Effective Date of Rule: May 1, 2006.

     Purpose: To require that compliance source test notifications be submitted on forms provided by the agency and to update a WAC reference that was changed by the department of ecology.

     Citation of Existing Rules Affected by this Order: Amending Sections 3.07 and 6.01 of Regulation I.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 06-05-057 on February 13, 2006.

     Changes Other than Editing from Proposed to Adopted Version: Minor rewording of Section 3.07 to clarify.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: March 23, 2006.

Steve M. VanSlyke

Supervisory Engineer

REGULATION I SECTION 3.07 COMPLIANCE TESTS

     (a) Testing of sources for compliance with emission standards shall be performed in accordance with current U.S. Environmental Protection Agency approved methods unless specific methods have been adopted by the Board. Where there is no federally approved or Board approved method, testing shall be performed in accordance with a method approved in writing by the Control Officer.

     (b) The owner or operator of a source shall notify the Agency in writing at least ((2 weeks)) 21 days prior to any compliance test ((and provide the Agency an opportunity to review the test plan and to observe the test)). Notification of a compliance test shall be submitted on forms provided by the Agency. Test notifications using the Agency forms do not constitute test plans. Compliance with this notification provision does not satisfy any obligation found in an order or other regulatory requirement to submit a test plan for Agency review. Notification under Section 3.07(b) of this regulation does not waive or modify test notification requirements found in other applicable regulations.

     (c) The owner or operator of any source required to perform a compliance test shall submit a report to the Agency no later than 60 days after the test. The report shall include:

     (1) A description of the source and the sampling location;

     (2) The time and date of the test;

     (3) A summary of results, reported in units and for averaging periods consistent with the applicable emission standard;

     (4) A description of the test methods and quality assurance procedures employed;

     (5) The amount of fuel burned or raw material processed by the source during the test;

     (6) The operating parameters of the source and control equipment during the test;

     (7) Field data and example calculations; and

     (8) A statement signed by the senior management official of the testing firm certifying the validity of the source test report.

AMENDATORY 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 2/10/05)

     WAC 173-400-081 Startup and shutdown. (effective 9/20/93)

     WAC 173-400-110 (3) and (6)-(10) New source review (NSR). (effective 2/10/05)

     WAC 173-400-112 Requirements for new sources in nonattainment areas. (effective 2/10/05)

     WAC 173-400-113 Requirements for new sources in attainment or unclassifiable areas. (effective 2/10/05)

     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 2/10/05)

     WAC 173-400-171 Public involvement. - excluding references to chapter 173-460 WAC (effective 2/10/05)

     WAC 173-400-200 Creditable stack height and dispersion techniques. (effective 2/10/05)

     WAC 173-400-560 General order of approval. (effective 2/10/05)

     WAC 173-400-700 Review of major stationary sources of air pollution. (effective 2/10/05)

     WAC 173-400-710 Definitions. (effective 2/10/05)

     WAC 173-400-720 Prevention of significant deterioration (PSD). (effective 2/10/05)

     WAC 173-400-730 Prevention of significant deterioration application processing procedures. (effective 2/10/05)

     WAC 173-400-740 PSD permitting public involvement requirements. (effective 2/10/05)

     WAC 173-400-750 Revisions to PSD permits. (effective 2/10/05)

     WAC 173-460-020 Definitions. (effective 2/14/94)

     WAC 173-460-040 (3)-(10) New source review. (effective 2/14/94)

     WAC 173-460-050 Requirement to quantify emissions. (effective 2/14/94)

     WAC 173-460-060 Control technology requirements. (effective 8/21/98)

     WAC 173-460-070 Ambient impact requirement. (effective 9/18/91)

     WAC 173-460-080 Demonstrating ambient impact compliance. (effective 2/14/94)

     WAC 173-460-090 Second tier analysis. (effective 2/14/94)

     (b) The Washington State Department of Ecology is the permitting agency for the Prevention of Significant Deterioration (PSD) program under WAC 173-400-700 through WAC 173-400-750 (as delegated by agreement with the US Environmental Protection Agency, Region 10), 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))78 WAC.

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