PROPOSED RULES
AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency (NWCAA).
Hearing Location(s): Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, on November 15, 2011, at 9:00 a.m.
Date of Intended Adoption: November 17, 2011.
Submit Written Comments to: Mark Buford, Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, e-mail mark@nwcleanair.org, fax (360) 428-1620, by November 15, 2011, at 11:00 a.m.
Assistance for Persons with Disabilities: Contact Margarita Smith by November 8, 2011, (360) 428-1617 ext. 215.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To readopt specific rule sections to ensure that they refer to most recent versions of chapters 173-400 and 173-401 WAC. Also to adopt the General Order provisions under WAC 173-400-560 by reference to allow the NWCAA to issue General Orders.
Amendatory Sections
SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES.
| • | Delete WAC 173-400-560 from the list of sections excluded from adoption (i.e., adopt WAC 173-400-560 by reference). |
| • | Update effective dates in NWCAA 104.1 and 104.2. |
| • | Readopt to ensure that the references to chapters 173-400 and 173-401 WAC and WAC 173-400-116 are to the most recent versions. |
| • | No changes except to readopt to ensure that the reference to WAC 173-400-720 is to the most recent version. |
| • | No changes except to readopt to ensure that the references to chapter 173-401 WAC and WAC 173-400-720 are to the most recent versions. |
| • | No changes except to readopt to ensure that the reference to chapter 173-401 WAC is to the most recent version. |
Reasons Supporting Proposal: The NWCAA regulation references many rules written by other agencies (e.g., EPA, Washington department of ecology). When external rules are referenced, the version that is incorporated is that as of the date of adoption of the NWCAA regulation. If an external rule is modified, by ecology, for instance, the version of the state rule referenced in the NWCAA regulation remains that as of the date of NWCAA adoption. This causes confusion because both the previous version as referenced in the NWCAA regulation and the new version both apply. As such, the NWCAA is updating the references in various sections of the regulation to the most recent versions of the external rules. Specifically, sections of chapters 173-400 and 173-401 WAC were updated by ecology as part of the rule adoption on August 10, 2011, to bring the rule into compliance with EPA regulations which defer for a period of three years the consideration of CO2 emissions from bioenergy and other biogenic sources when determining whether a stationary source meets the PSD and Title V applicability thresholds.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: NWCAA, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Asmundson, 1600 South Second Street, Mount Vernon, WA, (360) 428-1617.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable under RCW 70.94.141.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable under RCW 70.94.141.
September 19, 2011
Mark Buford
Assistant Director
AMENDATORY SECTION
Section 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES
104.1 All provisions of State Law that are in effect as
of October 19 ((May 18)), 2011, which are pertinent to the
operation of the NWCAA, are hereby adopted by reference and
made part of the Regulation of the NWCAA. Specifically, there
is adopted by reference the portions pertinent to the
operation of the NWCAA of the Washington State Clean Air Act
(chapter 70.94 RCW), the Administrative Procedures Act
(chapter 34.05 RCW) and chapters 43.21A and 43.21B RCW and the
following state rules: chapter 173-400 WAC, (except - -035,
-036, -070(8), -075, -099, -100, -101, -102, -103, -104,
-105(8), -110, -114, -115, -116, -171((, -560)), -930),
chapter 173-401 WAC, chapter 173-407 WAC, chapter 173-420 WAC,
chapter 173-425 WAC, chapter 173-430 WAC, chapter 173-433 WAC,
chapter 173-434 WAC, chapter 173-435 WAC, chapter 173-441 WAC,
chapter 173-450 WAC, chapter 173-460 WAC, chapter 173-470 WAC,
chapter 173-474 WAC, chapter 173-475 WAC, chapter 173-481 WAC,
chapter 173-490 WAC, chapter 173-491 WAC, chapter 173-492 WAC,
and chapter 173-495 WAC.
104.2 All provisions of the following federal rules that
are in effect as of October 19 ((May 18)), 2011 are hereby
adopted by reference and made part of the Regulation of the
NWCAA: 40 CFR Part 51 (Requirements for Preparation,
Adoption, and Submittal of Implementation Plans) Appendix M;
40 CFR Part 60 (Standards of Performance For New Stationary
Sources) subparts A, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I,
J, Ja, K, Ka, Kb, L, M, N, Na, O, P, Q, R, T, U, V, W, X, Y,
Z, AA, AAa, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR,
SS, TT, UU, VV, VVa, WW, XX, AAA, BBB, DDD, FFF, GGG, GGGa,
HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT,
UUU, VVV, WWW, AAAA, CCCC, EEEE, IIII, JJJJ, KKKK and Appendix
A - I; and 40 CFR Part 61 (National Emission Standards For
Hazardous Air Pollutants) Subparts A, C, D, E, F, J, L, M, N,
O, P, V, Y, BB, FF and 40 CFR Part 63 (National Emission
Standards for Hazardous Air Pollutants for Source Categories)
Subparts A, B, C, D, F, G, H, I, L, M, N, O, Q, R, T, U, W, X,
Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, OO, PP, QQ, RR, SS,
TT, UU, VV, WW, XX, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ,
LLL, MMM, NNN, OOO, PPP, QQQ, TTT, UUU, VVV, XXX, AAAA, CCCC,
DDDD, EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN,
OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, XXXX,
YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG,
HHHHH, IIIII, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, RRRRR, SSSSS,
TTTTT, YYYYY, CCCCCC, EEEEEE, FFFFFF, GGGGGG, MMMMMM, NNNNNN,
SSSSSS, VVVVVV; and 40 CFR 72, 73, 74, 75, 76, 77 and 78 (Acid
Rain Program).
AMENDED: April 14, 1993, September 8, 1993, December 8, 1993, October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996, March 13, 1997, May 14, 1998, November 12, 1998, November 12, 1999, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, June 10, 2010, June 9, 2011, November 17, 2011
Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 200 - DEFINITIONS
ACTUAL EMISSIONS - The actual rate of emissions of a pollutant
from an emission unit, as determined in accordance with a)
through c) of this definition.
a) In general, the actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal stationary source operation. The NWCAA shall allow the use of a different time period upon a determination by the NWCAA that it is more representative of normal stationary source operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
b) The NWCAA may presume that stationary source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.
c) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the emissions unit on that date.
ADVERSE IMPACT ON VISIBILITY - Adverse impact on visibility is defined in WAC 173-400-117.
AIR CONTAMINANT - Dust, fumes, mist, smoke, other particulate matter, vapor gas, odorous substance, or any combination thereof. "Air pollutant" means the same as "air contaminant."
AIR POLLUTION - The presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant, or animal life, or property, or which unreasonably interfere with enjoyment of life and property. For the purposes of this regulation, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW, the Washington Pesticide Application Act, which regulates the application and control of the use of various pesticides.
AIR QUALITY OBJECTIVE - The concentration and exposure time of one or more air contaminants in the ambient air below which, according to available knowledge, undesirable effects will not occur.
AIR QUALITY STANDARD - An established concentration, exposure time and frequency of occurrence of one or more air contaminants in the ambient air which shall not be exceeded.
ALLOWABLE EMISSIONS - The emission rate of a stationary source calculated using the maximum rated capacity of the stationary source (unless the stationary source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
a) The applicable standards as in 40 CFR Part 60, 61 or 63;
b) Any applicable SIP emissions limitation including those with a future compliance date; or
c) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.
AMBIENT AIR - The surrounding outside air.
