WSR 20-16-057

PERMANENT RULES

SPOKANE REGIONAL

CLEAN AIR AGENCY

[Filed July 28, 2020, 2:20 p.m., effective September 1, 2020]

Effective Date of Rule: September 1, 2020.

Purpose: Spokane regional clean air agency (SRCAA) Regulation I establishes the regulatory framework and control strategies to ensure that healthy air quality exists in Spokane County, Washington, including meeting the federal air quality standards. The amendments update Regulation I to meet requirements in chapter 173-400 WAC and the federal new source review regulations to ensure that SRCAA is consistent with state and federal clean air acts while attaining and maintain [maintaining] good air quality and protecting citizens' health.

The amendments will improve clarity, readability, formatting consistency among Articles; improve consistency with state and federal requirements; simplify compliance for the regulated community by adding adoption by reference sections that specify which state and federal rules are adopted by reference; streamline source test provisions; clarify registration program requirements; clarify new source review requirements; simplify portable source permitting process and update public involvement provisions to allow e-noticing; meeting federal enforceability requirements and the EPA's federal requirements for incorporation into the state implementation plan.

Citation of Rules Affected by this Order: New SRCAA Regulation I, Article I, Section 1.05; Article II, Sections 2.16, 2.17, 2.18, 2.19; and Article IV, Section 4.05; repealing SRCAA Regulation I, Section 6.06; and amending SRCAA Regulation I, Article I, Sections 1.01, 1.02, 1.03, 1.04; Article II, Sections 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15; Article IV, Sections 4.01, 4.02, 4.03, 4.04; Article V, Sections 5.01, 5.02, 5.03, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, 5.10, 5.11, 5.12, 5.13, 5.14, 5.15; Article VI, Sections 6.01, 6.02, 6.03, 6.04, 6.05, 6.07, 6.08, 6.09, 6.11, 6.12, 6.13, 6.14, 6.15, 6.17; and Article X, Sections 10.02, 10.06, 10.07, 10.08, 10.11, 10.13.

Statutory Authority for Adoption: RCW 70.94.141.

Adopted under notice filed as WSR 20-07-094 on March 17, 2020.

Changes Other than Editing from Proposed to Adopted Version: The following typographical changes were made:

The following place saver changes were made:

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 5, Amended 39, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 6, Amended 58, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 6, Amended 58, Repealed 1.

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: July 9, 2020.

Margee Chambers

Rule Writer

SIP Planner

(A) Agency and Jurisdiction. The ((Authority)) Agency, co((-))extensive with the boundaries of Spokane County, having been activated pursuant to the Washington Clean Air Act (WCAA), Chapter 70.94 RCW as amended, shall be known and cited as the "Spokane Regional Clean Air Agency," and hereinafter may be cited as ((the)) "SRCAA", or the "Agency"((, or the "Authority")). The ((Authority)) Agency adopts the following Regulation I to control the emissions of air contaminants from all stationary sources within the jurisdiction of the ((Authority)) Agency; to provide for the uniform administration and enforcement of the ((Authority's)) Agency's Regulation I; and to carry out the requirements and purposes of the ((Washington Clean Air Act (WCAA))) WCAA.

(1) It is hereby declared to be the public policy of the ((Spokane Regional Clean Air)) Agency to secure and maintain such levels of air quality that protect human health and safety, including the health and safety of the most sensitive members of the population, to comply with the requirements of the Federal Clean Air Act (FCAA), to prevent injury to plant and animal life and to property, to foster the comfort and convenience of its inhabitants, to promote the economic and social development of the County, and to facilitate the enjoyment of the natural attractions of the County.

(2) It is further the intent of ((this)) Regulation I to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, historic, and cultural values, and to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions.

(1) Wherever the ((Authority's)) Agency's Regulation I constitutes a restatement of the requirements and purposes of Chapter 70.94 RCW, it is the intent of the ((Authority)) Agency that the Regulation be interpreted in the same manner as the statute adopted by the Legislature. Any language deviation from the statute, except where the statute allows an ((Authority)) Agency to be more stringent, is intended for purposes of clarity. As provided in Chapter 70.94 RCW and WAC 173-400-020(1), the provisions of Chapter 173-400 WAC apply statewide except where a local authority has adopted and implemented corresponding rules that apply only to sources subject to local jurisdiction, as provided in RCW 70.94.141 and RCW 70.94.331. The sections of the WAC adopted by reference are given in SRCAA Regulation I, Article II, Section 2.14.

(A) Name. The name of the County Air Pollution Control Authority, ((co-extensive)) coextensive with the boundaries of Spokane County, shall be known as the (("SPOKANE REGIONAL CLEAN AIR AGENCY")) "Spokane Regional Clean Air Agency" (SRCAA).

