Original Notice.

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

     Title of Rule and Other Identifying Information: Revise SCAPCA Regulation I, Article VI, Section 6.17 - Standards for Municipal Solid Waste Combusters which implements federal emission guidelines for municipal solid waste combustors.

     Hearing Location(s): Spokane County Public Works Building, Lower Level Hearing Room, 1206 West Broadway, Spokane, WA 99201, on April 5, 2007, at 9:00 a.m.

     Date of Intended Adoption: April 5, 2007.

     Submit Written Comments to: April Westby, 1101 West College, Suite 403, Spokane, WA 99201, e-mail alwestby@scapca.org, fax (509) 477-6828, by April 4, 2007.

     Assistance for Persons with Disabilities: Contact Barbara Nelson by April 4, 2007, (509) 477-4727, ext. 116.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose: Revise SCAPCA Regulation I, Article VI, Section 6.17 to incorporate recent revisions to federally established emission guidelines (40 C.F.R. Part 60, Subpart Cb) for municipal solid waste combustors.

     Reasons Supporting Proposal: If local rules are not adopted, EPA will enforce the federal standards.

     Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380(2).

     Statute Being Implemented: Chapter 70.94 RCW, 42 U.S.C. 7401 et. seq. and 42 U.S.C. 7412.

     Rule is necessary because of federal law, [no information supplied by agency].

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The rule implements revised federally established emission guidelines for certain municipal solid waste combustors. The federal emission guidelines are codified in 40 C.F.R. 60, Subpart Cb. This proposal amends the earlier version of SCAPCA Regulation I, Section 6.17. The rule lowers allowable emissions from affected combustors for several pollutants. The rule affects one facility in Spokane County.

     Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: April Westby, 1101 West College, Suite 403, Spokane, WA 99201, (509) 477-4727.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule. Chapter 19.85 RCW does not apply to local air pollution control authority rule development/amendments.

     A cost-benefit analysis is not required under RCW 34.05.328. This is a local agency rule and pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule amendment.

February 20, 2007

William O. Dameworth

Director

REGULATION I, ARTICLE VI, SECTION 6.17

SECTION 6.17 STANDARDS FOR MUNICIPAL SOLID WASTE COMBUSTORS

     A. Purpose. This section implements the emission guidelines promulgated by the United States Environmental Protection Agency (EPA) in 40 CFR Part 60, Subpart Cb, establishing standards for the control of certain pollutants emitted from municipal solid waste combustors.

     B. Definitions. The definitions in 40 CFR §60.31b, as in effect on ((September 1, 1998)) December 1, 2006, are adopted by reference except:

     1. The references to §60.52b(c) in the definitions of maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature are hereby changed to §60.33b (c)(1). (((i) and (ii).))

     2. In sections 60.53b, 60.58b, and 60.59b, Administrator means both the administrator of EPA and the Spokane County Air Pollution Control Authority.

     C. Applicability. Section 6.17 applies to all facilities within Spokane County that are designated facilities as established in 40 CFR §60.32b, as in effect on ((September 1, 1998)) December 1, 2006.

     D. Emission Standards. The following emission standards are adopted by reference. ((All facilities (i.e., each municipal solid waste combustor unit) designated in C. of this section shall comply with these standards in accordance with the compliance schedule given in J. below.))

     1. Particulate matter emissions shall not exceed the emission limit in 40 CFR §60.33b (a)(1)(i), as in effect on ((September 1, 1998)) December 1, 2006.

     2. Opacity shall not exceed the emission limit in 40 CFR §60.33b (a)(1)(iii), as in effect on ((September 1, 1998)) December 1, 2006.

     3. Cadmium emissions shall not exceed the emission limit in 40 CFR §60.33b (a)(2)(i), as in effect on ((September 1, 1998)) December 1, 2006.

     4. Lead emissions shall not exceed the emission limit in 40 CFR §60.33b (a)(4), as in effect on ((September 1, 1998)) December 1, 2006.

     5. Mercury emissions shall not exceed the emission limit in 40 CFR §60.33b (a)(3), as in effect on ((September 1, 1998)) December 1, 2006.

     6. Sulfur dioxide emissions shall not exceed the emission limit in 40 CFR §60.33b (b)(3)(i), as in effect on ((September 1, 1998)) December 1, 2006.

     7. Hydrogen chloride emissions shall not exceed the emission limit in 40 CFR §60.33b (b)(3)(ii), as in effect on ((September 1, 1998)) December 1, 2006.

     8. Dioxins/furans emissions shall not exceed the emission limit in 40 CFR §60.33b (c)(1)(i) or (ii), as in effect on ((September 1, 1998)) December 1, 2006.

     9. Nitrogen oxide emissions shall not exceed the emission limits in Table 1 of 40 CFR §60.33b(d) (24-hour daily arithmetic average), as in effect on ((September 1, 1998)) December 1, 2006.

     10. Carbon monoxide emissions shall not exceed the emission levels specified in Table 3 of 40 CFR §60.34b(a), as in effect on ((September 1, 1998)) December 1, 2006.

     E. Operating Practices. The operating practices of 40 CFR §60.53b (b) and (c), as in effect on ((September 1, 1998)) December 1, 2006, are adopted by reference. ((All facilities designated in C. of this section shall comply with these practices in accordance with the compliance schedule given in J. below.))

     F. Operator Training and Certification. The operator training and certification requirements of 40 CFR §60.54b, as in effect on ((September 1, 1998)) December 1, 2006, are adopted by reference with the following change:

     1. A State certification program may only be used to meet the certification requirements if it has been demonstrated to EPA's satisfaction that the State program is equivalent to the American Society of Mechanical Engineers certification program.

