PERMANENT RULES
CLEAN AIR AGENCY
Effective Date of Rule: November 1, 2011.
Purpose: To update our adoption reference; to clarify notification applicability terms and exemptions; and to correct an inaccurate reference.
Citation of Existing Rules Affected by this Order: Amending Regulation I, Sections 6.01, 6.03, and 6.04.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 11-16-090 on August 2, 2011.
Changes Other than Editing from Proposed to Adopted Version: The effective date for WAC 173-400-720 was changed from April 1, 2011, to September 10, 2011. (+ Ecology fees) was added to an item in Section 6.04(a).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 22, 2011.
Craig Kenworthy
Executive Director
AMENDATORY SECTION
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))
4/01/11)
WAC 173-400-081 Startup and shutdown. (effective
((9/20/93)) 4/01/11)
WAC 173-400-110 New source review (NSR) for sources and
portable sources. (effective ((6/20/09)) 4/01/11) (((3)))
(1)(c)(i), (1)(d) and (((6)-(10))) (1)(e)
WAC 173-400-111 Processing notice of construction applications for sources, stationary sources and portable sources. (effective 4/01/11)
WAC 173-400-112 Requirements for new sources in
nonattainment areas. (effective ((2/10/05)) 4/01/11)
WAC 173-400-113 Requirements for new sources in
attainment or unclassifiable areas. (effective ((2/10/05))
4/01/11)
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)) notice. (effective
((6/08/07)) 04/01/11)
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)) 4/01/11)
WAC 173-400-700 Review of major stationary sources of air
pollution. (effective ((2/10/05)) 4/01/11)
WAC 173-400-710 Definitions. (effective 6/08/07)
WAC 173-400-720 Prevention of significant deterioration
(PSD). (effective ((6/08/07)) 09/10/11)
WAC 173-400-730 Prevention of significant deterioration
application processing procedures. (effective ((2/10/05))
4/01/11)
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)) 4/01/11)
WAC 173-400-800 Major stationary source and major modification in a nonattainment area. (effective 4/01/11)
WAC 173-400-810 Major stationary source and major modification definitions. (effective 4/01/11)
WAC 173-400-820 Determining if a new stationary source or modification to a stationary source is subject to these requirements. (effective 4/01/11)
WAC 173-400-830 Permitting requirements. (effective 4/01/11)
WAC 173-400-840 Emission offset requirements. (effective 4/01/11)
WAC 173-400-850 Actual emissions plantwide applicability limitation (PAL). (effective 4/01/11)
WAC 173-400-860 Public involvement procedures. (effective 4/01/11)
WAC 173-460-020 Definitions. (effective 6/20/09)
WAC 173-460-030 Applicability. (effective 6/20/09)
WAC 173-460-040 New source review. (effective 6/20/09) (2)-(3)
WAC 173-460-050 Requirement to quantify emissions. (effective 6/20/09)
WAC 173-460-060 Control technology requirements. (effective 6/20/09) (1)
WAC 173-460-070 Ambient impact requirement. (effective 6/20/09)
WAC 173-460-071 Voluntary limits on emissions. (effective 6/20/09)
WAC 173-460-080 First tier review. (effective 6/20/09) (2)-(4)
WAC 173-460-090 Second tier review. (effective 6/20/09)
WAC 173-460-100 Third tier review. (effective 6/20/09)
WAC 173-460-150 Table of ASIL, SQER and de minimis 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.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Puget Sound Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 6.03 NOTICE OF CONSTRUCTION
(a) It shall be unlawful for any person to cause or allow the establishment of a new source, or the replacement or substantial alteration of control equipment installed on an existing source, unless a "Notice of Construction application" has been filed and an "Order of Approval" has been issued by the Agency. The exemptions in Sections 6.03 (b) and (c) of this regulation shall not apply to:
(1) 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 for Subpart AAA (New Residential Wood Heaters), Subpart BB (Kraft Pulp Mills), Subpart S (Primary Aluminum Reduction Plants), and Subpart IIII pertaining to owners and operators of emergency stationary compression ignition internal combustion engines; and for relocation of affected facilities under Subpart I (Hot Mix Asphalt Facilities) and Subpart OOO (Nonmetallic Mineral Processing Plants) for which an Order of Approval has been previously issued by the Agency;
