PERMANENT RULES
AIR AGENCY
Effective Date of Rule: Thirty-one days after filing.
Purpose: The regulation amendments will allow the NWCAA to clarify various sections of our rules.
Amendatory Sections
SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES.
| • | Update to accommodate new or revised rules. |
| • | Replace July 1, 2005, with October 29, 2007, date. |
| • | Clarifications. |
| • | Clarifications. |
| • | Clarifications. |
| • | Clarifications. |
| • | Clarifications. |
| • | Rename title. |
| • | Clarifications. |
| • | Clarifications. |
| • | Rename title. |
| • | Clarify enforcement procedures and authority. |
| • | Clarifications. |
| • | Clarifications. |
| • | Rename title. |
| • | Clarifications. |
| • | Clarifications. |
| • | Add definitions for "WASHINGTON ADMINISTRATIVE CODE (WAC)" and "HAZARDOUS AIR POLLUTANT (HAP)." |
| • | Delete the following definitions related to agricultural burning; "AGRICULTURAL OPERATION," "FIELD GRASSES," "TURF GRASSES." |
| • | Amend for clarification definitions of "CONTROL OFFICER," "STATE ACT" and "PREVENTION OF SIGNIFICANT DETERIORATION (PSD)." |
| • | Clarifications. |
| • | Provide exemptions for some nonroad engines and coffee roasters. |
| • | Correct PSD regulatory citation. |
| • | Correct reference to a state regulation citation. |
| • | Provide for the establishment of fee categories and fee schedules by resolution adopted by the board of directors of the NWCAA. |
| • | Clarify. |
| • | Clarify. |
| • | Add a 24-hour averaging period to the ambient formaldehyde limit. |
| • | Remove 40% opacity limit for existing petroleum catalytic cracking units. |
| • | Remove opacity exemptions for wood waste burners. |
| • | Delete provision allowing for the recouping of fire suppression costs on behalf of fire departments. |
| • | Update provisions to be consistent with chapter 173-430 WAC. |
| • | Revise fee schedule. |
| • | Clarifications. |
| • | Update provision for curtailing woodstove use during air quality forecasts and episodes. |
| • | Rewrite alternative means of compliance provisions. |
| • | Rewrite to be consistent with MACT 40 C.F.R. 63 Subpart M and WAC 173-400-075(7). |
Citation of Existing Rules Affected by this Order: See Purpose above.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 07-18-024 on August 27, 2007.
Changes Other than Editing from Proposed to Adopted Version: Section 104.2: Adopt as proposed with amendment.
Section 132.5: Language change.
Section 132.6: Language change.
Section 133.1: Delete amendment.
Section 150.1: Table proposed modification for further study and likely rewrite, clarifying the distinctions between new reporting requirements for non-Title V sources and requirements applicable to Title V sources.
Section 150.13: Delete proposed new language - "and greenhouse gas (GHG) pollutant."
Section 150.4: Delete this added subsection.
Section 200: Delete proposed amendment to term "modification." Delete proposed addition of definition of greenhouse gases.
Section 322.4: Delete proposed additional language at the end of subsection b)2). (No changes to this section, therefore removed from these regulation revisions.)
Section 324: Add the following language at the end of subsection 1 c and subsection 2 b:
"A proposed resolution that changes any fee schedules described in this section shall be posted on the NWCAA website for not less than 30 days prior to the Board of Directors meeting at which the Board takes action on the resolution. In addition, an electronic version of the proposed fee schedule changes shall be provided by e-mail to any person requesting notice of proposed fee schedule changes, not less than 30 days prior to the Board meeting at which such changes are considered. It shall be the ongoing responsibility of a person requesting electronic notice of proposed fee schedule amendments to provide their current e-mail address to the NWCAA, however no person is required to request such notice. Each notice of a proposed fee schedule change shall provide for a comment period on the proposal of not less than 30 days. Any such proposal shall be subject to public comment at the Board meeting where such changes are considered. No final decision on a proposed fee schedule change shall be taken until the public comment period has ended and any comments received during the public comment period have been considered."
Section 340: Delete proposed amendatory language in subsection 1.
Section 428.3: Delete proposed amendatory language.
Substitute: "Formaldehyde concentrations in the ambient air
shall not exceed five hundredths of a part per million by
volume (0.05 ppmv), 24-hour average concentration."
Section 461: Table proposed new section for further analysis and possible rewrite.
Section 462.4: Table proposed new section for further analysis and possible rewrite.
Section 580.26: Table proposed deletion of subsection for further analysis and possible rewrite.
Section 580.8: Table proposed amendments and additions for further analysis and possible rewrite.
A final cost-benefit analysis is available by contacting Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, phone (360) 428-1617, fax (360) 428-1620, e-mail masmundson@nwcleanair.org.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, 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 27, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 27, 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: November 8, 2007.
Mark Asmundson
Director
AMENDATORY SECTIONSECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES
104.1 All provisions of State Law as it now exists or may
be hereafter amended, which is pertinent to the operation of
the NWCAA, is hereby adopted by reference and made part of the
Regulation of the NWCAA. Specifically, there is adopted by
reference the Washington State Clean Air Act (RCW 70.94), the
Administrative Procedures Act (RCW 34.05) and RCW 43.21A and
43.21B and the following state rules: WAC 173-400, (except –
035, -070(8), -099, -100, -101, -102, -104, -110, -114, -116,
-171), WAC 173-401, WAC 173-406, WAC 173-407, WAC 173-420,
((WAC 173-421, WAC 173-422)), WAC 173-425, WAC 173-430, WAC 173-433, WAC 173-434, WAC 173-435, WAC 173-450, WAC 173-460,
WAC 173-470, WAC 173-474, WAC 173-475, ((WAC 173-480)), WAC 173-481, WAC 173-490, WAC 173-491, WAC 173-492, WAC 173-495,
WAC 173-802, and WAC 197-11.
104.2 All provisions of the following federal rules that
are in effect as of ((July 1, 2005)) October 29, 2007 are
hereby adopted by reference and made part of the Regulation of
the NWCAA: 40 CFR Part 60 (Standards of Performance For New
Stationary Sources) subparts A, B, C, Cb, Cc, Cd, Ce, D, Da,
Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na,
O, P, Q, R, ((S,)) U, V, W, X, Y, Z, AA, AAA, ((BB,)) CC, DD,
EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW,
XX, AAA, BBB, DDD, FFF, GGG, HHH, III, JJJ, KKK, LLL, NNN,
OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, BBBB, CCCC,
DDDD, EEEE, FFFF, HHHH, IIII, KKKK and Appendix A - I; and 40
CFR Part 61 (National Emission Standards For Hazardous Air
Pollutants) Subparts A, B, C, D, E, F, H, J, L, M, N, O, P, V,
Y, BB, FF and 40 CFR Part 63 (National Emission Standards for
Hazardous Air Pollutants for Source Categories) Subparts A, B,
C, D, F, G, H, I, J, L, M, N, O, Q, R, T, U, W, X, Y, AA, BB,
CC, DD, EE, GG, HH, II, JJ, KK, OO, PP, QQ, RR, SS, TT, UU,
VV, XX, WW, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM,
NNN, OOO, PPP, QQQ, TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD,
EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN, OOOO,
PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, XXXX, YYYY,
ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH,
IIIII, JJJJJ, KKKKK, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, RRRRR,
SSSSS, TTTTT, DDDDDD, EEEEEE, FFFFFF, GGGGGG; and 40 CFR 72,
73, 74, 75, 76, 77 and 78 (Acid Rain Program).
Amended: April 14, 1993, September 8, 1993, December 8, 1993,
October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996,
March 13, 1997, May 14, 1998, November 12, 1998, November 12,
1999, June 14, 2001, July 10, 2003, July 14, 2005, November 8,
2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 106 - PUBLIC RECORDS
106.1 The purpose of this section is to implement the
requirements of RCW 42.56 Public Records. ((RCW 42.17.250 -- 42.17.320 (Public Disclosure Law -- Public Records)))
106.2 Definitions
106.21 The terms "agency", "public record", and "writing" shall have the same meaning as stated in RCW 42.17.020.
106.3 Public records available
106.31 All public records of the NWCAA are available for public inspection and copying at its office located at 1600 South Second Street, Mount Vernon, Washington 98273-5202 pursuant to these rules subject to subsections 106.32, 106.33, and 106.34 of this section.
106.32 Availability of public records is subject to
exemptions and requirements of RCW ((42.17.310)) 42.56.070.
106.33 When a public record includes information, the disclosure of which would lead to an unreasonable invasion of personal privacy, and the NWCAA becomes aware of this fact, the NWCAA shall delete such information before making the record available.
106.34 ((Public records requested may not be readily
available for immediate inspection. If the requested records
are not readily available, the NWCAA shall notify the
requester when such records will be available.)) Within 5 days
of receiving a public records request the NWCAA will respond
by either:
(a) Providing the records requested
(b) Acknowledging the request and providing a reasonable estimate of time the agency needs to respond to the request, or
(c) Denying the public request.
106.4 Records Index. The NWCAA does not maintain an
index of just the public records listed in RCW ((42.17.260))
42.56.070. The NWCAA's Board of Directors are of the opinion
that the establishment of such an index would be unduly
burdensome and interfere with the NWCAA's operation because a
significant and integral portion of the NWCAA's records are
exempt from public inspection and copying pursuant to RCW
((42.17.310)) 42.56.070. The release of such records would be
an unreasonable invasion of personal privacy or the violation
of the confidentiality of records and information provisions
of the State Clean Air Act (RCW 70.94.205).
The NWCAA is in substantive compliance with RCW
((42.17.260)) 42.56.070 by making available for public
inspection and copying public records listed in RCW
((42.17.260 (2)(a), (b), (c), (d), (e), and (f))) 42.56.070
(7)(a)(b), (8) and (9). These include promulgated regulations
of the NWCAA, final opinions made in adjudicated cases,
minutes and resolutions of the Board of Directors, monthly
activity reports, policy memorandums of the Control Officer,
logs of Notice of Violations issued, upset, breakdown and
startup reports, assessment of penalties, index of registered
sources, annual emission inventor((ies))y summaries and
summaries of ambient air monitoring data, annual state and
federal grant applications, including the annual program plan,
certification to operate, inspection reports for air pollution
sources, variance and notice of construction records with
confidential records and information deleted in accordance
with RCW 70.94.205.
The Control Officer or designee shall assist any person to obtain public records requested from the NWCAA's record files.
106.5 Request for public records.
106.51 All requests for inspection or copying ((made in
person at the NWCAA office)) of public records shall be made
on a form ((substantially)) as follows:
106.52 REQUEST FOR PUBLIC RECORDS
| Date: | Time: | |||||||||
| Name: | ||||||||||
| Address: | ||||||||||
| Telephone No.: | ||||||||||
| Time and date for inspection of records: | ||||||||||
| Description of records: | ||||||||||
| I certify that lists of individuals (( |
||||||||||
| Signature: | ||||||||||
| FOR NWCAA USE: | ||||||||||
| Number of Copies: | Number of Pages: | |||||||||
| Per Page Charge: | $ | Total Charge: | $ | |||||||
A request for inspection or copying of public records may
be made by mail ((in a letter)), email or fax containing the
following information:
(a) The name and address of the person making the request and the organization the person represents.
(b) The time of day and calendar date on which the person wishes to inspect the public records.
(c) A description of the public records requested.
(d) A statement whether access to copying equipment is desired.
(e) A phone number where the person can be reached in case the Control Officer or designee needs to contact the person for further description of the material or any other reason.
(f) A signed statement certifying that the person making
the request will not use, for commercial purposes, any
information which identifies an individual or individuals.
((A statement that the record will not be used for commercial
purposes.))
All requests ((by mail)) must be received by the NWCAA at
least three business days before the requested dat((a))e of
inspection to allow the Control Officer or designee to make
certain the requested records are available and not exempt
and, if necessary, to contact the person requesting
inspection.
((The NWCAA may, in its discretion, fill requests made by
telephone.))
106.6 Fees. No fee shall be charged for the inspection of public records. For printed, typed and written material a maximum size of 8 1/2" by 14", the NWCAA shall charge a reasonable fee, determined from time to time by the Control Officer, for providing copies of public records and for use of the NWCAA's copy equipment, payable at the time copies are furnished. This charge is the amount necessary to reimburse the NWCAA for its actual costs incident to such copying. Copies of maps, photos, reports, and other nonstandard items shall be furnished at the regular price established by the NWCAA. When other special copy work for nonstandard items is requested, the fee charged will reflect the total cost, including the time of NWCAA personnel.
106.7 Statement of reason for denial of public records request. When the NWCAA refuses, in whole or part, a written request for inspection of any public record, it shall include a statement of the specific exemption authorizing the refusal and a brief explanation of how the exemption applies to the record withheld.
106.8 Review((s)) of denials of public records request.
106.81 Any person who objects to the refusal of a written request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the Control Officer or designee which constituted or accompanied the refusal.