AMBIENT AIR QUALITY STANDARD - An established concentration, exposure time and frequency of occurrence of one or more air contaminant(s) in the ambient air which shall not be exceeded.
AMBIENT AIR MONITORING STATION - A station so designated by the Control Officer for the purpose of measuring air contaminant concentrations in the ambient air. The station location and sampling probe locations shall be designated by the Control Officer utilizing as a guide 40 CFR Part 58, Appendix "D" Network Design and Appendix "E" Probe Siting Criteria.
ATTAINMENT AREA - A geographic area designated by EPA at 40 CFR Part 81 as having attained the National Ambient Air Quality Standard (NAAQS) for a given criteria pollutant.
BEGIN ACTUAL CONSTRUCTION - In general, initiation of physical on-site construction activities on an emission unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipe work and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.
BEST AVAILABLE CONTROL TECHNOLOGY (BACT) - An emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under chapter 70.94 RCW emitted from or which results from any new or modified stationary source, which the NWCAA, on a case-by-case basis, taking into account energy, environmental, and economic impacts, and other costs, determines is achievable for such stationary source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant. In no event shall application of the "Best Available Control Technology" result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. Emissions from any stationary source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase above levels that would have been required under the definition of BACT in the Federal Clean Air Act as it existed prior to enactment of the Clean Air Act Amendments of 1990.
BEST AVAILABLE RETROFIT TECHNOLOGY (BART) - An emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the stationary source, the remaining useful life of the stationary source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.
BOARD - Board of Directors of the NWCAA.
BUBBLE - A set of emission limits which allows an increase in emissions from a given emissions unit in exchange for a decrease in emissions from another emissions unit, pursuant to RCW 70.94.155 and WAC 173-400-120.
BUSINESS ESTABLISHMENT - A facility and/or place where commercial and/or professional dealings are conducted.
CATALYTIC CRACKING UNIT - A petroleum refinery cracking unit of the fluid or compact moving bed type consisting of a reactor, regenerator and fractionating tower and, where employed, a carbon monoxide boiler.
CLASS I AREA - Any area designated under section 162 or 164 of the Federal Clean Air Act as a Class I area. The following areas are the Class I areas in Washington state:
a) Alpine Lakes Wilderness;
b) Glacier Peak Wilderness;
c) Goat Rocks Wilderness;
d) Mount Adams Wilderness;
e) Mount Rainier National Park;
f) North Cascades National Park;
g) Olympic National Park;
h) Pasayten Wilderness; and
i) Spokane Indian Reservation
COMBUSTION and INCINERATION UNITS - Units using combustion for waste disposal, steam production, chemical recovery or other process requirements; but excludes open burning.
COMMENCED - a) Commenced as applied to construction, means that the owner or operator has all the necessary preconstruction approvals or permits and either has:
1) Begun, or caused to begin, a continuous program of actual on-site construction of the stationary source, to be completed within a reasonable time; or
2) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the stationary source to be completed within a reasonable time.
b) For the purpose of this definition, "necessary preconstruction approvals" means those permits or orders of approval required under federal air quality control laws and regulations, including state, local and federal regulations and orders contained in the SIP.
COMMERCIAL COMPOSTING FACILITY - A facility that is operated for the purpose of selling or off-site distribution of compost produced via the controlled biological degradation of organic material.
COMPLAINANT - Any person who files a complaint.
CONCEALMENT - Any action taken to reduce the observed or measured concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharged.
CONTROL FACILITY - Includes any treatment works, control devices and disposal systems, machinery equipment, structures, property or any part of accessories thereof, installed or acquired for the primary purpose of reducing, controlling, or disposing of industrial waste which, if released to the outdoor atmosphere, could cause air pollution.
CONTROL OFFICER - Air Pollution Control Officer of the NWCAA, also known as Director.
CRITERIA POLLUTANT - A pollutant for which there is established a National Ambient Air Quality Standard at 40 CFR Part 50. The criteria pollutants are carbon monoxide (CO), particulate matter, ozone (O3) sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).
DAYLIGHT HOURS - The hours between official sunrise and official sunset.
ECOLOGY - Washington State Department of Ecology (WDOE).
EMISSION - A release of air contaminants into the ambient air.
EMISSION REDUCTION CREDIT (ERC) - A credit granted pursuant to WAC 173-400-131. This is a voluntary reduction in emissions.
EMISSION POINT - The location (place in horizontal plane and vertical elevation) from which an emission enters the atmosphere.
EMISSION STANDARD and EMISSION LIMITATION - A requirement established under the Federal Clean Air Act or chapter 70.94 RCW which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a stationary source to assure continuous emission reduction and any design, equipment work practice, or operational standard adopted under the Federal Clean Air Act or chapter 70.94 RCW.
EMISSIONS UNIT - Any part of a stationary source or source which emits or would have the potential to emit any pollutant subject to regulation under the Federal Clean Air Act, Chapter 70.94 RCW, Chapter 70.98 RCW or Regulation of the NWCAA.
EQUIPMENT - Any stationary or portable device or any part thereof capable of causing the emission of any contaminant into the atmosphere or ambient air.
EXCESS EMISSIONS - Emissions of an air pollutant in excess of any applicable emission standard.
EXISTING STATIONARY FACILITY - Is defined in WAC 173-400-151.
FEDERAL CLEAN AIR ACT (FCAA) - The Federal Clean Air Act, also known as Public Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990.
FEDERAL CLASS I AREA - Any federal land that is classified or reclassified Class I area. The following areas are the Class I areas in Washington state:
a) Alpine Lakes Wilderness;
b) Glacier Peak Wilderness;
c) Goat Rocks Wilderness;
d) Mount Adams Wilderness;
e) Mount Rainier National Park;
f) North Cascades National Park;
g) Olympic National Park; and
h) Pasayten Wilderness
FEDERAL LAND MANAGER - The secretary of the department with authority over federal lands in the United States. This includes, but is not limited to, the U.S. Department of the Interior - National Park Service, the U.S. Department of Agriculture - Forest Service, and/or the U.S. Department of the Interior - Bureau of Land Management.
FEDERALLY ENFORCEABLE - All limitations and conditions which are enforceable by EPA, including those requirements developed under 40 CFR Parts 60, 61 and 63, requirements within the Washington SIP, requirements within any permit established under 40 CFR 52.21 or order of approval under a SIP approved new source review regulation, or any voluntary limits on emissions pursuant to WAC 173-400-091.
FIRE CHIEF - A state, county, or city fire marshal, city fire chief, chief of each County Fire Protection District or authorized forestry officials from the Washington State Department of Natural Resources.
FUEL BURNING EQUIPMENT - Equipment that produces hot air, hot water, steam, or other heated fluids by external combustion of fuel.
FUGITIVE DUST - A particulate emission made airborne by forces of wind, man's activity, or both. Unpaved roads, construction sites, and tilled land are examples of areas that originate fugitive dust. Fugitive dust is a type of fugitive emission.
FUGITIVE EMISSIONS - Emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
HAZARDOUS AIR POLLUTANT (HAP) - Any air pollutant listed in or pursuant to Section 112(b) of the Federal Clean Air Act, 42 U.S.C. §7412.
HEARINGS BOARD - The state Pollution Control Hearings Board or equivalent local hearings board as set forth in RCW 43.21B.
