WSR 08-02-005

PROPOSED RULES

SPOKANE REGIONAL

CLEAN AIR AGENCY

[ Filed December 19, 2007, 4:58 p.m. ]

Supplemental Notice to WSR 07-21-113.

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

Title of Rule and Other Identifying Information: SRCAA Regulation I, Article II, Section 2.09 Source Tests.

Hearing Location(s): Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on February 7, 2008, at 9:00 a.m.

Date of Intended Adoption: February 7, 2008.

Submit Written Comments to: Joe Southwell, 1101 West College, Suite 403, Spokane, WA 99201, e-mail jsouthwell@spokanecleanair.org, fax (509) 477-6828, by 4:30 p.m. on January 22, 2008.

Assistance for Persons with Disabilities: Contact Barbara Nelson by 4:30 p.m. on February 1, 2008, (509) 477-4727.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New section in Regulation I, Article II, to establish notification, performance, and reporting requirements for source tests performed in SRCAA's jurisdiction.

A public hearing on the proposed rule was originally held on December 6, 2007 (see original CR-102, WSR 07-21-113). Based on comments received during the public hearing, Spokane Regional Clean Air Agency (SRCAA) has made revisions to the following sections of the originally proposed rule: Section E (1st paragraph), Section E.9, Section I, Section K.1, Section K.2, Section 4, Section 6 (1st paragraph), and Section K.6.a. These changes to the originally proposed rule are considered substantive, therefore this CR-102 is being filed as a supplemental notice to WSR 07-21-113.

Reasons Supporting Proposal: SRCAA does not currently have a source test regulation in place.

Statutory Authority for Adoption: RCW 70.94.141(1).

Statute Being Implemented: Chapter 70.94 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: SRCAA, governmental.

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

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule and as such, chapter 19.85 RCW does not apply.

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

December 19, 2007

Joe R. Southwell

Air Quality Engineer

NEW SECTION


REGULATION I, ARTICLE II, SECTION 2.09


ARTICLE II


SECTION 2.09 SOURCE TESTS


A. Purpose. This Section establishes notification, performance, and reporting requirements for all source tests and combustion tests performed to determine compliance with applicable air quality regulations and/or emission standards.

B. Applicability. This Section applies to any source test performed on sources established or operated in Spokane County that will be submitted to the Agency for regulatory purposes. Tests performed on gasoline dispensing facilities are exempt from the requirements of this section, unless otherwise required by the Agency.

Combustion tests performed on fuel burning equipment shall meet the requirements of Section 2.09.K.

C. Definitions. In addition to the definitions given in SRCAA Regulation I, Article I, Section 1.04, and unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:

1. Combustion test means a test performed on fuel burning equipment, using a combustion analyzer, for purposes of analyzing the combustion products produced by the equipment.

2. Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or improper operation are not malfunctions.

3. Regulated pollutant means any air contaminant regulated under the Federal Clean Air Act, the Washington Clean Air Act, Washington Administrative Code, and/or SRCAA regulations.

4. Regulatory purposes means to determine compliance with an applicable air quality regulation or emission standard or as otherwise required by the Agency.

5. Representative operating conditions means the range of combined process, production, and control measure conditions under which the source normally operates or will normally operate (regardless of the frequency of the conditions). Operations during startup, shutdown, and malfunctions do not constitute representative operating conditions.

6. Source test means any testing performed at a source that measures i) the amount or concentration of a regulated pollutant, pollutants, or surrogates being emitted; ii) the capture efficiency of a capture system; and/or iii) the destruction or removal efficiency of a control device used to reduce emissions. Combustion tests and data accuracy assessments of continuous emission monitoring systems (i.e., relative accuracy tests, cylinder gas audits, etc.) are not considered source tests.

D. Test Methods. Testing of sources for regulatory purposes shall be performed in accordance with U.S. Environmental Protection Agency (EPA) approved methods as found in 40 CFR Parts 51, 60, 61, and 63, as in effect on the date identified in SRCAA Regulation I, Article II, Section 2.13. Alternative methods may be used, provided the method(s) has been approved by the Agency and/or EPA prior to performing the test.

E. Test Notifications and Plans. At least 15 calendar days prior to performing the source test, a test notification and plan shall be submitted to the Agency for review and approval. Test notifications and plans shall be submitted in writing by either hard copy, facsimile, or e-mail. The 15-day submittal requirement may be waived upon receipt of written Agency approval. The test plan shall include, unless otherwise specified in writing by the Agency, the following information:

1. Facility name, mailing address, and source location;

2. Facility contact name(s) and telephone number(s);

3. Source testing company name, company contact name(s), and telephone number;

4. Source testing schedule and date(s);

5. Source description including a description of the pollution control device and sample locations;

6. Pollutant(s) to be measured;

7. Test methods;

8. Number of test runs and length of each individual test run;

9. A description of what constitutes representative process and control conditions for the source to be tested (i.e., production rate, etc.). This shall include the expected process and control conditions (including production rate) during testing;

10. Applicable process and/or production information to be collected during the source test;

11. Control device operating parameters to be monitored during the source test;

12. Fuel and/or raw material samples (if applicable), type of analysis, how the samples will be collected, and who will collect the samples;

13. Timeline for submittal of the final test report to SRCAA;

14. Any other testing information required by the Agency.

Once approved, the source test plan shall be followed. Changes to approved plans may be implemented upon receipt of Agency approval prior to completion of the source test. Test plan modification requests may be submitted in writing by either hard copy, facsimile, or e-mail. SRCAA may require a new series of tests for test plan modifications submitted after initiation of the tests and prior to completion of the tests.

