PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 05-08-141.
Title of Rule and Other Identifying Information: Changes to chapter 173-415 WAC, Primary aluminum plants and chapter 173-481 WAC, Ambient air quality and environmental standards for fluorides, are being proposed to update and streamline these rules that affect the aluminum industry.
Hearing Location(s): Ecology Headquarters Building, Room ROA-36, 300 Desmond Drive, Lacey, WA 98504, on July 26, 2005, at 1:30 p.m.
Date of Intended Adoption: August 23, 2005.
Submit Written Comments to: W. Thomas Todd, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail ttod461@ecy.wa.gov, fax (360) 407-7534, by 5:00 p.m., August 5, 2005.
Assistance for Persons with Disabilities: Contact Tami Dahlgren by July 18, 2005, TTY 1-800-833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ecology proposes to amend parts of chapter 173-415 WAC by changing sections that deal with applicability, emissions standards, monitoring and reporting (including reports of startup, shutdown, breakdown or upset conditions), and modifying some definitions. Some duplicative sections are proposed for elimination. In chapter 173-481 WAC, ecology is proposing amending sections that deal with applicability, definitions, forage and ambient standards, and compliance.
Reasons Supporting Proposal: Regulatory reform, ecology is proposing to streamline the rule language without weakening the underlying requirements.
Statutory Authority for Adoption: RCW 70.94.395 and 70.94.331.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington Department of Ecology, governmental.
Name of Agency Personnel Responsible for Drafting: W. Thomas Todd, Olympia, (360) 407-7528; Implementation and Enforcement: Carol Kraege, Olympia, (360) 407-6906.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule amendment has been reviewed and is exempt from economic analysis under RCW 34.05.328 and chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. The rule amendment has been reviewed and is exempt from economic analysis under RCW 34.05.328 and chapter 19.85 RCW.
June 16, 2005
Polly Zehm
Deputy Director
OTS-8101.1
NEW SECTION
WAC 173-415-015
Applicability.
(1) In addition to the
general applicability of chapter 173-400 WAC to all emission
sources, all primary aluminum reduction plants are required to
meet the emissions standards of this chapter. Specific
emissions standards and requirements listed in this chapter
shall supersede the general emissions standards and general
requirements in chapter 173-400 WAC.
(2) All primary aluminum reduction plants are required to meet applicable National Emissions Standards for Hazardous Air Pollutants (NESHAPs). New primary aluminum reduction plants must meet federal New Source Performance Standards (NSPS).
(3) In this rule, whenever a federal regulation is cited, the most recent version that has been adopted into Washington Administrative Code is the version of the federal regulation that is referenced. These most recent adoptions by reference can be found in chapter 173-400 WAC.
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(1) (("Fluorides" means compounds of the element
fluorine.
(2) "Forage" means grasses, pasture and other vegetation that is normally consumed or is intended to be consumed by livestock.
(3) "Primary aluminum plant" or)) "Potline" means a single discreet group of electrolytic reduction cells connected in series, in which alumina is reduced to form aluminum.
(2) "Primary aluminum reduction plant" ((or "primary
aluminum mill")) means ((a plant which produces aluminum metal
from aluminum oxide (alumina))) any facility manufacturing
aluminum by electrolytic reduction. For the purposes of this
regulation "primary aluminum reduction plant" is equivalent to
"source."
(((4))) (3) "((Potline)) Primary emission control system"
means the equipment ((and procedures designed to collect and
remove contaminants from the exhaust gases which are captured
at the pot)) used to capture the gases and particulate matter
evacuated directly from the reduction cell and the emission
control device(s) used to remove pollutants prior to discharge
of the cleaned gas to the atmosphere. A roof scrubber is not
part of the primary control system.
(4) "Total fluorides (TF)" means elemental fluorine and all fluoride compounds as measured by Methods 13A, 13B or 14A in 40 CFR Part 60 Appendix A or by an EPA approved alternative method.
[Statutory Authority: Chapter 70.94 RCW. 91-05-064 (Order 90-06), § 173-415-020, filed 2/19/91, effective 3/22/91. Statutory Authority: RCW 70.94.331. 85-06-048 (Order 84-50), § 173-415-020, filed 3/6/85. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), § 173-415-020, filed 4/15/83. Statutory Authority: RCW 70.94.331 and 70.94.395. 80-11-028 (Order DE 80-17), § 173-415-020, filed 8/14/80. Formerly WAC 18-52-021.]
(((a) The emission of gaseous and particulate fluorides
for all emissions units within a primary aluminum plant shall
be restricted so that the plant's emissions will not cause
ambient air and forage standards for fluorides established by
chapter 173-481 WAC to be exceeded outside the property
controlled by the aluminum plant owner(s) or operator(s).
(b) Each potline primary emission control system shall be designed so that the control of fluoride emissions will be equivalent to a total fluoride collection efficiency of: (i) Eighty percent for vertical stud soderberg and side worked prebake pots, (ii) eighty-five percent for horizontal stud soderberg pots, and (iii) ninety-five percent for center worked prebake pots. A primary emission control system with a design removal efficiency of at least ninety-five percent of the fluoride collected is required.))