HEAT INPUT CAPACITY - Is the maximum actual or design heat capacity, whichever is greater, stated in British thermal units per hour (BTU/hr) generated by the stationary source and shall be expressed using the higher heating value of the fuel unless otherwise specified.
HOG FUEL BOILER - A boiler that utilizes wood, commonly called "hog fuel", as one source of fuel.
INCINERATOR - A furnace used primarily for the thermal destruction of waste.
INSTALLATION - The placement, assemblage, or construction of equipment or control equipment at the premises where the equipment or control equipment will be used, and includes all preparatory work at such premises.
LOWEST ACHIEVABLE EMISSION RATE (LAER) - For any stationary source that rate of emissions which reflects the more stringent of:
a) The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed new or modified stationary source demonstrates that such limitations are not achievable; or
b) The most stringent emission limitation which is achieved in practice by such class or category of source.
In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable New Source Performance Standards.
MAJOR MODIFICATION - a) "Major modification" as it applies to stationary sources subject to requirements for new stationary sources in nonattainment areas, is defined in WAC 173-400-112.
b) "Major modification" as it applies to stationary sources subject to requirements for new stationary sources in attainment or unclassified areas is defined in WAC 173-400-113.
MAJOR STATIONARY SOURCE - a) "Major stationary source" as it applies stationary sources subject to requirements for new stationary sources in nonattainment areas is defined in WAC 173-400-112.
b) "Major stationary source" as it applies stationary sources subject to requirements for new stationary sources in attainment or unclassified areas is defined in WAC 173-400-113.
MANDATORY CLASS I FEDERAL AREA - any area defined in Section 162(a) of the Federal Clean Air Act. The following areas are the mandatory Class I federal areas in Washington state:
a) Alpine Lakes Wilderness;
b) Glacier Peak Wilderness;
c) Goat Rocks Wilderness;
d) Mount Adams Wilderness;
e) Mount Rainier National Park;
f) North Cascades National Park;
g) Olympic National Park; and
h) Pasayten Wilderness
MASKING - The mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor.
MATERIALS HANDLING - The handling, transporting, loading, unloading, storage, and transfer of materials with no significant chemical or physical alteration.
MERCURY - The element mercury, excluding any associated elements and includes mercury in particulates, vapors, aerosols, and compounds.
MERCURY ORE - A mineral mined specifically for its mercury content.
MODIFICATION - 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 stationary source or that results in the emissions of any air contaminant not previously emitted. The term modification shall be construed consistent with the definitions of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.
MULTIPLE CHAMBER INCINERATOR - Any incinerator consisting of two or more combustion chambers in series, employing adequate design parameters necessary for maximum combustion of the material to be burned.
NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) - An ambient air quality standard set by EPA at 40 CFR Part 50 and includes standards for carbon monoxide (CO), particulate matter, ozone (O3), sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS) - The federal rules in 40 CFR Part 61.
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES - The federal rules in 40 CFR Part 63.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) - Shall be referred to as NPDES.
NATURAL CONDITIONS - Naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration.
NET EMISSIONS INCREASE - a) Net emissions increase as it applies to stationary sources subject to requirements for new sources in nonattainment areas, is defined in WAC 173-400-112.
b) Net emissions increase as it applies to stationary sources subject to requirements for new sources in attainment or unclassified areas, is defined in WAC 173-400-113.
NEW SOURCE - means one or more of the following:
a) The construction or modification of a stationary source that increases the amount of any air contaminant emitted by such stationary source or that results in the emission of any air contaminant not previously emitted,
b) The restart of a stationary source after permanent shutdown
c) Any other project that constitutes a new stationary source under the Federal Clean Air Act.
NEW SOURCE PERFORMANCE STANDARDS (NSPS) - The federal rules in 40 CFR Part 60.
NONATTAINMENT AREA - A geographic area designated by EPA at 40 CFR Part 81 as exceeding a National Ambient Air Quality Standard (NAAQS) for a given criteria pollutant. An area is nonattainment only for the pollutants for which the area has been designated nonattainment.
NON HIGHWAY MOBILE SOURCE - A source which is neither used on nor does ordinarily travel on the public roadways and is powered by an internal combustion or other type engine. These sources include, but are not limited to, farm tractors, bulldozers, earthmovers, ships, boats, railroad locomotives and non-commercial aircraft.
NONROAD ENGINE - a) Except as discussed in b) of this definition, a nonroad engine is any internal combustion engine:
1) In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or
2) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or
3) That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.
b) An internal combustion engine is not a nonroad engine if:
1) The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Federal Clean Air Act; or
2) The engine is regulated by a New Source Performance Standard (NSPS) promulgated under section 111 of the Federal Clean Air Act; or
3) The engine otherwise included in (a)(3) of this definition remains or will remain at a location for more than twelve consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. As seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.
NOTICE OF CONSTRUCTION APPLICATION - A written application to permit construction of a new source, modification of an existing stationary source or replacement or substantial alteration of control technology at an existing stationary source.
ODOR - That property or a substance which allows its detections by the sense of smell and/or taste.
ODOR SOURCE - Any source that incurs two verified odor nuisance complaints within a twelve month time period. Odor nuisance complaints are verified by a NWCAA representative according to the criteria of the NWCAA Regulation Sections 530.1 and 535.3.
OPACITY - The degree to which an object seen through a plume is obscured, stated as a percentage.
ORDER - Any order issued by the NWCAA pursuant to chapter 70.94 RCW, including, but not limited to RCW 70.94.332, 70.94.152, 70.94.153, and 70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action order, order of approval, and regulatory order.
ORDER OF APPROVAL, APPROVAL ORDER or ORDER OF APPROVAL TO CONSTRUCT (OAC) - A regulatory order issued by the NWCAA to approve the notice of construction application for a proposed new source or modification or the replacement or substantial alteration of control technology at an existing stationary source.
OWNER, OPERATOR, OR AGENT - Includes the person who leases, supervises or operates the equipment or control facility.
OZONE DEPLETING SUBSTANCE - Substance listed in Appendices A and B to Subpart A of 40 CFR Part 82.
PARTICLE - A small discrete mass of solid or liquid matter.
PARTICULATE MATTER or PARTICULATES - Any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.
PARTS PER MILLION (PPM) - parts of a contaminant per million parts of gas, by volume, exclusive of water or particulates.
PATHOLOGICAL WASTE - Human and animal remains consisting of carcasses, organs and solid organic wastes, consisting of up to 85% moisture, 5% incombustible solids.
PERMANENT SHUTDOWN - Permanently stopping or terminating all processes at a "stationary source" or "emissions unit." Except as provided in subsections a) and b), whether a shutdown is permanent depends on the intention of the owner or operator at the time of the shutdown as determined from all facts and circumstances, including the cause of the shutdown.
a) A shutdown is permanent if the owner or operator files a report of shutdown, as provided in NWCAA Regulation Sections 325. Failure to file such a report does not mean that a shutdown was not permanent.
b) Any shutdown lasting two (2) or more years is considered to be permanent.
PERMITTING AGENCY - Ecology or the local air pollution control authority with jurisdiction over the source.
PERSON - An individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.
PETROLEUM LIQUIDS - Petroleum condensate, and any finished intermediate product manufactured in a petroleum refinery but does not mean Number 2 through Number 6 fuel oils as specified in A.S.T.M. D396-69, gas turbine fuel oils Numbers 2-GT through 4-GT as specified in A.S.T.M. D2880-71, or diesel fuel oils Number 2-D and 4-D as specified in A.S.T.M. D975-68.
