Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule revision involves an update of two WACs that regulate new or modified sources of air pollution emissions. The revision to chapter 173-460 WAC includes an update of the list of toxic air pollutants, recalculation of the acceptable source impact levels and small quantity emission rates to reflect current scientific findings, setting de minimis values for emissions of toxic air pollutants, and deleting out-of-date control technologies for best available control technologies. The revisions to WAC 173-400-110 consolidate the new source review process which has historically been divided between the two rules.
Citation of Existing Rules Affected by this Order: Amending WAC 173-400-110 General regulations for air pollution sources and chapter 173-460 WAC, Controls for new sources of toxic air pollutants.
Statutory Authority for Adoption: Washington Clean Air Act, RCW 70.94.152.
Adopted under notice filed as WSR 08-23-097 on November 19, 2008.
Changes Other than Editing from Proposed to Adopted Version: Ecology made two changes to the proposed rule language that are more substantive than editing changes. Both these changes are in WAC 173-460-150.
Pursuant to RCW 34.05.340 [(2)](c), changes that are more than editing changes require a brief description of the changes, and the principal reasons for adopting the changes. The brief description shall be filed with the code reviser together with the order of adoption for publication in the state register. Within sixty days of publication of the adopted rule in the state register, any interested person may petition the agency to amend any portion of the adopted rule that is substantially different from the proposed rule.
The following are the changes from the proposed rule language and the principal reasons for these changes. More detailed descriptions of these changes can be found in Section II of the concise explanatory statement and responsiveness summary for this rule revision.
Change to certain small quantity emission rates (SQERs) and de minimis levels: The SQERs and de minimis levels for the acceptable source impact levels (ASILs) with twenty-four hour averaging periods have been changed. The calculation used to determine both of these contained a mathematical error. When the raw one-hour concentration output was converted to a twenty-four hour averaging period one of the multiplication factors was inadvertently dropped from the formula. Ninety-two toxic air pollutants were affected by this error. This error did not affect the ASILs. The appropriate SQERs and de minimis values (which are calculated as 1/20 of the SQERs) have been corrected in the final text.
Change to de minimis levels for criteria pollutants: The de minimis levels for the four criteria pollutants listed in WAC 173-460-150 are also changed. The four criteria pollutants, nitrogen dioxide (NO2), sulfur dioxide (SO2), carbon dioxide (CO), and lead (Pb) are regulated as criteria pollutants in WAC 173-400-110 and as toxic air pollutants in chapter 173-460 WAC. To assure consistency between the two rules, ecology applied the existing WAC 173-400-110(5) exemption levels for NO2, CO, SO2, and Pb to their corresponding toxic air pollutant de minimis levels.
A final cost-benefit analysis is available by contacting Linda Whitcher, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6875, fax (360) 407-7534, e-mail email@example.com.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 2, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 4.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, 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: May 20, 2009.
Jay J. Manning
AMENDATORY SECTION(Amending Order 06-03, filed 5/8/07, effective 6/8/07)
WAC 173-400-110 New source review (NSR). In lieu of filing a notice of construction application under this section, the owner or operator may apply for coverage under an applicable general order of approval issued under WAC 173-400-560. Coverage under a general order of approval satisfies the requirement for new source review under RCW 70.94.152.
(a) This section, WAC 173-400-112 and 173-400-113 apply statewide except where an authority has adopted its own new source review rule.
(b) This section applies to sources as defined in RCW 70.94.030((
(21))) (22), but does not include nonroad engines. Nonroad engines are regulated under WAC 173-400-035.
(2) Projects subject to NSR - notice of construction application.
(a) A notice of construction application must be filed by
the owner or operator and an order of approval issued by the
permitting authority prior to ((
the establishment)) beginning
actual construction of any new source, except for the
(i) Those sources exempt under subsection (4) or (5) of this section; and
(ii) A source regulated under WAC 173-400-035.
For purposes of this section ((
"establishment" shall mean
to begin actual construction, as that term is defined in WAC 173-400-030, and)) "new source" (( shall)) includes any
modification to an existing stationary source, as defined in
WAC 173-400-030, and any new or modified toxic air pollutant
source, as defined in WAC 173-460-020.
(b) Regardless of any other subsection of this section, a
notice of construction application must be filed and an order
of approval issued by the permitting authority prior to
establishment)) beginning actual construction of any of the
following new sources:
(i) 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 ((
Part)) subpart AAA, Wood stoves (( (in
effect on February 20, 2001))) and except subpart IIII
(Standards of Performance for Stationary Compression Ignition
Internal Combustion Engines) and subpart JJJJ (Standards of
Performance for Stationary Spark Ignition Internal Combustion
Engines) as they apply to emergency stationary internal
combustion engines with a maximum engine power less than or
equal to 500 brake horsepower (federal rules in effect on
April 30, 2008);
(ii) 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 July 1, 2004), except for asbestos demolition and renovation projects subject to 40 CFR 61.145, and except from sources or emission units emitting only radionuclides, which are required to obtain a license under WAC 246-247-060, and are subject to 40 CFR Part 61, subparts H and/or I;
(iii) 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) ((
on October 1, 2006))) except subpart ZZZZ (National Emissions
Standards for Hazardous Air Pollutants for Stationary
Reciprocating Internal Combustion Engines) as it applies to
emergency or limited use stationary reciprocating internal
combustion engines with a maximum engine power less than or
equal to 500 brake horsepower (federal rules in effect on
April 30, 2008);
(iv) Any project that qualifies as a new major stationary source, or a major modification to a major stationary source subject to the requirements of WAC 173-400-112;
(v) Any modification to a stationary source that requires an increase either in a plant-wide cap or in a unit specific emission limit.
(c) 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, must send a copy of the application to the responsible federal land manager.
(3) Modifications. New source review of a modification
shall be)) is limited to the emission unit or units proposed
to be added to an existing 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
173-400-720, as applicable.
(4) Emission unit and activity exemptions.
Except as provided in subsection (2) of this section,
establishment of a new emission unit that falls within)) the
construction or modification of emission units in 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)) construction or modification of (( a)) an
emission unit exempt under this subsection does not require
the filing of a notice of construction application.
(i) Cleaning and sweeping of streets and paved surfaces;
(ii) Concrete application, and installation;
(iii) Dredging wet spoils handling and placement;
(iv) Paving application and maintenance, excluding asphalt plants;
(v) Plant maintenance and upkeep activities (grounds keeping, general repairs, routine house keeping, routine plant painting, welding, cutting, brazing, soldering, plumbing, retarring roofs, etc.);
(vi) Plumbing installation, plumbing protective coating application and maintenance activities;
(vii) Roofing application;
(viii) Insulation application and maintenance, excluding products for resale;
(ix) Janitorial services and consumer use of janitorial products.
(b) Storage tanks:
|Note:||It can be difficult to determine requirements for storage tanks. Ecology strongly recommends that an owner or operator contact the permitting authority to determine the exemption status of storage tanks prior to their installation.|
(ii) Polymer tanks and storage devices and associated pumping and handling equipment, used for solids dewatering and flocculation;
(iii) Storage tanks, reservoirs, pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions;
(iv) Process and white water storage tanks;
(v) Operation, loading and unloading of storage tanks and storage vessels, with lids or other appropriate closure and less than 260 gallon capacity (35 cft);
(vi) Operation, loading and unloading of storage tanks, ≤ 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;
(vii) Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas with a vessel capacity less than 40,000 gallons;
(viii) 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 inputs of combustion units (excluding emergency engines exempted by subsection (4)(h)(xxxix) of this section), ≤ all of the following:
(i) ≤ 500,000 Btu/hr using coal with ≤ 0.5% sulfur or other fuels with ≤ 0.5% sulfur;
(ii) ≤ 500,000 Btu/hr used oil, per the requirements of RCW 70.94.610;
(iii) ≤ 400,000 Btu/hr wood waste or paper;
<)) ≤ 1,000,000 Btu/hr using kerosene, #1, or #2
fuel oil and with ≤0.05% sulfur;
(v) ≤ 4,000,000 Btu/hr using natural gas, propane, or LPG.
