFSEC WAC 463-39-005, and have all been amended by ecology since 1995. The purpose of the amendments to chapter 463-39 WAC is to maintain a permit program for air pollution sources that is consistent with the current state and federal requirements.

Other changes proposed in this expedited rule making are required to clarify existing language.

Proposal Changes the Following Existing Rules: WAC 463-39-005, update adoption by reference of applicable sections of ecology chapters 173-400, 173-401, 173-406 and 173-460 WAC, as in effect on July 1, 2003; WAC 463-39-030, add the definition of "permitting agency" for consistency with ecology chapter 173-400 WAC in effect on July 1, 2003; WAC 463-39-090, clarify that standard ecology forms may be used for applications for air operating permits; WAC 463-39-100, clarify that sources subject to chapter 173-401 WAC (operating permit regulation) are not required to comply with the registration requirements of WAC 463-39-100; WAC 463-39-115, update adoption by reference of federal new source performance standards, as in effect on July 1, 2003; and WAC 463-39-135, clarify that persons in violation of chapter 463-39 WAC are subject to the provisions of both chapter 80.50 RCW and the state Clean Air Act, RCW 70.94.422.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Allen Fiksdal, EFSEC Manager, Energy Facility Site Evaluation Council, 925 Plum Street S.E., Building 4, P.O. Box 43172, Olympia, WA 98504-3172 , AND RECEIVED BY April 20, 2004.


February 17, 2004

Allen J. Fiksdal

EFSEC Manager

OTS-6733.2


AMENDATORY SECTION(Amending WSR 95-17-088, filed 8/21/95, effective 9/21/95)

WAC 463-39-005   Adoption by reference.   (1) The energy facility site evaluation council adopts the following ((sections or subsections)) provisions of chapter 173-400 WAC, in effect on July 1, 2003, by reference.


WAC 173-400-030: Definitions.
WAC 173-400-035: Portable and temporary sources.
WAC 173-400-040: General standards for maximum emissions.
WAC 173-400-050: Emission standards for combustion and incineration units.
WAC 173-400-060: Emission standards for general process units.
WAC 173-400-075: Emission standards for sources emitting hazardous air pollutants.
WAC 173-400-081: Startup and shutdown.
WAC 173-400-091: Voluntary limits on emissions.
WAC 173-400-105: Records, monitoring, and reporting.
WAC 173-400-107: Excess emissions.
WAC 173-400-110: New source review (NSR).
WAC 173-400-112: Requirements for new sources in nonattainment areas.
WAC 173-400-113: Requirements for new sources in attainment or unclassifiable areas.
WAC 173-400-114: Requirements for replacement or substantial alteration of emission control technology at an existing stationary source.
WAC 173-400-117: Special protection requirements for federal Class I areas.
WAC 173-400-120: Bubble rules.
WAC 173-400-131: Issuance of emission reduction credits.
WAC 173-400-136: Use of emission reduction credits.
WAC 173-400-141: Prevention of significant deterioration (PSD).
WAC 173-400-151: Retrofit requirements for visibility protection.
WAC 173-400-161: Compliance schedules.
WAC 173-400-171: Public involvement.
WAC 173-400-180: Variance.
WAC 173-400-190: Requirements for nonattainment areas.
WAC 173-400-200: Creditable stack height and dispersion techniques.
WAC 173-400-205: Adjustment for atmospheric conditions.
(2) The energy facility site evaluation council adopts the following ((sections or subsections)) provisions of chapter 173-401 WAC, in effect on July 1, 2003, by reference.