106.82 Immediately after receiving a written request for
review of a decision denying a public record, the Control
Officer or designee denying the request shall refer it to the
((Employer Committee of the)) NWCAA Board of Directors. The
((committee)) Board shall promptly consider the matter and
either affirm or reverse such refusal. The final decision
shall be sent to the objecting persons.
106.83 Whenever the agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request judicial review of the agency decision.
106.9 Protection of public records. In order to adequately protect the public records of the NWCAA, the following guidelines shall be adhered to by any person inspecting such public records:
106.91 No public records shall be removed from the NWCAA premises.
106.92 Inspection of any public record shall be conducted in the presence of a designated NWCAA employee.
106.93 No public records may be marked or defaced in any manner during inspection.
106.94 Public records, which are maintained in a file or jacket, or chronological order, may not be dismantled except for purposes of copying and then only by the Control Officer or designee.
106.95 Access to file cabinets, shelves, ((vaults,)) and
other storage areas is restricted to NWCAA personnel, unless
other arrangements are made with the Control Officer or
designee.
Passed: August 9, 1978
Amended: November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 113 - SERVICE OF NOTICE
113.1 Service of any written notice required by the
Regulation of the NWCAA shall be made on the owner, operator
((or lessee of equipment,)) or his registered agent, as
follows:
113.11 Either by mailing the notice ((in a prepaid
envelope directed to the owner or lessee of the equipment, or
his registered agent, at the address listed on his application
or order or registration certificate or at the address where
the equipment is located, by United States)) ((C))certified
((M))mail((,)) with return receipt requested; or
113.12 By ((leaving notice with the owner or lessee of
the equipment, or his registered agent, or if the owner or
lessee is not an individual, with a member of the partnership
or other group concerned, or with a managing officer or the
registered agent of the corporation under RCW 23 as now or
hereafter amended for domestic and foreign corporations
respectively.)) personal service.
((113.2 Service of any written notice required by the
Regulations of the NWCAA shall be made on the NWCAA as
follows:
113.21 Either by mailing the notice in a prepaid envelope directed to the NWCAA at its office by United States Certified Mail, return receipt requested; or
113.22 By leaving the notice at the NWCAA office with an employee of the NWCAA.))
113.((3))2 Any individual, owner, operator, ((lessee,
managing officer)) or registered agent of any business,
corporation or government ((the NWCAA)) coming under the
Regulations of the NWCAA may be required to submit evidence
that said person is authorized to sign and execute documents
on behalf of said corporation, business or government. ((the
NWCAA)).
Passed: January 8, 1969
Amended: February 14, 1973, November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 114 - CONFIDENTIAL INFORMATION
114.1 Whenever any records or other information other
than ambient air quality data or emission data furnished to or
obtained by the NWCAA, relates to processes or production
unique to the owner or operator, or are likely to affect
adversely the competitive position of such owner or operator
if released to the public or to a competitor, and the owner or
operator of such processes or production so certifies, such
records or information shall be only for the confidential use
of the NWCAA. ((Nothing herein shall be construed to prevent
the use of records or information by the NWCAA in compiling or
publishing analyses or summaries relating to the general
condition of the outdoor atmosphere: PROVIDED, that such
analyses or summaries do not reveal any information otherwise
confidential under the provisions of this section: PROVIDED
FURTHER, that emission data furnished to or obtained by the
Board shall be correlated with applicable emission limitations
and other control measures and shall be available for public
inspection during normal business hours at offices of the
Board.))
114.2 Nothing herein shall be construed to prevent the use of records or information by the NWCAA in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere: provided, that such analyses or summaries do not reveal any information otherwise confidential under the provisions of this section: provided further, that emission data furnished to or obtained by the Board shall be correlated with applicable emission limitations and other control measures and shall be available for public inspection during normal business hours at the office of the NWCAA.
Passed: January 8, 1969
Amended: October 1, 1969, January 8, 1970, February 14, 1973, July 11, 1973, April 14, 1993, March 13, 1997, November 8, 2007
AMENDATORY SECTION
SECTION 120 - HEARINGS
120.1 The Board shall retain authority to hold hearings,
issue subpoenas for witnesses and evidence, and take testimony
under oath and do all things not prohibited by or in a
conflict with state law, in any hearing held under the
Regulations of the NWCAA.
120.11 The Board shall admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. The Board shall give effect to the rules of privilege recognized by law. The Board shall exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
120.12 All evidence, including but not limited to records, and documents in the possession of the Board of which it desired to avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
120.13 Every party shall have the right to cross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence.
120.14 The Board may take notice of judicially cognizable facts and in addition may take notice of general, technical, or scientific facts within their specialized knowledge. Parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed. The Board may utilize their experience, technical competence, and their specialized knowledge in the evaluation of the evidence presented to them.
120.2 Any hearings held under this section, under the
Washington Clean Air Act (RCW 70.94(() or RCW 43.21A)) and
43.21B) shall be pursuant to the provisions of RCW 34.05 as
now or hereafter amended.
Passed: January 8, 1969
Amended: July 8, 1970, February 14, 1977, April 14, 1993, November 8, 2007
AMENDATORY SECTION
SECTION 121 - ORDERS
121.1 If the Board or Control Officer has reason to
believe that any provision of this Regulation has been
violated, the Board or Control Officer, may, in addition to
any other remedy of law, issue an order, or orders, that the
necessary corrective action be taken within a reasonable time.
Such order or orders may advise methods for the prevention,
abatement or control of the emission involved for taking of
such other corrective actions as may be appropriate. Any
order or orders issued as a part of a notice or independently
may prescribe the date or dates by which the violation or
violations shall cease and may prescribe time schedules for
necessary action in preventing, abating or controlling the
emissions, and shall be reported to the Board at its next
regular meeting.
121.2 In lieu of an order the Board may hold a hearing to
determine if a violation has occurred or is occurring and
((is)) if a finding is made that a violation has occurred may
issue an order under Section 121.1 of this Regulation.
121.3 In lieu of an order the Board or Control Officer
may require that the alleged violator or violators appear
before the ((Hearings)) NWCAA ((b))Board pursuant to
((S))state ((L))law.
121.4 Any orders issued by the Board or Control Officer are subject to appeal under Section 122 of this Regulation and RCW 43.21.b.
Passed: January 8, 1969
Amended: July 8, 1970, February 14, 1973, November 8, 2007
Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 122 - APPEALS FROM ORDERS OR ((VIOLATIONS)) FORMAL ENFORCEMENT ACTION
122.1 Any order ((or notice)) issued by the Board or
Control Officer shall become final unless, no later than
thirty (30) days after the date that ((notice and)) the order
((are)) is served, the person aggrieved by the order ((or
notice of violation)) appeals to the Pollution Control
Hearings Board as provided by ((S))state ((L))law.
122.2 ((Any order issued by the)) The final decision and
order of the Pollution Control Hearings Board after a hearing
shall become final unless no later than thirty (30) days after
the issuance of such order, a petition requesting judicial
review is filed in ((accordance with the provisions Chapter 34
RCW as now or hereafter amended. When such a petition is
filed, the)) Superior Court ((shall initiate a hearing
pursuant to)) in accordance with RCW 34.05. ((within ninety
(90) days after the receipt of the petition requesting
judicial review. Every appeal from a decision of the Superior
Court shall be heard by the appropriate appellate court as
soon as possible. Such appeal shall be considered a case
involving issues of broad public import requiring prompt and
ultimate determination.))
PASSED: January 8, 1969 Amended: July 8, 1970, July 10, 2003,
November 8, 2007
Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 123 - STATUS OF ORDERS ON APPEAL
123.1 ((An)) Any order ((of the)) issued by the Board or
Control Officer ((issued)) under the NWCAA Regulation ((of))
Section 121 may be appealed. ((Such appeal must be filed with
the Pollution Control Hearings Board and served on the NWCAA
within 30 days after mailing of the order. This is the
exclusive means of appeal of such an order.))
123.2 ((The order)) Any order issued by the Board or
Control Officer, under appeal in accordance with RCW 43.21B
shall remain in effect during the pendency of such appeal
unless the Board or Control Officer, at their discretion,
issues a((n)) ((Order staying the effectiveness of the
original order)) Stay of the original order.
123.3 The appellant may also apply to the Pollution Control Hearings Board at any time for a stay of such order per RCW 43.21B.320.
123.4 Such notice of appeal to the Pollution Control Hearings Board must contain the following information:
(a) The appellant's name and address;((.))
(b) The date and ((docket)) number of the order((,)) or
permit ((or license)) that is subject to the appeal;((.))
(c) Description of the substance of the order((,)) or
permit ((or license)) that is the subject of the appeal;((.))
(d) A clear, separate and concise statement of each error
alleged to have been committed;((.))
(e) A clear, separate and concise statement of facts upon
which the appellant relies to sustain the statements of
error((.)); and
(f) A statement setting forth the relief sought.
123.5 The Board or Control Officer may request the
attorney for the NWCAA to bring action in Superior Court((,
and attorney, upon request, shall bring an action in Superior
Court of the county where the violation has occurred, or the
violation may occur,)) to obtain any such relief as is
necessary to insure compliance with said order, including
injunctive relief.
No bond shall be required from the NWCAA as a condition of granting any restraining order or temporary injunction.
Passed: January 8, 1969
Amended: July 8, 1970, February 14, 1973, November 15, 1988, November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 131 - ((VIOLATION - NOTICES)) NOTICE TO VIOLATORS
131.1 If the Board or Control Officer has reason to
believe that a violation of this Regulation has occurred or is
occurring, the Board, Control Officer, or duly authorized
representative may cause written notice of violation to be
served upon the alleged violator. The notice shall summarize
((and)) the facts alleged to constitute a violation.
((thereof)). Written notice shall be served at least thirty
days prior to the commencement of the imposition of a penalty
under RCW 70.94.430 and 70.94.431.
131.2 The Board, Control Officer, or duly authorized representative upon issuance of notice of violation may do any or all of the following:
131.21 Require that the alleged violator respond in writing or in person within thirty (30) days of the notice and specify the corrective action being taken.
131.22 Issue an order pursuant to Section 121 of this Regulation.
131.23 Initiate action pursuant to Sections 132, 133, 134 and 135 of this Regulation.
131.24 Hold a hearing pursuant to Section 120 of this Regulation.
131.25 Require the alleged violator or violators appear before the Board.
131.26 Avail itself of any other remedy provided by law.
131.3 Failure to respond as required in Section 131.21 shall constitute a prima facie violation of this Regulation and the Board or Control Officer may initiate action pursuant to Sections 132, 133, 134, 135 of this Regulation.
((131.4 Any suspended civil penalty, issued under Section
133 of this Regulation, which is issued as part of a violation
shall be applicable in future penalties against the same
person for not more than five years from the date of the same
suspension. After five years the suspended portion of the
Penalty shall be considered void and of no force or effect,
appeals notwithstanding.))
Amended: April 14, 1993, March 13, 1997, July 14, 2005,
November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 132 - CRIMINAL PENALTY
132.1 Any person who knowingly violates any of the
provisions of Chapter 70.94 RCW or 70.120 RCW, or any
ordinance, resolution, or regulation in force pursuant
thereto, including the Regulation of the NWCAA, shall be
guilty of a ((crime)) gross misdemeanor and upon conviction
thereof shall be punished by a fine of not more than ten
thousand dollars (10,000) per day per violation, or by
imprisonment in the county jail for not more than one year, or
by both.
132.2 Any person who negligently releases into the
ambient air any substance listed by the Department of Ecology
as a hazardous air pollutant, other than in compliance with
the terms of an applicable permit or emission limit, and who
at the time negligently places another person in imminent
danger of death or substantial bodily harm shall be guilty of
a ((crime)) gross misdemeanor and shall, upon conviction
thereof shall be punished by a maximum fine of not less than
ten thousand dollars ($10,000) per day per violation, or by
imprisonment for not more than one year, or both.
132.3 Any person who knowingly releases into the ambient
air any substance listed by the Department of Ecology as a
hazardous air pollutant, other than in compliance with the
terms of an applicable permit or emission limit, and who knows
at the time that he or she thereby places another person in
imminent danger of death or substantial bodily harm, shall be
guilty of a ((crime)) class C felony and shall, upon
conviction thereof shall be punished by a maximum fine of not
less than fifty thousand dollars, or by imprisonment for not
more than ((one)) five years, or both.
132.4 Any person who knowingly fails to disclose a
potential conflict of interest under RCW 70.94.100 shall be
guilty of a gross misdemeanor, and upon conviction thereof
shall be punished by a maximum fine of not ((less)) more than
five thousand dollars.
132.5 Any person who knowingly renders inaccurate any
required monitoring device or method ((as)) required by RCW 70.94, or any ordinance, resolution, or regulation in force
pursuant thereto, ((40 CFR 70.11 (a)(3)(iii))) shall be guilty
of a crime and upon conviction ((thereof)) shall be punished
by a fine of not less than ten thousand dollars ($10,000) per
day per violation.
132.6 Any person who knowingly makes any false material
statement, representation, or certification in any form, in
any notice or report ((required by a permit as)) required by
RCW 70.94, or any ordinance, resolution, or regulation ((40
CFR 70.11 (a)(3)(iii))) shall be guilty of a crime and upon
conviction thereof shall be punished by a maximum fine of not
less than ten thousand dollars ($10,000) per day per
violation.