(d) Material handling:
(i) Continuous digester chip feeders;
(ii) Grain elevators not licensed as warehouses or dealers by either the Washington state department of agriculture or the U.S. Department of Agriculture;
(iii) Storage and handling of water based lubricants for metal working where organic content of the lubricant is ≤ 10%;
(iv) 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:
(i) Septic sewer systems, not including active wastewater treatment facilities;
(ii) NPDES permitted ponds and lagoons used solely for the purpose of settling suspended solids and skimming of oil and grease;
(iii) De-aeration (oxygen scavenging) of water where toxic air pollutants as defined in chapter 173-460 WAC are not emitted;
(iv) Process water filtration system and demineralizer vents;
(v) Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems;
(vi) Demineralizer tanks;
(vii) Alum tanks;
(viii) Clean water condensate tanks.
(f) Environmental chambers and laboratory equipment:
(i) Environmental chambers and humidity chambers not using toxic air pollutant gases, as regulated under chapter 173-460 WAC;
(ii) Gas cabinets using only gases that are not toxic air pollutants regulated under chapter 173-460 WAC;
(iii) Installation or modification of a single laboratory fume hood;
(iv) Laboratory research, experimentation, analysis and testing at sources whose primary purpose and activity is research or education. To be exempt, these sources must not engage in the production of products, or in providing commercial services, for sale or exchange for commercial profit except in a de minimis manner. Pilot-plants or pilot scale processes at these sources are not exempt.
(v) Laboratory calibration and maintenance equipment.
(g) Monitoring/quality assurance/testing:
(i) Equipment and instrumentation used for quality control/assurance or inspection purpose;
(ii) Hydraulic and hydrostatic testing equipment;
(iii) Sample gathering, preparation and management;
(iv) Vents from continuous emission monitors and other analyzers.
(i) Single-family residences and duplexes;
(ii) Plastic pipe welding;
(iii) Primary agricultural production activities including soil preparation, planting, fertilizing, weed and pest control, and harvesting;
(iv) Comfort air conditioning;
(v) Flares used to indicate danger to the public;
(vi) Natural and forced air vents and stacks for bathroom/toilet activities;
(vii) Personal care activities;
(viii) Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;
(ix) Tobacco smoking rooms and areas;
(x) Noncommercial smokehouses;
(xi) Blacksmith forges for single forges;
(xii) Vehicle maintenance activities, not including vehicle surface coating;
(xiii) Vehicle or equipment washing (see (c) of this subsection for threshold for boilers);
(xiv) Wax application;
(xv) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment not including internal and external combustion equipment;
(xvi) Ozone generators and ozonation equipment;
(xvii) Solar simulators;
(xviii) Ultraviolet curing processes, to the extent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted;
(xix) Electrical circuit breakers, transformers, or switching equipment installation or operation;
(xx) Pulse capacitors;
(xxi) Pneumatically operated equipment, including tools and hand held applicator equipment for hot melt adhesives;
(xxii) Fire suppression equipment;
(xxiii) Recovery boiler blow-down tank;
(xxiv) Screw press vents;
(xxv) Drop hammers or hydraulic presses for forging or metal working;
(xxvi) Production of foundry sand molds, unheated and using binders less than 0.25% free phenol by sand weight;
(xxvii) Kraft lime mud storage tanks and process vessels;
(xxviii) Lime grits washers, filters and handling;
(xxix) Lime mud filtrate tanks;
(xxx) Lime mud water;
(xxxi) Stock cleaning and pressurized pulp washing down process of the brown stock washer;
(xxxii) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities and transportation marketing facilities;
(xxxiii) 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;
(xxxiv) Surface coating, aqueous solution or suspension containing ≤ 1% (by weight) VOCs, and/or toxic air pollutants as defined in chapter 173-460 WAC;
(xxxv) Cleaning and stripping activities and equipment using solutions having ≤ 1% VOCs (by weight); on metallic substances, acid solutions are not exempt;
(xxxvi) Dip coating operations, using materials less than 1% VOCs (by weight) and/or toxic air pollutants as defined in chapter 173-460 WAC.
(xxxvii) Abrasive blasting performed inside a booth or hangar designed to capture the blast grit or overspray.
(xxxviii) For structures or items too large to be reasonably handled indoors, abrasive blasting performed outdoors that employs control measures such as curtailment during windy periods and enclosure of the area being blasted with tarps and uses either steel shot or an abrasive containing less than one percent (by mass) which would pass through a No. 200 sieve.
(xxxix) Emergency generators powered by internal combustion engines with a maximum power of less than or equal to 500 brake horsepower.
(xl) Gasoline dispensing facilities (GDFs) regulated by chapter 173-491 WAC.
(5) Exemptions based on emissions.
(a) Except as provided in subsection (2) of this section and in this subsection:
(i) Construction of a new emissions unit that has a potential to emit below each of the 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.
(ii) 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 ((
notify, and upon request, file a brief project summary with
the permitting authority prior to beginning actual
construction on the project. If the permitting authority
determines that the project will have more than a de
(( minimus)) minimis impact on air quality, the permitting
authority may require the filing of a notice of construction
application. The permitting authority may require the owner
or operator to demonstrate that the emissions increase from
the new or modified emission(( s)) unit is smaller than all of
the levels listed below.
(c) The owner/operator may begin actual construction on the project thirty-one days after the permitting authority receives the summary, unless the permitting authority notifies the owner/operator within thirty days that the proposed new source requires a notice of construction application.
(d) Exemption level table:
(a) Total Suspended Particulates
|(d) Sulfur Oxides||2.0|
|(in effect on July 1, 2000), total|
(6) Application processing - completeness determination.
(a) Within thirty days after receiving a notice of
construction application, the permitting authority ((
must 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
(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).
(7) Final determination.
(a) Within sixty days of receipt of a complete notice of
construction application, the permitting authority ((
must either issue a final decision on the application or for
those projects subject to public notice under WAC 173-400-171(1), initiate notice and comment on a proposed
decision, followed as promptly as possible by a final
(b) A person seeking approval to construct or modify a
source that requires an operating permit may elect to
integrate review of the operating permit application or
amendment required under chapter 173-401 WAC and the notice of
construction application required by this section. A notice
of construction application designated for integrated review
shall)) must be processed in accordance with operating
permit program procedures and deadlines in chapter 173-401 WAC
and must also comply with WAC 173-400-171.
(c) Every final determination on a notice of construction
shall)) must 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
(d) If the new source is a major stationary source or the
change is a major modification subject to the requirements of
WAC 173-400-112, the permitting authority ((
(i) Submit any control technology determination included in a final order of approval for a major source or a major modification to a major stationary source in a nonattainment area to the RACT/BACT/LAER clearinghouse maintained by EPA; and
(ii) Send a copy of the final approval order to EPA.
