WSR 13-16-083
PROPOSED RULES
DEPARTMENT OF ECOLOGY
[Order 12-05—Filed August 6, 2013, 10:14 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-06-020.
Title of Rule and Other Identifying Information: Creating chapter 173-476 WAC, Ambient air quality standards and repealing chapter 173-470 WAC, Ambient air quality standards for particulate matter, chapter 173-474 WAC, Ambient air quality standards for sulfur oxides, and chapter 173-475 WAC, Ambient air quality standards for carbone [carbon] monoxide, ozone, and nitrogen dioxide.
Hearing Location(s): Department of Ecology, Headquarters, 300 Desmond Drive S.E., Lacey, WA 98503, on September 10, 2013, at 10:30 a.m. Presentation, question and answer session followed by the formal public hearing on the rule proposal. The SIP hearing will follow.
Date of Intended Adoption: October 15, 2013.
Submit Written Comments to: Margo Thompson, P.O. Box 47600, Olympia, WA 98504-7600, e-mail AQComments@ECY.WA.GOV, fax (360) 407-7534, by September 19, 2013.
Assistance for Persons with Disabilities: Contact Margo Thompson at (360) 407-6827, by September 3, 2013. If you have hearing loss, call TTY 771 or for Washington relay service if you have speech disability call (877) 833-6341.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ecology proposes to adopt the current national ambient air quality standards for the following air pollutants into a new chapter:
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Particulate matter (PM-10).
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Particulate matter (PM-2.5).
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Lead (Pb).
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Sulfur oxides (except the annual and twenty-four hour standards).
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Nitrogen oxides.
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Ozone.
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Carbon monoxide.
We propose to retain the existing ecology sulfur oxides standards for the annual and twenty-four hour averaging periods.
We also propose to repeal the following outdated chapters because the standards included in the new rule include more updated versions of these standards. Ecology will make minor housekeeping revisions to the content of these repealed rules when including the content in chapter 173-476 WAC.
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Chapter 173-470 WAC, Ambient air quality standards (formerly chapter 18-40 WAC).
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Chapter 173-474 WAC, Ambient air quality standards for sulfur oxides (formerly chapter 18-56 WAC).
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Chapter 173-475 WAC, Ambient air quality standards for carbon monoxide, ozone, and nitrogen dioxide.
Reasons Supporting Proposal: The ambient air quality standards adopted in Washington state rules are outdated. Updated standards are required by the federal and state clean air acts (CAA). They protect sensitive populations including children, elderly, and people with heart and lung disease.
In order to meet requirements of the federal CAA, states must have state implementation plans (SIP). These plans describe how the state implements, maintains, and enforces national ambient air quality standards (NAAQS). The federal CAA requires Washington to revise the SIPs under certain circumstances, such as when EPA issues revised national ambient air quality standards. SIP revisions include submitting updated rules to show we can implement, maintain, and enforce the NAAQS. The changes proposed in this rule making are necessary now because:
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EPA is requiring that ecology update the NAAQS in rule before they will approve SIPs for particulate matter, sulfur oxides, carbon monoxide, ozone, nitrogen oxides, and lead.
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Ambient air quality standards must be updated in our rules to gain EPA approval of these plans. Ecology must submit SIPs for the different criteria pollutants in the NAAQS by the appropriate federal deadlines for each one. If we do not submit approvable SIPs in time, EPA will issue federal implementation plans (FIPs). Ecology, local governments, and the business community prefer ecology maintain regulatory control rather than having EPA impose regulations through a federal plan.
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Under the federal CAA, EPA cannot approve the Tacoma-Pierce County maintenance plan or redesignate the area from nonattainment to attainment until ecology meets PM-2.5 SIP requirements. We must change our rules to meet the requirements. Ecology needs to submit the maintenance plan and redesignation request in 2014. EPA's denial would result in additional stricter requirements being imposed on the area and current economic constraints would continue longer than necessary.
Statutory Authority for Adoption: Chapter 70.94 RCW provides sufficient authority to adopt rule changes.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is necessary because of federal law, [no further information supplied by agency].
Name of Proponent: Washington state department of ecology, governmental.
