WSR 16-15-085

PROPOSED RULES

[Filed July 19, 2016, 3:15 p.m.]

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) regulations: Rule 1.11 Federal Regulation Reference Date; Rule 6.1 Notice of Construction Required; Rule 6.1.1 Notice of Intent to Operate; Rule 8.14 Adoption of Federal New Source Performance Standards (NSPS); Rule 8.15 Adoption of National Emissions Standards for Hazardous Air Pollutants (NESHAP); Rule 8.16 Wood Fired Boilers; Rule 8.17 Adoption of National Emissions Standards for Hazardous Air Pollutants for Source Categories; and, Rule 8.18 Adoption of Federal Consolidated Requirements for the Synthetic Organic Chemical Manufacturing Industry.

Hearing Location(s): ORCAA, 2940 Limited Lane N.W., Olympia, WA 98502, on September 14, 2016, at 10:00 a.m.

Date of Intended Adoption: September 14, 2016.

Submit Written Comments to: Mark Goodin, 2940 Limited Lane N.W., Olympia, WA 98502, e-mail mark.goodin@orcaa.org, fax (360) 491-6308, by September 9, 2016.

Assistance for Persons with Disabilities: Contact Dan Nelson by September 2, 2016, (360) 539-7610.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA is proposing to adopt by reference the majority of federal air regulations from 40 C.F.R. Parts 60, 61 and 63, and Section 2.18 of 40 C.F.R. Part 65. This will provide ORCAA authority to enforce these federal air regulations through its own local regulations. Currently, ORCAA's authority to enforce these regulations is provided through WAC 173-400-115 and 173-400-075 respectively for the new source performance standards under 40 C.F.R. Part 60 and NESHAP under 40 C.F.R. Parts 61, 63 and 65. The regulations excluded from the list of proposed regulations to be adopted are those enforced exclusively by other agencies like the Washington departments of ecology and health, emissions guidelines for states or regulations that have no potential impacts on air quality in ORCAA's jurisdiction.

Reasons Supporting Proposal: Adopting by reference the federal air regulations from 40 C.F.R. Parts 60, 61 and 63 into ORCAA's local regulations will provide ORCAA more control over the federal air regulations it enforces. It will allow ORCAA to adopt and enforce its own unique list of federal air regulations instead of relying on the list of regulations adopted by ecology. It will also allow ORCAA to be in control of updating the effective date of the federal regulation adoptions, which is necessary to maintain current versions of the federal regulations adopted. In addition, adoption by reference is a prerequisite before primary enforcement authority over a federal air regulation can be delegated to a state or local agency by the Environmental Protection Agency (EPA). ORCAA intends to be the primary enforcement authority over the federal air regulations adopted by reference and will seek delegation of these regulations from EPA. As the primary enforcement authority ORCAA would be in charge of key enforcement decisions and compliance reports would be required to be sent directly to ORCAA instead of both EPA and ORCAA.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

Name of Proponent: ORCAA, governmental.

Name of Agency Personnel Responsible for Drafting: Mark Goodin, 2940 Limited Lane N.W., Olympia, (360) 539-7610; Implementation and Enforcement: Francea L. McNair, 2940 Limited Lane N.W., Olympia, (360) 539-7610.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act, and the agency is not a school district.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

July 19, 2016

Francea L. McNair

Executive Director

Whenever federal regulations are referenced in ORCAA's rules, the effective date shall be July 1, 2016.

(a) Approval of a Notice of Construction (NOC) Application required. It shall be unlawful for any person to cause or allow the following actions unless a "Notice of Construction (NOC)" application has been filed with and approved by the Agency, except for those actions involving stationary sources excluded under Rule 6.1(((c)))(b) and (((d)))(c):

(1) Construction, installation, or establishment of any stationary source; or

(2) Modification to any existing stationary source.

(((b) Projects not eligible for exemptions. Any exemption provided in Rule 6.1 (c) or (d) shall not apply to:

(5) Any modification to a stationary source that requires an increase either in a plant-wide cap or in unit specific emissions limit.))

