Effective Date of Rule: November 1, 2009.

     Purpose: To incorporate ecology's newly promulgated update to WAC 173-400-110 and chapter 173-460 WAC into agency regulations.

     Citation of Existing Rules Affected by this Order: Repealing Regulation III, Appendix A; and amending Regulation I, Section 6.01 and Regulation III, Sections 1.08, 1.11, 2.05, and 2.07.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 09-17-129 on August 19, 2009.

     Changes Other than Editing from Proposed to Adopted Version: In Section 6.01, changed tier "analysis" to tier "review" and reworded exclusion under WAC 173-460-040 for clarity.

     In Section 2.07, changed tier "analysis" to tier "review" and reformatted subsections (c)(1), (2), (3), and (4) into subsections (c)(1)(A), (B), (C) and (c)(2) and reworded subsection (c)(2) for clarity.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 24, 2009.

Dennis J. McLerran

Executive Director

REGULATION I SECTION 6.01 COMPONENTS OF NEW SOURCE REVIEW PROGRAM

     (a) In addition to the provisions of this regulation, the Agency adopts by reference and enforces the following provisions of the new source review program established by the Washington State Department of Ecology:

     WAC 173-400-030 Definitions. (effective 6/08/07)

     WAC 173-400-081 Startup and shutdown. (effective 9/20/93)

     WAC 173-400-110 (3) and (6)-(10) New source review (NSR). (effective ((6/08/07)) 6/20/09)

     WAC 173-400-112 Requirements for new sources in nonattainment areas. (effective 2/10/05)

     WAC 173-400-113 Requirements for new sources in attainment or unclassifiable areas. (effective 2/10/05)

     WAC 173-400-114 Requirements for replacement or substantial alteration of emission control technology at an existing stationary source. (effective 9/15/01)

     WAC 173-400-117 Special protection requirements for federal Class I areas. (effective 2/10/05)

     WAC 173-400-171 Public involvement. - excluding references to chapter 173-460 WAC (effective 6/08/07)

     WAC 173-400-200 Creditable stack height and dispersion techniques. (effective 2/10/05)

     WAC 173-400-560 General order of approval. (effective 2/10/05)

     WAC 173-400-700 Review of major stationary sources of air pollution. (effective 2/10/05)

     WAC 173-400-710 Definitions. (effective 6/08/07)

     WAC 173-400-720 Prevention of significant deterioration (PSD). (effective 6/08/07)

     WAC 173-400-730 Prevention of significant deterioration application processing procedures. (effective 2/10/05)

     WAC 173-400-740 PSD permitting public involvement requirements. (effective 2/10/05)

     WAC 173-400-750 Revisions to PSD permits. (effective 2/10/05)

     WAC 173-460-020 Definitions. (effective ((2/14/94)) 6/20/09)

     WAC 173-460-030 Applicability. (effective 6/20/09)

     WAC 173-460-040 (2)-(3) (((3)-(10))) New source review. (effective ((2/14/94)) 6/20/09)

     WAC 173-460-050 Requirement to quantify emissions. (effective ((2/14/94)) 6/20/09)

     WAC 173-460-060(1) Control technology requirements. (effective ((8/21/98)) 6/20/09)

     WAC 173-460-070 Ambient impact requirement. (effective ((9/18/91)) 6/20/09)

     WAC 173-460-071 Voluntary limits on emissions. (effective 6/20/09)

     WAC 173-460-080 (2)-(4) First tier review. ((Demonstrating ambient impact compliance.)) (effective ((2/14/94)) 6/20/09)

     WAC 173-460-090 Second tier ((analysis)) review. (effective ((2/14/94)) 6/20/09)

     WAC 173-460-100 Third tier review. (effective 6/20/09)

     WAC 173-460-150 Table of ASIL, SQER and de minimus emission values. - excluding references to de minimis emission values (effective 6/20/09)

     (b) The Washington State Department of Ecology is the permitting agency for the Prevention of Significant Deterioration (PSD) program under WAC 173-400-700 through WAC 173-400-750 (as delegated by agreement with the US Environmental Protection Agency, Region 10), and for primary aluminum smelters, kraft pulp mills, and sulfite pulp mills.