Name of Agency Personnel Responsible for Drafting: Margo Thompson, Department of Ecology, Lacey, Washington, (360) 407-6827; Implementation: Alan Newman, Department of Ecology, Lacey, Washington, (360) 407-6810; and Enforcement: Stu Clark, Department of Ecology, Lacey, Washington, (360) 407-6880.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule making is exempt from requirements under chapter 19.85 RCW to develop a small business economic impact statement because the action does not impose additional costs on businesses in an industry. The proposed amendments do not impose additional costs of any kind. The proposed amendments are either "housekeeping" amendments or are mandated by federal or existing state statute.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Margo Thompson, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6827, fax (360) 407-7534, e-mail margo.thompson@ecy.wa.gov.
August 5, 2013
Polly Zehm
Deputy Director
Chapter  173 - 476  WAC
AMBIENT AIR QUALITY STANDARDS
NEW SECTION
WAC 173-476-010 Purpose.
This chapter establishes maximum acceptable levels in the ambient air for particulate matter, lead, sulfur dioxide, nitrogen oxides, ozone, and carbon monoxide.
NEW SECTION
WAC 173-476-020 Applicability.
(1) The provisions of this chapter apply to all areas of the state of Washington.
(2) All federal regulations referenced in this regulation are adopted as they exist on August 3, 2013.
NEW SECTION
WAC 173-476-030 Definitions.
(1) Unless a different meaning is clearly required by context, words and phrases in this chapter have meanings consistent with general terms defined in chapter 173-400 WAC.
(2) Definitions specific to this chapter:
(a) "Period" means any interval of the specified time.
(b) "ppmv" means parts per million by volume.
(c) "ppb" means parts per billion by volume, which is 1 part in 1,000,000,000 parts by volume.
(d) "Federal Reference Method" or "FRM" means an EPA designated ambient air quality sampling and analysis method specified in an appendix to 40 C.F.R. Part 50, or a method that has been designated as a reference method according to 40 C.F.R. Part 53. It does not include a method for which a reference method designation has been canceled according to 40 C.F.R. 53.11 or 53.16.
(e) "Federal Equivalent Method" or "FEM" means an EPA designated ambient air quality sampling and analysis method that has been designated as an equivalent method according to 40 C.F.R. Part 53. It does not include a method for which an equivalent method designation has been canceled according to 40 C.F.R. 53.11 or 53.16.
NEW SECTION
WAC 173-476-100 Ambient air quality standard for particulate matter, PM-10.
(1) Standard for PM-10. The twenty-four-hour average concentration of PM-10 in the ambient air must not exceed 150 micrograms per cubic meter (µg/m3) more than one time per year, on a three-year average.
(2) Measurement method. The levels of PM-10 in the ambient air must be measured by:
(a) A FRM based on 40 C.F.R. Part 50, Appendix J and designated according to 40 C.F.R. Part 53; or
(b) A FEM designated according to 40 C.F.R. Part 53.
(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix K must be used.
NEW SECTION
WAC 173-476-110 Ambient air quality standards for particulate matter, PM-2.5.
(1) Standards for PM-2.5.
(a) The three-year average of the annual arithmetic mean concentration of PM-2.5 must not exceed 12.0 micrograms per cubic meter (μg/m3).
(b) The three-year average of the ninety-eighth percentile twenty-four-hour average concentration of PM-2.5 must not exceed 35 μg/m3.
(2) Measurement method. The levels of PM-2.5 in the ambient air must be measured by:
(a) A FRM based on 40 C.F.R. Part 50, Appendix L and designated according to 40 C.F.R. Part 53; or
(b) A FEM designated according to 40 C.F.R. Part 53.
(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix N must be used.
NEW SECTION
WAC 173-476-120 Ambient air quality standard for lead (Pb).
(1) Standard for lead. The three-month rolling average concentration of lead (Pb) and its compounds in the ambient air must not exceed 0.15 micrograms per cubic meter (μg/m3).
(2) Measurement method. The levels of Pb in the ambient air must be measured by:
(a) A FRM based on 40 C.F.R. Part 50, Appendix G and designated according to 40 C.F.R. Part 53; or
(b) A FEM designated according to 40 C.F.R. Part 53.
(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix R must be used.
NEW SECTION
WAC 173-476-130 Ambient air quality standards for sulfur oxides (sulfur dioxide).
(1) Standard for sulfur oxides (measured as sulfur dioxide).
(a) Annual. The annual average concentration for sulfur oxides in the ambient air must not exceed 0.02 ppmv in a calendar year.
(b) Twenty-four-hour. The twenty-four-hour average concentration for sulfur oxides in the ambient air must not exceed 0.1 ppmv more than once per calendar year. The twenty-four-hour averages must be determined from successive nonoverlapping twenty-four-hour blocks starting at midnight each calendar day.
(c) Three-hour. The three-hour average concentration for sulfur oxides in the ambient air must not exceed 0.5 ppmv more than once per calendar year. The three-hour averages must be determined from successive nonoverlapping three-hour blocks starting at midnight each calendar day.
(d) One-hour. The three-year average of the annual ninety-ninth percentile of the daily maximum one-hour average concentrations for sulfur oxides in the ambient air must not exceed 75 ppb.