(8) Appeals. Any conditions contained in an order of
approval, or the denial of a notice of construction
application may be appealed to the pollution control hearings
board as provided in chapter 43.21B RCW. The permitting
shall)) must promptly mail copies of each order
approving or denying a notice of construction 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 pollution control
(9) Construction time limitations. Approval to construct or modify a stationary source 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 permitting authority may extend the eighteen-month period upon a satisfactory showing that an extension is justified. The extension of a project that is either a major stationary source in a nonattainment area or a major modification in a nonattainment area must also require LAER as it exists at the time of the extension. 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 commence construction date.
(10) Change of conditions.
(a) The owner or operator may request, at any time, a change in conditions of an approval order and the permitting authority may approve the request provided the permitting authority finds that:
(i) The change in conditions will not cause the source to exceed an emissions standard;
(ii) No ambient air quality standard will be exceeded as a result of the change;
(iii) The change will not adversely impact the ability of ecology or the authority to determine compliance with an emissions standard;
(iv) 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
(v) The revised order meets the requirements of WAC 173-400-110, 173-400-112, 173-400-113 ((
and)), 173-400-720 and
173-460-040(3), as applicable.
(b) Actions taken under this subsection are subject to the public involvement provisions of WAC 173-400-171 or the permitting authority's public notice and comment procedures.
(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 subsections (6) and
(7) of this section. The fee schedule found in WAC
173-400-116 shall also apply)) 173-455-120 applies to
requests filed with ecology as notice of construction
(11) Enforcement. All persons who receive an order of approval must comply with all approval conditions contained in the order of approval.
[Statutory Authority: RCW 70.94.395 and 70.94.331. 07-11-039 (Order 06-03), § 173-400-110, filed 5/8/07, effective 6/8/07. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-110, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, [70.94.]152, [70.94.]331, [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-110, filed 8/15/01, effective 9/15/01. Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331. 98-15-129 (Order 98-04), § 173-400-110, filed 7/21/98, effective 8/21/98. Statutory Authority: RCW 70.94.152. 98-01-183 (Order 96-01), § 173-400-110, filed 12/23/97, effective 1/23/98. Statutory Authority: Chapter 70.94 RCW. 93-18-007 (Order 93-03), § 173-400-110, filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-110, filed 2/19/91, effective 3/22/91. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), § 173-400-110, filed 4/15/83. Statutory Authority: RCW 70.94.331, 70.94.510, and 70.94.785. 81-03-002 (Order DE 80-53), § 173-400-110, filed 1/8/81. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), § 173-400-110, filed 8/20/80. Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 (Order DE 78-21), § 173-400-110, filed 5/8/79; Order DE 76-38, § 173-400-110, filed 12/21/76. Formerly WAC 18-04-110.]
AMENDATORY SECTION(Amending Order 90-62, filed 6/18/91, effective 9/18/91)
WAC 173-460-010 Purpose. (1) Pursuant to chapter 70.94 RCW, Washington Clean Air Act, the purpose of this chapter is to establish the systematic control of new or modified sources emitting toxic air pollutants (TAPs) in order to prevent air pollution, reduce emissions to the extent reasonably possible, and maintain such levels of air quality as will protect human health and safety. Toxic air pollutants include carcinogens and noncarcinogens listed in WAC 173-460-150 ((
(2) This chapter establishes three major requirements:
(a) Best available control technology for toxics;
(b) Toxic air pollutant emission quantification;
(c) Human health and safety protection demonstration.
(3) Policy. It is the policy of ecology to reduce, avoid, or eliminate toxic air pollutants prior to their generation whenever economically and technically practicable.
[Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-010, filed 6/18/91, effective 9/18/91.]
(1) "Acceptable source impact analysis" means a procedure
for demonstrating compliance with WAC 173-460-070 ((
173-460-080)), that compares maximum incremental ambient air
impacts with applicable acceptable source impact levels
(2) "Acceptable source impact level (ASIL)" means a
screening concentration of a toxic air pollutant in the
outdoor atmosphere in any area which does not have
restricted or controlled public access that is used to
evaluate the air quality impacts of a single source. There
are three types of acceptable source impact levels:
Risk-based, threshold-based, and special. Concentrations for
these three types of ASILs are determined as provided in WAC 173-460-110. ASILs are listed in WAC 173-460-150 and
(3) "Authority" means an air pollution control authority activated pursuant to chapter 70.94 RCW that has jurisdiction over the subject source. Ecology is the authority if an air pollution control authority has not been activated or if ecology has jurisdiction over the source pursuant to RCW 70.94.395.
(4))) ambient air. The ASIL for each toxic air pollutant is listed in WAC 173-460-150.
(3) "Best available control technology for toxics
T-BACT)) tBACT)" (( applies to each toxic air pollutant
(TAP) discharged or mixture of TAPs, taking in account the
potency quantity and toxicity of each toxic air pollutant or
mixture of TAPs discharged in addition to the meaning given in
(5) "Carcinogenic potency factor" means the upper 95th percentile confidence limit of the slope of the dose-response curve and is expressed in units of (mg/kg-day)-1.
(6) "Class A toxic air pollutant (Class A TAP)" means a substance or group of substances listed in WAC 173-460-150.
(7) "Class B toxic air pollutant (Class B TAP)" means any substance that is not a simple asphyxiant or nuisance particulate and that is listed in WAC 173-460-160.
(8) "EPA's Dispersion Modeling Guidelines" means the United States Environmental Protection Agency Guideline on Air Quality Models, EPA (Revised) 40 CFR Part 51 Appendix W, and is hereby incorporated by reference.
(9) "EPA's Risk Assessment Guidelines" means the United States Environmental Protection Agency's Guidelines for Carcinogenic Risk Assessment, 51 FR 33992 (September 24, 1986) and is hereby incorporated by reference.
(10))) means best available control technology, as that term is defined in WAC 173-400-030, as applied to toxic air pollutants.
(4) "De minimis emissions" means trivial levels of emissions that do not pose a threat to human health or the environment. The de minimis emission threshold values are listed in WAC 173-460-150.
(5) "Increased cancer risk of one in one hundred
thousand" means the 95th percent upper bound on the estimated
risk of one additional cancer above the background cancer rate
per one hundred thousand individuals continuously exposed to a
Class A)) carcinogenic toxic air pollutant at a given
average dose for a specified time.
(11) "Increased cancer risk of one in one million"
means the 95th percent upper bound on the estimated risk of
one additional cancer above the background cancer rate per one
million individuals continually exposed to a Class A toxic air
pollutant at a given average dose for a specified time.
(12) "Inhalation Reference Concentration (Inhalation RfC)" means a reference concentration published in the United States Environmental Protection Agency Integrated Risk Information System (IRIS).
(13) "Mixture" means a combination of two or more substances mixed in arbitrary proportions.
(14) "Modification" means any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted by such source or that results in the emission of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition of modification in Section 7411, Title 42, United States Code, and with rules implementing that section. For purposes of this chapter, the term "air contaminant" shall mean "toxic air contaminant" or "toxic air pollutant" as defined in subsection (20) of this section.
(15))) (6) "New or modified toxic air pollutant source"
(a))) the construction or modification of a stationary
source that increases the amount of any toxic air pollutant
emitted by such source or that results in the emission of any
toxic air pollutant not previously emitted((
(b) Any other project that constitutes a new source under section 112 of the Federal Clean Air Act.
(16) "Second Tier Analysis" means an optional procedure used after T-BACT and acceptable source impact analysis for demonstrating compliance with WAC 173-460-070. The second tier analysis uses a health impact assessment as provided in WAC 173-460-090, instead of an acceptable source impact level.
(17) "Simple asphyxiant" means a physiologically inert gas or vapor that acts primarily by diluting atmospheric oxygen below the level required to maintain proper levels of oxygen in the blood. Examples of simple asphyxiants are given in Appendix X of the TLV Booklet referred to in subsection (19) of this section and incorporated by reference.