WAC 173-401-100: Program overview.
WAC 173-401-200: Definitions.
WAC 173-401-300: Applicability.
WAC 173-401-500: Permit applications.
WAC 173-401-510: Permit application form.
WAC 173-401-520: Certification.
WAC 173-401-530: Insignificant emission units.
WAC 173-401-531: Thresholds for hazardous air pollutants.
WAC 173-401-532: Categorically exempt insignificant emission units.
WAC 173-401-533: Units and activities defined as insignificant on the basis of size or production rate.
WAC 173-401-600: Permit content.
WAC 173-401-605: Emission standards and limitations.
WAC 173-401-610: Permit duration.
WAC 173-401-615: Monitoring and related recordkeeping and reporting requirements.
WAC 173-401-620: Standard terms and conditions. Except (2)(i).
WAC 173-401-625: Federally enforceable requirements.
WAC 173-401-630: Compliance requirements.
WAC 173-401-635: Temporary sources.
WAC 173-401-640: Permit shield.
WAC 173-401-645: Emergency provision.
WAC 173-401-650: Operational flexibility.
WAC 173-401-700: Action on application.
WAC 173-401-705: Requirement for a permit.
WAC 173-401-710: Permit renewal, revocation and expiration.
WAC 173-401-720: Administrative permit amendments.
WAC 173-401-722: Changes not requiring permit revisions.
WAC 173-401-725: Permit modifications.
WAC 173-401-730: Reopening for cause.
WAC 173-401-750: General permits.
WAC 173-401-800: Public involvement.
WAC 173-401-810: EPA Review.
WAC 173-401-820: Review by affected states.
(3) The energy facility site evaluation council adopts the following ((sections or subsections)) provisions of chapter 173-406 WAC, in effect on July 1, 2003, by reference.


Part I - GENERAL PROVISIONS
WAC 173-406-100: Acid rain program general provisions.
WAC 173-406-101: Definitions.
WAC 173-406-102: Measurements, abbreviations, and acronyms.
WAC 173-406-103: Applicability.
WAC 173-406-104: New units exemption.
WAC 173-406-105: Retired units exemption.
WAC 173-406-106: Standard requirements.
Part II - DESIGNATED REPRESENTATIVE
WAC 173-406-200: Designated representative.
WAC 173-406-201: Submissions.
WAC 173-406-202: Objections.
Part III - APPLICATIONS
WAC 173-406-300: Acid rain permit applications.
WAC 173-406-301: Requirement to apply.
WAC 173-406-302: Information requirements for acid rain permit applications.
WAC 173-406-303: Permit application shield and binding effect of permit application.
Part IV - COMPLIANCE PLAN
WAC 173-406-400: Acid rain compliance plan and compliance options.
WAC 173-406-401: General.
WAC 173-406-402: Repowering extensions.
Part V - PERMIT CONTENTS
WAC 173-406-500: Acid rain permit.
WAC 173-406-501: Contents.
WAC 173-406-502: Permit shield.
Part VI - PERMIT ISSUANCE
WAC 173-406-600: Acid rain permit issuance procedures.
WAC 173-406-601: General.
WAC 173-406-602: Completeness.
WAC 173-406-603: Statement of basis.
WAC 173-406-604: Issuance of acid rain permits.
WAC 173-406-605: Acid rain permit appeal procedures.
Part VII - PERMIT REVISIONS
WAC 173-406-700: Permit revisions.
WAC 173-406-701: General.
WAC 173-406-702: Permit modifications.
WAC 173-406-703: Fast-track modifications.
WAC 173-406-704: Administrative permit amendment.
WAC 173-406-705: Automatic permit amendment.
WAC 173-406-706: Permit reopenings.
Part VIII - COMPLIANCE CERTIFICATION
WAC 173-406-800: Compliance certification.
WAC 173-406-801: Annual compliance certification report.
WAC 173-406-802: Units with repowering extension plans.
Part IX - NITROGEN OXIDES
WAC 173-406-900: Nitrogen oxides emission reduction program.
Part X - SULFUR DIOXIDE OPT-IN
WAC 173-406-950: Sulfur dioxide opt-ins.
(4) The energy facility site evaluation council adopts the following ((sections or subsections)) provisions of chapter 173-460 WAC, in effect on July 1, 2003, by reference.