(2) Measurement method. The levels of sulfur oxides must be measured as sulfur dioxide by:
(a) A FRM based on 40 C.F.R. Part 50, Appendix A or A-1; or
(b) A FEM designated according to 40 C.F.R. Part 53.
(3) Interpretation methods.
(a) The annual arithmetic mean is based on the average of hourly data. To be used in calculating the annual average, the hourly data must be at least seventy-five percent complete in each calendar quarter of the year.
(b) The interpretation method for the twenty-four-hour average found in 40 C.F.R. Part 50.4(d) must be followed.
(c) The interpretation method for the three-hour average found in 40 C.F.R. Part 50.5(c) must be followed.
(d) The interpretation method for the one-hour average found in 40 C.F.R. Part 50, Appendix T must be followed.
(4) Rounding of values.
(a) The annual arithmetic mean must be rounded to three decimal places (fractional parts equal to or greater than 0.005 ppmv must be rounded up).
(b) The twenty-four-hour averages must be rounded to two decimal places (fractional parts equal to or greater than 0.05 ppmv must be rounded up).
(c) The three-hour standard averages must be rounded to one decimal place (fractional parts equal to or greater than 0.05 ppmv must be rounded up).
(5) Sunset provision. The ambient standards in WAC 173-476-130 (1)(a) and (b) are no longer applicable in a specific area one year after the effective date of the EPA's designation of attainment status of that area for the standard in WAC 173-476-130 (1)(d) and 40 C.F.R. 50.17.
NEW SECTION
WAC 173-476-140 Ambient air quality standards for nitrogen oxides (nitrogen dioxide).
(1) Standards for nitrogen oxides (measured as nitrogen dioxide).
(a) The annual average concentration for nitrogen oxides in ambient air must not exceed 53 ppb (100 µg/m3) measured in the ambient air as nitrogen dioxide.
(b) The three-year average of the ninety-eighth percentile of the daily maximum one-hour average concentration of nitrogen oxides must not exceed 100 ppb, as measured in the ambient air as nitrogen dioxide.
(2) Measurement method. The levels of nitrogen oxides must be measured as nitrogen dioxide by:
(a) A FRM based on 40 C.F.R. Part 50, Appendix F; or
(b) A FEM designated according to 40 C.F.R. Part 53.
(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix S must be followed.
NEW SECTION
WAC 173-476-150 Ambient air quality standard for ozone.
(1) Standard for ozone. The three-year average of the annual fourth highest daily maximum eight-hour average concentration of ozone in the ambient air must not exceed 0.075 ppmv.
(2) Measurement method. The levels of ozone in the ambient air must be measured by:
(a) A FRM based on 40 C.F.R. Part 50, Appendix D and designated according to 40 C.F.R. Part 53; or
(b) A FEM designated according to 40 C.F.R. Part 53.
(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix P must be followed.
NEW SECTION
WAC 173-476-160 Ambient air quality standards for carbon monoxide.
(1) Standards for carbon monoxide.
(a) The eight-hour average concentration of carbon monoxide in the ambient air must not exceed 9 ppmv (10 milligrams per cubic meter) more than once per year.
(b) The one-hour average concentration of carbon monoxide in the ambient air must not exceed 35 ppmv (40 milligrams per cubic meter) more than once per year.
(2) Measurement method. The levels of carbon monoxide in the ambient air must be measured by:
(a) A FRM based on 40 C.F.R. Part 50, Appendix C and designated according to 40 C.F.R. Part 53; or
(b) A FEM designated according to 40 C.F.R. Part 53.
(3) Interpretation method. An eight-hour average must be considered valid if at least seventy-five percent of the hourly averages for the eight-hour period are available. In the event that only six (or seven) hourly averages are available, the eight-hour average must be computed on the basis of the hours available using six (or seven) as the divisor.
(4) Rounding of values. When summarizing data for comparison with the standards, averages must be stated to one decimal place. Comparison of the data with the levels of the standards in ppmv must be made in terms of integers with fractional parts of 0.5 or greater rounding up.
NEW SECTION
WAC 173-476-170 Monitor siting criteria.
Ambient monitors must be sited as required in 40 C.F.R. Part 58.
NEW SECTION
WAC 173-476-180 Reference conditions.
(1) All measurements of air quality that are expressed as mass per unit volume (e.g., micrograms per cubic meter) must be corrected to:
(a) A reference temperature of 25°C; and
(b) A reference pressure of 760 millimeters of mercury (1,013.2 millibars (hectopascals)).
(2) Exception for measurements of particulate matter (PM-2.5) and Pb. Measurements of PM-2.5 and Pb must be reported based on the actual ambient air volume measured at the actual ambient temperature and pressure at the monitoring site during the measurement period.
NEW SECTION
WAC 173-476-900 Appendix A—Table of standards.
Disclaimer: This table is provided as an overview. See complete rule for more detail.
Pollutant
Averaging Time
Level
Remarks
Measurement
Method
Interpretation
Method
Particle
Pollution
PM-10
24-hour
150 μg/m3
Not to be exceeded more than once per year averaged over 3 years
40 C.F.R. Part 50, Appendix J
40 C.F.R. Part 50, Appendix K
 