     (c) The Washington State Department of Health is the permitting agency for radionuclides under chapter 246-247 WAC.

     (d) The Energy Facility Site Evaluation Council (EFSEC) is the permitting agency for large natural gas and oil pipelines, electric power plants above 350 megawatts, new oil refineries or large expansions of existing facilities, and underground natural gas storage fields under chapter 463-78 WAC.

AMENDATORY SECTION

REGULATION III SECTION 1.08 SPECIAL DEFINITIONS

     (((a) ACCEPTABLE SOURCE IMPACT LEVEL (ASIL) means a concentration of a toxic air contaminant in the outdoor atmosphere in any area that 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 established by the Board after public hearing and are listed in Appendix A of this Regulation III.))

     (((b))) (a) ETHYLENE OXIDE AERATOR means any equipment, space, or room in which air is used to remove residual ethylene oxide from sterilized materials.

     (((c))) (b) ETHYLENE OXIDE STERILIZER means any chamber or related piece of equipment that uses ethylene oxide or an ethylene oxide mixture in any sterilization or fumigation process.

     (((d))) (c) TOXIC AIR CONTAMINANT (TAC) means any air contaminant listed in WAC 173-460-150 ((Appendix A of this Regulation III)).

AMENDATORY SECTION

REGULATION III SECTION 1.11 REPORTING REQUIREMENTS

     (a) This section applies to all sources of toxic air contaminants that are subject to Article 5 or Article 7 of Regulation I.

     (b) In addition to the reporting requirements of Article 5 or Article 7 of Regulation I, the owner or operator of an air contaminant source shall make reports to the Agency concerning the types and amounts of toxic air contaminants emitted and other relevant information needed to calculate such emissions.

     (c) The owner or operator of an air contaminant source shall, upon request of the Agency, provide such existing or reasonably available information as necessary to assist the Agency to determine if the emissions of toxic air contaminants from the source may result in the exceedance of an ASIL contained in WAC 173-460-150 ((Appendix A of this Regulation III)).

AMENDATORY SECTION

REGULATION III SECTION 2.05 SOURCES OF TOXIC AIR CONTAMINANTS

     (a) This section applies to all sources of toxic air contaminants that are subject to Article 5 or Article 7 of Regulation I, unless covered by specific rules referenced in Section 2.01 above.

     (b) The Control Officer shall have the authority to conduct a screening evaluation of any source in accordance with Section 2.07 of this Regulation to determine if the toxic air contaminant emissions from the source would result in the exceedance of an ASIL contained in WAC 173-460-150 ((Appendix A of this Regulation III)). The owner or operator of the source shall be informed of the results of any such screening evaluation.

     (c) If, as a result of the screening evaluation conducted under (b) above, the Control Officer determines that the toxic air contaminant emissions from a source may result in the exceedance of an ASIL contained in WAC 173-460-150 ((Appendix A of this Regulation III)), the Control Officer may issue an order requiring the owner or operator of the source to perform an analysis in accordance with Section 2.07 of this Regulation and may establish a schedule for submission of the analysis.

     (d) It shall be unlawful for any person required to perform an analysis under (c) above, to cause or allow the continued operation of the source after the submission date established by the Control Officer, unless one of the following conditions is met:

     (1) A dispersion modeling analysis demonstrates to the Control Officer that the toxic air contaminant emissions from the source will not result in the exceedance of any ASIL contained in WAC 173-460-150 ((Appendix A of this Regulation III)); or

     (2) A dispersion modeling analysis demonstrates to the Control Officer that the toxic air contaminant emissions from the source will not result in the exceedance of any ASIL contained in WAC 173-460-150 ((Appendix A of this Regulation III)) after the installation of the Best Available Control Technology (BACT) and a compliance schedule for employing BACT is approved by the Control Officer; or

     (3) BACT is employed on the source or a compliance schedule for employing BACT is approved by the Control Officer, and a risk analysis demonstrates to the Control Officer that the toxic air contaminant emissions from the source will not cause air pollution as defined in Section 1.07 of Regulation I.