(2) 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 Subpart B (Radon from Underground Uranium Mines), Subpart H (Emissions of Radionuclides other than Radon from Department of Energy Facilities), Subpart I (Radionuclides from Federal Facilities other than Nuclear Regulatory Commission Licensees and not covered by Subpart H), Subpart K (Radionuclides from Elemental Phosphorus Plants), Subpart Q (Radon from Department of Energy Facilities), Subpart R (Radon from Phosphogypsum Stacks), Subpart T (Radon from Disposal of Uranium Mill Tailings), Subpart W (Radon from Operating Mill Tailings), and for demolition and renovation projects subject to Subpart M (Asbestos);
(3) Any project that qualifies as a new source as defined under 40 CFR 63.2 (National Emission Standards for Hazardous Air Pollutants for Source Categories), except for the provisions of Subpart M (Dry Cleaning Facilities) pertaining to area source perchloroethylene dry cleaners, Subpart LL (Primary Aluminum Reduction Plants), the provisions of Subpart S (Pulp and Paper Industry) and Subpart MM (Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills) pertaining to kraft and sulfite pulp mills, the provisions of Subpart ZZZZ (Reciprocating Internal Combustion Engines) pertaining to emergency and limited-use stationary reciprocating internal combustion engines, Subpart WWWWW (Hospitals: Ethylene Oxide Sterilizers), Subpart CCCCCC (Gasoline Dispensing Facilities), Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating Operations), Subpart WWWWWW (Plating and Polishing Operations), Subpart XXXXXX (Nine Metal Fabrication and Finishing Source Categories), Subpart YYYYYY (Ferroalloys Production Facilities), and Subpart ZZZZZZ (Aluminum, Copper, and Other Nonferrous Foundries);
(4) Any new major stationary source or major modification as defined under WAC 173-400-030; and
(5) Any stationary source previously exempted from review that is cited by the Agency for causing air pollution under Section 9.11 of this regulation.
(b) Notifications. A Notice of Construction application
and Order of Approval are not required for the ((following))
new sources identified in this section, provided that a
complete notification is filed with the Agency. ((prior to
initial startup)) It shall be unlawful for any person to cause
or allow establishment of a new source identified in this
section unless a complete notification has been filed with the
Agency:
Liquid Storage and Transfer
(1) Storage tanks used exclusively for:
(A) Gasoline dispensing and having a rated capacity of
≥1,001((-19,999)) gallons, PROVIDED THAT they are installed in
accordance with the current California Air Resources Board
Executive Orders;
(B) Organic liquids with a true vapor pressure of 2.2-4.0 psia and having a rated capacity of 20,000-39,999 gallons; or
(C) Organic liquids with a true vapor pressure of 0.5-0.75 psia and having a rated capacity ≥40,000 gallons.
(2) Loading and unloading equipment used exclusively for the storage tanks exempted above, including gasoline dispensers at gasoline stations.
Relocation of Portable Batch Plants
(3) Relocation of the following portable facilities: asphalt batch plants, nonmetallic mineral processing plants, rock (or concrete) crushers, and concrete batch plants for which an Order of Approval has been previously issued by the Agency. All the conditions in the previously issued Order of Approval remain in effect.
Dry Cleaning
(4) Unvented, dry-to-dry, dry-cleaning equipment that is equipped with refrigerated condensers to recover the cleaning solvent.
Printing
(5) Non-heatset, web offset presses and wholesale, sheet-fed offset presses (lithographic or letterpress) using exclusively soy-based or kerosene-like oil-based inks, fountain solutions with ≤6% VOC by volume or ≤8.5% if refrigerated to <60ºF, and cleaning solvents with a vapor pressure ≤25mm Hg or a VOC content ≤30% by volume.
Water Treatment
(6) Industrial and commercial wastewater evaporators (except flame impingement) used exclusively for wastewater generated on-site that meets all discharge limits for disposal into the local municipal sewer system (including metals, cyanide, fats/oils/grease, pH, flammable or explosive materials, organic compounds, hydrogen sulfide, solids, and food waste). A letter from the local sewer district documenting compliance is required in order to use this exemption.
Sanding Equipment
(7) Sanding equipment controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for reverse-air or manual cleaning) or <12:1 (for pulse-jet cleaning).
Ventilation and Control Equipment
(8) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for mechanical or manual cleaning) or <12:1 (for pulse-jet cleaning).