WAC 173-460-010: Purpose.
WAC 173-460-020: Definitions.
WAC 173-460-030: Requirements, applicability and exemptions.
WAC 173-460-040: New source review.
WAC 173-460-050: Requirement to quantify emissions.
WAC 173-460-060: Control technology requirements.
WAC 173-460-070: Ambient impact requirement.
WAC 173-460-080: Demonstrating ambient impact compliance.
WAC 173-460-090: Second tier analysis.
WAC 173-460-100: Request for risk management decision.
WAC 173-460-110: Acceptable source impact levels.
WAC 173-460-120: Scientific review and amendment of acceptable source impact levels and lists.
WAC 173-460-130: Fees.
WAC 173-460-140: Remedies.
WAC 173-460-150: Class A toxic air pollutants: Known, probable and potential human carcinogens and acceptable source impact levels.
WAC 173-460-160: Class B toxic air pollutants and acceptable source impact levels.

[Statutory Authority: RCW 80.50.040(1). 95-17-088, 463-39-005, filed 8/21/95, effective 9/21/95; 94-16-031, 463-39-005, filed 7/26/94, effective 8/26/94. Statutory Authority: RCW 80.50.040(1) and chapter 70.94 RCW. 93-23-035, 463-39-005, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 80.50.040(1). 92-09-013, 463-39-005, filed 4/2/92, effective 5/3/92.]


AMENDATORY SECTION(Amending WSR 95-17-088, filed 8/21/95, effective 9/21/95)

WAC 463-39-030   Additional definitions.   (1) "Council" means the energy facility site evaluation council.

(2) In addition to the definitions contained in WAC 173-400-030, 173-401-200, 173-406-101, "ecology," ((and)) "authority" and "permitting agency" shall be synonymous with the energy facility site evaluation council unless a different meaning is plainly required by context.

[Statutory Authority: RCW 80.50.040(1). 95-17-088, 463-39-030, filed 8/21/95, effective 9/21/95. Statutory Authority: RCW 80.50.040(1) and chapter 70.94 RCW. 93-23-035, 463-39-030, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 80.50.040(1). 92-09-013, 463-39-030, filed 4/2/92, effective 5/3/92; 79-09-006 (Order 79-1), 463-39-030, filed 8/6/79.]


AMENDATORY SECTION(Amending WSR 95-17-088, filed 8/21/95, effective 9/21/95)

WAC 463-39-090   Permit application form.   (1) Applications for air operating permits ((shall)) may be on the standard form(s) developed by the department of ecology and shall contain the information required pursuant to WAC 173-401-510(2).

(2) Applications for permits under chapter 173-406 WAC shall be on form(s) developed by the department of ecology.

[Statutory Authority: RCW 80.50.040(1). 95-17-088, 463-39-090, filed 8/21/95, effective 9/21/95; 94-16-031, 463-39-090, filed 7/26/94, effective 8/26/94.]


AMENDATORY SECTION(Amending WSR 93-23-035, filed 11/10/93, effective 12/11/93)

WAC 463-39-100   Registration.   (1) The owner or operator of each stationary source subject to chapter 80.50 RCW shall register the source with the council. Stationary sources subject to chapter 173-401 WAC are not required to comply with these registration requirements.

Registration shall be on forms which have been adopted for use by the department of ecology within the time specified thereon.

A report of closure shall be filed with the council within ninety days after operations producing emissions permanently ceased at any source within the council's jurisdiction.

(2) The council shall ensure that the following, as it pertains to sources covered under this rule, is passed on to ecology in a timely manner for inclusion in its permit register:

(a) Public meetings or hearings on draft operating permits;

(b) Receipt of complete applications;

(c) Permit appeals;

(d) Issuance or denial of final permit, permit modifications, or renewals;

(e) Authorization for a source to operate without an operating permit by limiting its potential to emit to levels below those that would require the source to obtain an operating permit;

(f) Periodic summaries of enforcement order and changes made without revising the permit pursuant to WAC 173-401-722.