     ((All facilities designated in C. of this section shall comply with these requirements in accordance with the compliance schedule given in J. below.))

     G. Fugitive Ash Emissions. The fugitive ash emission requirements of 40 CFR §60.55b, as in effect on ((September 1, 1998)) December 1, 2006, are adopted by reference. ((All facilities designated in C. of this section shall comply with these requirements in accordance with the compliance schedule given in J. below.))

     H. Compliance and Performance Testing. The compliance and performance testing requirements in 40 CFR §60.58b, as in effect on ((September 1, 1998)) December 1, 2006, are adopted by reference with the following changes:

     1. In §60.58b (a)(1)(iii), the references to §60.53b(a) are hereby changed to Table 3 of §60.34b(a).

     2. In §60.58b(c), the reference to §60.52b (a)(1) and (a)(2) is hereby changed to §60.33b (a)(1)(i) and (iii).

     3. In §60.58b(d), the reference to §60.52b(a) is hereby changed to §60.33b (a)(2), (a)(3), and (a)(4).

     4. In §60.58b (d)(1), the reference to §60.52b (a)(3) and (4) is hereby changed to §60.33b (a)(2) and (a)(4).

     5. All references to §60.52b (a)(5) in §60.58b are hereby changed to §60.33b (a)(3).

     6. In §60.58b(e), the reference to §60.52b (b)(1) is hereby changed to §60.33b (b)(3)(i).

     7. In §60.58b(f), the reference to §60.52b (b)(2) is hereby changed to §60.33b (b)(3)(ii).

     8. All references to §60.52b(c) in §60.58b are hereby changed to §60.33b (c)(1). (((i) and (ii).))

     9. In §60.58b (g)(5)(iii), the alternate testing schedule for dioxins/furans, as applicable, shall be available to facilities that achieve a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter total mass, corrected to 7 percent oxygen.

     10. In §60.58b(h), the references to §60.52b(d) are hereby changed to Table 1 of §60.33b(d).

     11. In §60.58b(i), the reference to §60.53b is hereby changed to Table 3 of §60.34b(a) and §60.53b (b) and (c).

     12. In §60.58b(i), the references to §60.53b(a) are hereby changed to Table 3 of §60.34b(a).

     1. In §60.58b(c), the reference to §60.52b (a)(1) and (a)(2) is hereby changed to §60.33b (a)(1)(i) and (iii).

     2. In §60.58b(d), the reference to §60.52b(a) is hereby changed to §60.33b (a)(2), (a)(3), and (a)(4).

     3. In §60.58b (d)(1), the reference to §60.52b (a)(3) and (4) is hereby changed to §60.33b (a)(2) and (a)(4).

     4. All references to §60.52b (a)(5) in §60.58b are hereby changed to §60.33b (a)(3).

     5. In §60.58b(e), the reference to §60.52b (b)(1) is hereby changed to §60.33b (b)(3)(i).

     6. In §60.58b(f), the reference to §60.52b (b)(2) is hereby changed to §60.33b (b)(3)(ii).

     7. All references to §60.52b(c) in §60.58b are hereby changed to §60.33b (c)(1) and (ii).

     8. In §60.58b (g)(5)(iii), the alternate testing schedule for dioxins/furans, as applicable, shall be available to facilities that achieve a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter total mass, corrected to 7 percent oxygen.

     9. In §60.58b(h), the references to §60.52b(d) are hereby changed to Table 1 of §60.33b(d).

     10. In §60.58b(i), the reference to §60.53b is hereby changed to Table 3 of §60.34b(a) and §60.53b (b) and (c).

     11. In §60.58b(i), the references to §60.53b(a) are hereby changed to Table 3 of §60.34b(a).

     ((All facilities designated in C. of this section shall comply with the compliance and performance testing requirements of this subsection in accordance with the compliance schedule given in J. below.))

     I. Reporting and Recordkeeping. The reporting and recordkeeping requirements in 40 CFR §60.59b, as in effect on December 1, 2006, are adopted by reference with the following changes:

     1. §60.59b (a), (b)(5), and (d)(11) are hereby deleted.

     2. In §60.59b(d), the reference to §60.52b is hereby changed to §60.33b.

     3. In §60.59b(d), the reference to §60.53b is hereby changed to Table 3 of §60.34b(a) and §60.53b (b) and (c).

     ((All facilities designated in C. of this section shall comply with the recordkeeping and reporting requirements of this subsection in accordance with the compliance schedule given in J. below.))

     J. Compliance Schedule. All designated facilities, as determined in B. above, shall comply with the requirements of Section 6.17 as of the effective date of this regulation ((December 1, 1999)) except for the following:

     1. The requirement specified in §60.54b(d) does not apply to chief facility operators, shift supervisors, and control room operators who have obtained full certification from the American Society of Mechanical Engineers or a state certification plan on or before December 1, 1999.

     2. The owner or operator may request that the EPA Administrator waive the requirement specified in §60.54b(d) for chief facility operators, shift supervisors, and control room operators who have obtained provisional certification from the American Society of Mechanical Engineers or a state certification plan on or before December 1, 1999.

     ((3. The initial training requirements specified in §60.54b (f)(1) shall be completed no later than 12 months after December 1, 1999, or the date prior to the day when the person assumes responsibilities affecting municipal waste combustor unit operation whichever is later.

     4. The initial performance evaluation/test, required in H. above, shall be completed no later than 180 days after December 1, 1999.))

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

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