(18) "Threshold limit value-time weighted average (TLV-TWA)" means a concentration limit recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) for a normal eight-hour workday and forty-hour workweek.
(19) "TLV Booklet" means "TLVs, Threshold Limit Values and Biological Exposure Indices for 1991-92," published by the American Conference of Governmental Industrial Hygienists and is hereby incorporated by reference.
(20))) (7) "Small quantity emission rate (SQER)" means a level of emissions below which dispersion modeling is not required to demonstrate compliance with acceptable source impact levels. SQERs are listed in WAC 173-460-150.
(8) "Toxic air pollutant (TAP)" ((
or "toxic air
contaminant")) means any (( Class A or Class B)) toxic air
pollutant listed in WAC 173-460-150 (( and 173-460-160. The
term toxic air pollutant may include particulate matter and
volatile organic compounds if an individual substance or a
group of substances within either of these classes is listed
in WAC 173-460-150 and/or 173-460-160. The term toxic air
pollutant does not include particulate matter and volatile
organic compounds as generic classes of compounds.
(21) "Upper bound unit risk factor" means the 95 percent upper confidence limit of an estimate of the extra risk of cancer associated with a continuous 70 year exposure to 1 ug/m3 of a Class A toxic air pollutant)).
[Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-020, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-020, filed 6/18/91, effective 9/18/91.]
(a))) The provisions of this chapter ((
statewide. (( The authority shall enforce WAC 173-460-010,
173-460-020, 173-460-030, 173-460-040, 173-460-050,
173-460-060, 173-460-070, 173-460-080, 173-460-130,
173-460-140, 173-460-150, and 173-460-160.
(b) Except as provided in this chapter, any new toxic air pollutant source listed in (b)(i), (ii), or (iii) of this subsection that may emit a Class A or Class B TAP into the ambient air is subject to these regulations:
(i) Standard industrial classifications:
(A) Major group 10-Metal mining.
(B) Major group 12-Bituminous coal and lignite mining.
(C) Major group 13-Oil and gas extraction.
(D) Manufacturing industries major groups 20-39.
(E) Major group 49-Electric, gas, and sanitary services except 4971 irrigation systems.
(F) Dry cleaning plants, 7216.
(G) General medical surgical hospitals, 8062.
(H) Specialty hospitals, 8069.
(I) National security, 9711.
(ii) Any source or source category listed in WAC 173-400-100, 173-400-115(2), or 173-490-030(1) except WAC 173-490-030 (1)(e) gasoline dispensing facilities.
(iii) Any of the following sources:
(B) Sites subject to chapter 173-340 WAC Model Toxics Control Act -- Cleanup regulation.
(2) Exempt sources.
(a) Containers such as tanks, barrels, drums, cans, and buckets are exempt from the requirements of this chapter unless equipped with a vent other than those required solely as safety pressure release devices.
(b) Nonprocess fugitive emissions of toxic air pollutants from stationary sources, such as construction sites, unpaved roads, coal piles, waste piles, and fuel and ash handling operations are exempt from WAC 173-460-060.
(c) The following sources are generally exempt from the requirements of WAC 173-460-050, 173-460-070, 173-460-080, and 173-460-090. However, the authority may on a case-by-case basis, require compliance with these sections if the authority determines that the amount of emissions, nature of pollutant, or source location indicate that the ambient impact should be evaluated.
(i) Perchloroethylene dry cleaners
(ii) Petroleum solvent dry cleaning systems
(iii) Solvent metal cleaners
(iv) Chromic acid plating and anodizing
(v) Abrasive blasting
(d) Demolition and renovation projects involving asbestos removal and disposal are exempt from the requirements of this chapter.
(e) Process vents subject to 40 C.F.R. Parts 264 and 265, Subpart AA are exempt from the requirements of this chapter.)) WAC 173-460-090 and 173-460-100 must be implemented solely by ecology.
[Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-030, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-030, filed 6/18/91, effective 9/18/91.]
(a) The owner or operator of a new toxic air pollutant source listed in WAC 173-460-030(1) shall notify the authority prior to the construction, installation, or establishment of a new toxic air pollutant source and shall file a notice of construction application with the authority for the proposed emission unit(s). Notification and notice of construction are not required if the source is an exempt source listed in WAC 173-460-030(2) or subsection (2) of this section.
(b) The notice of construction and new source review applies only to the affected emission unit(s) and the contaminants emitted from the emission unit(s).
(c) New source review of a modification shall be limited to the emission unit or units proposed to be modified and the toxic air contaminants whose emissions would increase as a result of the modification.
(2) The owner or operator of a new toxic air pollutant source listed in WAC 173-460-030(1) is not required to notify or file a notice of construction with the authority if any of the following conditions are met:
(a) Routine maintenance or repair requires equivalent replacement of air pollution control equipment; or
(b) The new source is a minor process change that does not increase capacity and total toxic air pollutant emissions do not exceed the emission rates specified in small quantity emission rate tables in WAC 173-460-080; or
(c) The new source is the result of minor changes in raw material composition and the total toxic air pollutant emissions do not exceed the emission rates specified in the small quantity emission rate tables in WAC 173-460-080.
(3) Additional information. Within thirty days of receipt of a notice of construction, the authority may require the submission of additional plans, specifications, and other information necessary for the review of the proposed new or modified source.
(4) Requirements for new toxic air pollutant sources. The authority shall review notice(s) of construction, plans, specifications, and other associated information to determine that:
(a) The source will be in accord with applicable federal, state, and authority air pollution control rules and regulations;
(b) The source will)) An action that is exempt from new source review under WAC 173-400-110 (4) or (5) is exempt under this chapter as well, except that a local air authority may adopt its own list of exemptions in accordance with RCW 70.94.331 (2)(b) to operate in lieu of or in addition to the exemptions in WAC 173-400-110 (4) and (5). An action that requires a notice of construction application under WAC 173-400-110 is subject to the review requirements of this chapter, unless the emissions before control equipment of each toxic air pollutant from a new source or the increase in emissions from each modification is less than the applicable de minimis emission threshold for that TAP listed in WAC 173-460-150.
(2) New source review of a modification is limited to the emission unit or units proposed to be modified and the TAPs whose emissions would increase as a result of the modification.
(3) The permitting authority that is reviewing a notice of construction application for a new or modified toxic air pollutant source must ensure that:
(a) The new or modified emission units use ((
tBACT for emissions control for the toxic air pollutants
(( which are likely to increase)) with emission increases that
trigger the need to submit a notice of construction
(c) Sources required to use T-BACT for emission control
demonstrate compliance)) (b) The new or modified emission
units comply with WAC 173-460-070 as demonstrated by using the
procedures established in WAC 173-460-080 or, failing that,
demonstrates compliance(( ,)) by using the additional
procedures in WAC 173-460-090 and/or 173-460-100.
(5) Preliminary determination. Within thirty days
after receipt of all information required, the authority
(a) Make preliminary determinations on the matters set forth in this section; and
(b) Initiate compliance with the provisions of WAC 173-400-171 relating to public notice and public comment, as applicable.
(6) Final determination. If, after review of all information received including public comment, the authority finds that all the conditions in this section are satisfied, the authority shall issue a regulatory order to approve the notice of construction for the proposed new source or modification. If the authority finds that the conditions in this section are not satisfied, the authority shall issue an order for the prevention of construction, installation, or establishment of the toxic air pollution source(s). Where ecology has jurisdiction, it will endeavor to make final determinations as promptly as possible.