(B) Reference. Any reference to the Spokane County Air Pollution Control Authority, SCAPCA, or the Authority in any document previously issued by the ((Authority)) Agency, including without limitation regulations, orders, permits, judgments, letters and the like shall be deemed reference to the Spokane Regional Clean Air Agency or SRCAA.

This ((regulation)) Regulation shall be known and cited as "Regulation I of the Spokane Regional Clean Air Agency."

(A) Unless otherwise defined ((differently)) in an Article of ((this)) Regulation I, the following definitions apply to all of ((this)) SRCAA Regulation I.((:)) In Article II, Section 2.14, the Agency adopts by reference certain definitions provided in WAC 173-400-030, not otherwise specified in Section 1.04.

(1) Actual Emissions means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with ((1.)) (a) through ((3.)) (c) ((of this subsection)) below.

((1.)) (a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year at which the emissions unit actually emitted the pollutant during a two (2)((-))year period which precedes the particular date and which is representative of normal stationary source operation. The ((Authority)) Agency shall allow the use of a different time period upon a determination that it is more representative of normal stationary source operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

((2.)) (b) The ((Authority)) Agency may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.

((3.)) (c) For any emissions unit, which has not begun normal operations on the particular date, actual emissions shall equal the potential-to-emit of the emissions unit on that date.

(2) Agency means and refers to ((the same as "Authority")) "Spokane Regional Clean Air Agency (SRCAA)".

(3)Air Contaminant means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance or any combination thereof.

((Air Contaminant Source means the same as "source".))

(4) Air Operating Permit (AOP)Source means any facility required to have an air operating permit ((pursuant to)) per Chapter 173-401 WAC.

(5)Air Pollutant means the same as "((a))Air ((c))Contaminant".

(6) Air Pollution means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property; or which unreasonably interferes with enjoyment of life and property. For the purposes of ((this)) Regulation I, air pollution shall not include air contaminants emitted in compliance with Chapter 17.21 RCW, the Washington Pesticide Application Act, which regulates the application and control of the use of various pesticides.

(8) Allowable Emissions means the emission rate of a stationary source, calculated using the maximum rated capacity of the stationary source (unless the stationary source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

((1.)) (a) The applicable standards as in 40 CFR Parts 60, ((or)) 61, 62, or 63;

((2.)) (b) Any applicable State Implementation Plan (SIP) emissions limitation including those with a future compliance date; or

((3.)) (c) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

(9)Alteration means ((the act of altering, which means)) to change or make different. Alteration includes, but is not limited to, any enlargement, replacement, ((or)) change in the design, operation, capacity, or process arrangement ((of a process; any)), increase in the connected loading of process or control equipment, ((;and any)) change in fuels, method of operation, or hours of operation, not previously approved by the Agency.

(10) Ambient Air means the surrounding outside air.

(11)Ambient Air Quality Standard means an established concentration, exposure time, and frequency of occurrence of air contaminant(s) in the ambient air, which shall not be exceeded.

(13) Attainment Area means a geographic area, designated by the Environmental Protection Agency (EPA) at 40 CFR Part 81, as having attained the National Ambient Air Quality Standard (NAAQS) for a given criteria pollutant.

(14) Authority means ((Spokane Regional Clean Air Agency (SRCAA),)) the same as "Agency". ((or with regard to new source review, any other designated permitting agency.))

(15)Begin Actual Constructionor Establishment means, in general, initiation of physical on-site construction activities on a((n emissions unit, which)) new stationary source, emissions units, or control equipment that are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipe work,and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.

(16) Best Available Control Technology (BACT) means an emission limitation, based on the maximum degree of reduction for each air pollutant subject to regulation under Chapter 70.94 RCW emitted from, or which results from, any new or modified stationary source, which the ((Authority)) Agency, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such stationary source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant. In no event shall application of ((the "best available control technology")) BACT result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, ((and Part)) 61, 62, and 63. Emissions from any stationary source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase above levels that would have been required under the definition of BACT in the Federal Clean Air Act (FCAA) as it existed prior to enactment of the Clean Air Act Amendments of 1990.

(17)Best Available Control Technology for Toxics, or ((")) Toxic Best Available Control Technology (tBACT) (((TBACT)")) means an emission limitation applied to each, or each mixture of, ((t))Toxic ((a))Air ((p))Pollutants (TAPs) identified in ((WAC)) Chapter 173-460((-150 & 160)) WAC discharged, taking in account the potency, quantity, and toxicity of each TAP or mixture of TAPs discharged, in addition to the meaning given for Best Available Control Technology (BACT) (("BACT")), herein.

(19) Board means Board of Directors of the Spokane Regional Clean Air Agency (SRCAA).