(9) Replacement of an existing paint spray booth((s))
that has previously received an Order of Approval, with like
kind equipment and for spray coating operations that continue
to operate consistent with the previously issued Order of
Approval. All the conditions in the previously issued Order
of Approval remain in effect.
Miscellaneous
(10) Any source not otherwise exempt under Section 6.03(c) of this regulation that has been determined through review of a Notice of Construction application by the Control Officer not to warrant an Order of Approval because it has a de minimis impact on air quality and does not pose a threat to human health or the environment.
Coffee Roasters
(11) Batch coffee roasters with a maximum rated capacity of 10 lbs per batch or less.
(c) Exemptions. A Notice of Construction application and Order of Approval are not required for the following new sources, provided that sufficient records are kept to document the exemption:
Combustion
(1) Fuel-burning equipment (except when combusting pollutants generated by a non-exempt source) having a rated capacity:
(A) <10 million Btu per hour heat input burning exclusively distillate fuel oil, natural gas, propane, butane, biodiesel that meets ASTM D 6751 specifications (or any combination thereof);
(B) <0.5 million Btu per hour heat output burning waste-derived fuel (including fuel oil not meeting the specifications in Section 9.08 of this regulation); or
(C) <1 million Btu per hour heat input burning any other fuel.
(2) All stationary gas turbines with a rated heat input <10 million Btu per hour.
(3) Stationary internal combustion engines having a rated capacity:
(A) <50 horsepower output;
(B) Used solely for instructional purposes at research, teaching, or educational facilities; or
(C) Portable or standby units operated <500 hours per year, PROVIDED THAT they are not operated at a facility with a power supply contract that offers a lower rate in exchange for the power supplier's ability to curtail energy consumption with prior notice.
(4) Relocation of portable, stationary internal combustion engines or gas turbines for which an Order of Approval has been previously issued by the Agency.
(5) All nonroad compression ignition engines subject to 40 CFR Part 89 and land-based nonroad compression engines subject to 40 CFR Part 1039.
Metallurgy
(6) Crucible furnaces, pot furnaces, or induction furnaces with a capacity ≤1,000 pounds, PROVIDED THAT no sweating or distilling is conducted, and PROVIDED THAT only precious metals, or an alloy containing >50% aluminum, magnesium, tin, zinc, or copper is melted.
(7) Crucible furnaces or pot furnaces with a capacity ≤450 cubic inches of any molten metal.
(8) Ladles used in pouring molten metals.
(9) Foundry sand-mold forming equipment.
(10) Shell core and shell-mold manufacturing machines.
(11) Molds used for the casting of metals.
(12) Die casting machines with a rated capacity ≤1,000 pounds that are not used for copper alloys.
(13) Equipment used for heating metals immediately prior to forging, pressing, rolling, or drawing, if any combustion equipment is also exempt.
(14) Forming equipment used exclusively for forging, rolling, or drawing of metals, if any combustion equipment is also exempt.
(15) Heat treatment equipment used exclusively for metals, if any combustion equipment is also exempt.
(16) Equipment used exclusively for case hardening, carburizing, cyaniding, nitriding, carbonitriding, siliconizing, or diffusion treating of metals, if any combustion equipment is also exempt.
(17) Atmosphere generators used in connection with metal heat-treating processes.
(18) Sintering equipment used exclusively for metals other than lead, PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.
(19) Welding equipment and oxygen/gaseous fuel cutting equipment.
(20) Soldering or brazing, or equipment, including brazing ovens.
(21) Equipment used exclusively for surface preparation, passivation, deoxidation, and/or stripping that meets all of the following tank content criteria:
(A) ≤50 grams of VOC per liter;
(B) No acids other than boric, formic, acetic, phosphoric, sulfuric, or ≤12% hydrochloric; and
(C) May contain alkaline oxidizing agents, hydrogen peroxide, salt solutions, sodium hydroxide, and water in any concentration.
Associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment are also exempt. (This exemption does not include anodizing, hard anodizing, chemical milling, circuit board etching using ammonia-based etchant, electrocleaning, or the stripping of chromium, except sulfuric acid and/or boric acid anodizing with a total bath concentration of ≤20% by weight and using ≤10,000 amp-hours per day, or phosphoric acid anodizing with a bath concentration of ≤15% by weight of phosphoric acid and using ≤20,000 amp-hours per day.)