AMENDATORY SECTION

REGULATION III SECTION 2.07 EVALUATING THE IMPACTS OF TOXIC AIR CONTAMINANTS

     (a) Applicability. This section describes the procedures that shall be used for quantifying emissions and analyzing impacts of toxic air contaminants in order to meet the requirements for new or modified toxic air contaminant sources (see Article 6 of Regulation I) and for existing toxic air contaminant sources (see Section 2.05 of this regulation). In addition, definitions and procedures contained in chapter 173-460 WAC and adopted by reference in Regulation I, Section 6.01(a) apply to this section.

     (b) Quantifying Emissions of Toxic Air Contaminants.

     (1) The owner or operator of a new or modified toxic air contaminant source subject to Article 6 of Regulation I shall quantify toxic air contaminant emissions that may be discharged to the atmosphere after applying the required control technology, and shall submit this information as part of a Notice of Construction and Application for Approval.

     (2) The owner or operator of an existing toxic air contaminant source subject to Section 2.05 of this regulation shall, upon request by the Agency, quantify toxic air contaminant emissions emitted by the facility and submit that information within 30 days.

     (3) ((The following assumptions shall be made when quantifying toxic air contaminant emissions:)) When quantifying toxic air contaminant emissions, the owner or operator shall assume that each

     (((A) Each)) toxic air contaminant is introduced into the atmosphere in an unaltered form continuously, at the maximum concentration known to exist at the source unless there is reliable data to the contrary or there is a physical or legal restriction.

     (((B) Dioxin and furan emissions shall be combined as one toxic air contaminant, equivalent in potency to 2,3,7,8-tetrachlorodi-benzo-p-dioxin.

     (C) Benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, and benzo(a)pyrene shall be combined as one toxic air contaminant, equivalent in potency to benzo(a)pyrene.))

     (c) Analyzing Impacts of Toxic Air Contaminants. The air quality impact analysis for toxic air contaminant sources shall be performed using one of the following procedures:

     (1) First Tier Review.

     (A) Emissions of each toxic air contaminant discharged to the atmosphere shall be shown to be below the corresponding SQER listed in WAC 173-460-150; or

     (B) The EPA guideline dispersion model, TSCREEN, shall be used to demonstrate that the predicted concentration of each contaminant is below the corresponding ((Acceptable Source Impact Level listed in Appendix A of this regulation)) ASIL listed in WAC 173-460-150. Stack parameters shall be submitted with the notice of construction application, or, for existing sources, within 30 days after the Agency requests the information. The maximum 1-hour concentration calculated by the model shall be converted with a persistence factor of 0.4 to a 24-hour average concentration or 0.08 to an annual average concentration; or

     (((2))) (C) The owner or operator shall submit a more comprehensive evaluation including the use of other EPA guideline models and more accurate emission estimation techniques to demonstrate that the predicted concentration of each contaminant is below the corresponding ((Acceptable Source Impact Level listed in Appendix A of this regulation)) ASIL listed in WAC 173-460-150 in all areas where the general public has access; or

     (((3) If predicted ambient concentrations are not below the Acceptable Source Impact Levels listed in Appendix A of this regulation, the owner or operator shall submit a risk analysis following the procedures in WAC 173-460-090(4), which demonstrates that emissions from the source will not cause air pollution. New or modified sources shall also comply with supplemental requirements of the Department of Ecology as specified in WAC 173-460-090 and 173-460-100.))

     (2) Second and Third Tier Reviews. If predicted ambient concentrations from the first tier review are not below the ASILs listed in WAC 173-460-150, the owner or operator shall submit a petition to the Department of Ecology requesting a second tier or third tier review, and must receive Ecology's recommendation of approval for either the second or third tier petition. Second tier petitions shall follow the procedures in WAC 173-460-090. Third tier petitions shall follow the procedures in WAC 173-460-100.

REPEALER

REGULATION III, APPENDIX A: ACCEPTABLE SOURCE IMPACT LEVELS

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