(7) Appeal of decision. A final notice of construction decision may be appealed to the pollution control hearings board pursuant to chapter 43.21B RCW.
(8) Commencement of construction. The owner(s) or operator(s) of the new source shall not commence construction until the applicable notice of construction has been approved.
(9) Operation and maintenance plan. As a condition of notice of construction approval, prior to start up, the authority may require a plan for the operation and maintenance of all equipment and procedures to assure continuous compliance with this chapter.
(a) A copy of the plan shall be filed with the authority upon request.
(b) The plan shall reflect good industrial practice and may include operating parameters and maintenance procedures, and shall be updated to reflect any changes in good industrial practice.
(c) Submittal of all plans should coincide with the authorities reporting requirements where applicable.
(10) Jurisdiction. Emission of toxic air pollutants that exceed the acceptable source impact levels listed in WAC 173-460-150 and 173-460-160 requires ecology and, if applicable, authority approval as specified in WAC 173-460-090 and 173-460-100.))
[Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-040, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-040, filed 6/18/91, effective 9/18/91.]
(a) When applying for a notice of construction, an
owner or operator of)) A notice of construction application
for a new or modified toxic air (( pollution)) pollutant source
(( shall)) must quantify (( those emissions of each TAP or
combination of TAPs that:
(i) Will be used for the modeling procedures in WAC 173-460-080; and
(ii) That may be discharged after applying required control technology. The information shall be submitted to the authority.
(b) Emissions shall be quantified in sufficient detail to determine whether the source complies with the requirements of this chapter)) the increase in the emissions of each TAP, after application of tBACT, emitted by the new or modified emission units.
(2) Small quantity ((
sources)) emission rates.
Sources that choose to use small quantity emission rate
tables instead of using)) A notice of construction application
that relies on SQERs rather than dispersion modeling (( shall))
to demonstrate compliance with WAC 173-460-070 must quantify
the increase in emissions (( as required under WAC 173-460-080,
in)) of each TAP emitted by the new or modified emission units
after application of tBACT. The quantification must contain
sufficient detail to demonstrate to the satisfaction of the
permitting authority that the increase in emissions (( are)) is
less than the applicable small quantity emission rates listed
in WAC (( 173-460-080)) 173-460-150.
(3) Level of detail.
An acceptable source impact level analysis under WAC 173-460-080((
,)) may be based on a conservative estimate of
emissions that represents good engineering judgment. If
compliance with WAC 173-460-070 and 173-460-080 cannot be
demonstrated, more precise emission estimates (( shall)) may be
used to demonstrate compliance with WAC 173-460-090.
(4) Mixtures of toxic air pollutants.
(a) An owner or operator of a source that may discharge more than one toxic air pollutant may demonstrate compliance with WAC 173-460-070 and 173-460-080 by:
(i) Quantifying emissions and performing modeling for each TAP individually; or
(ii) Calculating the sum of all TAP emissions and performing modeling for the total TAP emissions and comparing maximum ambient levels to the smallest ASIL; or
(iii) Equivalent procedures may be used if approved by ecology.
(b) Dioxin and furan emissions shall be considered together as one TAP and expressed as an equivalent emission of 2,3,7,8 TCDD based on the relative potency of the isomers in accordance with United States Environmental Protection Agency (EPA) guidelines.
(d) Uncontrolled roof vent emissions from primary aluminum smelters. The owner or operator of a primary aluminum smelter that may emit a mixture of polyaromatic hydrocarbons from uncontrolled roof vents shall quantify PAH emissions using either of the following methods:
(i) Quantify PAH emissions using the procedures in (c) of this subsection; or
(ii) Multiply the total particulate emission mass from the uncontrolled roof vents by the percent of the particulate that is extractable organic matter. The percent extractable organic matter shall be considered one percent of total particulate matter unless ecology determines that there is compelling scientific data which demonstrates that the use of this value is inappropriate. The acceptable source impact analysis shall be conducted using the primary aluminum smelter uncontrolled roof vent PAH emission ASIL contained in WAC 173-460-150(3). Note: For example, 100 grams of particulate air emission mass times one percent yields one gram of PAH emissions.))
[Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-050, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-050, filed 6/18/91, effective 9/18/91.]
(1) Perchloroethylene dry cleaners. The requirements for perchloroethylene dry cleaners found in WAC 173-400-075 are considered T-BACT.
(2) Petroleum solvent dry cleaning systems. A petroleum solvent dry cleaning system shall include the following:
(a) All cleaned articles are dried in a solvent recovery dryer or the entire dryer exhaust is vented through a properly functioning control device which will reduce emissions to no more than 3.5 kg of VOC per 100 kg dry weight of cleaned articles; and
(b) All cartridge filtration systems are drained in their sealed housing or other enclosed container before discarding the cartridges; and
(c) All leaking components shall be repaired immediately.
(3) Chromic acid plating and anodizing. The facility-wide uncontrolled hexavalent chromium emissions from plating or anodizing tanks shall be reduced by at least ninety-five percent using either of the following control techniques:
(a) An antimist additive or other equally effective control method approved by ecology or authority; or
(b) The tank is equipped with:
(i) A capture system which represents good engineering practice and which shall be in place and in operation at all times electrical current is applied to the tank; and
(ii) An emission control system which limits hexavalent chromium emissions to no more than 0.15 milligrams per ampere-hour of electrical charge applied to the tank or uncontrolled emissions shall be reduced by ninety-five percent.
(4) Chromic acid plating and anodizing (greater than 1 kilogram). If the facility-wide hexavalent chromium emissions from chromic acid plating and anodizing are greater than 1 kilogram per year after the application of control techniques required by subsection (3) of this section, the facility-wide hexavalent chromium emissions shall be reduced by at least ninety-nine percent using either of the following control techniques:
(a) An antimist additive or other equally effective control method approved by ecology or authority; or
(b) The tank is equipped with:
(i) A capture system which represents good engineering practice and which shall be in place and in operation at all times electrical current is applied to the tank; and
(ii) An emissions control system which limits hexavalent chromium emissions to no more than 0.03 milligrams per ampere-hour of electrical charge applied to the tank or uncontrolled emissions shall be reduced by ninety-nine percent.
(5) Solvent metal cleaners.
(a) Any solvent metal cleaner shall include all of the following equipment:
(i) A cover for the solvent tank which shall be closed at all times except when processing work in the degreaser. However, the cover shall be closed to the maximum extent possible when parts are being degreased;
(ii) A facility for draining cleaned parts such that the drained solvent is returned to the solvent tank;
(iii) For cold solvent cleaners, a freeboard ratio greater than or equal to 0.75;
(iv) Vapor degreasers shall have:
(A) A high vapor cutoff thermostat with manual reset; and
(B) For degreasers with spray devices, a vapor-up thermostat which will allow spray operation only after the vapor zone has risen to the design level; and
(C) Either a freeboard ratio greater than or equal to 1.00 or a refrigerated freeboard chiller; and
(v) Conveyorized vapor degreasers shall have:
(A) A drying tunnel or a rotating basket sufficient to prevent cleaned parts from carrying liquid solvent out of the degreaser; and
(B) A high vapor cutoff thermostat with manual reset; and
(C) A vapor-up thermostat which will allow conveyor movement only after the vapor zone has risen to the design vapor level.
(b) The operation of any solvent metal cleaner shall meet the following requirements:
(i) Solvent shall not leak from any portion of the degreasing equipment;
(ii) Solvent, including waste solvent, shall be stored in closed containers and shall be disposed of in such a manner as to prevent its evaporation into the atmosphere;
(iii) For cold cleaners, cleaned parts shall be drained until dripping ceases; and
(iv) Degreasers shall be constructed to allow liquid solvent from cleaned parts to drain into a trough or equivalent device and return to the solvent tank.