Passed: January 6, 1969
Amended: April 14, 1993, October 13, 1994, March 13, 1997, November 8, 2007
AMENDATORY SECTION
SECTION 133 - CIVIL PENALTY
133.1 In addition to or as an alternate to any other
penalty provided by law, any person who violates any of the
provisions of Chapter 70.94 RCW, Chapter 70.120 RCW, any of
the rules in force under such chapters, including the
Regulation of the Northwest Clean Air Agency shall be liable
for a civil penalty in an amount of not more than ((fourteen
thousand five hundred dollars ($14,500))) fifteen thousand
dollars ($15,000) per day per violation. Each violation shall
be a separate and distinct offense, and in the case of a
continuing violation, each day's continuance shall be a
separate and distinct violation.
Any person who fails to take action as specified by an
order shall be liable for a civil penalty of not more than
((fourteen thousand five hundred dollars ($14,500))) fifteen
thousand dollars ($15,000) for each day of continued
noncompliance.
133.2 ((Each act of commission or omission which
procures, aids or abets in the violation shall be considered a
violation under the provisions of this section and subject to
the same penalty.)) The penalty shall become due and payable
((when the person incurring the same receives)) 30 days after
a notice is served ((in writing from the Control Officer of
the NWCAA describing the violation with reasonable
particularity and advising such person that the penalty is
due)) unless ((a request is made for a hearing to)) an appeal
is filed with the Pollution Control Hearings Board (PCHB).
((Within thirty days after the notice is received, the person
incurring the penalty may apply in writing to the Control
Officer for the remission or mitigation of the penalty. Upon
receipt of the application the Control Officer shall remit or
mitigate the penalty only upon a demonstration of
extraordinary circumstance such as the presence of information
or factors not considered in setting the original penalty. If
the amount of such penalty is not paid to the NWCAA within
thirty (30) days after receipt of notice imposing the same and
request for a hearing has not been made, the attorney for the
NWCAA, upon the request of the Control Officer, shall bring an
action to recover such penalty in the Superior Court of Skagit
County or of the County in which the violation occurred. All
penalties recovered under this section by the Board shall be
paid unto the treasury of the NWCAA and credited to its
funds.))
((To secure the penalty incurred under this Section, the
NWCAA shall have a lien on any vessel used or operated in
violation of this act which shall be enforced as provided in
RCW 60.36.050.))
133.21 Within thirty days after the Notice is served, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Upon receipt of the application the Control Officer shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstance such as the presence of information or factors not considered in setting the original penalty.
133.22 If such penalty is not paid to the NWCAA within thirty (30) days after such payment is due, the Board or Control Officer may direct the attorney for the NWCAA to bring an action to recover the penalty in Superior Court.
133.23 Any judgment shall bear interest as provided by statute until satisfied.
133.3 Penalties incurred but not paid shall accrue
interest, beginning on the ninety-first day following the date
that the penalty becomes due and payable, at the highest rate
allowed by RCW 19.52.020. ((on the date that the penalty
becomes due and payable.)) If ((violations or)) penalties are
appealed, interest shall not begin to accrue until the
thirty-first day following final resolution of the appeal.
The maximum penalty amounts established in this section
may be increased annually to account for inflation as
determined by the ((s)S)tate ((o))Office of the ((e))Economic
and ((r))Revenue ((f))Forecast ((c))Council.
133.4 In addition to other penalties provided, persons knowingly under-reporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments, may be subject to a penalty equal to three times the amount of the original fee owed.
133.5 The suspended portion of any civil penalty, issued under Section 133 of this Regulation, shall be due and payable in the event of future penalties against the same person within five years from the date of the same suspension. After five years the suspended portion of the Penalty shall be considered void and of no force or effect.
Passed: January 8, 1969
A((MENDED))mended: November 14, 1984, April 14, 1993,
September 8, 1993, October 13, 1994, February 8, 1996,
November 12, 1998, November 12, 1999, June 14, 2001, July 10,
2003, July 14, 2005, November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
[AMENDATORY SECTION]
SECTION 135 - ASSURANCE OF DISCONTINUANCE ((ADDITIONAL ENFORCEMENT - COMPLIANCE SCHEDULES))
135.1 ((As an additional means of enforcing the
Regulations of t))The NWCAA ((the Board or Control Officer))
may accept an assurance of discontinuance of any act or
practice deemed in violation of these Regulations from any
person engaging in, or who has engaged in, such an act or
practice. Any such assurance shall specify a time limit
during which such discontinuance is to be accomplished.
Failure to perform the terms of any such assurance shall
constitute prima facie proof of a violation of these
Regulations or an order ((and/or violation)) issued ((pursuant
thereto)) which makes the practice unlawful for the purpose of
securing an((y)) injunction or other relief from the Superior
Court as provided in Section 134.
((135.2 Any assurance of discontinuance or other
compliance schedule shall specify, if appropriate, the amount
of time required within the overall time limit to accomplish
each of the following:
135.21 When plans for compliance will be filed with the NWCAA.
135.22 When a notice of construction will be filed with the NWCAA.
135.23 When the necessary equipment will be ordered and verification that an order has been placed and when delivery of the equipment is expected.
135.24 When the equipment will be installed.
135.25 When the equipment will be tested for compliance with the Regulations)).
Passed: January 8, 1969
Amended: February 14, 1973, August 9, 1978, November 8, 2007
Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION
SECTION 150 - POLLUTANT DISCLOSURE - REPORTING BY AIR CONTAMINANT SOURCES
150.1 Every person operating a registered air contaminant
source with actual annual emissions of 25 tons or more of a
single air pollutant or a source subject to the operating
permit program shall file annually at a time determined by the
NWCAA and on forms furnished by the NWCAA a report setting
forth:
150.11 The nature of the enterprise.
150.12 A list of process materials which are potentially significant sources of emissions used in, and incidental to, its manufacturing processes, including by-products and waste products.
150.13 The estimated calendar year emissions of each
criteria air pollutant, hazardous air pollutant, volatile
organic compound (VOC). Every person filing an annual
emissions inventory shall retain at the facility the
calculations and emission factors used to obtain the
estimates. ((annual total production of wastes discharged into
the air in units and contaminants designated by the NWCAA.))
150.14 Annual calendar year emission reports shall be
submitted to the NWCAA by no later than April 15 of the
following year (e.g., 2010 emission report is due April 15,
2011). ((within 105 days after the end of the previous
calendar year.)) If the emission report is not submitted by
the required date and the emissions are used to determine
operating permit fees as described in Section 322.4, ((then))
potential to emit may ((will)) be used to determine said fees.
150.2 Every person operating a registered source other
than those identified in 150.1 may be required by the Control
Officer to submit periodic emission reports ((based on the
nature and amount of pollutants emitted)).
150.3 Every person operating ((Notwithstanding any
exemptions under these Regulations or State or Federal laws)),
any source or sources which directly or indirectly emits or
contributes air contaminants ((to)) within the jurisdictional
area of the NWCAA may be required to report ((annually)) to
the Control Officer, at a time or times, selected by the
Control Officer, ((and on forms provided by the Control
Officer,)) such as ((emission)) production rates, ((or)) sales
or other data (including quantities of products used or any
other information) ((and quantities)) as may be required to
estimate the emissions from the various air contaminant
sources. Data will be held confidential under Section 114 if
so requested ((stipulated)) by the owner or manager and such
request meets the requirements of Section 114 ((same)). Such
sources include, but are not limited to, dealers in gaseous
liquid or solid fossil fuels for public consumption in motor
vehicles or for space heating purposes.
Passed: February 14, 1973
Amended: September 8, 1993, December 8, 1993, November 12, 1999, November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 200 - DEFINITIONS
ACTUAL EMISSIONS - The actual rate of emissions of a
pollutant from an emission unit, as determined in accordance
with a) through c) of this definition.
a) In general, the actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal stationary source operation. The NWCAA shall allow the use of a different time period upon a determination by the NWCAA that it is more representative of normal stationary source operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
b) The NWCAA may presume that stationary source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.
c) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the emissions unit on that date.
ADVERSE IMPACT ON VISIBILITY - Adverse impact on visibility is defined in WAC 173-400-117.
((AGRICULTURAL OPERATION - The growth of crops, the raising of
fowl, animals or bees as a gainful occupation.))
CONTROL OFFICER - Air Pollution Control Officer of the NWCAA, also known as Director.
((FIELD GRASSES - Canary grass, broomegrass, oatgrass,
timothy, ryegrass, wheatgrass, and orchard grass planted for
seed production.))
HAZARDOUS AIR POLLUTANT (HAP) - any air pollutant listed in or pursuant to section 112(b) of the federal Clean Air Act, 42 U.S.C. §7412.
((MERCURY CHLOR-ALKALI CELL - A device which is basically
composed of an electrolyzer section and a denuder (decomposer)
section and utilizes mercury to produce chlorine gas, hydrogen
gas, and alkali metal hydroxide.))
PREVENTION OF SIGNIFICANT DETERIORATION (PSD) - The program in WAC 173-400-720 through -750((141)).
STATE ACT - Washington Clean Air Act (RCW 70.94) and ((RCW 43.21A and)) 43.21B.
((TURF GRASSES - All blue grasses, fescues, and bentgrass
planted for seed production.))
WASHINGTON ADMINISTRATIVE CODE (WAC) - Regulations of executive branch agencies in the state of Washington, such as the Department of Ecology.
AMENDED: October 13, 1982, November 14, 1984, April 14, 1993,
October 13, 1994, February 8, 1996, May 9, 1996, March 13,
1997, November 12, 1998, June 14, 2001, July 10, 2003, July
14, 2005, November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 300 - NEW SOURCE REVIEW
300.1 A Notice of Construction and/or PSD permit
application must be filed by the owner or operator and an
Order of Approval and/or PSD permit issued by the NWCAA, or
other designated permitting agency, prior to the establishment
of any new source, except for:
a) Those stationary sources exempt under NWCAA 300.4 (categorical) or NWCAA 300.5 (emission thresholds); and
b) Relocation of any temporary source operating in accordance with NWCAA Section 301.
For purposes of this section "establishment" shall mean to "begin actual construction", as that term is defined in NWCAA Section 200, and "new source" shall include any "modification" to an existing "stationary source", as those terms are defined in NWCAA Section 200.
300.2 Regardless of any other subsection of this section, a Notice of Construction or PSD permit application must be filed and an order of approval or PSD permit issued by the NWCAA prior to establishment of any of the following new sources:
a) Any project that qualifies as construction,
reconstruction or modification of an affected facility, within
the meaning of 40 CFR Part 60 (New Source Performance
Standards), except Subpart ((Part)) AAA((,)) (Wood stoves) and
such provisions of Subpart IIII pertaining to owners and
operators of emergency stationary compression ignition
internal combustion engines (((in effect on February 20,
2001)));
b) Any project that qualifies as a new or modified source
within the meaning of 40 CFR 61.02 (National Emission
Standards for Hazardous Air Pollutants) ((in effect on
February 20, 2001))), except for asbestos demolition and
renovation projects subject to 40 CFR 61.145;
c) Any project that qualifies as a new source within the
meaning of 40 CFR 63.2 (National Emission Standards for
Hazardous Air Pollutants for Source Categories), except
Subpart M (Dry Cleaning Facilities) pertaining to area source
perchloroethylene dry cleaners, and Subpart ZZZZ pertaining to
emergency and limited-use stationary reciprocating internal
combustion engines (((in effect on February 20, 2001)));
d) Any project that qualifies as a new major stationary source, or a major modification;
e) Any modification to a stationary source that requires an increase either in a plant-wide cap or in a unit specific emission limit.
300.3 New source review of a modification shall be limited to the emission unit or units proposed to be added to an existing stationary source or modified and the air contaminants whose emissions would increase as a result of the modification; provided, however, that review of a major modification must comply with WAC 173-400-112 and/or 173-400-113, as applicable.
300.4 Emission unit and activity exemptions.
Except as provided in NWCAA 300.1 and 300.2 of this section, establishment of a new emission unit that falls within one of the categories listed below is exempt from new source review. Modification of any emission unit listed below is exempt from new source review, provided that the modified unit continues to fall within one of the listed categories. The installation or modification of a unit exempt under this subsection does not require the filing of a Notice of Construction application.
a) Maintenance/construction:
1) Cleaning and sweeping of streets and paved surfaces;
2) Concrete application, and installation;
3) Dredging wet spoils handling and placement;
4) Paving application and maintenance, excluding asphalt plants;
5) Plant maintenance and upkeep activities (grounds keeping, general repairs, routine house keeping, routine plant painting, welding, cutting, brazing, soldering, plumbing, retarring roofs, etc.);
6) Plumbing installation, plumbing protective coating application and maintenance activities;
7) Roofing application;
8) Insulation application and maintenance, excluding products for resale;
9) Janitorial services and consumer use of janitorial products.
b) Storage tanks:
Note: It can be difficult to determine requirements for storage tanks therefore it is recommended that the owner or operator contact the NWCAA to determine the exemption status of storage tanks prior to their installation.