(22) Equipment used exclusively for electrolytic plating (except the use of chromic and/or hydrochloric acid) or electrolytic stripping (except the use of chromic, hydrochloric, nitric, or sulfuric acid) of brass, bronze, copper, iron, tin, zinc, precious metals, and associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment. Also, equipment used to electrolytically recover metals from spent or pretreated plating solutions that qualify for this exemption.
Ceramics and Glass
(23) Kilns used for firing ceramic-ware or artwork, if any combustion equipment is also exempt.
(24) Porcelain enameling furnaces, porcelain enameling drying ovens, vitreous enameling furnaces, or vitreous enameling drying ovens, if any combustion equipment is also exempt.
(25) Hand glass melting furnaces, electric furnaces, and pot furnaces with a capacity ≤1,000 pounds of glass.
(26) Heat-treatment equipment used exclusively for glass, if any combustion equipment is also exempt.
(27) Sintering equipment used exclusively for glass PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.
Plastics and Rubber and Composites
(28) Equipment used exclusively for conveying and storing plastic pellets.
(29) Extrusion equipment used exclusively for extruding rubber or plastics where no organic plasticizer is present, or for pelletizing polystyrene foam scrap.
(30) Equipment used for extrusion, compression molding, and injection molding of plastics, PROVIDED THAT the VOC content of all mold release products or lubricants is ≤1% by weight.
(31) Injection or blow-molding equipment for rubber or plastics, PROVIDED THAT no blowing agent other than compressed air, water, or carbon dioxide is used.
(32) Presses or molds used for curing, post-curing, or forming composite products and plastic products, PROVIDED THAT the blowing agent contains no VOC or chlorinated compounds.
(33) Presses or molds used for curing or forming rubber products and composite rubber products with a ram diameter ≤26 inches, PROVIDED THAT it is operated at ≤400ºF.
(34) Ovens used exclusively for the curing or forming of plastics or composite products, where no foam-forming or expanding process is involved, if any combustion equipment is also exempt.
(35) Ovens used exclusively for the curing of vinyl plastisols by the closed-mold curing process, if any combustion equipment is also exempt.
(36) Equipment used exclusively for softening or annealing plastics, if any combustion equipment is also exempt.
(37) Hot wire cutting of expanded polystyrene foam and woven polyester film.
(38) Mixers, roll mills, and calenders for rubber or plastics where no material in powder form is added and no organic solvents, diluents, or thinners are used.
Material Working and Handling
(39) Equipment used for mechanical buffing (except tire buffers), polishing, carving, cutting, drilling, grinding, machining, planing, pressing, routing, sawing, stamping, or turning of wood, ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, fiberboard, masonry, glass, silicon, semiconductor wafers, carbon, graphite, or composites. This exemption also applies to laser cutting, drilling, and machining of metals.
(40) Hand-held sanding equipment.
(41) Sanding equipment controlled by a fabric filter with an airflow of <2,000 cfm.
(42) Equipment used exclusively for shredding of wood (e.g., tub grinders, hammermills, hoggers), or for extruding, pressing, handling, or storage of wood chips, sawdust, or wood shavings.
(43) Paper shredding and associated conveying systems and baling equipment.
(44) Hammermills used exclusively to process aluminum and/or tin cans.
(45) Tumblers used for the cleaning or deburring of metal products without abrasive blasting.
Abrasive Blasting
(46) Portable abrasive blasting equipment used at a temporary location to clean bridges, water towers, buildings, or similar structures, PROVIDED THAT any blasting with sand (or silica) is performed with ≥66% by volume water.
(47) Portable vacuum blasting equipment using steel shot and vented to a fabric filter.
(48) Hydroblasting equipment using exclusively water as the abrasive.
(49) Abrasive blasting cabinets vented to a fabric filter, PROVIDED THAT the total internal volume of the cabinet is ≤100 cubic feet.
(50) Shot peening operations, PROVIDED THAT no surface material is removed.
Cleaning
(51) Solvent cleaning:
(A) Non-refillable, hand-held aerosol spray cans of solvent; or
(B) Closed-loop solvent recovery systems with refrigerated or water-cooled condensers used for recovery of waste solvent generated on-site.
(52) Steam-cleaning equipment.
