WSR 19-11-066

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[Filed May 15, 2019, 2:44 p.m.]

Original Notice.

Proposal is exempt under RCW 70.94.141.

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency Regulations: Rules 6.1 Notice of Construction Required, 6.1.10 Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source, and 8.12 Gasoline Stations - Applicability.

Hearing Location(s): On July 10, 2019, at 10:00 a.m., at the Olympic Region Clean Air Agency (ORCAA), 2940 Limited Lane N.W., Olympia, WA 98502.

Date of Intended Adoption: July 10, 2019.

Submit Written Comments to: Lauren Whybrew, 2940 Limited Lane N.W., Olympia, WA 98502, email lauren.whybrew@orcaa.org, fax 360-491-6308, by July 8, 2019.

Assistance for Persons with Disabilities: Contact Dan Nelson, phone 360-539-7610 extension 111, fax 360-491-6308, email dan.nelson@orcaa.org, by July 1, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to create a streamlined permitting process for qualifying gasoline dispensing facilities by implementing a notification system in lieu of a notice of construction (NOC). Rule 8.12 was revised to include relevant requirements for proper operation, maintenance, testing, and recordkeeping for gasoline dispensing facilities. Additional changes include, but are not limited to, an exemption from new source review (NSR) for gasoline dispensing facilities with a cumulative gasoline storage capacity of less than ten thousand gallons. Rule 6.1.10 was edited to align with ORCAA Rule 6.1 to further clarify NSR requirements for existing stationary sources proposing to replace or substantially alter control technology. Other revisions include grammatical edits to clarify the language.

Reasons Supporting Proposal: The proposal will lessen industry and staff resources spent on gas station NOC reviews and will clearly outline the requirements for gas station owners, operators, and relevant third-party vendors. The proposed language will also help align ORCAA regulations with applicable state and federal regulations for gas stations.

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: ORCAA, governmental.

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

A school district fiscal impact statement is not required under RCW 28A.305.135.

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.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 70.94.141.

Explanation of exemptions: Chapter 19.85 RCW applies to "rules adopted by state agencies." RCW 70.94.141(1) states: "An air pollution control authority shall not be deemed to be a state agency." The Olympic Region Clean Air Agency is an air pollution control authority.

May 15, 2019

Francea L. McNair

Executive Director

(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 (b) and (c):

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

(2)Modification to any existing stationary source((.)); or,

(b) Exemption provided Notice of Intent to Operate (NOI). 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 listed below, ((provided that)) if a complete (("))Notice of Intent to Operate((" has been)) -is filed with the Agency. ((in accordance with)) Procedures for submitting an NOI are contained in 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 uncontrolled 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)) The de minimis emission rate specified for each ((t))Toxic ((a))Air ((p))Pollutant listed in WAC 173-460-((160))150 (((Class B Toxic Air Pollutants))); and,

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

(c)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)) if sufficient records are kept ((to)) documenting 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))) -(20) 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))) (21) 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))) (22) Storage tanks of a capacity of 40,000 gallons or less used for the storage of butane, propane, or liquefied petroleum gas;

(((21))) (23) 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))) (24) Storage tanks used exclusively for storage of diesel fuel;

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

Combustion:

(((24))) (26) 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))) (27) All stationary gas turbines with a rated heat input <10 million Btu per hour.

(((26))) (28) Stationary internal combustion engines having rated capacity:

(i)<50 horsepower output; or

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

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

Material handling:

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

(((29))) (31) 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 150((E))°C or vapor pressure not more than 5 mm Hg @ 21((E))°C, with lids or other appropriate closure.

Water treatment:

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

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

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

(((33))) (35) Process water filtration system and demineralizer vents;

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

(((35))) (37) Demineralizer tanks;

(((36))) (38) Alum tanks;

(((37))) (39) Clean water condensate tanks;

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

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

(((40))) (42) 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))) (43) Environmental chambers and humidity chambers not using toxic air pollutant gases, as regulated under chapter 173-460 WAC;

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

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

(((44))) (46) Laboratory calibration and maintenance equipment.