(c) For open-top vapor degreasers, solvent drag-out shall be minimized by the following measures:
(i) Racked parts shall be allowed to drain fully;
(ii) The work load shall be degreased in the vapor zone until condensation ceases;
(iii) Spraying operations shall be done within the vapor layer;
(iv) When using a powered hoist, the vertical speed of parts in and out of the vapor zone shall be less than three meters per minute (ten feet per minute);
(v) When the cover is open, the lip of the degreaser shall not be exposed to steady drafts greater than 15.3 meters per minute (fifty feet per minute); and
(vi) When equipped with a lip exhaust, the fan shall be turned off when the cover is closed.
(d) For conveyorized vapor degreasers, solvent drag-out shall be minimized by the following measures:
(i) Racked parts shall be allowed to drain fully; and
(ii) Vertical conveyor speed shall be maintained at less than three meters per minute (ten feet per minute).
(6) Abrasive blasting.
(a) Abrasive blasting shall be performed inside a booth or hangar designed to capture the blast grit or overspray.
(b) Outdoor blasting of structures or items too large to be reasonably handled indoors shall employ control measures such as curtailment during windy periods and enclosure of the area being blasted with tarps.
(c) Outdoor blasting shall be performed with either steel shot or an abrasive containing less than one percent (by mass) which would pass through a No. 200 sieve.
(d) All abrasive blasting with sand shall be performed inside a blasting booth or cabinet.))
(2) A notice of construction application for a new or modified toxic air pollutant source must demonstrate that the new or modified emission units will employ tBACT for all TAPs for which the increase in emissions will exceed de minimis emission values as found in WAC 173-460-150. TAP emission increases from nonprocess fugitive emissions activities such as construction or demolition sites, unpaved and paved roads, coal piles, waste piles and fuel and ash handling operations are exempt from the requirement to apply tBACT.
[Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331. 98-15-129 (Order 98-04), § 173-460-060, filed 7/21/98, effective 8/21/98. Statutory Authority: Chapter 70.98 RCW. 98-04-062 (Order 97-38), § 173-460-060, filed 2/2/98, effective 3/5/98. Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-060, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-060, filed 6/18/91, effective 9/18/91.]
[Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-070, filed 6/18/91, effective 9/18/91.]
(2) Any order issued under this section is subject to the notice and comment procedures in WAC 173-400-171 or the permitting authority's public notice and commenting procedures.
(3) Any order issued under this section must include monitoring, recordkeeping, and reporting requirements sufficient to ensure that the applicant complies with any conditions established under this section. Monitoring requirements must use terms, test methods, units, averaging periods, and other statistical conventions consistent with the requirements of WAC 173-400-105.
Acceptable source impact analysis.
(a) Carcinogenic effects. The owner or operator shall use dispersion modeling to estimate the maximum incremental ambient impact of each Class A TAP from the source and compare the estimated incremental ambient values to the Class A acceptable source impact levels in WAC 173-460-150. If applicable, the source may use the small quantity emission rate tables in (e) of this subsection.
(b) Other toxic effects. The owner or operator shall use dispersion modeling to estimate the maximum incremental ambient impact of each Class B TAP from the source and compare the estimated ambient values to the Class B acceptable source impact levels in WAC 173-460-160. If applicable, the source may use the small quantity emission rate tables in (e) of this subsection.
(c) Dispersion modeling. The owner or operator shall use dispersion modeling techniques in accordance with EPA guidelines. If concentrations predicted by dispersion screening models exceed applicable acceptable source impact levels, more refined modeling and/or emission estimation techniques shall be used. Refined modeling techniques shall be approved by ecology and the authority. (Note: EPA's Guideline on Air Quality Models, EPA 450/2-78-027R, can be obtained through NTIS (703) 487-4650 or can be downloaded from the OAQPS Technology Transfer Network electronic bulletin board system).
(d) Averaging times. The owner or operator shall use the averaging times in (d)(i), (ii), (iii) of this subsection unless alternate averaging times are approved by ecology. Ecology may allow the use of an alternate averaging time if it determines that the operating procedures of the source may cause a high concentration of a TAP for a short period and that consideration of potential health effects due to peak exposures may be warranted for the TAP.
(i) An annual average shall be used for Class A TAPs listed in WAC 173-460-150(2).
(ii) The averaging times specified in WAC 173-460-150(3) shall be used for Class A TAPs listed in WAC 173-460-150(3).
(iii) A twenty-four-hour averaging time shall be used for Class B TAPs listed in WAC 173-460-160.
(e) Small quantity emission rates. Instead of using dispersion modeling to show compliance with ambient impact demonstration requirements in WAC 173-460-080 and 173-460-090, a source may use the small quantity emission rate tables for all toxic air pollutants with acceptable source impact levels equal to or greater than 0.001 ug/m3. A source must first meet control technology and emission quantification requirements of WAC 173-460-050 and 173-460-060, then demonstrate that the source emission rate does not exceed the rates specified in the appropriate table below.
CLASS A TOXIC AIR POLLUTANTS
Level (Annual ug/m3)
Pounds per Year
(10 meter stack
0.001 to 0.0099
CLASS B TOXIC AIR POLLUTANTS
Level (24 hour ug/m3)
(a) Dispersion modeling. The applicant who relies on dispersion modeling must model the increase in the emissions of each TAP emitted by the new or modified emission units, after application of tBACT. The notice of construction application must demonstrate that the modeled ambient impact of the aggregate emissions increase of each TAP does not exceed the ASIL for that TAP as listed in WAC 173-460-150. If concentrations predicted by dispersion screening models exceed applicable acceptable source impact levels, more refined modeling and/or emission techniques must be used. Refined modeling techniques must be approved by the permitting authority.
(b) Small quantity emission rates. An applicant may show for any TAP that the increase in emissions of that TAP, after application of tBACT, is less than the small quantity emission rate listed for that TAP in WAC 173-460-150.
(3) Reduction of TAPs from existing emission units. An applicant may include in a acceptable source impact analysis proposed reductions in actual emissions of a particular TAP from emission units at the source that are not new or modified for the purpose of offsetting emissions of that TAP caused by the new or modified source. The reductions in TAP emissions authorized by this subsection must be included in the approval order as enforceable emission limits and must meet all the requirements of WAC 173-460-071.
(4) Decision criteria.
(a) If the permitting authority finds that the modeled impact of the increase in emissions of a TAP from the new or modified emission units does not exceed the ASIL for that TAP then the authority may approve the notice of construction application.
(b) If the permitting authority finds that the modeled impact of the increase in emissions of a TAP from the new or modified emission units exceeds the ASIL for that TAP then the permitting authority may not approve the project. The applicant may file a second tier review application in compliance with WAC 173-460-090.
[Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-080, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-080, filed 6/18/91, effective 9/18/91.]
(a) The owner or operator)) An applicant who cannot
demonstrate (( class A or class B TAP source)) compliance with
WAC 173-460-070 (( and 173-460-080)) using an acceptable source
impact level analysis as provided in WAC 173-460-080(( (2))),
may submit a petition requesting that ecology perform a second
tier (( analysis evaluation)) review to determine a means of
compliance with WAC 173-460-070 (( and 173-460-080 by
establishing allowable emissions for the source)). Petitions
for second tier (( analysis evaluation shall)) review must be
submitted to ecology with a copy to the (( local)) permitting
authority (( or ecology if ecology has jurisdiction over the
source. Petitions received by local authorities shall be
submitted to ecology within ten days of receipt. A second
tier analysis evaluation may be requested when a source wishes
to more accurately characterize risks, to justify risks
greater than acceptable source impact levels, or to otherwise
modify assumptions to more accurately represent risks. Risks
may be more accurately characterized by utilizing updated EPA
unit risk factors, inhalation reference concentrations, or
other EPA recognized or approved methods. Ecology shall
specify the maximum allowable emissions of any class A or
class B TAP source based on ecology's second tier analysis
(b))) with jurisdiction.