PM10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 CFR Part 50 Appendix J and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.
PM10 EMISSIONS - Finely divided solid or liquid material, including condensible particulate matter, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in Appendix M of 40 CFR Part 51 or by a test method specified in the SIP.
PORTLAND CEMENT PLANT - Any facility manufacturing Portland cement by either the wet or dry process.
POTENTIAL TO EMIT - The maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
PREVENTION OF SIGNIFICANT DETERIORATION (PSD) - The program in WAC 173-400-720 through 750.
PROCESS - A physical and/or chemical modification or treatment of a material from its previous state or condition.
REASONABLY ATTRIBUTABLE - Attributable by visual observation or any other technique the state deems appropriate.
REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) - The lowest emission limit that a particular stationary source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an individual stationary source or source category taking into account the impact of the stationary source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for any stationary source or source category shall be adopted only after notice and opportunity for comment are afforded.
REFUSE - Putrescible and non-putrescible solid waste including garbage, rubbish, ashes, dead animals, abandoned automobiles, solid market wastes, street cleanings and industrial wastes including waste disposal in industrial salvage.
REFUSE BURNING EQUIPMENT - Equipment designed to burn waste (refuse) material, scrap or combustion remains.
REGISTRATION - Registration shall mean the process of identifying, delineating and itemizing all air contaminant sources within the jurisdiction of the NWCAA including the making of periodic reports, as required, by the persons operating or responsible for such sources and may contain information concerning location, size, height of contaminant outlets, processes employed, nature of the contaminant emissions and such other information as is relevant to air pollution and available or reasonably capable of being assembled.
REGULATORY ORDER - An order issued by an Authority to an air contaminant source which applies to that source, any applicable provision of chapter 70.94 RCW, or the rules adopted thereunder, or the NWCAA Regulation.
SMOKE - Gas borne particulate matter in a sufficient amount to be observable.
SOLID WASTE - All putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid materials, which are not primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to septage from septic tanks, dangerous waste, and problem wastes. Solid waste does not include wood waste or sludge from waste water treatment plants.
SOURCE - All of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products. Activities shall be considered ancillary to the production of a single product or functionally related group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.
SOURCE CATEGORY - All sources of the same type or classification.
STACK - Any point in a stationary source designed to emit solids, liquids, or gases into the air, including a pipe or duct.
STACK HEIGHT - The height of an emission point measured from the ground-level elevation at the base of the stack.
STANDARD CONDITIONS - A temperature of 20 degrees C (68 degrees F) and a pressure of 760 mm (29.92 inches) of mercury.
STANDARD CUBIC FOOT OF GAS - That amount of gas which would occupy a cube having dimensions of one foot on each side, if the gas were free of water vapor at a pressure of 14.7 psia and a temperature of 68 degrees F.
STATE ACT - Washington Clean Air Act (RCW 70.94) and 43.21B.
STATE IMPLEMENTATION PLAN (SIP) or WASHINGTON SIP - Washington SIP in 40 CFR Part 52, subpart WW. The SIP contains state, local and federal regulations and orders, the state plan and compliance schedules approved and promulgated by EPA, for the purpose of implementing, maintaining, and enforcing National Ambient Air Quality Standards.
STATIONARY SOURCE - Any building, structure, facility, or installation which emits or may emit any air contaminant. This term does not include emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in Section 216(11) of the Federal Clean Air Act.
STRAW - All vegetative material of agricultural origin other than seed removed by swathing, combining or cutting.
SULFURIC ACID PLANT - Any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge.
SYNTHETIC MINOR - Any stationary source whose potential to emit has been limited below applicable thresholds by means of a federally enforceable order, rule, or permit condition.
TON - Short ton or 2,000 pounds (a long ton is considered 2,240 pounds).
TOTAL SUSPENDED PARTICULATE - Particulate matter as measured by the method described in 40 CFR Part 50 Appendix B.
TOXIC AIR POLLUTANT (TAP) or TOXIC AIR CONTAMINANT - Any Class A or 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.
TRUE VAPOR PRESSURE - The equilibrium pressure exerted by a hydrocarbon at storage conditions.
UNCLASSIFIABLE AREA - An area that cannot be designated attainment or nonattainment on the basis of available information as meeting or not meeting the National Ambient Air Quality Standard for the criteria pollutant and that is listed by EPA at 40 CFR Part 81.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY - Shall be referred to as EPA.
VOLATILE ORGANIC COMPOUND (VOC) - Any carbon compound that participates in atmospheric photochemical reactions. a) Exceptions. The following compounds are not a VOC: Acetone; carbon monoxide; carbon dioxide; carbonic acid; metallic carbides or carbonates; ammonium carbonate, methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro 1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate and perfluorocarbon compounds that fall into these classes:
1) Cyclic, branched, or linear completely fluorinated alkanes;
2) Cyclic, branched, or linear completely fluorinated ethers with no unsaturations;
3) Cyclic, branched, or linear completely fluorinated tertiary amines with no unsaturations; and
4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.
b) For the purpose of determining compliance with emission limits, VOC will be measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where the method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of the compounds is accurately quantified, and the exclusion is approved by Ecology, the NWCAA, or EPA.
c) As a precondition to excluding these negligibly-reactive compounds as VOC or at any time thereafter, Ecology or the NWCAA may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of Ecology or the NWCAA, the amount of negligibly-reactive compounds in the source's emissions.
WASHINGTON ADMINISTRATIVE CODE (WAC) - Regulations of executive branch agencies in the state of Washington, such as the Department of Ecology.
WOOD WASTE BURNER - A sheet metal or other type of enclosure to form a truncated cone or a single chamber cylindrically shaped incinerator line or constructed of suitable refractory material which employs controlled fuel feed, tangential overfire and underfire air supply system, and is designed and used for the disposal of wood and bark wastes by incineration.
AMENDED: October 13, 1982, November 14, 1984, April 14, 1993, October 13, 1994, February 8, 1996, May 9, 1996, March 13, 1997, November 12, 1998, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, November 17, 2011
Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
Section 300 - NEW SOURCE REVIEW
300.1 A Notice of Construction and/or PSD permit
application must be filed by the owner or operator and an
Order of Approval and/or PSD permit issued by the NWCAA, or
other designated permitting agency, prior to the establishment
of any new source, except for:
a) Those stationary sources exempt under NWCAA 300.4 (categorical) or NWCAA 300.5 (emission thresholds); and
b) Relocation of any temporary source operating in accordance with NWCAA Section 301.
For purposes of this section "establishment" shall mean to "begin actual construction", as that term is defined in NWCAA Section 200, and "new source" shall include any "modification" to an existing "stationary source", as those terms are defined in NWCAA Section 200.
300.2 Regardless of any other subsection of this section, a Notice of Construction or PSD permit application must be filed and an order of approval or PSD permit issued by the NWCAA prior to establishment of any of the following new sources:
a) Any project that qualifies as construction, reconstruction or modification of an affected facility, within the meaning of 40 CFR Part 60 (New Source Performance Standards), except Subpart AAA (Wood stoves) and such provisions of Subpart IIII pertaining to owners and operators of emergency stationary compression ignition internal combustion engines;
b) Any project that qualifies as a new or modified source within the meaning of 40 CFR 61.02 (National Emission Standards for Hazardous Air Pollutants), except for asbestos demolition and renovation projects subject to 40 CFR 61.145;
c) Any project that qualifies as a new source within the meaning of 40 CFR 63.2 (National Emission Standards for Hazardous Air Pollutants for Source Categories), except Subpart M (Dry Cleaning Facilities) pertaining to area source perchloroethylene dry cleaners, and Subpart ZZZZ pertaining to emergency and limited-use stationary reciprocating internal combustion engines;
d) Any project that qualifies as a new major stationary source, or a major modification;
e) Any modification to a stationary source that requires an increase either in a plant-wide cap or in a unit specific emission limit.