Monitoring/quality assurance/testing:

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

(((46))) (48) Hydraulic and hydrostatic testing equipment;

(((47))) (49) Sample gathering, preparation and management;

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

Miscellaneous:

(((49))) (51) Single-family residences and duplexes;

(((50))) (52) Plastic pipe welding;

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

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

(((53))) (55) Comfort air conditioning;

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

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

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

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

(((58))) (60) Tobacco smoking rooms and areas;

(((59))) (61) Noncommercial smokehouses;

(((60))) (62) Blacksmith forges for single forges;

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

(((62))) (64) Vehicle or equipment washing;

(((63))) (65) Wax application;

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

(((65))) (67) Ozone generators and ozonation equipment;

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

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

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

(((69))) (71) Fire fighting and similar safety equipment and equipment used to train fire fighters;

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

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

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

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

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

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

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

(((77))) (79) Residential composting facilities;

(((78))) (80) Restaurants and other retail food preparing establishments;

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

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

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

(((82))) (84) 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))) (85) Vents used exclusively for:

(i) Sanitary or storm drainage systems; or

(ii) Safety valves

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

(((85))) (87) Welding, brazing or soldering equipment;

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

(((87))) (89) Bark and soil screening operations;

(((88))) (90) 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))) (91) 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)Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source shall file a Notice of Construction (NOC) application with the Agency. Replacement or substantial alteration of control technology does not include routine maintenance, repair or similar parts replacement.

(b)For projects not otherwise reviewable under Rule 6.1 (a)(1) or Rule 6.1 (a)(2), the Agency may:

(1)Require that the owner or operator employ RACT on the affected stationary source;

(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 ((or)) of receipt of a Notice of Construction application under this rule the Agency 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 NOC application under this rule the Agency shall either issue an order of approval or a proposed RACT determination for the proposed project.

(d)Construction shall not (("))commence((")) on a project subject to review under this rule until the Agency issues a final order of approval. However, any NOC application filed under this rule shall be deemed to be approved without conditions if the Agency takes no action within ((thirty)) 30 days of receipt of a complete NOC application.

(e)Approval to replace or substantially alter emission control technology shall become invalid if construction is not commenced within ((eighteen)) 18 months after receipt of such approval, if construction is discontinued for a period of ((eighteen)) 18 months or more, or if construction is not completed within a reasonable time. The Agency may extend the ((eighteen)) 18-month period upon 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)) 18 months of the projected and approved commencement date.

This regulation ((shall apply)) applies to all gasoline dispensing facilities ((that distribute gasoline, including automotive, aviation, and marine uses)).

Unless a different meaning is clearly required by context, the following words and phrases, as used in this Rule, shall have the following meanings:

(("Bottom Loading" means the filling of a tank through a line entering the bottom of the tank.

"Bulk Gasoline Plant" means a gasoline storage and transfer facility that receives more than ninety percent of its annual gasoline throughput by transport tank and reloads gasoline into transport tanks.))

"Gasoline" means a petroleum distillate, which is a liquid at standard conditions and has a true vapor pressure greater than four pounds per square inch absolute at ((twenty degrees Celsius,)) 20°C and is used as a fuel for internal combustion engines. A((lso a))ny liquid sold as a vehicle fuel with a true vapor pressure greater than four pounds per square inch absolute at ((twenty degrees Celsius)) 20°C ((shall be)) is considered 'gasoline' for purpose of this regulation.

"Gasoline Dispensing Facility" means any site dispensing gasoline ((into motor vehicle fuel tanks)) from stationary storage tanks including facilities dispensing gasoline for automotive, aviation, and marine uses.

(("Gasoline Loading Terminal" means a gasoline transfer facility that receives more than ten percent of its annual gasoline throughput solely or in combination by pipeline, ship or barge, and loads gasoline into transport tanks.

"New Gasoline Dispensing Facility" means the construction of a gasoline dispensing facility on a site that has not had an active gasoline dispensing facility within the past five years.))

"Stage I" means gasoline vapor recovery during all gasoline marketing transfer operations except motor vehicle refueling.

"Stage II" means gasoline vapor recovery during motor vehicle refueling operations from stationary tanks.