(b) (((c))) Exemption provided Notice of Intent to Operate. An NOC application and prior approval by the Agency is not required prior to construction, installation, establishment or modification of the following types of stationary sources, provided that a complete "Notice of Intent to Operate" has been filed with the Agency in accordance with Rule 6.1.1:

(1) Temporary Portable Stationary Sources. Temporary portable stationary sources that have been previously approved by Ecology or a local air pollution control authority in the State of Washington through an NOC application.

(2) Stationary Sources based on Potential to Emit. Any stationary source that:

(i) Will not result in emission of any toxic air pollutants listed in WAC 173-460-150 (Class A Toxic Air Pollutants); and,

(ii) Will have a combined potential to emit from all emission units less than:

(A) 0.5 tons per year of any criteria pollutant; and,

(B) 1.0 tons per year of total criteria pollutants and VOC combined; and,

(C) 0.005 tons per year of lead; and,

(D) 100 pounds per year of any toxic air pollutant listed in WAC 173-460-160 (Class B Toxic Air Pollutants); and,

(E) 1.0 tons per year of ozone depleting substances combined.

(c) (((d))) Categorical Exemptions. An NOC application and prior approval by the Agency is not required prior to construction, installation, establishment or modification of stationary sources in the following stationary source categories, provided that sufficient records are kept to document the exemption:

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 housekeeping, routine plant painting, welding, cutting, brazing, soldering, plumbing, retarring roofs, etc.);

(6) Plumbing installation and plumbing protective coating application associated with plant maintenance activities;

(7) Roofing application;

(8) Insulation application and maintenance, excluding products for resale;

(9) Janitorial services and consumer use of janitorial products;

(10) Asphalt laying equipment including asphalt-roofing operations (not including manufacturing or storage);

(11) Blast cleaning equipment that uses a suspension of abrasive in liquid water;

(12) Spray painting or blasting equipment used at temporary locations to clean or paint bridges, water towers, buildings, or similar structures.

Storage Tanks:

(13) Lubricating oil storage tanks except those facilities that are wholesale or retail distributors of lubricating oils;

(14) Polymer tanks and storage devices and associated pumping and handling equipment, used for solids dewatering and flocculation;

(15) Storage tanks, reservoirs, pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions;

(16) Process and white water storage tanks;

(17) Storage tanks and storage vessels, with lids or other appropriate closure and less than 260-gallon capacity (35 cft);

(18) Storage tanks of a capacity of 10,000 gallons or less, with lids or other appropriate closure, and for the storage of materials containing organic compounds, but not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC);

(19) Storage tanks of a capacity of 40,000 gallons or less, with lids or other appropriate closure, used for the storage of organic compounds, but not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC), with a true vapor pressure less than 0.01 kPa (0.002 psia) (0.0001 atm);

(20) Storage tanks of a capacity of 40,000 gallons or less used for the storage of butane, propane, or liquefied petroleum gas;

(21) Tanks, vessels and pumping equipment, with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases and acids.

(22) Storage tanks used exclusively for storage of diesel fuel;

(23) Loading and unloading equipment used exclusively for the storage tanks exempted under this rule.

Combustion:

(24) Fuel burning equipment (not including incinerators) that:

(i) is used solely for a private dwelling serving five families or less; or

(ii) has a maximum heat input rate of 5 MMBtu/hr or less if burning natural gas, propane, or LPG; or

(iii) has a maximum heat input rate of 0.5 MMBtu/hr or less if burning waste-derived fuels; or

(iv) has a maximum heat input rate of 1 MMBtu/hr or less if burning recycled or used oil per the requirements of RCW 70.94.610; or

(v) has a maximum heat input rate of 1 MMBtu/hr or less if burning any other type of fuel and with less than or equal to 0.05% sulfur by weight.

(25) All stationary gas turbines with a rated heat input <10 million Btu per hour.

(26) Stationary internal combustion engines having rated capacity:

(i) <50 horsepower output; or

(ii) <500 horsepower and used only for standby emergency power generation.