300.3 New source review of a modification shall be limited to the emission unit or units proposed to be added to an existing stationary source or modified and the air contaminants whose emissions would increase as a result of the modification; provided, however, that review of a major modification must comply with WAC 173-400-112 and/or 173-400-113, as applicable.
300.4 Emission unit and activity exemptions.
Except as provided in NWCAA 300.1 and 300.2 of this section, establishment of a new emission unit that falls within one of the categories listed below is exempt from new source review. Modification of any emission unit listed below is exempt from new source review, provided that the modified unit continues to fall within one of the listed categories. The installation or modification of a unit exempt under this subsection does not require the filing of a Notice of Construction application.
a) Maintenance/construction:
1) Cleaning and sweeping of streets and paved surfaces;
2) Concrete application, and installation;
3) Dredging wet spoils handling and placement;
4) Paving application and maintenance, excluding asphalt plants;
5) Plant maintenance and upkeep activities (grounds keeping, general repairs, routine house keeping, routine plant painting, welding, cutting, brazing, soldering, plumbing, retarring roofs, etc.);
6) Plumbing installation, plumbing protective coating application and maintenance activities;
7) Roofing application;
8) Insulation application and maintenance, excluding products for resale;
9) Janitorial services and consumer use of janitorial products.
b) Storage tanks:
Note: It can be difficult to determine requirements for storage tanks therefore it is recommended that the owner or operator contact the NWCAA to determine the exemption status of storage tanks prior to their installation.
1) Lubricating oil storage tanks except those facilities that are wholesale or retail distributors of lubricating oils;
2) Polymer tanks and storage devices and associated pumping and handling equipment, used for solids dewatering and flocculation;
3) Storage tanks, reservoirs, pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions;
4) Process and white water storage tanks;
5) Operation, loading and unloading of storage tanks and storage vessels, with lids or other appropriate closure and less than 260 gallon capacity (35 cft);
6) Operation, loading and unloading of storage tanks, less than or equal to 1100 gallon capacity, with lids or other appropriate closure, not for use with materials containing toxic air pollutants, as defined in chapter 173-460 WAC, max. VP 550 mm Hg @21º C;
7) Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas with a vessel capacity less than 40,000 gallons;
8) Tanks, vessels and pumping equipment, with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases and acids.
c) A project with combined aggregate heat input capacity from combustion units, less than or equal to any of the following:
1) Less than or equal to 500,000 Btu/hr coal with less than or equal to 0.5% sulfur or other fuels with less than or equal to 0.5% sulfur;
2) Less than or equal to 500,000 Btu/hr used oil, per the requirements of RCW 70.94.610;
3) Less than or equal to 400,000 Btu/hr wood waste or paper;
4) Less than 1,000,000 Btu/hr kerosene, #1, or #2 fuel oil and with less than or equal to 0.05% sulfur;
5) Less than or equal to 10,000,000 Btu/hr natural gas, propane, or LPG.
Note: the heat input capacity of each combustion unit shall be based on the higher heating value of fuel to be used.
d) Material handling:
1) Continuous digester chip feeders;
2) Grain elevators not licensed as warehouses or dealers by either the Washington State Department of Agriculture or the U.S. Department of Agriculture;
3) Storage and handling of water based lubricants for metal working where organic content of the lubricant is less than or equal to 10%;
4) Equipment used exclusively to pump, load, unload, or store high boiling point organic material in tanks less than one million gallon, material with initial atmospheric boiling point not less than 150ºC or vapor pressure not more than 5 mm Hg @21ºC, with lids or other appropriate closure.
e) Water treatment:
1) Septic sewer systems, not including active wastewater treatment facilities;
2) NPDES permitted ponds and lagoons used solely for the purpose of settling suspended solids and skimming of oil and grease;
3) De-aeration (oxygen scavenging) of water where toxic air pollutants as defined in chapter 173-460 WAC are not emitted;
4) Process water filtration system and demineralizer vents;
5) Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems;
6) Demineralizer tanks;
7) Alum tanks;
8) Clean water condensate tanks.
f) Environmental chambers and laboratory equipment:
1) Environmental chambers and humidity chambers not using toxic air pollutant gases, as regulated under chapter 173-460 WAC;
2) Gas cabinets using only gases that are not toxic air pollutants regulated under chapter 173-460 WAC;
3) Installation or modification of a single laboratory fume hood;
4) Laboratory calibration and maintenance equipment.
g) Monitoring/quality assurance/testing:
1) Equipment and instrumentation used for quality control/assurance or inspection purpose;
2) Hydraulic and hydrostatic testing equipment;
3) Sample gathering, preparation and management;
4) Vents from continuous emission monitors and other analyzers.
h) Dry Cleaning: Unvented, dry-to-dry, dry-cleaning equipment that is equipped with refrigerated condensers and carbon absorption to recover the cleaning solvent.
i) Emergency Stationary Compression Ignition (CI) Internal Combustion Engines (ICE): Any stationary internal combustion engine whose operation is limited to emergency situations and required testing and maintenance and operating less than 500 hours a year. Examples include stationary ICE used to produce power for critical networks or equipment (including power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is interrupted, or stationary ICE used to pump water in the case of fire or flood, etc. Stationary CI ICE used to supply power to an electric grid or that supply power as part of a financial arrangement with another entity are not considered to be emergency engines.
j) Miscellaneous:
1) Single-family residences and duplexes;
2) Plastic pipe welding;
3) Primary agricultural production activities including soil preparation, planting, fertilizing, weed and pest control, and harvesting;
4) Comfort air conditioning;
5) Flares used to indicate danger to the public;
6) Natural and forced air vents and stacks for bathroom/toilet activities;
7) Personal care activities;
8) Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;
9) Tobacco smoking rooms and areas;
10) Noncommercial smokehouses;
11) Blacksmith forges for single forges;
12) Vehicle maintenance activities, not including vehicle surface coating;
13) Vehicle or equipment washing (see c) of this subsection for threshold for boilers);
14) Wax application;
15) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment not including internal and external combustion equipment;
16) Ozone generators and ozonation equipment;
17) Solar simulators;
18) Ultraviolet curing processes, to the extent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted;
19) Electrical circuit breakers, transformers, or switching equipment installation or operation;
20) Pulse capacitors;
21) Pneumatically operated equipment, including tools and hand held applicator equipment for hot melt adhesives;
22) Fire suppression equipment;
23) Recovery boiler blow-down tank;
24) Screw press vents;
25) Drop hammers or hydraulic presses for forging or metal working;
26) Production of foundry sand molds, unheated and using binders less than 0.25% free phenol by sand weight;
27) Kraft lime mud storage tanks and process vessels;
28) Lime grits washers, filters and handling;
29) Lime mud filtrate tanks;
30) Lime mud water;
31) Stock cleaning and pressurized pulp washing down process of the brown stock washer;
32) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities and transportation marketing facilities;
33) Nontoxic air pollutant, as defined in chapter 173-460 WAC, solvent cleaners less than 10 square feet air-vapor interface with solvent vapor pressure not more than 30 mm Hg @21ºC;
34) Surface coating, aqueous solution or suspension containing less than or equal to 1% (by weight) VOCs, and/or toxic air pollutants as defined in chapter 173-460 WAC;
35) Cleaning and stripping activities and equipment using solutions having less than or equal to 1% VOCs (by weight); on metallic substances, acid solutions are not exempt;
36) Dip coating operations, using materials less than 1% VOCs (by weight) and/or toxic air pollutants as defined in chapter 173-460 WAC.