(22) Burn Out Oven means any oven used to clean or remove dirt, grease, grime, paint, varnish, or any other unwanted substance or contaminant, from any object by using controlled incineration, without burning the object itself. A burn out oven is considered an incinerator under Article VI, Section 6.03.

(23) Closure, Closed ((or Shutdown)) means permanently stopping or terminating all processes that produce air contaminant emissions at a stationary source or emissions unit.

((1. Except as provided for in subsections 3., 4., and 5., whether a closure or shutdown was permanent depends on the intention of the owner and operator at the time of the closure or shutdown, as determined from all facts and circumstances, including the cause of the closure or shutdown and whether registration fees have been paid;

5. A closure or shutdown lasting five or more years is considered permanent even if registration fees have been paid and even in the case of temporary/portable stationary sources.))

((Certified Observer means a person who has met the requirements, pursuant to 40 CFR 60, Appendix A, Method 9.))

((Class I Area means any area designated under Section 162 or 164 of the Federal Clean Air Act as a Class I area. The following areas are the Class I areas in Washington state:

9. Spokane Indian Reservation.))

(24) Combustion and Incineration Unit means ((an emissions)) units using combustion for waste disposal, steam production, chemical recovery, or other process requirements; excluding outdoor burning.

(25) Commence((d,)) as applied to construction, means that the owner or operator has all the necessary preconstruction approvals or permits,and either has:

((1.))(a) Begun, or caused to begin, a continuous program of actual on-site construction of the stationary source, to be completed within a reasonable time; or

((2.))(b) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the stationary source to be completed within a reasonable time.

(c) For the purposes of this definition, "necessary preconstruction approvals" means those permits or orders of approval required under federal air quality control laws and regulations, including state, local and federal regulations and orders contained in the State Implementation Plan (SIP).

(26)Concealment means any action taken to reduce the observed or measured concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharged.

(27)Construction means any physical change or change in method of operation (including fabrication, erection, ((or)) installation, demolition, or modification of an emissions unit) ((of a stationary source)), which would result in a change in actual emissions.

(28)Control Equipment means any ((equipment)) facility, device, or apparatus, which has the primary function of regulating, reducing, or controlling emissions from a process, fuel burning or refuse burning equipment,and thus reduces the formation of, or the emission of, air contaminants into the ((atmosphere, or both)) ambient air.

(29) Control Officer means the Air Pollution Control Officer for the Spokane Regional Clean Air Agency (SRCAA) or ((his/her duly)) authorized representative.

(30) Criteria Pollutant means a pollutant for which there is established a National Ambient Air Quality Standard (NAAQS) in 40 CFR Part 50. The criteria pollutants are carbon monoxide (CO), particulate matter (PM10and PM2.5), ozone (O3) sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).

(33)Ecology means the Washington State Department of Ecology.

(35)Emission means a release of air contaminants into the ambient air.

(36)Emission Point means the point at which emissions are released into the ambient air, such as, but not limited to; a duct, vent, stack, pipe, or other opening to the ambient air.

(37)Emission Reduction Credit (ERC) means a credit granted((,)) by the ((Authority)) Agency, to a stationary source for a voluntary reduction in actual emissions per WAC 173-400-131.

(38) Emission Standard and Emission Limitation means a requirement established under the Federal Clean Air Act (FCAA) or Chapter 70.94 RCW which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a stationary source to assure continuous emission reduction and any design, equipment work practice, or operational standard adopted under the ((Federal Clean Air Act)) FCAA or Chapter 70.94 RCW.

(39) Emissions Unit means any part of a stationary source or source which emits, or would have the potential-to-emit, any pollutant subject to rules and regulation(s) ((pursuant to)) per the Federal Clean Air Act (FCAA), the Washington State Clean Air Act (WCAA), Chapter 70.94 RCW (((Chapter 70.94 RCW))), the Washington Nuclear Energy and Radiation Act, Chapter 70.98 RCW (((Chapter 70.98RCW))), or the ((Authority)) Agency. This term does not include non((-))road engines.

(40) Episode means a period when a forecast, alert, warning, or emergency air pollution stage is declared, as given in RCW 70.94.715.

(44) Federal Clean Air Act (FCAA) means the Federal Clean Air Act, also known as Public Law 88-206, 77 Stat. 392, December 17, 1963, 42 USC ((U.S.C.)) 7401 et seq., as amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990 and subsequent amendments.

8. Pasayten Wilderness.))

((Federal Land Manager means the secretary of the department with authority over federal lands in the United States. This includes, but is not limited to, the U.S. Department of the Interior - National Park Service, the U.S. Department of Agriculture - Forest Service, and/or the U.S. Department of the Interior - Bureau of Land Management.))