1) Lubricating oil storage tanks except those facilities that are wholesale or retail distributors of lubricating oils;
2) Polymer tanks and storage devices and associated pumping and handling equipment, used for solids dewatering and flocculation;
3) Storage tanks, reservoirs, pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions;
4) Process and white water storage tanks;
5) Operation, loading and unloading of storage tanks and storage vessels, with lids or other appropriate closure and less than 260 gallon capacity (35 cft);
6) Operation, loading and unloading of storage tanks, less than or equal to 1100 gallon capacity, with lids or other appropriate closure, not for use with materials containing toxic air pollutants, as defined in chapter 173-460 WAC, max. VP 550 mm Hg @21° C;
7) Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas with a vessel capacity less than 40,000 gallons;
8) Tanks, vessels and pumping equipment, with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases and acids.
c) A project with combined aggregate heat input capacity
((of)) from combustion units, less than or equal to any
((all)) of the following:
1) Less than or equal to 500,000 Btu/hr ((using)) coal
with less than or equal to 0.5% sulfur or other fuels with
less than or equal to 0.5% sulfur;
2) Less than or equal to 500,000 Btu/hr used oil, per the requirements of RCW 70.94.610;
3) Less than or equal to 400,000 Btu/hr wood waste or paper;
4) Less than 1,000,000 Btu/hr ((using)) kerosene, #1, or
#2 fuel oil and with less than or equal to 0.05% sulfur;
5) Less than or equal to ((4))10,000,000 Btu/hr ((using))
natural gas, propane, or LPG.
Note: the heat input capacity of each combustion unit shall be based on the higher heating value of fuel to be used.
d) Material handling:
1) Continuous digester chip feeders;
2) Grain elevators not licensed as warehouses or dealers by either the Washington State Department of Agriculture or the U.S. Department of Agriculture;
3) Storage and handling of water based lubricants for metal working where organic content of the lubricant is less than or equal to 10%;
4) Equipment used exclusively to pump, load, unload, or store high boiling point organic material in tanks less than one million gallon, material with initial atmospheric boiling point not less than 150°C or vapor pressure not more than 5 mm Hg @21°C, with lids or other appropriate closure.
e) Water treatment:
1) Septic sewer systems, not including active wastewater treatment facilities;
2) NPDES permitted ponds and lagoons used solely for the purpose of settling suspended solids and skimming of oil and grease;
3) De-aeration (oxygen scavenging) of water where toxic air pollutants as defined in chapter 173-460 WAC are not emitted;
4) Process water filtration system and demineralizer vents;
5) Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems;
6) Demineralizer tanks;
7) Alum tanks;
8) Clean water condensate tanks.
f) Environmental chambers and laboratory equipment:
1) Environmental chambers and humidity chambers not using toxic air pollutant gases, as regulated under chapter 173-460 WAC;
2) Gas cabinets using only gases that are not toxic air pollutants regulated under chapter 173-460 WAC;
3) Installation or modification of a single laboratory fume hood;
4) Laboratory calibration and maintenance equipment.
g) Monitoring/quality assurance/testing:
1) Equipment and instrumentation used for quality control/assurance or inspection purpose;
2) Hydraulic and hydrostatic testing equipment;
3) Sample gathering, preparation and management;
4) Vents from continuous emission monitors and other analyzers.
h) Dry Cleaning: Unvented, dry-to-dry, dry-cleaning equipment that is equipped with refrigerated condensers and carbon absorption to recover the cleaning solvent.
i) Emergency Stationary Compression Ignition (CI) Internal Combustion Engines (ICE): Any stationary internal combustion engine whose operation is limited to emergency situations and required testing and maintenance and operating less than 500 hours a year. Examples include stationary ICE used to produce power for critical networks or equipment (including power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is interrupted, or stationary ICE used to pump water in the case of fire or flood, etc. Stationary CI ICE used to supply power to an electric grid or that supply power as part of a financial arrangement with another entity are not considered to be emergency engines.
j) ((h)) Miscellaneous:
1) Single-family residences and duplexes;
2) Plastic pipe welding;
3) Primary agricultural production activities including soil preparation, planting, fertilizing, weed and pest control, and harvesting;
4) Comfort air conditioning;
5) Flares used to indicate danger to the public;
6) Natural and forced air vents and stacks for bathroom/toilet activities;
7) Personal care activities;
8) Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;
9) Tobacco smoking rooms and areas;
10) Noncommercial smokehouses;
11) Blacksmith forges for single forges;
12) Vehicle maintenance activities, not including vehicle surface coating;
13) Vehicle or equipment washing (see c) of this subsection for threshold for boilers);
14) Wax application;
15) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment not including internal and external combustion equipment;
16) Ozone generators and ozonation equipment;
17) Solar simulators;
18) Ultraviolet curing processes, to the extent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted;
19) Electrical circuit breakers, transformers, or switching equipment installation or operation;
20) Pulse capacitors;
21) Pneumatically operated equipment, including tools and hand held applicator equipment for hot melt adhesives;
22) Fire suppression equipment;
23) Recovery boiler blow-down tank;
24) Screw press vents;
25) Drop hammers or hydraulic presses for forging or metal working;
26) Production of foundry sand molds, unheated and using binders less than 0.25% free phenol by sand weight;
27) Kraft lime mud storage tanks and process vessels;
28) Lime grits washers, filters and handling;
29) Lime mud filtrate tanks;
30) Lime mud water;
31) Stock cleaning and pressurized pulp washing down process of the brown stock washer;
32) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities and transportation marketing facilities;
33) Nontoxic air pollutant, as defined in chapter 173-460 WAC, solvent cleaners less than 10 square feet air-vapor interface with solvent vapor pressure not more than 30 mm Hg @21°C;
34) Surface coating, aqueous solution or suspension containing less than or equal to 1% (by weight) VOCs, and/or toxic air pollutants as defined in chapter 173-460 WAC;
35) Cleaning and stripping activities and equipment using solutions having less than or equal to 1% VOCs (by weight); on metallic substances, acid solutions are not exempt;
36) Dip coating operations, using materials less than 1% VOCs (by weight) and/or toxic air pollutants as defined in chapter 173-460 WAC.
300.5 Exemptions Based on Emissions Thresholds
a) Except as provided in NWCAA 300.1 and 300.2 of this section and in this subsection:
1) A new emissions unit that has an uncontrolled potential to emit below each of the threshold levels listed in the table contained in (d) of this subsection is exempt from new source review provided that the conditions of (b) of this subsection are met.
2) A modification to an existing emissions unit that increases the unit's actual emissions by less than each of the threshold levels listed in the table contained in (d) of this subsection is exempt from new source review provided that the conditions of (b) of this subsection are met.
b) The owner or operator seeking to exempt a project from new source review under this section shall notify, and upon request, file a brief project summary with the NWCAA thirty (30) days prior to beginning actual construction on the project. If the NWCAA determines that the project will have more than a de Minimus impact on air quality as defined in 300.5 d), the NWCAA shall require the filing of a Notice of Construction or PSD permit application. The NWCAA may require the owner or operator to demonstrate that the emissions increase from the new emissions unit is smaller than all of the thresholds listed below. In accordance with NWCAA 324.2, a filing and NOC applicability determination fee shall apply when the NWCAA issues a written determination that a project is exempt for new source review.
c) The owner or operator may begin actual construction on the project thirty-one (31) days after the NWCAA receives the project summary, unless the NWCAA notifies the owner or operator within thirty (30) days that the proposed new source requires a Notice of Construction or PSD permit application.
d) Exemption threshold table:
POLLUTANT THRESHOLD LEVEL (ton per year)
1) Total Suspended Particulates: 1.25
2) PM-10: 0.75
3) Sulfur Oxides: 2.0
4) Nitrogen Oxides: 2.0
5) Volatile Organic Compounds: total 2.0
6) Carbon Monoxide: 5.0
7) Lead: 0.005
8) Ozone Depleting Substances: total 1.0 (in effect on July 1, 2000)
9) Toxic Air Pollutants: as specified in chapter 173-460 WAC.
300.6 The Control Officer may require that a new source, that would otherwise be exempt under this section, submit a Notice of Construction application and be granted approval as specified in this section. This discretionary determination shall be based on the nature of air pollution emissions from the stationary source and its potential effect on health, economic and social factors, or physical effects on property. Upon request, the proponent shall submit to the Control Officer, appropriate information as necessary to make this determination.
300.7 Notice of Construction - Submittal Requirements
Each Notice of Construction application shall:
a) be submitted on forms provided by the NWCAA;
b) be accompanied by the appropriate fee specified in NWCAA 324.2;
c) be accompanied by a completed State Environmental
Policy Act (SEPA) checklist consistent with ((WAC 197-10-365
and NWCAA Section 312)) WAC 197-11; and
d) include a "top down" BACT analysis, as defined at the time of submittal, except where the Federal Clean Air Act requires LAER; and
e) An applicant filing a Notice of Construction application for a project described in WAC 173-400-117(2), Special protection requirements for Class I areas, shall send a copy of the application to the responsible federal land manager.
300.8 Notice of Construction - Completeness Determination.
a) Within thirty (30) days after receiving a Notice of Construction or PSD permit application, the NWCAA shall either notify the applicant in writing that the application is complete or notify the applicant in writing of additional information necessary to complete the application.
b) For a project subject to the Special protection requirements for federal Class I areas in WAC 173-400-117(2), a completeness determination includes a determination that the application includes all information required for review of that project under WAC 173-400-117(3).
c) For a project subject to PSD review under WAC 173-400-720 through -750((141)), a completeness determination
includes a determination that the application provides all
information required to conduct the PSD review.
300.9 Notice of Construction - Final Determination
a) Within sixty (60) days of receipt of a complete Notice of Construction or PSD permit application, the NWCAA shall either issue a final decision on the application or initiate public notice under NWCAA Section 305 on a proposed decision, followed as promptly as possible by a final decision.
b) A person seeking approval to construct or modify a
stationary source that requires an operating permit may elect
to integrate review of the operating permit application or
amendment required under RCW 70.94.161 and the Notice of
Construction or PSD permit application required by this
section. A Notice of Construction or PSD permit application
designated for integrated review shall be processed in
accordance with operating permit program procedures and
deadlines in chapter 173-401 WAC. A PSD permit application
under WAC 173-400-720 through -750((141)), a notice of
nonattainment area construction application for a major
modification in a nonattainment area, or a Notice of
Construction application for a major stationary source in a
nonattainment area must also comply with WAC 173-400-171.
c) Every final determination on a Notice of Construction or PSD permit application shall be reviewed and signed prior to issuance by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the NWCAA.
d) If the new source is a major stationary source or the change is a major modification, the application shall be processed in accordance with the applicable sections of WAC 173-400-112, 113, 117 and 171. The permitting agency shall:
1) Submit any control technology determination included in a final Order of Approval or PSD permit to the RACT/BACT/LAER clearinghouse maintained by EPA; and
2) Send a copy of the final Order of Approval or PSD permit to EPA.
300.10 Order of Approval - Appeals
An Order of Approval or PSD permit, any conditions
contained in an Order of Approval or PSD permit, or the denial
of a Notice of Construction or PSD permit application may be
appealed to the ((p))Pollution ((c))Control ((h))Hearings
((b))Board as provided in chapter 43.21B RCW. The NWCAA shall
promptly mail copies of each order approving or denying a
Notice of Construction or PSD permit application to the
applicant and to any other party who submitted timely comments
on the application, along with a notice advising parties of
their rights of appeal to the ((p))Pollution ((c))Control
((h))Hearings ((b))Board.
300.11 Order of Approval - Time Limitations.
An Order of Approval or PSD permit becomes invalid if construction is not commenced within eighteen months after receipt of the approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable time. The NWCAA may extend the eighteen-month period upon a satisfactory showing that an extension is justified. An extension for a project operating under a PSD permit must also comply with public notice requirements in WAC 173-400-171. This provision does not apply to the time period between construction of the approved phases of a phased construction project. Each phase must commence construction within eighteen months of the projected and approved commencement date.
300.12 Order of Approval - Change of Conditions.
a) The owner or operator may request, at any time, a change in conditions of an Order of Approval or PSD permit and the NWCAA may approve the request provided the NWCAA finds that:
1) The change in conditions will not cause the stationary source to exceed an emissions standard;
2) No ambient air quality standard or PSD increment will be exceeded as a result of the change;
3) The change will not adversely impact the ability of Ecology or the NWCAA to determine compliance with an emissions standard;
4) The revised order will continue to require BACT, as defined at the time of the original approval, for each new source approved by the order except where the Federal Clean Air Act requires LAER; and
5) The revised order meets the requirements of this
section and WAC 173-400-110, 173-400-112, 173-400-113 and
173-400-720 through -750((141)), as applicable.
b) Actions taken under this subsection are subject to the public involvement provisions of NWCAA Section 305 or WAC 173-400-171 as applicable.
c) This rule does not prescribe the exact form such requests must take. However, if the request is filed as a Notice of Construction application, that application must be acted upon using the timelines found in NWCAA 300.8 and NWCAA 300.9 and the fee schedule found in NWCAA 324.