(53) Unheated liquid solvent tanks used for cleaning or drying parts:
(A) With a solvent capacity ≤10 gallons and containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetra-chloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof;
(B) Using a solvent with a true vapor pressure ≤0.6 psi containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloro-ethylene, or any combination thereof;
(C) With a remote reservoir and using a solvent containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetra-chloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof; or
(D) With a solvent capacity ≤2 gallons; or
(E) Using solutions with a Volatile Organic Compound (VOC) content of ≤1% by weight and no identified Hazardous Air Pollutant (HAP), and are heated below the boiling point of the solution.
(54) Hand-wipe cleaning.
Coating, Resin, and Adhesive Application
(55) Powder-coating equipment.
(56) Portable coating equipment and pavement stripers used exclusively for the field application of architectural coatings and industrial maintenance coatings to stationary structures and their appurtenances or to pavements and curbs.
(57) High-volume low-pressure (HVLP) spray-coating equipment having a cup capacity ≤8 fluid ounces, PROVIDED THAT it is not used to coat >9 square feet per day and is not used to coat motor vehicles or aerospace components.
(58) Airbrushes having a cup capacity ≤2 fluid ounces and an airflow of 0.5-2.0 cfm.
(59) Hand-held aerosol spray cans having a capacity of ≤1 quart of coating and hand-held brush and rollers for coating application.
(60) Spray-coating equipment used exclusively for application of automotive undercoating or bed liner materials with a flash point >100°F.
(61) Ovens associated with an exempt coating operation, if any combustion equipment is also exempt.
(62) Ovens associated with a coating operation that are used exclusively to accelerate evaporation, if any combustion equipment is also exempt. (Note: The coating operation is not necessarily exempt.)
(63) Radiation-curing equipment using ultraviolet or electron beam energy to initiate a chemical reaction forming a polymer network in a coating.
(64) Hand lay, brush, and roll-up resins equipment and operations.
(65) Equipment used exclusively for melting or applying of waxes or natural and synthetic resins.
(66) Hot-melt adhesive equipment.
(67) Any adhesive application equipment that exclusively uses materials containing <1% VOC by weight and <0.1% HAP.
(68) Equipment used exclusively for bonding of linings to brake shoes, where no organic solvents are used.
Printing
(69) Retail, sheet-fed, non-heatset offset presses (lithographic or letter-press).
(70) Presses using exclusively UV-curable inks.
(71) Presses using exclusively plastisols.
(72) Presses using exclusively water-based inks (<1.5 lbs VOC per gallon, excluding water, or <10% VOC by volume) and cleaning solvents without VOC.
(73) Presses used exclusively for making proofs.
(74) Electrostatic, ink jet, laser jet, and thermal printing equipment.
(75) Ovens used exclusively for exempt printing presses, if any combustion equipment is also exempt.
Photography
(76) Photographic process equipment by which an image is reproduced upon material sensitized by radiant energy, excluding equipment using perchloroethylene.
Liquid Storage and Transfer
(77) Storage tanks permanently attached to a motor vehicle.
(78) Storage tanks used exclusively for:
(A) Liquefied gases, including any tanks designed to operate in excess of 29.7 psia without emissions;
(B) Asphalt at a facility other than an asphalt roofing plant, asphalt processing plant, hot mix asphalt plants, or petroleum refinery;
(C) Any liquids (other than asphalt) that also have a rated capacity ≤1,000 gallons;
(D) Organic liquids (other than gasoline or asphalt) that also have a rated capacity <20,000 gallons;
(E) Organic liquids (other than asphalt) with a true vapor pressure <2.2 psia (e.g., ASTM spec. fuel oils and lubricating oils) that also have a rated capacity <40,000 gallons;
(F) Organic liquids (other than asphalt) with a true vapor pressure <0.5 psia that also have a rated capacity ≥40,000 gallons;
(G) Sulfuric acid or phosphoric acid with an acid strength ≤99% by weight;
(H) Nitric acid with an acid strength ≤70% by weight;
(I) Hydrochloric acid or hydrofluoric acid tanks with an acid strength ≤30% by weight;
(J) Aqueous solutions of sodium hydroxide, sodium hypochlorite, or salts, PROVIDED THAT the surface of the solution contains ≤1% VOC by weight;
(K) Liquid soaps, liquid detergents, vegetable oils, fatty acids, fatty esters, fatty alcohols, waxes, and wax emulsions;
(L) Tallow or edible animal fats intended for human consumption and of sufficient quality to be certifiable for United States markets;
(M) Water emulsion intermediates and products, including latex, with a VOC content ≤5% by volume or a VOC composite partial pressure of ≤0.1 psi at 68ºF; or
(N) Wine, beer, or other alcoholic beverages.