300.5 Exemptions Based on Emissions Thresholds
a) Except as provided in NWCAA 300.1 and 300.2 of this section and in this subsection:
1) A new emissions unit that has an uncontrolled potential to emit below each of the threshold levels listed in the table contained in (d) of this subsection is exempt from new source review provided that the conditions of (b) of this subsection are met.
2) A modification to an existing emissions unit that increases the unit's actual emissions by less than each of the threshold levels listed in the table contained in (d) of this subsection is exempt from new source review provided that the conditions of (b) of this subsection are met.
b) The owner or operator seeking to exempt a project from new source review under this section shall notify, and upon request, file a brief project summary with the NWCAA thirty (30) days prior to beginning actual construction on the project. If the NWCAA determines that the project will have more than a de Minimus impact on air quality as defined in 300.5 d), the NWCAA shall require the filing of a Notice of Construction or PSD permit application. The NWCAA may require the owner or operator to demonstrate that the emissions increase from the new emissions unit is smaller than all of the thresholds listed below. In accordance with NWCAA 324.2, a filing and NOC applicability determination fee shall apply when the NWCAA issues a written determination that a project is exempt for new source review.
c) The owner or operator may begin actual construction on the project thirty-one (31) days after the NWCAA receives the project summary, unless the NWCAA notifies the owner or operator within thirty (30) days that the proposed new source requires a Notice of Construction or PSD permit application.
d) Exemption threshold table:
POLLUTANT THRESHOLD LEVEL (ton per year)
1) Total Suspended Particulates: 1.25
2) PM-10: 0.75
3) Sulfur Oxides: 2.0
4) Nitrogen Oxides: 2.0
5) Volatile Organic Compounds: total 2.0
6) Carbon Monoxide: 5.0
7) Lead: 0.005
8) Ozone Depleting Substances: total 1.0 (in effect on July 1, 2000)
9) Toxic Air Pollutants: as specified in chapter 173-460 WAC.
300.6 The Control Officer may require that a new source, that would otherwise be exempt under this section, submit a Notice of Construction application and be granted approval as specified in this section. This discretionary determination shall be based on the nature of air pollution emissions from the stationary source and its potential effect on health, economic and social factors, or physical effects on property. Upon request, the proponent shall submit to the Control Officer, appropriate information as necessary to make this determination.
300.7 Notice of Construction - Submittal Requirements
Each Notice of Construction application shall:
a) be submitted on forms provided by the NWCAA;
b) be accompanied by the appropriate fee specified in NWCAA 324.2;
c) be accompanied by a completed State Environmental Policy Act (SEPA) checklist consistent with NWCAA 155; and
d) include a "top down" BACT analysis, as defined at the time of submittal, except where the Federal Clean Air Act requires LAER; and
e) An applicant filing a Notice of Construction application for a project described in WAC 173-400-117(2), Special protection requirements for Class I areas, shall send a copy of the application to the responsible federal land manager.
300.8 Notice of Construction - Completeness Determination.
a) Within thirty (30) days after receiving a Notice of Construction or PSD permit application, the NWCAA shall either notify the applicant in writing that the application is complete or notify the applicant in writing of additional information necessary to complete the application.
b) For a project subject to the Special protection requirements for federal Class I areas in WAC 173-400-117(2), a completeness determination includes a determination that the application includes all information required for review of that project under WAC 173-400-117(3).
c) For a project subject to PSD review under WAC 173-400-720 through -750, a completeness determination includes a determination that the application provides all information required to conduct the PSD review.
300.9 Notice of Construction - Final Determination
a) Within sixty (60) days of receipt of a complete Notice of Construction or PSD permit application, the NWCAA shall either issue a final decision on the application or initiate public notice under NWCAA Section 305 on a proposed decision, followed as promptly as possible by a final decision.
b) A person seeking approval to construct or modify a stationary source that requires an operating permit may elect to integrate review of the operating permit application or amendment required under RCW 70.94.161 and the Notice of Construction or PSD permit application required by this section. A Notice of Construction or PSD permit application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines in chapter 173-401 WAC. A PSD permit application under WAC 173-400-720 through -750, a notice of nonattainment area construction application for a major modification in a nonattainment area, or a Notice of Construction application for a major stationary source in a nonattainment area must also comply with WAC 173-400-171.
c) Every final determination on a Notice of Construction or PSD permit application shall be reviewed and signed prior to issuance by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the NWCAA.
d) If the new source is a major stationary source or the change is a major modification, the application shall be processed in accordance with the applicable sections of WAC 173-400-112, 113, 117 and 171. The permitting agency shall:
1) Submit any control technology determination included in a final Order of Approval or PSD permit to the RACT/BACT/LAER clearinghouse maintained by EPA; and
2) Send a copy of the final Order of Approval or PSD permit to EPA.
300.10 Order of Approval - Appeals
An Order of Approval or PSD permit, any conditions contained in an Order of Approval or PSD permit, or the denial of a Notice of Construction or PSD permit application may be appealed to the Pollution Control Hearings Board as provided in chapter 43.21B RCW. The NWCAA shall promptly mail copies of each order approving or denying a Notice of Construction or PSD permit application to the applicant and to any other party who submitted timely comments on the application, along with a notice advising parties of their rights of appeal to the Pollution Control Hearings Board.
300.11 Order of Approval - Time Limitations.
An Order of Approval or PSD permit becomes invalid if construction is not commenced within eighteen months after receipt of the approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable time. The NWCAA may extend the eighteen-month period upon a satisfactory showing that an extension is justified. An extension for a project operating under a PSD permit must also comply with public notice requirements in WAC 173-400-171. This provision does not apply to the time period between construction of the approved phases of a phased construction project. Each phase must commence construction within eighteen months of the projected and approved commencement date.
300.12 Order of Approval - Change of Conditions.
a) The owner or operator may request, at any time, a change in conditions of an Order of Approval or PSD permit and the NWCAA may approve the request provided the NWCAA finds that:
1) The change in conditions will not cause the stationary source to exceed an emissions standard;
2) No ambient air quality standard or PSD increment will be exceeded as a result of the change;
3) The change will not adversely impact the ability of Ecology or the NWCAA to determine compliance with an emissions standard;
4) The revised order will continue to require BACT, as defined at the time of the original approval, for each new source approved by the order except where the Federal Clean Air Act requires LAER; and
5) The revised order meets the requirements of this section and WAC 173-400-110, 173-400-112, 173-400-113 and 173-400-720 through -750, as applicable.
b) Actions taken under this subsection are subject to the public involvement provisions of NWCAA Section 305 or WAC 173-400-171 as applicable.
c) This rule does not prescribe the exact form such requests must take. However, if the request is filed as a Notice of Construction application, that application must be acted upon using the timelines found in NWCAA 300.8 and NWCAA 300.9 and the fee schedule found in NWCAA 324.