(2) Particulate. The total emission of particulate matter to the atmosphere from the reduction process (potlines) shall be reduced to the lowest level consistent with reasonably available control technology (RACT) for primary aluminum reduction plants. The emission of solid particulate shall not exceed 7.5 grams per kilogram (fifteen pounds per ton) of aluminum produced on a daily basis. Aluminum produced shall be calculated by the method used to determine aluminum production rate in 40 CFR 63.847 (e)(6).
(3) Visible emissions. Visible emissions from any emissions unit in a primary aluminum reduction plant shall not exceed an average twenty percent opacity for more than six consecutive minutes in any sixty minute period. This provision shall not apply:
(a) When the presence of uncombined water is the only reason for the opacity of the plume to exceed twenty percent; or
(b) When an alternate opacity limit has been established under RCW 70.94.331 (2)(c).
(4) Fugitive emissions. Each primary aluminum reduction plant shall use RACT to prevent fugitive emissions. Fugitive dust is included in fugitive emissions.
(5) Sulfur dioxide.
(a) Total emissions of sulfur dioxide from all emissions units shall not exceed thirty grams of sulfur dioxide per kilogram of aluminum produced on a monthly average (sixty pounds per ton). Those primary aluminum plants which were in excess of the above sulfur dioxide limit on January 1, 1978, will be allowed to emit at the January 1, 1978, level of emissions provided that the owners or operators did demonstrate to ecology by July 1, 1981, by use of modeling and ambient measurements, that the emissions will not cause the ambient standard to be exceeded, and that the limits are placed in a regulatory order(s).
(b) In no case shall any plant cause or permit the emission of a gas containing sulfur dioxide in excess of one thousand parts per million corrected to dry standard conditions for an hourly average.
(6) Operation and maintenance (O&M). At all times,
including periods of abnormal operation and upset conditions,
owners and operators shall, to the extent practicable,
maintain and operate an affected facility, ((and operate and
maintain air pollution control equipment associated with such
facility)) including associated air pollution control
equipment, in a manner consistent with good air pollution
control practice. ((A plant may elect to establish a program,
subject to the approval of ecology, for monitoring each
potroom in order to demonstrate good operation and
maintenance.)) Determination of whether acceptable operating
and maintenance procedures are being used will be based on
information available to ecology which may include, but is not
limited to, monitoring results, opacity observations, review
of operating and maintenance procedures, and inspection of the
source. The means for demonstrating ongoing compliance with
good O&M may include, but not be limited to: More frequent
source testing, prescriptive procedures or inspections,
control values for emissions at values less than the
applicable regulatory requirements and that function as an
investigative trigger rather than as a limit, collection and
efficiency requirements, or the use of CEMs.
(7) Source testing. To demonstrate compliance with this
chapter, the testing provisions of chapter 173-400 WAC
((173-400-105 shall apply to all sources to which this chapter
is)) and MACT requirements as specified in 40 CFR 63 Subpart
LL shall be used as applicable.
[Statutory Authority: Chapter 70.94 RCW. 91-05-064 (Order 90-06), § 173-415-030, filed 2/19/91, effective 3/22/91. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), § 173-415-030, filed 4/15/83. Statutory Authority: RCW 70.94.331 and 70.94.395. 80-11-028 (Order DE 80-17), § 173-415-030, filed 8/14/80. Formerly WAC 18-52-031.]
(a) ((Ambient air: Twenty-four hour concentrations of
gaseous fluoride in the ambient air expressed in micrograms of
hydrogen fluoride per cubic meter of ambient air.
(b) Forage: Concentrations of fluoride in forage expressed in parts per million of fluoride on a dried weight basis.
(c))) Particulate emissions: Results of all emission
sampling conducted during the month for particulates, shall be
expressed in ((grains per standard dry cubic foot, in pounds
per day, and in pounds per ton of aluminum produced)) units
used in the applicable requirements or in units specified in
the monitoring plan. The method of calculating pounds per ton
shall be as specified in the approved monitoring programs. For each potline, particulate data shall be reported as total
particulates and percentage of fluoride ion contained therein.
For other units at a primary aluminum reduction plant,
particulate data shall be reported as total particulates.
Compliance with WAC 173-415-030(2) shall be determined by
measurements of emissions from the potline primary control
system plus measurements of emissions from the potline roof
((monitor)).
(((d))) (b) Fluoride emissions: Results of all sampling
conducted during the month for fluoride emissions((. All
results shall be expressed as hydrogen fluoride in parts per
million on a volume basis and pounds per day of hydrogen
fluoride)) shall be reported in pounds of total fluoride per
ton of aluminum produced. Aluminum produced shall be
calculated by the method used to determine aluminum production
rate in 40 CFR 63.847(e)(6).
(((e))) (c) Other emission and ambient air data as
specified in the approved monitoring program.
(2) Other data: ((For ecology to evaluate a plant's
emissions or emission control program, each primary aluminum))
Each primary aluminum reduction plant shall furnish other data
requested by the department of ecology to evaluate a plant's
emission control program.