(79) Loading and unloading equipment used exclusively for the storage tanks exempted above.
(80) Loading and unloading equipment used exclusively for transferring liquids or compressed gases into containers having a rated capacity <60 gallons, except equipment transferring >1,000 gallons per day of liquid with a true vapor pressure >0.5 psia.
(81) Equipment used exclusively for the packaging of sodium hypochlorite-based household cleaning or pool products.
Mixing
(82) Mixing equipment, PROVIDED THAT no material in powder form is added and the mixture contains <1% VOC by weight.
(83) Equipment used exclusively for the mixing and blending of materials at ambient temperature to make water-based adhesives.
(84) Equipment used exclusively for the manufacture of water emulsions of waxes, greases, or oils.
(85) Equipment used exclusively for the mixing and packaging of lubricants or greases.
(86) Equipment used exclusively for manufacturing soap or detergent bars, including mixing tanks, roll mills, plodders, cutters, wrappers, where no heating, drying, or chemical reactions occur.
(87) Equipment used exclusively to mill or grind coatings and molding compounds in a paste form, PROVIDED THAT the solution contains <1% VOC by weight.
(88) Batch mixers with a rated working capacity ≤55 gallons.
(89) Batch mixers used exclusively for paints, varnishes, lacquers, enamels, shellacs, printing inks, or sealers, PROVIDED THAT the mixer is equipped with a lid that contacts ≥90% of the rim.
Water Treatment
(90) Oil/water separators, except those at petroleum refineries.
(91) Water cooling towers and water cooling ponds not used for evaporative cooling of process water, or not used for evaporative cooling of water from barometric jets or from barometric condensers, and in which no chromium compounds are contained.
(92) Equipment used exclusively to generate ozone and associated ozone destruction equipment for the treatment of cooling tower water or for water treatment processes.
(93) Municipal sewer systems, including wastewater treatment plants and lagoons, PROVIDED THAT they do not use anaerobic digesters or chlorine sterilization. This exemption does not include sewage sludge incinerators.
(94) Soil and groundwater remediation projects involving <15 pounds per year of benzene or vinyl chloride, <500 pounds per year of perchloroethylene, and <1,000 pounds per year of toxic air contaminants.
Landfills and Composting
(95) Passive aeration of soil, PROVIDED THAT the soil is not being used as a cover material at a landfill.
(96) Closed landfills that do not have an operating, active landfill gas collection system.
(97) Non-commercial composting.
Agriculture, Food, and Drugs
(98) Equipment used in agricultural operations, in the growing of crops, or the raising of fowl or animals.
(99) Insecticide, pesticide, or fertilizer spray equipment.
(100) Equipment used in retail establishments to dry, cook, fry, bake, or grill food for human consumption, including charbroilers, smokehouses, barbecue units, deep fat fryers, cocoa and nut roasters, but not including coffee roasters.
(101) Cooking kettles (other than deep frying equipment) and confection cookers where all the product in the kettle is edible and intended for human consumption.
(102) Bakery ovens with a total production of yeast leavened bread products <10,000 pounds per operating day, if any combustion equipment is also exempt.
(103) Equipment used to dry, mill, grind, blend, or package <1,000 tons per year of dry food products such as seeds, grains, corn, meal, flour, sugar, and starch.
(104) Equipment used to convey, transfer, clean, or separate <1,000 tons per year of dry food products or waste from food production operations.
(105) Storage equipment or facilities containing dry food products that are not vented to the outside atmosphere, or that handle <1,000 tons per year.
(106) Equipment used exclusively to grind, blend, package, or store tea, cocoa, spices, coffee, flavor, fragrance extraction, dried flowers, or spices, PROVIDED THAT no organic solvents are used in the process.
(107) Equipment used to convey or process materials in bakeries or used to produce noodles, macaroni, pasta, food mixes, and drink mixes where products are edible and intended for human consumption, PROVIDED THAT no organic solvents are used in the process. This exemption does not include storage bins located outside buildings.
(108) Brewing operations at facilities producing <3 million gallons per year of beer.
(109) Fermentation tanks for wine (excluding tanks used for the commercial production of yeast for sale).