300.13 Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source.
a) Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source or emission unit shall file a Notice of Construction application with the NWCAA. Replacement or substantial alteration of control technology does not include routine maintenance, repair or similar parts replacement.
b) For projects not otherwise reviewable under NWCAA Section 300, the NWCAA may:
1) Require that the owner or operator employ RACT for the affected emission unit;
2) Prescribe reasonable operation and maintenance conditions for the control equipment; and
3) Prescribe other requirements as authorized by chapter 70.94 RCW.
c) Within thirty (30) days of receipt of a Notice of Construction application under this section the NWCAA shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application. Within thirty (30) days of receipt of a complete Notice of Construction application under this section the NWCAA shall either issue an Order of Approval or a proposed RACT determination for the proposed project.
d) Construction shall not "commence," as defined in NWCAA Section 200, on a project subject to review under this section until the NWCAA issues a final Order of Approval. However, any Notice of Construction application filed under this section shall be deemed to be approved without conditions if the NWCAA takes no action within thirty (30) days of receipt of a complete Notice of Construction application.
e) Approval to replace or substantially alter emission control technology shall become invalid if construction is not commenced within eighteen months after receipt of such approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable time. The NWCAA may extend the eighteen-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within eighteen months of the projected and approved commencement date.
300.14 Incorporation of State NSR Regulations
In order to facilitate complete implementation of this section, WAC 173-400-112, -113, -117, -560, -700, -710, -720, -730, -740, and -750 are hereby incorporated by reference.
300.15 Order of Approval - Requirements to Comply
It shall be unlawful for an owner or operator of a source or emission unit to not abide by the operating and reporting conditions in the Order of Approval.
PASSED: November 12, 1998 Amended: November 12, 1999, March 9, 2000, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 301 - TEMPORARY SOURCES
301.1 This section applies to temporary sources not
exempt under NWCAA 300.4 or 300.5, which locate temporarily at
sites within the jurisdiction of the NWCAA. Nonroad engines
regulated by this section are limited to those listed in a) 3)
of the definition of "nonroad engine" found in Section 200 of
this Regulation (i.e., those that are portable or
transportable, but operate in a stationary manner). The
regulation of nonroad engines under this section is subject to
the limitations as set forth in 40 CFR Appendix A to Subpart A
of 89 - State Regulation of Nonroad Internal Combustion
Engines.
301.2 The owner or operator of a temporary source shall be allowed to operate at a temporary location without filing a Notice of Construction application or, for nonroad engines, obtaining a regulatory order from the NWCAA providing that:
a) The owner or operator notifies the NWCAA each calendar year of the intent to operate within the jurisdiction of the NWCAA at least fifteen (15) days prior to starting operation and pays the appropriate fees identified in NWCAA Section 324.1;
b) The owner or operator notifies the NWCAA of the intent to relocate within the jurisdiction of the NWCAA at least fifteen (15) days prior to relocation;
c) The owner or operator supplies sufficient information to enable the NWCAA to determine that the operation will comply with all applicable air pollution rules and regulations;
d) The operation does not cause a violation of ambient air quality standards;
e) If the operation is in a nonattainment area, it shall not interfere with the scheduled attainment of ambient standards;
f) The temporary source operates in compliance with all applicable air pollution rules and regulations;
g) A temporary source that is considered a major
stationary source within the meaning of WAC 173-400-113 shall
also comply with the requirements in WAC 173-400-720 through
-750((141));
h) Except for nonroad engines, all temporary sources shall have a valid Order of Approval to Construct from an air quality permitting organization in the State of Washington. The temporary source shall operate in compliance with the conditions set forth in the Order of Approval to Construct. Any reports required by the Order of Approval to Construct shall be submitted to the NWCAA;
i) Permission to operate shall not exceed ninety (90) operating days in any calendar year anywhere within the jurisdiction of the NWCAA. The NWCAA may set specific conditions for operating during that time period. No source shall continue to operate beyond the allowable 90-day period unless an Order of Approval to Construct, or for nonroad engines, a regulatory order, has been issued by the NWCAA. For the purpose of this section, an operating day shall be considered any time equipment operates within a calendar day; and
j) Except for nonroad engines, based on the source type and emission quantity, temporary sources may be subject to new source review at the discretion of the Control Officer.
PASSED: November 12, 1998 Amended: March 9, 2000, June 14,
2001, July 10, 2003, July 14, 2005, November 8, 2007
AMENDATORY SECTION
SECTION 305 - PUBLIC INVOLVEMENT
305.2 Actions Requiring Public Notice and Comment Period
(A) The NWCAA shall provide public notice and a public comment period in accordance with 305.3 through 305.8 of this Section, before approving or denying any of the following types of applications or other actions:
(1) Any use of a modified or substituted air quality model, other than a guideline model in Appendix W of 40 CFR Part 51 (in effect on July 1, 2005) as part of review under Section 300 of this Regulation;
(2) Any order to determine Reasonably Available Control Technology (RACT);
(3) Any order to establish a compliance schedule or a variance;
(4) Any order to demonstrate the creditable height of a stack which exceeds the good engineering practice (GEP) formula height and sixty-five meters, by means of a fluid model or a field study, for the purposes of establishing an emission limitation;
(5) Any order to authorize an emissions bubble pursuant
to WAC 173-400-((131))120;
(6) Any regulatory order to establish or debit of emission reduction credits (ERC);
(7) Any order issued under WAC 173-400-091 that establishes limitations on a source's potential to emit;
(8) Any extension of the deadline to begin actual construction of a "major stationary source" or "major modification" in a nonattainment area;
(9) The original issuance and any revisions to a general Order of Approval issued under WAC 173-400-560;
(10) Any Notice of Construction application or other proposed action for which the NWCAA determines there is substantial public interest;
(11) Any Notice of Construction application or proposed Order of Approval to Construct revision that receives a request for a public comment period in accordance with 305.1 of this Section.
(12) Any Notice of Construction application or proposed Order of Approval to Construct revision that would result in a significant emissions increase defined as follows.
| Air Pollutant | Potential to Emit in Tons per Year | |
| Carbon Monoxide (CO) | 100.0 | |
| Volatile Organic Compounds (VOC) | 40.0 | |
| Sulfur Dioxide (SO2) | 40.0 | |
| Nitrogen Oxides (NOx) | 40.0 | |
| Particulate Matter (PM) | 25.0 | |
| Fine Particulate Matter (PM-10) | 15.0 | |
| Lead | 0.6 | |
| Fluorides | 3.0 | |
| Sulfuric Acid Mist (H2SO4) | 7.0 | |
| Hydrogen Sulfide (H2S) | 10.0 | |
| Total Reduced Sulfur (including H2S) | 10.0 | |
Passed: July 14, 2005
Amended: November 8, 2007
AMENDATORY SECTION
SECTION 324 - FEES
324.1 Annual Registration Fees
a) The NWCAA shall levy annual registration program fees as set forth in Section 324.1(c) to cover the costs of administering the registration program.
b) Upon assessment by the NWCAA, registration fees are due and payable. A source shall be assessed a late penalty in the amount of twenty-five percent (25%) of the registration fee for failure to pay the registration fee within thirty (30) days after the due date. The late penalty shall be in addition to the registration fee.
c) All registered air pollution sources shall pay the
appropriate registration fee(s) ((listed in Section 324.1.))
as set forth in the current fee schedule adopted by Resolution
of the Board of Directors of the NWCAA. A proposed resolution
that changes any fee schedules described in this section shall
be posted on the NWCAA website for not less than 30 days prior
to the Board of Directors meeting at which the Board takes
action on the resolution. In addition, an electronic version
of the proposed fee schedule changes shall be provided by
e-mail to any person requesting notice of proposed fee
schedule changes, not less than 30 days prior to the Board
meeting at which such changes are considered. It shall be the
ongoing responsibility of a person requesting electronic
notice of proposed fee schedule amendments to provide their
current e-mail address to the NWCAA, however no person is
required to request such notice. Each notice of a proposed
fee schedule change shall provide for a comment period on the
proposal of not less than 30 days. Any such proposal shall be
subject to public comment at the Board meeting where such
changes are considered. No final decision on a proposed fee
schedule change shall be taken until the public comment period
has ended and any comments received during the public comment
period have been considered.
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ACTUAL EMISSIONS OF TOTAL CRITERIA AND TOXIC AIR POLLUTANTS |
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(per CEM or COM) |
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a) New source fees ((listed in Section 324.2)) shall be
submitted with each Notice of Construction (NOC) application
or request for a NOC applicability determination.
b) The applicable fee(s) shall be established in the current fee schedule adopted by Resolution by the Board of Directors of the NWCAA. A proposed resolution that changes any fee schedules described in this section shall be posted on the NWCAA website for not less than 30 days prior to the Board of Directors meeting at which the Board takes action on the resolution. In addition, an electronic version of the proposed fee schedule changes shall be provided by e-mail to any person requesting notice of proposed fee schedule changes, not less than 30 days prior to the Board meeting at which such changes are considered. It shall be the ongoing responsibility of a person requesting electronic notice of proposed fee schedule amendments to provide their current e-mail address to the NWCAA, however no person is required to request such notice. Each notice of a proposed fee schedule change shall provide for a comment period on the proposal of not less than 30 days. Any such proposal shall be subject to public comment at the Board meeting where such changes are considered. No final decision on a proposed fee schedule change shall be taken until the public comment period has ended and any comments received during the public comment period have been considered.
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324.4 Issuance of Emission Reduction Credits.
(($850.00)) The applicable fee(s) shall be established in the
current fee schedule adopted by Resolution of the Board of
Directors of the NWCAA.
324.5 Plan and examination, filing, SEPA review, and emission reduction credit fees may be reduced at the discretion of the Control Officer by up to 75 percent for existing stationary sources implementing pollution prevention or undertaking voluntary and enforceable emission reduction projects.
PASSED: November 12, 1998
Amended: November 12, 1999, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 325 - TRANSFER OR PERMANENT SHUTDOWN
325.1 A registration, regulatory order, approval to
construct, operate or use any article, machine, equipment, or
other contrivance, shall not be transferable, whether by
operation of law or otherwise, either from one location to
another or from one piece of equipment to another provided
that, registered sources which are designed to be portable and
are moved from one location to another may retain the same
registration so long as they abide by the requirements of
NWCAA Sections 300 and 301.
325.2 The registered owner or operator shall report the
transfer of ownership or permanent shutdown of a registered
(("))source((")) to the NWCAA within ninety (90) days of
shutdown or transfer. The report shall contain the following
information:
a) Legal name of the existing business as registered with
the NWCAA ((owner or operator));
b) Effective date of the shutdown or transfer;
c) Description of the affected emission units; and
d) Name and telephone number of the ((registered)) owner,
(('s or)) operator, (('s)) and authorized representative.
e) The new legal name of the business, and legal names and contact information for the owner, operator and registered agent.
325.3 Any party that assumes ownership and/or operational control of a registered "source" shall file a written report with the NWCAA within ninety (90) days of completing transfer of ownership and/or assuming operational control. The report shall contain the following information:
a) Legal name of the business before and after the
transfer ((company or)) and individuals involved in the
transfer;
b) Effective date of the transfer;
c) Description of the affected emission units; and
d) Name and telephone number of the owner (('s or))
operator (('s)) and authorized representative.
325.4 In the case of a permanent shutdown, process and pollution control equipment may remain in place and on site, but shall be configured such that the equipment or processes are incapable of generating emissions to the atmosphere (e.g., disconnection of power to equipment, mechanical positioning that inhibits processing; placing of padlocks on equipment to prevent operation).
Passed: February 4, 1970 Amended: February 14, 1973, July
10, 2003, July 14, 2005, November 8, 2007
AMENDATORY SECTION
SECTION 340 - REPORT OF BREAKDOWN AND UPSET
340.1 If a breakdown or upset condition occurs which
results in or may have resulted in an exceedance of an
emission and/or ambient air quality standard established by
this Regulation or an emission release to the air that
requires NWCAA notification as specified in 40 CFR 302
(CERCLA) or 40 CFR 355 (SARA), the owner or operator of the
source shall take the following actions:
a) The upset or breakdown shall be reported as promptly as possible and in no event later than twelve (12) hours to the NWCAA.
b) For Title V Air Operating Permit sources, the responsible official, or their designee, shall submit a full report no later than 30 days after the end of the calendar month in which the breakdown or upset occurred that resulted in an exceedance of an ambient or emission standard of this Regulation. The report shall be submitted on forms provided by the NWCAA and must include, at a minimum, the known causes, corrective action taken, preventive measures put in place to reduce the possibility of or eliminate a recurrence, and an estimate of the quantity of emissions above the applicable limit caused by the event. Other non-Title V Air Operating Permit sources shall file a full report to the NWCAA within 30 days upon the request of the Control Officer.
340.2 Compliance with the requirements of this section does not relieve the owner or operator of the source from the responsibility to maintain continuous compliance with all the requirements of this Regulation nor from the resulting liabilities for failure to comply.