(3) Change in raw materials or fuel: Any change or
series of changes in raw material or fuel which results in a
cumulative increase in emissions of sulfur dioxide of five
hundred tons per year or more over that stated in the 1979
emissions inventory ((required by WAC 173-415-080)) shall
require the submittal of sufficient information to the
department of ecology so that the effect upon ambient
concentrations of sulfur dioxide can be determined. The
department of ecology may issue regulatory orders requiring
controls to reduce the effect of such increases.
[Statutory Authority: Chapter 70.94 RCW. 91-05-064 (Order 90-06), § 173-415-060, filed 2/19/91, effective 3/22/91. Statutory Authority: RCW 70.94.331 and 70.94.395. 80-11-028 (Order DE 80-17), § 173-415-060, filed 8/14/80. Formerly WAC 18-52-061 and 18-52-071.]
The following sections of the Washington Administrative Code are repealed:
| WAC 173-415-040 | Standards of performance. |
| WAC 173-415-045 | Creditable stack height and dispersion techniques. |
| WAC 173-415-050 | New source review (NSR). |
| WAC 173-415-051 | Prevention of significant deterioration (PSD). |
| WAC 173-415-070 | Report of startup, shutdown, breakdown or upset conditions. |
| WAC 173-415-080 | Emission inventory. |
OTS-8102.1
AMENDATORY SECTION(Amending Order 87-21, filed 9/16/87)
WAC 173-481-020
Applicability.
The forage provisions of
this chapter apply to all areas ((of the state of Washington))
where livestock are grazed, and where forage is grown for
livestock feed. The ambient action levels apply to areas
where fluoride sensitive vegetation is grown for commercial
purposes and in public land use areas, such as parks, where
fluoride damage to vegetation would adversely impact the use
and enjoyment of the area. The ambient action levels are
independent of the forage standards and are not designed to
relate to potential concentrations in forage.
[Statutory Authority: Chapter 70.94 RCW. 87-19-073 (Order 87-21), § 173-481-020, filed 9/16/87.]
(1) "Fluorides" means compounds of the element of fluorine.
(2) "Forage" means grasses, pasture and other vegetation that is consumed or is intended to be consumed by livestock.
(((2) "Cured forage" means hay, straw, ensilage that is
consumed or is intended to be consumed by livestock.)) (3)
"Growing season" means April 1 to September 30 unless a
different period is specified by the department by an order.
(4) "Injury" means any fluoride induced measurable change in a plant that is metabolic, visual, or physiological such as alterations in the assimilation rate of plant constituents, leaf necrosis, leaf or fruit abscission, or reduced or altered growth.
(5) "Damage" means any fluoride induced injury to a plant that causes economic loss, or would adversely impact the use and enjoyment of public land use areas.
(6) "Public land use area" means land belonging to the community as a whole through its representatives in government, and within which fluoride sensitive vegetation is important to the purpose of the land use such as parks, national forests, etc.
[Statutory Authority: Chapter 70.94 RCW. 87-19-073 (Order 87-21), § 173-481-030, filed 9/16/87.]
(2) The fluoride content of forage calculated by dry weight shall not exceed:
(a) Forty parts per million fluoride ion (40 ppm F-)
average for ((any twelve consecutive months)) the growing
season.
(b) Sixty parts per million fluoride ion (60 ppm F-) each month for more than two consecutive months during the growing season.
(c) Eighty parts per million fluoride ion (80 ppm F-) more than once in any two consecutive months during the growing season.
(((3) In areas where cattle are not grazed continually,
but are fed cured forage part of the year, the fluoride
content of the cured forage shall be used as the forage
fluoride content for as many months as it is fed to establish
the yearly average.
(4) Cured forage grown for sale as livestock feed shall not exceed forty parts per million fluoride ion (40 ppm F-) by dry weight after curing or preparing for sale.))
[Statutory Authority: Chapter 70.94 RCW. 87-19-073 (Order 87-21), § 173-481-100, filed 9/16/87.]
(2) Gaseous fluorides in the ambient air calculated as HF at standard conditions shall not exceed:
(a) ((Three and seven-tenths micrograms per cubic meter
(3.7 µg/m3) average for any twelve consecutive hours;
(b))) Two and nine-tenths micrograms per cubic meter (2.9 µg/m3) average for any nonoverlapping twenty-four consecutive hours;
(((c))) (b) One and seven-tenths micrograms per cubic
meter (1.7 µg/m3) average for any seven consecutive days;
(((d))) (c) Eighty-four one-hundredths micrograms per
cubic meter (0.84 µg/m3) average for any thirty consecutive
days;
(((e))) (d) Five-tenths micrograms per cubic meter (0.5
µg/m3) average for the ((period March 1 through October 31 of
any year)) growing season.
[Statutory Authority: Chapter 70.94 RCW. 87-19-073 (Order 87-21), § 173-481-110, filed 9/16/87.]
(2) Concurrent violations of the action levels found in WAC 173-481-100 and 173-481-110 shall not contain overlapping time periods for any one standard or action level.
[Statutory Authority: Chapter 70.94 RCW. 87-19-073 (Order 87-21), § 173-481-150, filed 9/16/87.]