F. Test Procedures.

1. The source test shall consist of a minimum of three (3) individual runs, unless otherwise required in the test method or written Agency approval is given for an alternative testing scenario prior to performing the source test.

2. The individual pollutant test runs for any source test shall be performed consecutively, with no overlap of any test runs for the same pollutant. Test runs may overlap provided the overlapping test runs are not for testing the same pollutant or are not being performed using the same test method. Each consecutive test run shall be initiated as soon as practicable after completion of the previous test run, unless Agency approval is given for an alternative testing scenario prior to performing the source test.

3. During each source test, the source to be tested shall be operated as described in the approved source test plan, unless an alternative operating scenario is approved by the Agency prior to performing the source test. Upon acceptance of the source test, the source will be limited to no more than 110% of the average production rate that the source operated during that source test, unless otherwise allowed by regulation or Agency issued Order.

G. Stoppages.

1. A source test may be stopped only because of safety reasons or testing and/or process equipment malfunction. The testing shall be resumed as soon as practicable. A source test may not be stopped solely due to the expected or known failure of one or more test runs to meet applicable standards.

2. The Agency shall be notified of any test stoppage as soon as practicable, but no later than the next working day (i.e., Monday through Friday, excluding legal holidays observed by the Agency).

3. The reason for the test stoppage shall be documented and included in the source test report. All test data collected during a stopped test shall be included in the source test report. The Agency will evaluate the reason for the stoppage and determine if it meets the stoppage provisions in Section 2.09.G.1.

H. Invalidation of Test Results. For any test results that are found or considered to be invalid, due to stoppages, sampling or analysis problems or errors, or other reasons, the invalid data must be included in the test report. The reason that the test results were invalidated shall be documented and included in the test report. The Agency will evaluate the reason for the test results invalidation and determine whether to accept or reject the source test results.

I. Postponements/Rescheduling. A source test shall not be postponed and/or rescheduled without prior Agency notification. Postponement notifications for a scheduled source test shall include the reason(s) for the requested postponement and the date of the rescheduled source test. Postponement and/or rescheduling notifications shall be made by telephone or submitted in writing by either hard copy, facsimile, or e-mail. Within two working days after a telephone notification is made, a written notification must be submitted by either hard copy, facsimile, or e-mail.

J. Test Reports.

1. Reports of all source tests performed under this section shall be submitted to the Agency regardless of the source test results (i.e., failure to meet an emission limit or standard, test stoppage, equipment malfunction, test data invalidation, etc.).

2. Source test reports shall be submitted to the Agency as described in the approved test plan, unless an alternative test report submittal timeline has received written Agency approval.

3. The source test report shall, at a minimum, include the following information:

a) Source testing company name, company contact name(s), and phone number;

b) Facility name, mailing address, and source location;

c) Facility contact name(s) and telephone number(s);

d) Description of the source and the sampling locations;

e) Date(s) of the source test;

f) Summary of results, reported in units and averaging periods consistent with the applicable emission standard.

g) Length, in minutes, of each individual test run, including start and end times for each individual test run;

h) Description of any test stoppages and re-starts, and the reasons for each test stoppage;

i) Description of any deviations from the approved source test plan and the reason for the deviation;

j) Description of the test methods and quality assurance procedures employed;

k) Operating parameters and production data for the source and control equipment during the test, as specified in the approved test plan under Section 2.09E.10-12;

l) Company name, contact name, and telephone number of the laboratory processing any samples;

m) All field data collected and example calculations;

n) Any reasons for considering a test run(s) to be invalid;

o) Any reasons for objection of use of a test run(s) for regulatory purposes;

p) A statement signed by the responsible official of the testing company certifying the validity of the source test report; and

q) Any other information specified and/or required by the Agency in the approved test plan.

K. Combustion Tests. Unless otherwise required by the Agency, combustion tests performed on fuel burning equipment for regulatory purposes shall meet all of the following requirements:

1. The Agency shall be notified at least two working days prior to performing the combustion test, unless an alternative notification timeline is approved the Agency.

2. The fuel burning equipment shall be operated at high fire during the combustion test. The combustion test shall be performed under representative operating conditions for the equipment.

3. The combustion test equipment shall be capable of analyzing for the pollutant to be measured.

4. Immediately prior to the test, the combustion analyzer shall be calibrated using the analyzer manufacturer's recommended calibration procedures.

5. During each combustion test, the following operational parameters shall be measured and recorded:

a) Concentration (ppmv) of the measured pollutant in the exhaust gases;

b) Exhaust gas temperature;

c) Percent oxygen for each pollutant concentration reading; and

d) Average load for the fuel burning equipment tested.

6. A report documenting the results of each combustion test shall be submitted to SRCAA within 30 calendar days of each test, unless an alternative test report submittal timeline has been approved the Agency. The report shall include:

a) Calibration report for the combustion analyzer, including the calibration method and type and concentration of each gas used to calibrate the combustion analyzer;

b) Summary of the measured pollutant emissions given in ppmv and corrected to 3% oxygen, unless a different correction is required by regulation or Agency issued Order;

c) Parameters listed under Section 2.09.K.5 above; and

d) Copies of actual data sheets.

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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

Washington State Code Reviser's Office