300.13 Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source.
a) Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source or emission unit shall file a Notice of Construction application with the NWCAA. Replacement or substantial alteration of control technology does not include routine maintenance, repair or similar parts replacement.
b) For projects not otherwise reviewable under NWCAA Section 300, the NWCAA may:
1) Require that the owner or operator employ RACT for the affected emission unit;
2) Prescribe reasonable operation and maintenance conditions for the control equipment; and
3) Prescribe other requirements as authorized by chapter 70.94 RCW.
c) Within thirty (30) days of receipt of a Notice of Construction application under this section the NWCAA shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application. Within thirty (30) days of receipt of a complete Notice of Construction application under this section the NWCAA shall either issue an Order of Approval or a proposed RACT determination for the proposed project.
d) Construction shall not "commence," as defined in NWCAA Section 200, on a project subject to review under this section until the NWCAA issues a final Order of Approval. However, any Notice of Construction application filed under this section shall be deemed to be approved without conditions if the NWCAA takes no action within thirty (30) days of receipt of a complete Notice of Construction application.
e) Approval to replace or substantially alter emission control technology shall become invalid if construction is not commenced within eighteen months after receipt of such approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable time. The NWCAA may extend the eighteen-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within eighteen months of the projected and approved commencement date.
300.14 Adoption of State NSR Regulations
In order to facilitate complete implementation of this section, WAC 173-400-112, -113, -117, -700, -710, -720, -730, -740, and -750 are hereby incorporated by reference.
300.15 Order of Approval - Requirements to Comply
It shall be unlawful for an owner or operator of a source or emission unit to not abide by the operating and reporting conditions in the Order of Approval.
Passed: November 12, 1998 Amended: November 12, 1999, March 9, 2000, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, June 10, 2010, June 9, 2011, November 17, 2011
AMENDATORY SECTION
SECTION 301 - TEMPORARY SOURCES
301.1 This section applies to temporary sources not
exempt under NWCAA 300.4 or 300.5, which locate temporarily at
sites within the jurisdiction of the NWCAA. Nonroad engines
regulated by this section are limited to those listed in a) 3)
of the definition of "nonroad engine" found in Section 200 of
this Regulation (i.e., those that are portable or
transportable, but operate in a stationary manner). The
regulation of nonroad engines under this section is subject to
the limitations as set forth in 40 CFR Appendix A to Subpart A
of 89 - State Regulation of Nonroad Internal Combustion
Engines.
301.2 The owner or operator of a temporary source shall be allowed to operate at a temporary location without filing a Notice of Construction application or, for nonroad engines, obtaining a regulatory order from the NWCAA providing that:
a) The owner or operator notifies the NWCAA each calendar year of the intent to operate within the jurisdiction of the NWCAA at least fifteen (15) days prior to starting operation and pays the appropriate fees identified in NWCAA Section 324.1;
b) The owner or operator notifies the NWCAA of the intent to relocate within the jurisdiction of the NWCAA at least fifteen (15) days prior to relocation;
c) The owner or operator supplies sufficient information to enable the NWCAA to determine that the operation will comply with all applicable air pollution rules and regulations;
d) The operation does not cause a violation of ambient air quality standards;
e) If the operation is in a nonattainment area, it shall not interfere with the scheduled attainment of ambient standards;
f) The temporary source operates in compliance with all applicable air pollution rules and regulations;
g) A temporary source that is considered a major stationary source within the meaning of WAC 173-400-113 shall also comply with the requirements in WAC 173-400-720 through -750;
h) Except for nonroad engines, all temporary sources shall have a valid Order of Approval to Construct from an air quality permitting organization in the State of Washington. The temporary source shall operate in compliance with the conditions set forth in the Order of Approval to Construct. Any reports required by the Order of Approval to Construct shall be submitted to the NWCAA;
i) Permission to operate shall not exceed ninety (90) operating days in any calendar year anywhere within the jurisdiction of the NWCAA. The NWCAA may set specific conditions for operating during that time period. No source shall continue to operate beyond the allowable 90-day period unless an Order of Approval to Construct, or for nonroad engines, a regulatory order, has been issued by the NWCAA. For the purpose of this section, an operating day shall be considered any time equipment operates within a calendar day; and
j) Except for nonroad engines, based on the source type and emission quantity, temporary sources may be subject to new source review at the discretion of the Control Officer.
PASSED: November 12, 1998 AMENDED: March 9, 2000, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, November 17, 2011
AMENDATORY SECTION
SECTION 305 - PUBLIC INVOLVEMENT
305.1 Internet Notice
(A) A notice shall be published on the NWCAA website for each Notice of Construction (NOC) application received by the NWCAA, and for each proposed revision to an Order of Approval to Construct (OAC) for which there is no associated NOC application. The internet notice shall remain on the NWCAA website for a minimum of 15 consecutive days and shall include the following information:
(1) name and location of the affected facility,
(2) brief description of the proposed action, and
(3) a statement that a public comment period may be requested within 15 days of the initial date of the internet posting.
(B) Requests for a public comment period shall be received by the NWCAA via letter, facsimile, or electronic mail within 15 days of the initial date of the internet posting. A public notice and comment period shall be provided in accordance with this Section, for any NOC application or proposed OAC revision that receives such a request. Any NOC application or proposed OAC revision for which a public comment period is not requested may be processed without further public involvement at the end of the 15-day request period.
305.2 Actions Requiring Public Notice and Comment Period
(A) The NWCAA shall provide public notice and a public comment period in accordance with 305.3 through 305.8 of this Section, before approving or denying any of the following types of applications or other actions:
(1) Any use of a modified or substituted air quality model, other than a guideline model in Appendix W of 40 CFR Part 51 (in effect on July 1, 2005) as part of review under Section 300 of this Regulation;
(2) Any order to determine Reasonably Available Control Technology (RACT);
(3) Any order to establish a compliance schedule or a variance;
(4) Any order to demonstrate the creditable height of a stack which exceeds the good engineering practice (GEP) formula height and sixty-five meters, by means of a fluid model or a field study, for the purposes of establishing an emission limitation;
(5) Any order to authorize an emissions bubble pursuant to WAC 173-400-120;
(6) Any regulatory order to establish or debit of emission reduction credits (ERC);
(7) Any order issued under WAC 173-400-091 that establishes limitations on a source's potential to emit;
(8) Any extension of the deadline to begin actual construction of a "major stationary source" or "major modification" in a nonattainment area;
(9) The original issuance and any revisions to a general Order of Approval issued under WAC 173-400-560;
(10) Any Notice of Construction application or other proposed action for which the NWCAA determines there is substantial public interest;
(11) Any Notice of Construction application or proposed Order of Approval to Construct revision that receives a request for a public comment period in accordance with 305.1 of this Section.