(27) All nonroad engines subject to 40 CFR Part 89.

Material handling:

(28) Storage and handling of water based lubricants for metal working where organic content of the lubricant is <10%;

(29) Equipment used exclusively to pump, load, unload, or store high boiling point organic material in tanks less than one million gallons, material with initial atmospheric boiling point not less than 150EC or vapor pressure not more than 5 mm Hg @ 21EC, with lids or other appropriate closure.

Water treatment:

(30) Septic sewer systems, not including active wastewater treatment facilities;

(31) NPDES permitted ponds and lagoons used solely for the purpose of settling and suspended solids and skimming of oil and grease;

(32) De-aeration (oxygen scavenging) of water where toxic air pollutants as defined in chapter 173-460 WAC are not emitted;

(33) Process water filtration system and demineralizer vents;

(34) Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems;

(35) Demineralizer tanks;

(36) Alum tanks;

(37) Clean water condensate tanks;

(38) Oil/water separators, except those at petroleum refineries;

(39) Equipment used exclusively to generate ozone and associated ozone destruction equipment for the treatment of cooling tower water or for water treatment processes.

(40) Municipal sewer systems, including wastewater treatment plants and lagoons with a design capacity of one million gallons per day or less, provided that they do not use anaerobic digesters, chlorine disinfections or sewage sludge incinerators.

Environmental chambers and laboratory equipment:

(41) Environmental chambers and humidity chambers not using toxic air pollutant gases, as regulated under chapter 173-460 WAC;

(42) Gas cabinets using only gases that are not toxic air pollutants regulated under chapter 173-460 WAC;

(43) Installation or modification of a single laboratory fume hood;

(44) Laboratory calibration and maintenance equipment.

Monitoring/quality assurance/testing:

(45) Equipment and instrumentation used for quality control/assurance or inspection purposes;

(46) Hydraulic and hydrostatic testing equipment;

(47) Sample gathering, preparation and management;

(48) Vents from continuous emission monitors and other analyzers.

Miscellaneous:

(49) Single-family residences and duplexes;

(50) Plastic pipe welding;

(51) Primary agricultural production activities including soil preparation, planting, fertilizing, weed and pest control, and harvesting;

(52) Insecticide, pesticide, or fertilizer spray equipment;

(53) Comfort air conditioning;

(54) Flares used to indicate danger to the public;

(55) Natural and forced air vents and stacks for bathroom/toilet activities;

(56) Personal care activities including establishments like beauty salons, beauty schools, and hair cutting establishments;

(57) Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;

(58) Tobacco smoking rooms and areas;

(59) Noncommercial smokehouses;

(60) Blacksmith forges for single forges;

(61) Vehicle maintenance activities, not including vehicle surface coating;

(62) Vehicle or equipment washing;

(63) Wax application;

(64) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment not including internal and external combustion equipment;

(65) Ozone generators and ozonation equipment;

(66) Ultraviolet curing processes, to the extent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted;

(67) Electrical circuit breakers, transformers, or switching equipment installation or operation;

(68) Pneumatically operated equipment, including tools and hand held applicator equipment for hot melt adhesives;

(69) Firefighting and similar safety equipment and equipment used to train firefighters;

(70) Production of foundry sand molds, unheated and using binders less than 0.25% free phenol by sand weight;

(71) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities and transportation marketing facilities;

(72) Solvent cleaners less than 10 square feet air-vapor interface with solvent vapor pressure not more than 30 mm HG @21EC, and not containing toxic air pollutants (as defined in chapter 173-460 WAC);

(73) Surface coating, aqueous solution or suspension containing <1% (by weight) VOCs, and/or toxic air pollutants as defined in chapter 173-460 WAC;

(74) Cleaning and stripping activities and equipment using solutions having <1% VOCs (by weight); on metallic substances, acid solutions are not exempt;

(75) Dip coating operations, using materials less than 1% VOCs (by weight) and/or toxic air pollutants as defined in chapter 173-460 WAC.