(110) Equipment used exclusively for tableting, or coating vitamins, herbs, or dietary supplements, PROVIDED THAT no organic solvents are used in the process.
(111) Equipment used exclusively for tableting or packaging pharmaceuticals and cosmetics, or coating pharmaceutical tablets, PROVIDED THAT no organic solvents are used.
Quarries, Nonmetallic Mineral Processing Plants, and Concrete and Asphalt Batch Plants
(112) Portable sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers ≤150 tons per hour.
(113) Fixed sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers ≤25 tons per hour.
(114) Common clay plants and pumice plants with a cumulative rated capacity of all initial crushers of ≤10 tons per hour.
(115) Mixers and other ancillary equipment at concrete batch plants (or aggregate product production facilities) with a rated capacity <15 cubic yards per hour.
(116) Concrete mixers with a rated working capacity of ≤1 cubic yard.
(117) Drilling or blasting (explosives detonation).
(118) Asphaltic concrete crushing/recycling equipment with a throughput <5,000 tons per year.
Construction
(119) Asphalt paving application.
(120) Asphalt (hot-tar) roofing application.
(121) Building construction or demolition, except that notification of demolitions is required under Section 4.03 of Regulation III.
Ventilation and Control Equipment
(122) Comfort air-conditioning systems, or ventilating systems (forced or natural draft), PROVIDED THAT they are not designed or used to control air contaminants generated by, or released from, sources subject to Notice of Construction.
(123) Refrigeration units, except those used as, or in conjunction with, air pollution control equipment.
(124) Refrigerant recovery and/or recycling units, excluding refrigerant reclaiming facilities.
(125) Emergency ventilation systems used exclusively to contain and control emissions resulting from the failure of a compressed gas storage system.
(126) Emergency ventilation systems used exclusively to scrub ammonia from refrigeration systems during process upsets or equipment breakdowns.
(127) Negative air machines equipped with HEPA filters used to control asbestos emissions from demolition/renovation activities.
(128) Portable control equipment used exclusively for storage tank degassing.
(129) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow <2,000 cfm.
(130) Control equipment used exclusively for sources that are exempt from Notice of Construction under Section 6.03(c) of this regulation.
(131) Routine maintenance, repair, or similar parts replacement of control equipment.
Testing and Research
(132) Laboratory testing and quality assurance/control testing equipment used exclusively for chemical and physical analysis, teaching, or experimentation, used specifically in achieving the purpose of the analysis, test, or teaching activity. Non-production bench scale research equipment is also included.
Miscellaneous
(133) Single-family and duplex dwellings.
(134) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment, if any combustion equipment used to power such equipment is also exempt.
(135) Equipment, including dryers, used exclusively for dyeing, stripping, or bleaching of textiles where no organic solvents, diluents, or thinners are used, if any combustion equipment used to power such equipment is also exempt.
(136) Chemical vapor sterilization equipment where no ethylene oxide is used, and with a chamber volume of ≤2 cubic feet used by healthcare facilities.
(137) Ozone generators that produce <1 pound per day of ozone.
(138) Fire extinguishing equipment.
(d) Each Notice of Construction application and Section 6.03(b) notification shall be submitted on forms provided by the Agency and shall be accompanied by the appropriate fee as required by Section 6.04 of this regulation. Notice of Construction applications shall also include any additional information required to demonstrate that the requirements of this Article are met. Notice of Construction applications shall also include an environmental checklist or other documents demonstrating compliance with the State Environmental Policy Act.