(12) Any Notice of Construction application or proposed Order of Approval to Construct revision that would result in a significant emissions increase defined as follows.
| Air Pollutant | Potential to Emit in Tons per Year |
| Carbon Monoxide (CO) | 100.0 |
| Volatile Organic Compounds (VOC) | 40.0 |
| Sulfur Dioxide (SO2) | 40.0 |
| Nitrogen Oxides (NOx) | 40.0 |
| Particulate Matter (PM) | 25.0 |
| Fine Particulate Matter (PM-10) | 15.0 |
| Lead | 0.6 |
| Fluorides | 3.0 |
| Sulfuric Acid Mist (H2SO4) | 7.0 |
| Hydrogen Sulfide (H2S) | 10.0 |
| Total Reduced Sulfur (including H2S) | 10.0 |
305.3 Public Comment Period
If required, a public comment period shall be initiated through publication of a legal notice in a local newspaper. The public comment period shall be initiated only after the NWCAA has made a preliminary determination. The cost of providing legal notice shall be borne by the applicant. Public notice of any NOC application requiring a public comment period shall include the following:
(A) The NOC application and any written preliminary determination by the NWCAA shall be available on the NWCAA's internet website, excluding any confidential information as provided in Section 114 of this Regulation. In addition, the NOC application and any written determination shall be made available for public inspection in at least one location near the proposed project. The NWCAA's written preliminary determination shall include the conclusions, determinations and pertinent supporting information from the NWCAA's analysis of the effect of the proposed project on air quality.
(B) Publication of a legal notice in a newspaper of general circulation in the area of the proposed project which provides each of the following:
(1) Name, location and a brief description of the project;
(2) Location of documents made available for public inspection;
(3) The deadline for submitting written comments;
(4) A statement that any person, interested governmental agency, group, or the applicant may request a public hearing;
(5) A statement that a public hearing may be held if the NWCAA determines within a 30-day period that significant public interest exists;
(6) The date of the close of the public comment period in the event of a public hearing;
(C) Notice to the US Environmental Protection Agency Region 10 Regional Administrator.
305.4 Extent of Public Comment Period
The public comment period shall be the 30-day period following the date the public notice is first published, unless a public hearing is held. If a public hearing is held, the public comment period shall extend through the hearing date and thereafter for such period, as specified in the notice of public hearing.
305.5 Public Hearings
Any person, interested governmental entity, group or the applicant, may request a public hearing within the comment period specified in the public notice. Any such request shall indicate, in writing, the interest of the entity filing it and why a hearing is warranted. The NWCAA may, in its discretion, hold a public hearing if it determines that significant public interest exists. Any such hearing shall be held upon such notice and at a time and place as the NWCAA deems reasonable. The NWCAA shall provide at least 30 days prior notice of any hearing.
305.6 Consideration of Public Comments
No final decision on any NOC application or OAC revision shall be made until all public comment periods have ended and any comments received have been considered.
305.7 Other Requirements of Law
Whenever procedures permitted or mandated by law will accomplish the objectives of public notice and opportunity for comment, those procedures may be used in lieu of the provisions of this section (e.g., SEPA). This subsection does not apply to an application for a "major modification" or an application from a "major stationary source".
305.8 Public Information.
All information provided to the public in accordance with this Section, except information protected from disclosure under any applicable law, including, but not limited to, NWCAA Section 114 and RCW 70.94.205, shall be available for public inspection at the NWCAA. This includes copies of Notices of Construction applications, orders, and modifications.
Passed: July 14, 2005 Amended: November 8, 2007, June 9, 2011, November 17, 2011
AMENDATORY SECTION
SECTION 321 - EXEMPTIONS FROM REGISTRATION
Exclusion from registration does not absolve the owner,
lessee, or his registered agent from all other requirements of
the Regulation of the NWCAA. Exemption from registration does
not apply to any control facility or device required to be
installed in order to meet the emission and/or ambient
standards of this Regulation.
The following sources of air pollution are exempt from registration:
321.1 Motor vehicles.
321.2 Non-road engines (as defined in Section 216 of the FCAA).
321.3 Non-road vehicles (as defined in Section 216 of the FCAA).
321.4 Sources that require an air operating permit per Chapter 173-401 WAC.
321.5 The Control Officer may exempt sources having the potential to emit (uncontrolled) criteria air pollutants under the following thresholds:
a) 5 tons per year of carbon monoxide (CO);
b) 2 tons per year of nitrogen oxides (NOx);
c) 2 tons per year of sulfur dioxide (SO2);
d) 1.25 tons per year of particulate matter (PM);
e) 0.75 tons per year of fine particulate matter (PM10);
f) 2 tons per year of volatile organic compounds (VOC's);
g) 0.005 tons per year of lead.
321.6 The Control Officer may exempt sources that do not emit measurable amounts of Class A or Class B toxic air pollutants specified in Chapter 173-460-150 WAC and Chapter 173-460-160 WAC.
PASSED: November 12, 1998 Amended: June 9, 2011, November 17, 2011
AMENDATORY SECTION
SECTION 322 - AIR OPERATING PERMIT PROGRAM (AOP)
322.1 Purpose. The purpose of this section is to provide
for a comprehensive operating permit program consistent with
the requirements of Title V of the Federal Clean Air Act
(FCAA) Amendments of 1990 and its implementing regulation 40
CFR Part 70, and RCW 70.94.161 and its implementing regulation
Chapter 173-401 of the Washington Administrative Code (WAC).
322.2 Applicability. The provisions of this section shall apply to all sources within the NWCAA jurisdiction excluding those regulated by the Washington State Department of Ecology Industrial Section subject to the requirements of Section 7661(a) of the FCAA or Chapter 173-401-300 WAC.
322.3 Compliance. It shall be unlawful for any person to cause or allow the operation of any source subject to the requirements of Chapter 173-401 WAC without complying with the provisions of Chapter 173-401 WAC and any permit issued under its authority.
322.4 Air Operating Permit Fees.
a) The NWCAA shall levy annual operating permit program fees as set forth in this section to cover the cost of administering its operating permit program.
b) Commencing with the effective date of the operating permit program, the NWCAA shall assess and collect annual air operating permit fees in its jurisdiction for any source specified in Section 7661(a) of Title V of the FCAA or Chapter 173-401-300 WAC (excluding sources regulated by the Washington State Department of Ecology Industrial Section). The total fees required by the NWCAA to administer the program shall be determined by a workload analysis conducted by the staff and approved annually by a resolution by the Board of Directors. Allocation of the fees to individual affected sources shall be based on the following:
1) Ten percent (10%) of the total fees shall be allocated equally among all affected sources.
2) Ninety percent (90%) of the total fees shall be allocated based on actual emissions of regulated pollutants identified in the most recent annual emission inventory or potential emissions if actual data are unavailable. A regulated pollutant for fee calculation shall include:
Nitrogen oxides (NOx);
Volatile organic compounds (VOC's);
Particulate matter with an aerodynamic particle diameter less than or equal to 10µ (PM10);
Sulfur dioxide (SO2);
Lead; and
Any pollutant subject to the requirements under Section 112(b) of the FCAA not included in any of the above categories.
c) Upon assessment by the NWCAA, fees are due and payable and shall be deemed delinquent if not fully paid within 90 days. Any source that fails to pay a fee imposed under this section within 90 days of the due date shall be assessed a late penalty in the amount of 50 percent of the fee. This late penalty shall be in addition to the fee assessed under this section.
d) The NWCAA shall collect and transfer to the Washington State Department of Ecology a surcharge established by the Department of Ecology to cover the Department of Ecology's program development and oversight costs attributable to subject sources within the NWCAA jurisdiction. Fees for the Department of Ecology shall be allocated to affected sources in the same manner specified in this section.
e) An affected source subject to the operating permit program that is required to pay an annual operating permit program fee shall not be required to pay a registration fee as specified in Section 324.
PASSED: November 12, 1998 Amended: November 12, 1999, June 9, 2011, November 17, 2011