[Statutory Authority: RCW 80.50.040(1) and chapter 70.94 RCW. 93-23-035, 463-39-100, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW 80.50.040(1). 79-09-006 (Order 79-1), 463-39-100, filed 8/6/79.]


AMENDATORY SECTION(Amending WSR 94-16-031, filed 7/26/94, effective 8/26/94)

WAC 463-39-115   Standards of performance for new stationary sources.   ((Subparts A, D, Da, GG, J, K, Kb, Y, KKK, LLL, QQQ of)) (1) Title 40, Code of Federal Regulations, Part 60 (standards of performance for new stationary sources), ((are)) in effect on July 1, 2003, as applicable to new stationary sources subject to chapter 80.50 RCW is by this reference adopted and incorporated herein with the exceptions ((of sections 60.5 (determination of construction or modification) and 60.6 (review of plans))) listed in subsection (2) of this section. For the purpose of state administration of the federal regulations adopted by reference hereby, the term "administrator" as used therein shall refer to the council. The following list is provided for informational purposes only:


Subpart A General Provisions, except 40 CFR 60.5 and 60.6
Subpart D Fossil fuel fired steam generators for which construction commenced after August 17, 1971, and prior to September 19, 1978, which have a heat input greater than 73 megawatts but not greater than 350 megawatts
Subpart Da Electric utility steam-generating units for which construction commenced after September 18, 1978, which have a heat input greater than 73 megawatts but not greater than 350 megawatts
Subpart J Petroleum refineries which produce less than 25,000 barrels per day of refined products
Subpart K Storage vessels for petroleum liquid constructed after June 11, 1973, and prior to May 19, 1978, which have a capacity greater than 40,000 gallons
Subpart Ka Storage vessels for petroleum liquids constructed after May 18, 1978, which have a capacity greater than 40,000 gallons
Subpart Kb Volatile organic liquid storage vessels (including petroleum liquid storage vessels) constructed, reconstructed, or modified after July 23, 1984
Subpart Y Standards for Performance for Coal Preparation Plants
Subpart GG Stationary gas turbines
Subpart XX Bulk gasoline terminals
Subpart GGG Petroleum refineries - compressors and fugitive emission sources
Subpart KKK Equipment leaks of VOC from onshore natural gas processing plants
Subpart LLL Onshore natural gas processing; SO2 emissions
Subpart NNN VOC emissions from SOCMI distillation operations
Subpart QQQ VOC emissions from petroleum refinery wastewater emissions
Appendix A Test Methods
Appendix B Performance Specifications
Appendix C Determination of Emission Rate Change
Appendix D Required Emission Inventory Information
Appendix F Quality Assurance Procedures

(2) Exceptions to adopting 40 CFR Part 60 by reference.

Sections 60.5 and 60.6 ((of Title 40, Code of Federal Regulations,)) are not incorporated herein because they provide for preconstruction review of new stationary sources only on request. By virtue of WAC 173-400-110, such review under the state program is mandatory and an order of approval is required before the construction, installation or establishment of a new stationary source may commence.

[Statutory Authority: RCW 80.50.040(1). 94-16-031, 463-39-115, filed 7/26/94, effective 8/26/94; 92-09-013, 463-39-115, filed 4/2/92, effective 5/3/92; 82-14-051 (Order 82-3), 463-39-115, filed 6/30/82; 79-09-006 (Order 79-1), 463-39-115, filed 8/6/79.]


AMENDATORY SECTION(Amending Order 79-1, filed 8/6/79)

WAC 463-39-135   Criminal penalties.   Persons in violation of this chapter may be subject to the provisions of chapter 80.50 RCW and RCW 70.94.422.

[Statutory Authority: RCW 80.50.040(1). 79-09-006 (Order 79-1), 463-39-135, filed 8/6/79.]

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