"Submerged Fill Line" means any discharge pipe or nozzle designed to be within six (6) inches of the bottom of the tank and submerged at all times. ((which meet either of the following conditions:

(b) Where the tank is filled from the side, the discharge pipe or nozzle must be totally submerged when the liquid level is six inches from the bottom of the tank.))

"Throughput" means the amount of ((material)) gasoline passing through a facility.

"Transport Tank" means a container used for shipping gasoline over roadways.

(("True Vapor Pressure" means the equilibrium partial pressure of petroleum liquid as determined by methods described in American Petroleum Institute Bulleting 2517, 1980.

"Vapor Balance System" means a system consisting of the transport tank, gasoline vapor transfer lines, storage tank, and all tank vents designed to route displaced gasoline vapors from a tank being filled with liquid gasoline.))

"Vapor ((Control))Recovery System" means equipment that ((a system designed and operated to)) reduces ((or limit)) the emissions of ((gasoline vapors)) volatile organic compounds ((in)) to the ambient air((, which is designed according to WAC 173-491)).

(a) All gasoline ((storage tanks with a capacity greater than 2,000 gallons shall be equipped with submerged fill lines when upgraded, but no later than December 31, 1998.)) dispensing facilities with gasoline storage tanks, regardless of size shall:

((Stage I vapor recovery is required for all gasoline dispensing facilities as follows:))

(a) CARB Certified ((The facilities that have an annual throughput greater than 360,000 gallons of gasoline shall have)) Stage I Enhanced ((v))Vapor ((r))Recovery (EVR) ((by December 31, 1993 or when upgraded, whichever is sooner.)), or equivalent equipment as approved by the Agency, is required for any new or upgraded gasoline storage tank with a storage capacity of 2,000 gallons or more and located at a gasoline dispensing facility with a cumulative gasoline storage capacity of 10,000 gallons or more. Upgrading means replacing a gasoline storage tank, or substantially altering any component of the Stage I vapor recovery system. Prior to commencing construction, modifications, or upgrades, gasoline dispensing facilities must comply with the applicable requirements in Rule 6.1.

(b) ((The facilities that have an annual throughput greater than 100,000, but less than or equal to 360,000 gallons of gasoline shall have Stage I vapor recovery by December 31, 1998 or when upgraded, whichever is sooner.)) Nothing in Rule 8.12 precludes the Agency from requiring installation of a Stage II vapor recovery system in conjunction with approval of a Notice of Constructing application if Stage II vapor recovery is necessary to assure compliance with applicable air regulations and standards.((

(d) Terminals and bulk plants with an annual throughput greater than 7,200,000 gallons per year shall be equipped with a vapor control system prior to December 31, 1993.))

(a) ((Stage II vapor recovery is required at a gasoline dispensing facility supplying fuel to the general public under the following circumstances:)) The owner or operator of a gasoline dispensing facility with a cumulative storage capacity of 10,000 gallons or more and equipped with Stage I EVR must conduct the following performance tests:

(1) ((Any facility that dispenses in excess of one million two hundred thousand gallons (1,200,000) of gasoline per year and is located in Thurston County. This requirement will end on December 31, 2002, unless the Department of Ecology determines that Stage II is important to achieving or maintaining the National Ambient Air Quality Standard for Ozone in a nonattainment or maintenance plan county.)) Initial performance testing shall be completed, for all performance tests listed in Table 1, after initial installation and prior to the facility dispensing fuel commercially; and,

((Nothing in Rule 8.12.4 shall preclude the Agency from requiring Stage II vapor recovery if it is determined to be BACT for control of air toxics or for the protection of human health and safety.))

(a) The following records shall be maintained on site for no less than five years from origination, and copies made available to the Agency upon request:

(1) Records of all maintenance and repair activities;

(2) Records of all self-inspections conducted per Rule 8.12.5;

(3) Records of all performance tests required by Rule 8.12.4; and,

(4) Monthly gasoline throughput records.

(b) The following records shall be maintained on site for the life of the gasoline dispensing facility or the associated equipment, whichever is earlier:

(1) Any determinations issued by the Agency per Rule 6.1;

(2) Any GDF Notice of Intent to Operate submitted to the Agency per Rule 6.1 (b)(3).