(2) Second tier petition submittal requirements. Ecology
shall)) will evaluate a (( source's)) second tier
(( analysis)) petition only if:
(i))) (a) The permitting authority (( has advised
ecology that other conditions for processing the notice of
construction have been met)) submits to ecology a preliminary
order of approval that addresses all applicable new source
review issues with the exception of the outcome of the second
tier review, State Environmental Policy Act review, public
notification, and prevention of significant deterioration
(ii))) (b) The emission controls contained in the
(( conditional notice of construction)) preliminary order of
approval represent at least (( T-BACT)) tBACT; and
(iii))) (c) The applicant has developed a health impact
assessment protocol that has been approved by ecology;
(d) The ambient ((
concentrations)) impact of the
emissions increase of each TAP that exceeds acceptable source
impact levels (( after)) has been quantified using (( more))
refined (( emission quantification and)) air dispersion
modeling techniques as approved in the health impact
assessment protocol; and
(e) The petition contains a health impact assessment conducted in accordance with the approved health impact assessment protocol.
|Note:||Contact ecology's air quality program for a copy of a guidance document to assist in the preparation of the health impact assessment protocol.|
(a) Any second tier analysis application submitted by a source wishing to emit toxic air pollutants at levels greater than the acceptable source impact level contained in WAC 173-460-150 or 173-460-160 shall be approved or rejected by ecology.
(b) Any new emission limits approved by ecology as a result of the second tier analysis evaluation shall be enforced by the authority provided the authority approves the new emission limits.
(3) Approval criteria.
(a) Based on the second tier analysis, ecology may approve the emissions of TAPs from a source where ambient concentrations exceed acceptable source impact levels only if it determines that emission controls represent at least T-BACT and the source demonstrates that emissions of Class A TAPs are not likely to result in an increased cancer risk of more than one in one hundred thousand. The emission of Class A TAPs at levels likely to result in an increased cancer risk of more than one in one hundred thousand requires the approval of the director after complying with WAC 173-460-100.
(b) Ecology shall consider the second tier analysis and other information submitted by the applicant as well as department of health comments.
(i) Comments from other agencies and universities with appropriate expertise may also be considered in the decision to approve emissions that exceed acceptable source impact levels.
(ii) Public comments shall be considered if the source applies for a risk management decision under WAC 173-460-100.
(4) Contents of the second tier analysis.
(a) The second tier analysis consists of a health impact assessment. The applicant shall complete and submit a health impact assessment to ecology which includes the following information. Ecology may approve the submittal of less information if it determines that such information is sufficient to perform the second tier analysis evaluation. The health impact assessment shall be prepared in accordance with EPA's risk assessment guidelines as defined in WAC 173-460-020(9).
(i) Demographics such as population size, growth, and sensitive subgroups;
(ii) Toxicological profiles of all toxic air pollutants that exceed the ASIL;
(iii) Characterization of existing pathways and total daily intake for toxic air pollutants that exceed the ASIL;
(iv) Contribution of the proposed source toward total daily intake for toxic air pollutants that exceed the ASIL;
(v) Using existing data, characterization of risk from current exposure to the toxic air pollutants that exceed the ASIL. This includes existing TAP sources in the area, and anticipated risk from the new source;
(vi) Additive cancer risk for all Class A toxic air pollutants which may be emitted by the source;
(vii) Other information requested by ecology and pertinent to ecology's decision to approve the second tier application;
(viii) Uncertainty in the data; and
(ix) Length of exposure and persistence in the environment.
(b))) (3) Health impact assessment (HIA) protocol. The HIA presents data about the new or modified source and its built and natural environment. A HIA includes but is not limited to: Site description, TAP concentrations and toxicity, identification of exposed populations and an exposure assessment. The HIA protocol must be reviewed and approved by ecology prior to development of the HIA.
(4) The health impact assessment ((
shall)) must utilize
current scientific information. New scientific information on
the toxicological characteristics of toxic air pollutants may
be used by ecology to justify modifications of (( upper bound
unit risk factors used to calculate ASILs in WAC 173-460-150
and/or absorption rates of individual toxic air pollutants if
ecology determines there is compelling scientific data which
demonstrates that the use of EPA recognized or approved
methods are inappropriate.
(5) Additional information.
(a) If approved by ecology, newly discovered scientific information which was unavailable at the time of the original submission of the health assessment may be used to justify modifications of the original health assessment. Ecology may approve the additional information if the source exercised due diligence at the time of original submission.
(b) Within thirty days after receipt of the second tier analysis and all supporting data and documentation, ecology may require the submission of additional information needed to evaluate the second tier analysis.
(a) If the second tier analysis is approved by ecology, ecology will return the petition to the authority and the authority may approve the notice of construction.
(b) The authority shall specify allowable emissions consistent with ecology's second tier analysis evaluation determination expressed in weight of pollutant per unit time for each emissions unit involved in the application. The notice of construction shall also include all requirements necessary to assure that conditions of this chapter and chapter 173-400 WAC are satisfied.
(7) Public notification requirements.
Ecology decisions regarding second tier analysis or decisions under WAC 173-460-100 shall comply with public notification requirements contained in WAC 173-400-171.)) risk-based concentrations.
(5) Background concentrations of TAPs will be considered as part of a second tier review. Background concentrations can be estimated using:
(a) The latest National Ambient Toxics Assessment data for the appropriate census tracts; or
(b) Ambient monitoring data for the project's location; or
(c) Modeling of emissions of the TAPs subject to second tier review from all stationary sources within 1.5 kilometers of the source location.
(6) Reduction of TAPs from existing emission units. For the purpose of offsetting emissions of a particular TAP, an applicant may propose reductions in actual emissions of that TAP from existing, unmodified emission units at the source or existing, unmodified emission units at other nearby sources. The health impact analysis must evaluate the benefits of the emission reductions. The reductions in TAP emissions authorized by this subsection must be included in an approval order as enforceable emission limits and must meet all requirements of WAC 173-460-071.
(7) Approval criteria for second tier review. Ecology may recommend approval of a project that is likely to cause an exceedance of acceptable source impact levels for one or more TAPs only if it determines that the emission controls for the new and modified emission units represent tBACT and the applicant demonstrates that the increase in emissions of TAPs is not likely to result in an increased cancer risk of more than one in one hundred thousand and ecology determines that the noncancer hazard is found to be acceptable.
(8) Application processing. Within thirty days after receiving a second tier petition ecology must either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information required to make it complete.
(9) Public involvement. All notice of construction approval orders with a second tier component are subject to the public notice and comment requirements of WAC 173-400-171, which may be integrated with the permitting authority's public notice and comment procedures.
(10) Recommendation. Within sixty days of determining that a petition is complete ecology must make a recommendation to the permitting authority.
(a) If ecology recommends approval of the second tier petition, the permitting authority may approve the notice of construction application. Any new emission limits or conditions specified by ecology must be incorporated into the approval order.
(b) If ecology recommends denial of the second tier petition, then the permitting authority may not approve the project.
[Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-090, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-090, filed 6/18/91, effective 9/18/91.]