340.3 It shall be prima facie evidence of violation of this Regulation if:
a) any control equipment is turned off, broken down or otherwise inoperative, and a notice of breakdown has not been filed under Section 340.1, or
b) any other equipment creates new or increased emissions to the atmosphere as the result of being turned off, broken down or otherwise inoperative, and a notice of breakdown has not been filed under Section 340.1.
340.4 Excess emissions due to breakdowns and upsets shall be considered unavoidable, and not subject to penalty, provided the stationary source adequately demonstrates that:
a) The event was not caused by poor or inadequate design, operation, maintenance, or any other reasonably preventable condition;
b) The event was not of a recurring pattern indicative of
inadequate design, operation, or maintenance; ((and))
c) The operator took immediate and appropriate corrective
action in a manner consistent with good air pollution control
practice; and((.))
d) The emissions did not result in a violation of an ambient air quality standard.
Amended: November 14, 1984, October 14, 1987, April 14, 1993,
October 13, 1994, February 8, 1996, July 14, 2005, November 8,
2007
AMENDATORY SECTION
SECTION 428 - HAZARDOUS AIR POLLUTANTS
428.1 Chlorine concentrations in the ambient air shall
not exceed one (1.0) part per million on a one (1) hour time
weighted average.
428.11 Chlorine concentration in the ambient air shall not exceed seven (7.0) parts per million for more than 5 minutes.
428.2 Ambient emissions standards for mercury. Emissions to the atmosphere from sources including the processing of mercury or to recover mercury, chlor-alkali cells to produce chlorine gas and alkali metal hydroxide, shall not exceed 2300 grams of mercury per twenty-four (24) hour period.
428.21 Testing methods shall be in accordance with the US-EPA CFR, Title 40, Chapter 61, National Emission Standards for Hazardous Air Pollutants, Appendix B -- Test Methods of other test methods approved by the Control Officer.
428.3 Formaldehyde ((concentrations)) in the ambient air
shall not exceed five hundredths of a part per million by
volume (0.05 ppmv) 24-hour average concentration.
428.4 Ambient standards for other hazardous or toxic air pollutants may be adopted by the Control Officer based upon best available information on health risk.
Amended: November 14, 1984, April 14, 1993, November 8, 2007
AMENDATORY SECTION
SECTION 451 - EMISSION OF AIR CONTAMINANT - VISUAL STANDARD
451.1 No person shall cause or permit the emission, for
any period aggregating more than 3 minutes in any 1 hour, of
an air contaminant from any source which, at the point of
emission, or within a reasonable distance of the point of
emission, exceeds 20% opacity except as follows:
451.11 When the owner or operator of a source supplies valid data to show that the opacity is in excess of 20% as a result of the presence of condensed water droplets, and that the concentration of the particulate matter, as shown by a source test approved by the Control Officer, is less than 0.10 (0.23 g/m3) grain/dscf.
451.12 Excess emissions as a result of soot blowing or grate cleaning shall not occur for more than fifteen minutes in any eight hour period or another schedule approved by the Control Officer provided that the owner or operator can demonstrate to the satisfaction of the Control Officer that the time limitations of this subsection are not being exceeded.
((451.13 Emissions from a wood waste burner during:
451.131 One startup period not to exceed 30 consecutive minutes in any consecutive 24 hour period.
451.132 Thirty consecutive minutes in any 8 hour period during break and lunch periods, provided that the emissions do not exceed 60% opacity for a period of more than 6 consecutive minutes. Provided further, that the operator takes immediate action to correct the condition.
451.14 Emissions from existing petroleum catalytic cracking units shall not exceed 40% opacity for more than an aggregate of 3 minutes in any 1 hour.))
Amended: April 14, 1993, October 13, 1994, May 11, 1995,
November 8, 2007
AMENDATORY SECTION
SECTION 502 - OUTDOOR BURNING
.....
502.5 OUTDOOR BURNING PERMIT PROGRAM/REQUIREMENTS
......
C. FEES.
1. Permitting agencies may charge a fee for any permit issued, provided that a fee must be charged for all permits issued for weed abatement fires and fire fighting instruction fires.
2. All fees must be set by rule and must not exceed the level necessary to recover the costs of administering and enforcing a permit program.
| TYPE OF PERMIT | FEE |
| Annual training (single location) | $325.00 (( |
| Extinguisher Training | $25.00/training exercise |
| Structure training | $150.00 (( |
| Weed abatement | $2.00/acre; $25.00 minimum per location |
1. Permitting agencies must approve with conditions, or deny outdoor burning permits as needed to achieve compliance with this section.
2. All permits must include conditions to satisfy general prohibitions and requirements that apply to all outdoor burning.
3. All permits may require other conditions, such as restricting the time period for burning, restricting permissible hours of burning, imposing requirements for good combustion practice, and restricting burning to specified weather conditions.
4. Permitting agencies may also include conditions to comply with other laws pertaining to outdoor burning.
5. Any person having an outstanding penalty obligation to the NWCAA as a result of a violation of Section 502, except under appeal to the Pollution Control Hearings Board (PCHB) or other judicial body, shall be denied additional outdoor burning permits until the remaining balance is discharged.
E. RESIDENTIAL BURNING BY GENERAL PERMIT.
1. A general permit for residential burning is adopted for use:
a. Where the NWCAA has adopted the general permit by reference, and
b. Any designated enforcing agencies have agreed that a general permit is appropriate for residential burning, and
c. The public has been notified where the permit applies.
2. All burning under a general permit must:
a. Comply with condition (4) of this subsection.
b. Be restricted to the first and second weekends (Saturday and Sunday) in April and the third and fourth weekends in October unless the enforcing agency substitutes alternative days and adequate notice of the substitution is provided to the public. Alternative days may only be substituted if conditions on the prescribed days are unsuitable due to such things as poor air quality, high fire danger, unfavorable meteorology, likely interference with a major community event, or difficulty for enforcement.
3. The NWCAA may adopt a general permit for residential burning that prescribes a different set of days, not to exceed eight days per year, provided that adequate public notice of where and when the permit will apply is given.
4. The following conditions apply to all residential burning allowed, in the nonurban areas of any county with an unincorporated population of less than fifty thousand, without a permit or allowed under a general, verbal, or electronic permit. Persons unable to meet these and any other requirements must apply and receive a written permit before burning. Failure to comply with all requirements voids any applicable permit.
a. The person responsible for the fire must contact the permitting agency and/or any other designated source for information on the burning conditions of each day.
b. A fire may not be ignited, and must be extinguished, if an air pollution episode, impaired air quality condition, or fire danger burn ban that applies to the burning, is declared for the area.
c. The fire must not include prohibited materials, construction/demolition debris or any substance other than natural vegetation.
d. The fire must not include materials hauled from another property.
e. If any emission from the fire is detrimental to the health, safety, or welfare of any person, if it causes damage to property or business, or if it causes a nuisance, the fire must be extinguished immediately.
f. A person capable of extinguishing the fire must attend it at all times and the fire must be extinguished before leaving it.
g. No fires are to be within fifty feet of structures.
h. Permission from a landowner, or owner's designated representative, must be obtained before starting an outdoor fire.
i. Any burn pile must not be larger than four feet in diameter and three feet high.
j. Only one pile at a time may be burned, and each pile must be extinguished before lighting another.
k. If an outdoor container is used for burning, it must be constructed of concrete or masonry with a completely enclosed combustion chamber and equipped with a permanently attached spark arrester constructed of iron, heavy wire mesh, or other noncombustible material with openings not larger than one-half inch.
l. No fire is permitted within five hundred feet of forest slash.
F. FIELD RESPONSE AND ENFORCEMENT
1. Any agency that issues permits, or adopts a general permit for any type of burning in an area, is responsible for field response to outdoor burning complaints and enforcement of all permit conditions and requirements unless another agency has agreed to be responsible.
2. Except for enforcing Section 502.4 (E)(1)(d), the NWCAA will be responsible for enforcing any requirements that apply to burning that are prohibited or exempt from permits in areas of its jurisdiction, unless another agency agrees to be responsible.
3. Permitting agencies and enforcing agencies may require
that corrective action be taken, and may assess penalties to
the extent allowed ((under their the NWCAA)) if they discover
noncompliance.
4. ((A fire protection the NWCAA called to respond to,
control, or extinguish an illegal or out-of-control fire may
charge, and recover from the person responsible for the fire,
the costs of its response and control action. The NWCAA may
assist a fire protection the NWCAA, in fire suppression cost
recovery, when assessing a penalty associated with a Notice of
Violation.))
PASSED: June 14, 2001. Amended: July 10, 2003, July 14, 2005,
November 8, 2007
Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 504 - AGRICULTURAL BURNING
((All definitions in Section 200 are fully applicable to
Section 504
AG TASK FORCE - Means the agricultural burning practices and research task force.
AGRICULTURAL OPERATION - Means a farm that can substantiate that the operation is commercial agriculture by showing the most recent year's IRS schedule F form or proof that the land is designated in a classification for agricultural use. It also includes activities conducted by irrigation district or drainage district personnel as part of water system management.
AGRICULTURAL LAND - Land that is designated in a classification for agricultural use or land that is used for the operation of commercial agriculture and can be substantiated by the most recent year's IRS schedule F form.
BEST MANAGEMENT PRACTICE - Means the criteria established by the agricultural burning practices and research task force (Ag task force).
FARMER – Means any person engaged in the business of growing or producing for sale upon their own lands, or upon the land in which they have a present right of possession, any agricultural product. Farmer does not mean persons using such products as ingredients in a manufacturing process, or persons growing or producing such products primarily for their own consumption.
FIELD GRASSES - Canary grass, brome grass, oat grass, timothy grass, wheat grass, forage grass, and orchard grass planted for seed production.
TURF GRASSES - All blue grasses, fescues, and bent grass and perennial rye grass planted for seed production.))
504.1 Purpose. This section establishes fees and controls for agricultural burning in the NWCAA jurisdiction in order to minimize adverse health effects and environmental impacts, consistent with best management practices and the responsibilities of the NWCAA under WAC 173-430, RCW 70.94.650, 70.94.656, and 70.94.745. All agricultural burning as defined in WAC 173-430 shall be conducted in accordance with the provisions of that chapter.
504.2 Applicability. This section applies to
agricultural burning in all areas of the NWCAA jurisdiction
unless specifically exempted. Nothing in Section 504 shall
apply to silvicultural burning or ((open)) other outdoor
burning (Chapter 173-425 WAC).
504.3 ((Prohibitions)) Conditions. All agricultural
burning, except for agricultural burning that is incidental to
commercial agricultural activities (RCW 70.94.745), requires a
permit and payment of a fee ((an agricultural burning permit)
issued by the Authority. ((No person shall practice or permit
the practice of agricultural burning in any of the following
circumstances and locations:))
504.4 Fees. All agricultural burning permits require a fee in accordance with Chapter 70.94.650. Propane flaming for the purpose of vegetative debris removal is considered agricultural burning (WAC 173-430-030(1)). The fee shall be the greater of the minimal fee level and the variable fee level.
504.41 - Minimum fee levels:
504.411 - Twenty-five dollars per calendar year per agricultural operation based on burning up to ten acres or equivalent;
504.412 - Fifty dollars for orchard tear-out burning per calendar year per agricultural operation based on burning debris of up to twenty acres or equivalent.
504.42 - Variable fee levels (based on acreage or equivalent):
504.421 - Through calendar year 2007, the fee is two dollars per acre.
504.422 - Beginning in calendar year 2008, the fee is two dollars and twenty-five cents per acre.
504.43 - Permit fee uses. The permit fee is used to off-set the cost of administering and enforcing the agricultural burning permit program. There are three components: Local administration, research, and ecology administration. The permit fee shall be distributed as follows:
| Fee Level | Section | Local Administration | Research | Ecology Administration |
| $25.00 | WAC 173-430-040 (4)(a)(i) | $12.50 | $12.50 | $0 |
| $50.00 | WAC 173-430-040 (4)(a)(ii) | $12.50 | $12.50 | $25.00 |
| 2007 - $2.00 per acre | WAC 173-430-040 (4)(b)(i) | $1.25 per acre | $0.25 per acre | $0.50 per acre |
| 2008 and beyond - $2.25 per acre | WAC 173-430-040 (4)(b)(ii) | $1.25 per acre | $0.50 per acre | $0.50 per acre |
504.32 When the materials to be burned include anything other than natural vegetation.
504.33 During a no burn day as declared by the Authority or during an air pollution episode for a defined geographical area.
504.34 When burning causes a nuisance or the Authority determines that a nuisance is likely to result from burning.
504.35 If the applicant is unable to show to the satisfaction of the Authority that burning, as requested, is reasonably necessary to successfully carry out the enterprise in which the applicant in engaged; and constitutes a best management practice; and is necessary because no practical alternative is reasonably available.
504.36 If the burning includes any material other than natural vegetation generated on the property, which is the burning site, or material transported to the burning site by wind or water.
