PROPOSED RULES
AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: Northwest Clean Air Agency (NWCAA) Regulation.
Hearing Location(s): Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, on November 8, 2007, at 1:30 p.m.
Date of Intended Adoption: November 8, 2007.
Submit Written Comments to: Mark Asmundson, Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, masmundson@nwcleanair.org, fax (360) 428-1620, by November 8, 2007.
Assistance for Persons with Disabilities: Contact Scott Allison by October 8, 2007, (360) 428-1617 ext. 200.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The regulation amendments will allow the NWCAA to clarify various sections of our rules and adopt Section 461 to control NOx emissions.
Amendatory Section
SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES
| • | Update to accommodate new or revised rules. |
| • | Delete "that are in effect as of July 1, 2005" from 104.2 (federal rules). The NWCAA board adoption date defines which version of the federal regulation is being referenced. |
Amendatory Section
SECTION 106 - PUBLIC RECORDS
| • | Clarifications. |
Amendatory Section
SECTION 113 - SERVICE OF NOTICE
| • | Clarifications. |
Amendatory Section
SECTION 114 - CONFIDENTIAL INFORMATION
| • | Clarifications. |
Amendatory Section
SECTION 120 - HEARINGS
| • | Clarifications. |
Amendatory Section
SECTION 121 - ORDERS
| • | Clarifications. |
Amendatory Section
SECTION 122 - APPEALS FROM ORDERS OR FORMAL ENFORCEMENT ACTION
| • | Rename title. |
| • | Clarifications. |
Amendatory Section
SECTION 123 - STATUS OF ORDERS ON APPEAL
| • | Clarifications. |
Amendatory Section
SECTION 131 - NOTICE TO VIOLATORS
| • | Rename title. |
| • | Clarify enforcement procedures and authority. |
Amendatory Section
SECTION 132 - CRIMINAL PENALTY
| • | Clarifications. |
Amendatory Section
SECTION 133 - CIVIL PENALTY
| • | Clarifications. |
Amendatory Section
SECTION 135 - ASSURANCE OF DISCONTINUANCE
| • | Rename title. |
| • | Clarifications. |
Amendatory Section
SECTION 150 - POLLUTANT DISCLOSURE -- REPORTING BY AIR CONTAMINANT SOURCES
| • | Clarifications. |
| • | Notice to NWCAA required for all sources that submit a 40 C.F.R. Part 372 Toxic Release Inventory (TRI) report. |
Amendatory Section
SECTION 200 - DEFINITIONS
| • | Add definitions for "WASHINGTON ADMINISTRATIVE CODE (WAC)," "GREENHOUSE GASES (GHG)" and "HAZARDOUS AIR POLLUTANT (HAP)." |
| • | Delete the following definitions related to agricultural burning; "AGRICULTURAL OPERATION," "FIELD GRASSES," "TURF GRASSES." |
| • | Amend for clarification definitions of "MODIFICATION," "CONTROL OFFICER," "STATE ACT" and "PREVENTION OF SIGNIFICANT DETERIORATION (PSD)." |
Amendatory Section
SECTION 300 - NEW SOURCE REVIEW
| • | Clarifications. |
| • | Provide exemptions for some nonroad engines and coffee roasters. |
Amendatory Section
SECTION 301 - TEMPORARY SOURCES
| • | Correct PSD regulatory citation. |
Amendatory Section
SECTION 305 - PUBLIC INVOLVEMENT
| • | Correct reference to a state regulation citation. |
Amendatory Section
SECTION 322 - AIR OPERATING PERMIT PROGRAM (AOP)
| • | Redefine scope of pollutants that the agency can charge AOP fees to include pollutants allowed under state and federal rule. |
Amendatory Section
SECTION 324 - FEES
| • | Provide for the establishment of fee categories and fee schedules by resolution adopted by the board of directors of the NWCAA. |
Amendatory Section
SECTION 325 - TRANSFER OR PERMANENT SHUTDOWN
| • | Clarify. |
Amendatory Section
SECTION 340 - REPORT OF BREAKDOWN AND UPSET
| • | Add a provision to report events with VOC emissions over five-hundred pounds. |
Amendatory Section
SECTION 428 - HAZARDOUS AIR POLLUTANTS
| • | Add a twenty-four hour averaging period to the ambient formaldehyde limit. |
Amendatory Section
SECTION 451 - EMISSION OF AIR CONTAMINANT -- VISUAL STANDARD
| • | Remove 40% opacity limit for existing petroleum catalytic cracking units. |
| • | Remove opacity exemptions for wood waste burners. |
New Section
SECTION 461 - EMISSION OF NITROGEN OXIDES
| • | Establish a 0.09 lb NOx/MMBtu limit for heaters and boilers > 100 MMBtu/hr. |
| • | Establish a facility-wide aggregate average limit of 0.06 lb NOx/MMBtu for heaters and boilers > 100 MMBtu/hr at petroleum refineries. |
| • | Require annual source testing, or a CEM, for heaters and boilers > 100 MMBtu/hr. |
Amendatory Section
SECTION 462 - EMISSION OF SULFUR COMPOUNDS
| • | Add 162 ppm H2S limit for refinery fuel gas. |
Amendatory Section
SECTION 502 - OUTDOOR BURNING
| • | Delete provision allowing for the recouping of fire suppression costs on behalf of fire departments. |
Amendatory Section
SECTION 504 - AGRICULTURAL BURNING
| • | Update provisions to be consistent with chapter 173-430 WAC. |
| • | Revise fee schedule. |
Amendatory Section
SECTION 506 - SOLID FUEL BURNING DEVICES
| • | Clarifications. |
| • | Update provision for curtailing woodstove use during air quality forecasts and episodes. |
Amendatory Section
SECTION 550 - PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE
| • | Rewrite to be more specific regarding expectations for operators of access roads, unloading equipment, transfer points, unpaved traveled surfaces, parking areas, and other sources of potential fugitive particulate matter. |
Amendatory Section
SECTION 570 - ASBESTOS CONTROL STANDARDS
| • | Rewrite alternative means of compliance provisions. |
Amendatory Section
SECTION 580 - VOLATILE ORGANIC COMPOUND CONTROL
| • | Delete provision that exempts refineries from applying Section 580 if there is a similar overlapping federal NSPS or NESHAP program. |
| • | Rewrite the petroleum refinery equipment leak provisions to reflect "enhanced" leak detection and repair. |
Amendatory Section
SECTION 590 - PERCHLOROETHYLENE DRY CLEANERS
| • | Rewrite to be consistent with MACT 40 C.F.R. 63 Subpart M and WAC 173-400-075(7). |
Statutory Authority for Adoption: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Northwest Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Asmundson, 1600 South Second Street, Mount Vernon, WA, (360) 428-1617 ext. 208.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328.
August 23, 2007
Mark Asmundson
Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 07-20 issue of the Register.