(2) Contents of the ((
applicant shall)) petition must meet the submittal
requirements of WAC 173-460-090(( (1) and submit all materials
required under WAC 173-460-090 (4) and (5))). The applicant
may submit the request for a risk management decision
concurrently with the second tier (( analysis application))
petition. Prior denial of (( the)) a second tier (( analysis
application)) petition submitted under WAC 173-460-090(( (6)))
is not required.
(3) Criteria for approval. ((
Ecology may approve the
emissions of TAPs from a source where ambient concentrations
are likely to result in an increased cancer risk of more than
one in one hundred thousand only if the source first
demonstrates the following)) Ecology's director must find that
the following conditions are met before approving a third tier
(a) Proposed emission controls represent ((
available and reasonable technology)) at least tBACT; and
Application of all known available toxic air
pollution prevention methods to reduce, avoid, or eliminate
toxic air pollutants prior to their generation including
recycling, chemical substitution, and efforts to redesign
processes)) A HIA has been completed as described in WAC 173-460-090(3); and
The proposed changes)) Approval of the project will
result in a greater environmental benefit to the (( environment
as a whole)) state of Washington.
(4) Additional methods to reduce toxic air pollutants. In addition to the requirements in subsection (3) of this
section, the ((
owner or operator)) applicant may propose and
ecology may consider measures that would reduce community
exposure, especially exposure of that portion of the community
subject to the greatest additional risk, to comparable toxic
air pollutants provided that such measures are not already
(5) Application processing. Within thirty days of receiving a third tier petition ecology must determine if the petition includes the information required in WAC 173-460-090. If the petition is deemed complete, ecology must begin substantive review. If the petition is deemed incomplete, ecology must give written notification to the applicant of the information that is required to make the petition complete.
(6) Public involvement. Ecology will initiate public
notice and comment within ((
thirty)) sixty days of (( receipt
of a completed risk management decision application))
determining that a third tier petition is complete. In
addition to the public notice and comment requirements of WAC 173-400-171, the (( owner or operator shall)) applicant must
hold a public hearing to:
(a) Present the results of the ((
second tier)) health
impact analysis, the proposed emission controls, pollution
prevention methods, additional proposed measures, and
remaining risks; and
(b) Participate in discussions and answer questions.
(6) Time limitation. The owner or operator shall
commence construction within eighteen months of the director's
approval.)) (7) Recommendation.
(a) If ecology recommends approval of the third tier petition, the permitting authority may approve the notice of construction application. Any new emission limits or conditions specified by ecology must be incorporated into the approval order.
(b) If ecology recommends denial of the third tier petition then the permitting authority may not approve the project.
[Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-100, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-100, filed 6/18/91, effective 9/18/91.]
CLASS A TOXIC AIR POLLUTANTS
Known and Probable Carcinogens
Furium (nitrofuran group)
P(p)(alpha, alpha, alpha)-Tetra-chlorotoluene
CLASS A TOXIC AIR POLLUTANTS
ACCEPTABLE SOURCE IMPACT LEVELS
CLASS A TOXIC AIR POLLUTANTS
WITH SPECIAL ACCEPTABLE SOURCE
Primary aluminum smelter uncontrolled roof vent polyaromatic hydrocarbon (PAH) emissions (Note: Quantify according to WAC 173-460-050 (4)(d))
(Note: Quantify according to WAC 173-460-050 (4)(d))
The following table lists the common name of toxic air pollutants, the chemical abstract service (CAS) number; the averaging period; the acceptable source impact level (ASIL); the small quantity emission rate (SQER); and de minimis emission values.
|Common Name||CAS #||Averaging Period||ASIL (µg/m3)||SQER (lb/averaging period)||De Minimis (lb/averaging period)|
Related Compounds, NOS
|Arsenic & Inorganic Arsenic Compounds||---||year||0.000303||0.0581||0.00291|
|Benzyl Violet 4B||1694-09-3||year||0.175||33.6||1.68|
|Beryllium & Compounds (NOS)||---||year||0.000417||0.08||0.004|
|C.I. Basic Red 9 Monohydrochloride||569-61-9||year||0.0141||2.71||0.135|
|Cadmium & Compounds||7440-43-9||year||0.000238||0.0457||0.00228|
|Chloromethyl methyl ether||107-30-2||year||0.00145||0.278||0.0139|
|Chromium Hexavalent: Soluble, except Chromic Trioxide||---||year||6.67E-06||0.00128||6.40E-05|
|Coke Oven Emissions||8007-45-2||year||0.00162||0.311||0.0155|
|Copper & Compounds||---||1-hr||100||0.219||0.011|
|D & C Red No. 9||5160-02-1||year||0.667||128||6.4|
|Diesel Engine Exhaust, Particulate||---||year||0.00333||0.639||0.032|
|Diglycidyl Resorcinol Ether||101-90-6||year||0.00204||0.391||0.0196|
|Direct Black 38||1937-37-7||year||4.76E+04||9.13E+06||4.57E+05|
|Direct Blue 6||2602-46-2||year||0.000476||0.0913||0.00457|
|Direct Brown 95||16071-86-6||year||0.000526||0.101||0.00505|
|Disperse Blue 1||2475-45-8||year||0.769||148||7.38|
|Ethylene glycol monobutyl ether||111-76-2||24-hr||1.30E+04||1710||85.4|
|Ethylene glycol monoethyl ether acetate||111-15-9||24-hr||300||39.4||1.97|
|Ethylene glycol monomethyl ether acetate||110-49-6||24-hr||90||11.8||0.590|
|Fluoride containing chemicals, NOS||---||24-hr||13||1.71||0.0854|
|Fluorine gas F2||7782-41-4||24-hr||15.8||2.08||0.104|
|HC Blue 1||2784-94-3||year||0.0667||12.8||0.64|
|Lead and compounds (NOS)||year||0.0833||16||10|
|Lead Chromate Oxide||18454-12-1||year||7.01E-05||0.0135||0.000673|
|Manganese & Compounds||---||24-hr||0.04||0.00526||0.000263|
|Methyl Ethyl Ketone||78-93-3||24-hr||5000||657||32.9|
|Methyl Isobutyl Ketone||108-10-1||24-hr||3000||394||19.7|
|Methyl Tertiary Butyl Ether||1634-04-4||year||3.85||739||36.9|
|Methylene diphenyl isocyanate||101-68-8||24-hr||0.7||0.0920||0.00460|
|Nickel Refinery Dust||---||year||0.0042||0.806||0.0403|
|Nitrilotriacetic acid, trisodium salt monohydrate||18662-53-8||year||0.345||66.2||3.31|
|Polychlorinated Biphenyls, NOS||1336-36-3||year||0.00175||0.336||0.0168|
|Propylene Glycol Dinitrate||6423-43-4||24-hr||0.276||0.0363||0.00181|
|Propylene glycol monomethyl ether||107-98-2||24-hr||7000||920||46.0|
|Refractory Ceramic Fibers||---||24-hr||0.03
|Selenium & Selenium Compounds (other than Hydrogen Selenide)||---||24-hr||20||2.63||0.131|
|Short-chain (C10-13) chlorinated paraffins||85535-84-8||year||0.04||7.68||0.384|
|Silica (crystalline, Respirable)||7631-86-9||24-hr||3||0.394||0.0197|
[Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-150, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-150, filed 6/18/91, effective 9/18/91.]
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.
The following sections of the Washington Administrative Code are repealed:
|WAC 173-460-110||Acceptable source impact levels.|
|WAC 173-460-120||Scientific review and amendment of acceptable source impact levels and lists.|
|WAC 173-460-160||Class B toxic air pollutants and acceptable source impact levels.|