PM-2.5
Annual
12.0 μg/m3
Annual mean, averaged over 3 years
40 C.F.R. Part 50, Appendix L
40 C.F.R. Part 50, Appendix N
 
 
24-hour
35 μg/m3
98th percentile, averaged over 3 years
Lead
Rolling 3-month average
0.15 µg/m3
Not to be exceeded
40 C.F.R. Part 50, Appendix G
40 C.F.R. Part 50, Appendix R
Sulfur Dioxide
Annual
0.02 ppmv
Not to be exceeded in a calendar year
40 C.F.R. Part 50, Appendix A or A-1
WAC 173-476-130(3)
 
 
24-hour
0.1 ppm
Not to be exceeded more than once per year
 
 
 
3-hour
0.5 ppm
Not to be exceeded more than once per year
 
 
 
 
1-hour
75 ppb
99th percentile of 1-hour daily maximum concentrations, averaged over 3 years
 
 
Nitrogen Dioxide
Annual
53 ppb
Annual Mean
40 C.F.R. Part 50, Appendix F
40 C.F.R. Part 50, Appendix S
 
 
1-hour
100 ppb
98th percentile of 1-hour daily maximum concentrations, averaged over 3 years
Ozone
8-hour
0.075 ppm
Annual fourth-highest daily maximum 8-hr concentration, averaged over 3 years
40 C.F.R. Part 50, Appendix D
40 C.F.R. Part 50, Appendix P
Carbon Monoxide
8-hour
9 ppm
Not to be exceeded more than once per year
40 C.F.R. Part 50, Appendix C
WAC 173-476-160(3)
 
 
1-hour
35 ppm
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 173-470-010
Purpose.
WAC 173-470-020
Applicability.
WAC 173-470-030
Definitions.
WAC 173-470-100
Ambient air quality standards.
WAC 173-470-110
Particle fallout standards.
WAC 173-470-150
Method of measurement.
WAC 173-470-160
Reporting of data.
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 173-474-010
Purpose.
WAC 173-474-015
Objective.
WAC 173-474-020
Applicability.
WAC 173-474-030
Definitions.
WAC 173-474-100
Air quality standards.
WAC 173-474-150
Measurement method.
WAC 173-474-160
Data reporting.
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 173-475-010
Purpose.
WAC 173-475-020
Definitions.
WAC 173-475-030
Air quality standards.
WAC 173-475-040
Measurement methods.
WAC 173-475-050
Reporting of data.