AMENDATORY SECTION
SECTION 6.04 NOTICE OF CONSTRUCTION FEES
(a) A Notice of Construction application is incomplete
until the Agency has received fees as shown below:
| Filing Fee (for each application, to be paid prior to any review) . . . . . . . . . . . . $1,000 | ||
| Coffee Roaster (less than 40 pounds/batch, with thermal oxidizer) . . . . . . . . . . . . $500 | ||
| Hot Mix Asphalt Batch Plant . . . . . . . . . . . . $7,000 | ||
| Soil Thermal Desorption Unit . . . . . . . . . . . . $5,000 | ||
| Electric Generation Project: (combined heat input capacity) | ||
| 10 - 100 million Btu/hr . . . . . . . . . . . . $5,000 | ||
| 101 - 250 million Btu/hr . . . . . . . . . . . . $10,000 | ||
| >250 million Btu/hr . . . . . . . . . . . . $25,000 | ||
| Composting Facility . . . . . . . . . . . . $10,000 | ||
| Commercial Solid Waste Handling Facility . . . . . . . . . . . . $10,000 | ||
| Landfill Gas System . . . . . . . . . . . . $2,500 | ||
| Refuse Burning Equipment: (rated charging capacity) | ||
| ≤12 tons per day . . . . . . . . . . . . $5,000 | ||
| >12 tons and ≤250 tons per day . . . . . . . . . . . . $20,000 | ||
| >250 tons per day . . . . . . . . . . . . $50,000 | ||
| Other (not listed above) for each Piece of Equipment and Control Equipment . . . . . . . . . . . . $500 |
||
| Additional Charges (for each application): | ||
| SEPA Threshold Determination . . . . . . . . . . . . $700 | ||
| (DNS, under Regulation I, Section 2.04) | ||
| SEPA Threshold Determination . . . . . . . . . . . . $1,500 | ||
| (MDNS, under Regulation I, Section 2.07) | ||
| Public Notice . . . . . . . . . . . . $500 | ||
| (under WAC 173-400-171) | (+ publication costs) | |
| Public Hearing . . . . . . . . . . . . $500 | ||
| (under WAC 173-400-171) | (+ publication costs, if separate public notice) | |
| NSPS or NESHAP . . . . . . . . . . . . $1,000 | ||
| (per subpart of 40 CFR Parts 60, 61, and 63) | ||
| Refined Dispersion Modeling Analysis . . . . . . . . . . . . $700 | ||
| (under Regulation III, Section 2.07 (c)(( |
||
| Major Source, Major Modification, or Emission Increases Greater than Prevention of Significant Deterioration (PSD) Thresholds . . . . . . . . . . . . $5,000 | ||
| (( |
(+ Ecology fees) | |
| An Agency request for an Inapplicability Determination for PSD Program Requiring Written Applicability Determination from Ecology . . . . . . . . . . . . $5,000 | ||
| (+ Ecology fees) | ||
| Construction or Reconstruction of a Major Source of Hazardous Air Pollutants (see 40 CFR 63.2) . . . . . . . . . . . . $2,500 | ||
| Tier II Air Toxics Review . . . . . . . . . . . . $5,000 | ||
| (under WAC 173-460-090) | (+ Ecology fees) | |
| Opacity/Grain Loading Correlation . . . . . . . . . . . . $5,000 | ||
(c) The Control Officer is authorized to enter into a written cost-reimbursement agreement with an applicant as provided in RCW 70.94.085.
(d) Additional Fee for Service - Second Incomplete Application
Upon receipt of a second incomplete Notice of Construction application from the same applicant for the same project, the Control Officer may cease review of the application and provide written notification of that determination. The Control Officer may resume review of the application if, within 30 days of the date of the notification describing the Agency's receipt of the second incomplete Notice of Construction application, the applicant has deposited $1,000 with the Agency, and executed a fee-for-service agreement with the Agency that allows the Agency to recover the reasonable direct and indirect costs that arise from processing the Notice of Construction application, including the requirements of other relevant laws such as the Washington State Environmental Policy Act (SEPA).
The agreement shall require that the applicant assume full responsibility for paying the Agency for the costs incurred under the fee-for-service agreement. The Agency shall credit the $1,000 deposit made by the applicant towards the costs required by a fee-for-service agreement. The fee-for-service agreement may require the applicant to make progress payments during the application review period. The $1,000 deposit referred to in this section and the costs provided for in a fee-for-service agreement are in addition to the fees required in Section 6.04(a).
If the applicant has not made a $1,000 deposit and executed such a fee-for-service agreement within 30 days of the date of the notification from the Agency describing its receipt of a second incomplete application, the Agency may issue an Intent to Disapprove an Application.
The $1,000 deposit required under this section is not refundable. In addition, any payments made to the Agency under a fee-for-service agreement are not refundable.
(e) Additional Fee - Revised Application
The Control Officer may assess an additional fee for processing a Notice of Construction application when a subsequent significantly revised application is submitted after the original application was determined to be complete and prior to the Agency issuing an Order of Approval or Intent to Disapprove an Application regarding the original application. The revision fee shall be the amount of the fee that was charged for the original Notice of Construction application, including the filing fee. The resulting total fee is the fee for the original Notice of Construction application plus the revision fee.