504.4 General Conditions. Considering population density and local conditions affecting air quality, the Authority shall establish conditions for all permits to minimize air pollution as much as practical. Conditions may include but are not limited to restricting the permissible hours of burning, restricting burning to a defined season, restricting the size of fires, imposing requirements for good combustion practice, and restricting burning to specified weather conditions. Any person who practices or permits the practice of agricultural burning shall, in addition to any specific permit conditions imposed, comply with all of the following conditions:
504.41 Whenever any stage of an air pollution episode or no burn day is declared, all fires shall be extinguished by withholding new fuel as appropriate, and allowing the fire to burn down.
504.42 The fire shall be attended by a person who is responsible for the fire and is capable of extinguishing the fire. The fire must be extinguished before it is left unattended.
504.43 Burning shall occur during daylight hours only, or a more restrictive period as determined by the Authority. No burning is allowed at night except as a best management practice.
504.44 Permission from a landowner, or the owner's designated representative, must be obtained before starting the fire.
504.45 The responsible person shall notify the local fire district prior to igniting a fire. Compliance with all fire safety regulations of the local fire protection agency, including any no-burn directives they may issue, is required
504.46 If it becomes apparent at any time to the Authority that limitations must be imposed to reduce smoke and prevent air pollution and/or protect property and the health, safety, and comfort of persons from the effects of burning, the Authority shall notify the permittee or responsible person and any limitation so imposed shall become a condition under which the permit is issued.
504.47 Burning only natural vegetation.
504.48 Burning when wind takes smoke away from roads, homes population centers, or other public areas, to the greatest extent possible.
504.49 No burning during adverse meteorological conditions.
504.5 Administrative requirements.
504.51 All agricultural burning permits require a fee. This fee shall not exceed the level determined by the agricultural burning practices and research task force, pursuant to .Chapter 70.94.650 RCW
504.52 The fee shall be the greater of:
504.521 A minimum fee of twenty-five dollars per year per farm which shall be used as follows: Twelve dollars and fifty cents of which goes to the agricultural burning research fund, and the remaining twelve dollars and fifty cents will be kept by the Authority to cover the costs of administering and enforcing this regulation; or
504.522 A variable fee based on the acreage or equivalent of agricultural burning, as well as the means of burning, which will be used as follows: Up to one dollar per acre for applied research, twenty-five cents per acre for ecology administration and one dollar and twenty-five cents per acre for local permit program administration. If the agricultural burn is to be accomplished by using a propane or natural gas fired mobile field burning unit, then the local permit program administration fee shall be sixty cents per acre.
504.53 The Authority shall act on a complete permit application within seven days from the date such complete application is filed.
504.6 Exemptions. Burning that is incidental to commercial agricultural activities shall be allowed without applying for any permit and without the payment of any fee if all of the following conditions are met:
504.61 The operator notifies the local fire department within the area where the burning is to be conducted;
504.62 The burning does not occur during a no burn day, or any stage of impaired air quality declared under RCW 70.94.715; and
504.63 Only the following items are burned: orchard prunings, organic debris along fence lines or irrigation or drainage ditches, or organic debris blown by wind.
504.64 Standing vegetation to be burned is one acre or less in size. This exempt acre (or less) may be burned in addition to that acreage included in fence lines or irrigation or drainage ditches.
504.7 Other laws. Nothing herein shall relieve any applicant for a permit hereunder from obtaining any permits, licenses, or other approvals required by any other laws, regulations, or ordinances. The farmer must also honor other agreements entered into with any federal, state, or local agency.))
PASSED: February 14, 1973; AMENDED: By Adoption of WAC 18-16
January 24, 1972, August 9, 1978, June 7, 1990, May 9, 1996,
May 14, 1998, November 12, 1998, November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 506 - SOLID FUEL BURNING DEVICES ((STANDARDS))
506.1 PURPOSE.
This Section establishes emission standards, certification standards and procedures, curtailment rules, and fuel restrictions for solid fuel burning devices in order to maintain compliance with the National Ambient Air Quality Standards (NAAQS) for fine particulates and to further the policy of the NWCAA as stated in Section 102 of this Regulation.
506.2 DEFINITIONS.
Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning as defined in Chapter 173-433-030 WAC:
ADEQUATE SOURCE OF HEAT - means a permanently installed furnace or heating system, connected or disconnected from its energy source, designed to maintain seventy degrees Fahrenheit at a point three feet above the floor in all normally inhabited areas of a residence or commercial establishment.
ANTIQUE WOOD STOVE - is a stove manufactured before 1940 which has a current market value substantially greater than a common wood stove manufactured during the same time period.
CERTIFIED - means a solid fuel-burning device that meets emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by EPA in the Code of Federal Regulation - Title 40 Part 60 Subpart AAA - Standards of Performance for Residential Wood Heaters as amended through July 1, 1990; or a solid fuel-burning device that has been determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457.
COOKSTOVE - means a wood-fired appliance designed primarily for cooking food and containing an integrally built in oven, with an internal temperature indicator and oven rack, around which the fire is vented, as well as a shaker grate, ash pan and an ash clean-out below the firebox. Any device with a fan or heat channels used to dissipate heat into the room shall not be considered a cookstove.
ECOLOGY - means the Washington State Department of Ecology.
EPA - means the United States Environmental Protection Agency.
SEASONED WOOD - means wood of any species that has been sufficiently dried so as to contain twenty percent or less moisture by weight.
SOLID FUEL BURNING DEVICE - means a device that burns wood, coal, or any other non-gaseous or non-liquid fuels, and includes wood stoves or any device burning any solid fuel except those prohibited by WAC 173-433-120. This also includes devices used for aesthetic or space-heating purposes in a private residence or commercial establishment, which have a heat input of less than one million British thermal units per hour.
SUBSTANTIALLY REMODELED - means any alteration or restoration of a building exceeding sixty percent of the appraised value of such building within a twelve-month period.
TREATED WOOD - means wood of any species that has been chemically impregnated, painted, or similarly modified to improve resistance to insects, weathering or deterioration.
WOOD STOVE - means a wood-fueled appliance, other than a
cookstove, capable of and intended for residential space
heating and domestic water heating that meets the criteria
contained in "40 CFR 60 Subpart AAA - Standards of Performance
for Residential Wood Heaters" ((as amended through July 1,
1990)). Any combination of parts, typically consisting of but
not limited to, doors, legs, flue pipe collars, brackets,
bolts and other hardware, when manufactured for the purpose of
being assembled, with or without additional owner supplied
parts, into a wood stove, is considered a wood stove.
506.3 EMISSION PERFORMANCE STANDARDS.
(A) Solid Fuel Burning Devices - A person shall not
advertise to sell, offer to sell, sell, bargain, exchange, or
give away any solid fuel burning device in Washington unless
it has been certified and labeled in accordance with
procedures and criteria specified in "40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters" ((as
amended through July 1, 1990)), complies with WAC 173-433-100,
and meets the following particulate air contaminant emission
standards:
(1) Two and one-half grams per hour for catalytic wood stoves; and
(2) Four and one-half grams per hour for all other solid fuel burning devices.
(B) Fireplaces. A person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away a factory built fireplace unless it has been tested in accordance with procedures and criteria specified in WAC 51-50-31200. Particulate emission factors for factory-built fireplaces shall not exceed 7.3 g/kg.
506.4 INSTALLATION OF SOLID FUEL HEATING DEVICES.
(A) No new solid fuel burning device shall be installed
in new or existing buildings unless such device is either
Oregon Department of Environmental Quality ((phase)) Phase II
or US EPA certified to meet current Washington State standards
or a pellet stove either certified or exempt from
certification in accordance with CFR 40 Part 60 Subpart AAA - Standards of Performance for Residential Wood Heaters. (RCW 70.94.455)
(B) No used solid fuel burning device shall be installed
in new or existing buildings unless such device has been
certified and labeled in accordance with ((is)) either Oregon
Department of Environmental Quality ((phase)) Phase II or US
EPA ((certified)) certification standard or is a pellet stove
either certified or exempt from certification by the US EPA in
accordance with CFR 40 Part 60 Subpart AAA - Standards of
Performance for Residential Wood Heaters. (RCW 70.94.455)
(C) An adequate source of heat other than a solid fuel burning device is required in all new and substantially remodeled residential and commercial construction. The rule shall apply to
(1) Areas designated by a county to be an urban growth area under RCW 36.70A; and
(2) Areas designated by the EPA as being in non-attainment for particulate matter. (RCW 70.94.455 and WAC 51-40-0510)
(D) After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such fireplace meets the 1990 EPA standards for wood stoves or equivalent standard established by the state building code council by rule in accordance with 70.94.457 RCW.
506.5 OPACITY STANDARDS.
(A) Opacity level. A person shall not cause or allow emission of a smoke plume from any solid fuel burning device to exceed an average of twenty percent opacity for six consecutive minutes in any one-hour period. This restriction does not apply during the starting of a new fire for a period not to exceed twenty minutes in any four-hour period.
(B) Test methods and procedures. EPA reference method 9 - Visual Determination of Opacity of Emissions from Stationary Sources shall be used to determine compliance with this Section.
(C) Enforcement. Smoke visible from a chimney, flue or exhaust duct in excess of the opacity standard shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This Regulation will be enforced on a complaint basis and through observations of inspectors certified to read opacity. This presumption may be refuted by demonstration that the smoke was not caused by an applicable solid fuel burning device.
506.6 PROHIBITED FUEL TYPES
(A) A person shall not burn any substance, other than properly seasoned fuel-wood, in a solid fuel burning device (RCW 70.94.477).
(B) A person shall not burn paper in a solid fuel burning device other than the amount of colorless paper necessary to start a fire.
506.7 LIMITATIONS ON BURNING WOOD FOR HEAT
(A) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:
(1) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 70.94.715 that any air pollution episode exists in that area;
(2) Not burn wood in any solid fuel burning device except those which are either Oregon Department of Environmental Quality Phase II or US EPA certified or certified by Ecology under RCW 70.94.457(1) or a pellet stove either certified or issued an exemption by the US EPA in accordance with CFR 40 Part 60 Subpart AAA - Standards of Performance for Residential Wood Heaters (RCW 70.94.455), in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by NWCAA or any authority, for that area. A first stage of impaired air quality is reached when:
(a) Fine particulates are at an ambient level of thirty-five micrograms per cubic meter measured on a twenty-four hour average; and
(b) Forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below thirty-five (35) micrograms per cubic meter for a period of forty-eight hours or more from the time that the fine particulates are measured at the trigger level; and
(B) Not burn wood in any solid fuel burning device in a geographical area and for the period of time that a second stage of impaired air quality has been determined by NWCAA or any authority, for that area. A second stage of impaired air quality is reached when:
(1) A first stage of impaired air quality has been in force and not been sufficient to reduce the increasing fine particle [particulate] pollution trend;
(2) Fine particulates are at an ambient level of sixty micrograms (60) per cubic meter measured on a twenty-four hour average; and
(3) Forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below sixty micrograms (60) per cubic meter for a period of forty-eight hours or more from the time that the fine particulates are measured at the trigger level.
((CURTAILMENT
(A) Except as provided in Section 506.9, any person in a residence or commercial establishment that has an adequate source of heat without using a solid fuel burning device shall not use any solid fuel burning device under the following circumstances:
(1) Whenever Ecology has declared curtailment under an air pollution episode for the geographical area.
(2) Whenever Ecology or the NWCAA has declared curtailment under the first stage of impaired air quality for the geographical area unless the device is either Oregon Department of Environmental Quality Phase II or EPA certified or certified by Ecology or a pellet stove either certified or exempt from certification in accordance with Title 40 Part 60 of the Code of Federal Regulations. A first stage of impaired air quality is reached when particulates two and one-half microns and smaller in diameter are at an ambient level of thirty-five micrograms per cubic meter measured on a twenty-four hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average.
(3) Whenever Ecology or the NWCAA has declared curtailment under a second stage of impaired air quality. A second stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of one hundred five micrograms per cubic meter measured on a twenty-four hour average.))
(((B))) (C) Any person responsible for a solid fuel
burning device already in operation at the time curtailment is
declared under a stage of impaired air quality or an episode
shall extinguish that device by withholding new solid fuel for
the duration of the episode.
(((C))) (D) Compliance with the above solid fuel burning
device curtailment rules may be enforced after a time period
of 3 hours has elapsed from the time the curtailment is
declared. Smoke visible from a chimney, flue or exhaust duct
three hours from the time of declaration of the curtailment
shall constitute prima facie evidence of unlawful operation of
an applicable solid fuel burning device. This presumption may
be refuted by demonstration that smoke was not caused by an
applicable solid fuel burning device.
506.8 GENERAL EMISSION STANDARDS.
(A) Emissions detrimental to persons or property. No person shall cause or permit the emission of any air contaminant from any solid fuel burning device, in sufficient amounts and of such characteristics and duration as is likely to be injurious or cause damage to human health, plant or animal life, or property; or which unreasonably interfere with enjoyment of life and property.
(B) Odors. Any person who shall cause or allow the generation of any odor from any solid fuel burning device which may interfere with any other property owner's use or enjoyment of his property must use recognized good practice and procedures to reduce these odors to a reasonable minimum.