(76) Laundry dryers, extractors or tumblers used exclusively for the removal of water from fabric;

(77) Residential composting facilities;

(78) Restaurants and other retail food preparing establishments;

(79) Routing, turning, carving, cutting and drilling equipment used for metal, wood, plastics, rubber, leather or ceramics;

(80) Steam cleaning equipment used exclusively for that purpose;

(81) Vacuum cleaning systems used exclusively for office or residential housekeeping;

(82) Vacuum producing devices used in laboratory operations and vacuum producing devices that no not remove or convey air contaminants from or to another source;

(83) Vents used exclusively for:

(i) Sanitary or storm drainage systems; or

(ii) Safety valves

(84) Washing or drying equipment used for products fabricated from metal or glass, if no volatile organic material is used in the process.

(85) Welding, brazing or soldering equipment;

(86) Coffee roasters with a design capacity less than 10 pounds per batch;

(87) Bark and soil screening operations;

(88) Portable sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers less than or equal to 150 tons per hour;

(89) Fixed sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers less than or equal to 25 tons per hour.

(a) For those sources required to submit a notice of intent to operate, a complete Notice of Intent to Operate (NOI) application shall be filed at least 15 days prior to starting operation of the source.

(b) NOI applications shall be made on standard forms of the Agency and shall include:

(1) All information requested in the applicable standard forms;

(2) If submitting a NOI for a stationary source qualifying for the exemption based on potential to emit under Rule 6.1 (((c)))(b)(2), documentation verifying the stationary source's potential to emit;

(3) Any additional information requested by the Agency to verify that operation of the stationary source will be in compliance with applicable air pollution control requirements; and,

(4) Applicable fee according to Rule 3.6.

(c) Condition of operation. The Agency may establish enforceable conditions of operation, through issuance of a regulatory Order, as are reasonably necessary to assure compliance with applicable air pollution control requirements.

(d) Temporary portable sources. Temporary portable sources shall also meet the requirements of Rule 6.1.7.

The following section of Olympic Region Clean Air Agency (ORCAA) Regulation, Rule 8.16, is repealed: RULE 8.16 WOOD FIRED BOILERS

(a) The NESHAP for Source Categories in 40 CFR Part 63 and its Appendices in effect on the date referenced in ORCAA Rule 1.11 are adopted by reference except for the subparts and sections listed in subsection (4). A current list of adopted federal standards is provided in Appendix A of ORCAA's Regulation.

(1) The term "Administrator" in 40 CFR Part 63 shall mean the Administrator of EPA and the Executive Director of the Agency.

(2) Where EPA has delegated to the Agency the authority to receive reports under 40 CFR Part 63 the affected facility is required to provide such reports only to the Agency, unless otherwise requested in writing by EPA.

(3) This section does not apply to any source operating under a waiver granted by EPA or an exemption granted by the president of the United States.

(4) Exceptions. The following sections and subparts of 40 CFR Part 63, as they apply to non-Title V sources, are not adopted:

(i) Subpart M - National Perchloroethylene Emission Standards for Dry Cleaning Facilities;

(ii) Subpart LL - National Emission Standard for Hazardous Air Pollutants for Primary Aluminum Reduction Plants;

(iii) Subpart RRR - National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production;

(iv) Subpart ZZZZ - Stationary Reciprocating Internal Combustion Engines;

(v) Subpart - BBBBBB National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities;

(vi) Subpart HHHHHH - Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources; and,

(vii) Subpart XXXXXX - Area Source Standards for Nine Metal Fabrication and Finishing Source Categories.

The Consolidated Requirements for the Synthetic Organic Chemical Manufacturing Industry in Section 2.18 of 40 CFR Part 65 in effect on the date referenced in ORCAA Rule 1.11 are adopted by reference.

40 CFR Part 60 - Standards of Performance for New Stationary Sources adopted by reference effective July 1, 2016.

40 CFR Part 61 – National Emission Standards for Hazardous Air Pollutants adopted by reference effective July 1, 2016.

40 CFR Part 63 – National Emission Standards for Hazardous Air Pollutants for Source Categories adopted by reference effective July 1, 2016