506.9 EXEMPTIONS.
(A) The provisions of Section 506.7 shall not apply to any person who possesses a valid written exemption approved by the NWCAA. The NWCAA may allow written exemptions to any person who demonstrates any of the following to the satisfaction of the NWCAA:
(1) (((B))) An economic need to burn solid fuel for
residential space heating purposes by qualifying for energy
assistance under the low income energy assistance program.
(2) (((C))) That his/her heating system, other than a
solid fuel heating device, is inoperable for reasons other
than his/her own actions.
(a) (((1))) That there is no adequate source of heat and
the structure was constructed or substantially remodeled prior
to July 1, 1992.
(b) (((2))) That there is no adequate source of heat and
the structure was constructed or substantially remodeled after
July 1, 1992 and is outside an urban growth area, as defined
in RCW 36.70A.
(B) (((D))) Written exemptions shall be valid for a
period determined by the NWCAA and shall not exceed one year
from the date of approval.
Passed: July 14, 2005 Amended: November 8, 2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 570 - ASBESTOS CONTROL STANDARDS
.....
570.7 ((ALTERNATE MEANS OF COMPLIANCE)) COMPLIANCE WITH OTHER RULES
Other government agencies have adopted rules that may apply to asbestos projects regulated under these rules including, but not limited to, the U.S. Environmental Protection Agency, the Occupational Safety and Health Administration, and the Department of Labor and Industries. Nothing in the Agency's rules shall be construed as excusing any person from complying with any other applicable local, state, or federal requirement.
((a) Friable Asbestos-Containing Material Removal
Alternative
An alternate asbestos removal method may be employed for friable asbestos-containing material if an AHERA Project Designer (who is also qualified as a Certified Hazardous Materials Manager, Certified Industrial Hygienist, Registered Architect, or Professional Engineer) has evaluated the work area, the type of asbestos-containing material, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the planned control method will be equally as effective as the work practices contained in Section 570.6(b) of this Regulation in controlling asbestos emissions. The property owner or the owner's agent shall document through air monitoring at the exhaust from the controlled area that the asbestos fiber concentrations outside the controlled area do not exceed 0.01 fibers/cc, 8 hour average.
The Control Officer may require conditions in the Order of Approval that are reasonably necessary to assure the planned control method is as effective as that required by 570.6(b), and may revoke the Order of Approval for cause.
b) Nonfriable Asbestos-Containing Material Removal Alternative
An alternate asbestos removal method may be employed for nonfriable asbestos-containing material if a Competent Person or AHERA Project Designer has evaluated the work area, the type of asbestos-containing material, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the planned control method will be equally as effective as the work practices contained in 570.6(b) of this Regulation in controlling asbestos emissions.
The Control Officer may require conditions in the Order of Approval that are reasonably necessary to assure the planned control method is as effective as that required by 570.6(b), and may revoke the Order of Approval for cause.
c) Leaving Nonfriable Asbestos-Containing Material in Place During Demolition
Nonfriable asbestos-containing material may be left in place during a demolition, if an AHERA Project Designer (who is also qualified as a Certified Hazardous Materials Manager, Certified Industrial Hygienist, Registered Architect, or Professional Engineer) has evaluated the work area, the type of asbestos-containing materials involved, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the asbestos-containing material will remain nonfriable during all demolition activities and the subsequent disposal of the debris.
The Control Officer may require conditions in the Order of Approval that are reasonably necessary to assure the asbestos-containing material remains nonfriable, and may revoke the Order of Approval for cause.))
Passed: November 12, 1998 Amended: July 14, 2005, November
8, 2007
AMENDATORY SECTION
SECTION 590 PERCHLOROETHYLENE DRY CLEANERS
590.1 Applicability. This section applies to all dry
cleaning systems using perchloroethylene.
590.2 Definitions.
AREA SOURCE - Any perchloroethylene dry cleaning facility that does not have the potential to emit more that 10 tons per year of perchloroethylene to the atmosphere.
BIWEEKLY - Any 14-day period of time.
CARBON ADSORBER - A bed of activated carbon into which an air-perchloroethylene gas-vapor stream is routed and which adsorbs the perchloroethylene on the carbon.
DESORPTION - Regeneration of a carbon adsorber by removal of the perchloroethylene adsorbed onto the carbon.
HALOGENATED HYDROCARBON DETECTOR - A portable device capable of detecting vapor concentrations of perchloroethylene of 25 parts per million by volume and indicating a concentration of 25 parts per million by volume or greater by emitting an audible or visual signal that varies as the concentration changes.
PERCEPTIBLE LEAKS - Any perchloroethylene vapor or liquid leaks that are obvious from:
a. The odor of perchloroethylene; or
b. Visual observation, such as pools or droplets of liquid; or
c. The detection of gas flow by passing fingers over the surface of equipment.
PERCHLOROETHYLENE GAS ANALYZER - A flame ionization detector, photoionization detector, or infrared analyzer capable of detecting vapor concentrations of perchloroethylene of 25 parts per million by volume.
RECONSTRUCTION - For the purpose of section 590, means the replacement of any components of a dry cleaning system to such an extent that the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new dry cleaning system.
RESIDENCE - Any dwelling or housing in which people reside excluding short-term housing that is occupied by the same person for a period of less than 180 days (such as a hotel room).
VAPOR LEAK - A perchloroethylene vapor concentration exceeding 25 parts per million by volume (50 parts per volume as methane) as indicated by a halogenated hydrocarbon detector or perchloroethylene gas analyzer.
590.3 ((2)) ((General Requirements.)) Machine Design:
a. It shall be unlawful for any person to cause or allow
the operation of a perchloroethylene dry cleaning system
unless all the air-perchloroethylene gas-vapor stream is
vented through a carbon adsorber or refrigerated condenser.
Dry cleaning machines installed ((after)) between September
21, 1993 and December 21, 2005 shall use a refrigerated
condenser((.)), and shall comply with 590.41(a).
b. The owner of operator of each dry cleaning system installed after December 21, 2005, at an area source shall route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and pass the air-perchloroethylene gas-vapor stream from inside the dry cleaning machine drum through a non-vented carbon absorber or equivalent control device immediately before the door of the dry cleaning machine is opened. The carbon absorber must be desorbed in accordance with manufacturer's instructions.
c. All dry cleaning machines shall use a refrigerated condenser and a carbon adsorber as described in 590.2(b), and shall comply with 590.41(b) by July 28, 2008.
590.4((3)) General Operation and Maintenance
Requirements. It shall be unlawful for any person to cause or
allow the operation of any perchloroethylene dry cleaning
system unless all of the following conditions are met:
590.((3))41 Leak Detection and Repair
a. Conduct a visual inspection of the dry cleaning system
at least once a week for perceptible leaks while the system is
operating. ((All perceptible leaks shall be repaired within
24 hours of detection. If repair parts must be ordered to
repair a leak, the parts shall be ordered within 2 working
days of detecting the leak, and the repair parts shall be
installed within 5 working days after receipt;))
b. An inspection must include an examination of these components for condition and perceptible leaks
1. Hose and pipe connections, fittings, couplings, and valves;
2. Door gaskets and seats;
3. Filter gaskets and seats;
4. Pumps;
5. Solvent tanks and containers;
6. Water separators;
7. Muck cookers;
8. Stills;
9. Cartridge filter housings.
c. Conduct vapor leak inspections monthly while the dry cleaning system is running using a halogenated hydrocarbon detector or perchloroethylene gas analyzer that is operated according to the manufacturer's instructions. The operator shall place the probe inlet at the surface of each component interface where leakage could occur and move it slowly along the interface periphery. Any inspection conducted according to this paragraph shall satisfy the requirements to conduct an inspection for perceptible leaks as described in 590.41(a).
d. All perchloroethylene dry cleaning systems shall be in compliance with 590.41(c) by July 28, 2008.
e. All perceptible and/or vapor leaks shall be repaired within 24 hours of detection. If repair parts must be ordered to repair a leak, the parts shall be ordered within 2 working days of detecting the leak, and the repair parts shall be installed within 5 working days after receipt.
590.((3))42 Drain cartridge filters in their housing or
other sealed container for at least 24 hours before discarding
the cartridges;
590.((3))43 Close the door of each dry cleaning machine
except when transferring articles to or from the machine;
590.((3))44 Store all perchloroethylene, and wastes
containing perchloroethylene, in a closed container; and
590.((3))45 Operate and maintain the dry cleaning system
according to the manufacturer's specifications and
recommendations.
590.46 Keep a copy on-site of the design specifications and operating manuals for all dry cleaning equipment.
590.47 Keep a copy on-site of the design specifications and operating manuals for all emission control devices.
590.5((4)) Requirements for Refrigerated Condensers. It shall be unlawful for any person to cause or allow the operation of any perchloroethylene dry cleaning system using a refrigerated condenser unless all of the following conditions are met:
590.((4))51 The air temperature at the outlet of the
refrigerated condenser installed on a dry-to-dry machine((,
dryer, or reclaimer)) must reach 45°F (7°C) or less during the
cool-down period. Compliance shall be determined by
continuously monitoring the outlet temperature during the
cool-down period using a permanently installed temperature
sensor that is accurate to within 2°F (1°C);
590.((4))52 The difference between the air temperature at the inlet and outlet of a refrigerated condenser installed on a washer must be greater than or equal to 20°F (11°C). Compliance shall be determined by continuously monitoring the inlet and outlet temperatures during the cool-down period using permanently installed temperature sensors that are accurate to within 2°F (1°C);
590.((4))53 The refrigerated condenser shall be operated
((with a diverter valve)) so that ((prevents)) air drawn into
the dry cleaning machine does not ((from)) pass((ing)) through
the refrigerated condenser when the door of the machine is
open; and
590.((4))54 The refrigerated condenser shall not vent the
air-perchloroethylene gas-vapor stream while the dry cleaning
machine drum is rotating ((or, if installed on a washer, until
the washer door is opened)).
590.6 ((5)) Requirements for Carbon Adsorbers. It shall
be unlawful for any person to cause or allow the operation of
any perchloroethylene dry cleaning system using a carbon
adsorber unless all of the following conditions are met:
590.((5))61 The concentration of perchloroethylene at the
exhaust of the carbon adsorber shall not exceed 100 ppm while
the dry cleaning machine is venting to the carbon adsorber at
the end of the last dry cleaning cycle prior to desorption of
the carbon adsorber; and
590.((5))62 Compliance shall be determined by weekly
measurements of the concentration of perchloroethylene at the
outlet of the carbon adsorber using a halogenated hydrocarbon
detector or perchloroethylene gas analyzer ((colorimetric
detector tube)) that is accurate to within 25 ppm. ((If the
dry cleaning system was constructed on or before December 8,
1991, monitoring shall commence by September 23, 1996. If the
dry cleaning system was constructed after December 8, 1991,
monitoring shall commence immediately.))
590.7 ((6)) Recordkeeping. Each dry cleaning facility
shall have an Operation and Maintenance Plan and the following
records which shall be kept on-site and available for
inspection upon request by the NWCAA.
590.((6))71 A record of dates and results of all
monitoring, inspections, and repair of the dry cleaning
system.
590.((6))72 If a refrigerated condenser is used on a
dry-to-dry machine((, dryer, or reclaimer)), a weekly record
of the air temperature measured at the outlet of the
refrigerated condenser during the cool-down period to verify
compliance with Subsection 590.((41))51.
((590.63 If a refrigerated condenser is used on a washer,
a weekly record of the difference between the air temperatures
measured at the inlet and outlet of the refrigerated condenser
to verify compliance with Subsection 590.42.))
590.((64))73 If a carbon adsorber is used on a dry
cleaning system, a weekly record of outlet perchloroethylene
concentration to verify compliance with 590.((51))61.
590.((65))74 A record of the volume of perchloroethylene
purchased each month including receipts of perchloroethylene
purchases and a calculation of the amount of perchloroethylene
purchased over the previous 12 months. All receipts of
perchloroethylene purchases must be retained for 5 years.
590.8 ((7)) Prohibitions.
a. It shall be unlawful to operate a multi-machine dry cleaning operation in which washing and drying are performed in different machines (transfer system) after December 31, 1999.
b. After July 27, 2006 it shall be unlawful to install or reconstruct a dry cleaning system in a building with a residence.
c. After December 21, 2020, it shall be unlawful to operate a dry cleaning system that is located in a building with a residence.
590.9 ((8)) Major Source Requirements. If the dry
cleaning system is located at a facility that emits 10 tons or
more of perchloroethylene annually, the facility must meet the
additional requirements set forth in 40 CFR Part 63, Subpart
M.
((590.9 Exemptions. Dry cleaning systems that commenced
construction or reconstruction prior to December 8, 1991 are
exempt from 590.4 and 590.5 if the amount of perchloroethylene
purchased over the previous 12 months is less than 140
gallons.))
590.10 New sources subject to Section 590 that begin operation after October 1, 2007 shall notify the NWCAA within thirty (30) days of start-up. This notice shall include the name and address of the facility, its owner and or operator, and a statement on the facility's status of compliance with this section.
PASSED: February 8, 1996 Amended: July 14, 2005, November 8,
2007
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.