(45) Federally Enforceable means all limitations and conditions which are enforceable by the Environmental Protection Agency (EPA), including those requirements developed ((pursuant to)) under 40 CFR Parts 60, 61, 62, and 63; requirements within the Washington State Implementation Plan (SIP), requirements within any permit established under 40 CFR 52.21 or ((o))Order of ((a)) Approval under a SIP approved new source review regulation, or any voluntary limits on emissions in an Order issued under ((pursuant to)) WAC 173-400-091.

(46)Fire Protection Agency means a city fire department, county fire department, local fire protection district, or the Washington State Department of Natural Resources (DNR).

(48) Fugitive Dust means particulate emissions made airborne by forces of wind, human activity, or both. Unpaved roads, construction sites, and tilled land are examples of sources of fugitive dust. Fugitive dust is a type of fugitive emission.

(49)Fugitive Emissions means emissions ((which)) that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(50)Garbage means putrescible animal or vegetable waste resulting from the handling, preparation, cooking or serving of food.

(51) Good Engineering Practice (GEP)((, as used in Chapter 173-400 WAC, refers to)) means a calculated stack height based on the equation specified in WAC 173-400-200 (2)(a)(ii).

(54) Incinerator means a furnace used primarily for the thermal destruction of waste, including human and pet crematories, burn-out ovens, and other solid, liquid, and gaseous waste incinerators.

(55) In Operation, Operation, or Operating means engaged in activity related to the primary design function of the stationary source.

(56) Installation means the act of ((installing, which means)) placing, assembling or constructing process equipment or control equipment at the premises where the equipment will be used. Installation includes all preparatory work at such premises.

(58) Lowest Achievable Emission Rate (LAER) means for any stationary source, that rate of emissions which reflects the more stringent of:

((1.))(a) The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed new or modified stationary source demonstrates that such limitations are not achievable; or

((2.))(b) The most stringent emission limitation which is achieved in practice by such class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source.

((3.))(c) In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable New Source Performance Standards (NSPS).

((Major Modification, as it applies in nonattainment areas, is defined in WAC 173-400-112.))

((Major Modification, as it applies in attainment or unclassified areas, is defined in WAC 173-400-113.))

((Major Stationary Source, as it applies in nonattainment areas, is defined in WAC 173-400-112.))

((Major Stationary Source, as it applies in attainment or unclassified areas, is defined in WAC 173-400-113.))

(61) Masking means the mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor.

(62) Materials Handling means the handling, transporting, loading, unloading, storage, or transfer of materials with no significant chemical or physical alteration.

(63) Modification means any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted by such stationary source or that results in the emissions of any air contaminant not previously emitted. The term modification shall be construed consistent with the definitions of modification in Section 7411, ((Title)) 42 USC, ((United States Code (USC),)) and with rules implementing that section.

(65) National Ambient Air Quality Standard (NAAQS) means an ambient air quality standard set by the Environmental Protection Agency (EPA) at 40 CFR Part 50 and includes standards for carbon monoxide (CO), particulate matter, ozone (O3), sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).

(66)National Emission Standards for Hazardous Air Pollutants (NESHAP) means the federal rules in 40 CFR Part 61.

(67)National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories means the federal rules in 40 CFR Part 63. These rules are commonly referred to as Maximum Available Control Technology (MACT) standards.

((Net Emissions Increase, as it applies to stationary sources subject to requirements for new sources in nonattainment areas, is defined in WAC 173-400-112.))

((Net Emissions Increase, as it applies to stationary sources subject to requirements for new sources in attainment or unclassified areas, is defined in WAC 173-400-113.))

(68)New Source means one or more of the following:

((1.))(a) The construction or modification of a (("))stationary source((")) that increases the amount of any air contaminant emitted by such (("))stationary source((")) or that results in the emission of any air contaminant not previously emitted;

((2.))(b) Any other project that constitutes a new source under the Federal Clean Air Act (FCAA);

((3.))(c) Restart of a (("))stationary source((")) after ((permanent shutdown; or)) closure;

((4.))(d) Relocation of a (("))stationary source((")) to a new location;((, except in the case of portable stationary sources operating under a valid "permit to operate" as provided in Article V, Section 5.08.A.2 through 5.08.A.5.))

((New Stationary Air Contaminant Source, as used in this Regulation, means the same as "new source".))

(69) New Source Performance Standards (NSPS) means the ((F))federal rules in 40 CFR Part 60.

(70) Nonattainment Area means a geographic area designated by the Environmental Protection Agency (EPA) at 40 CFR Part 81 as exceeding a National Ambient Air Quality Standards (NAAQS) for a given criteria pollutant. An area is nonattainment only for the pollutants for which the area has been designated nonattainment.

(71) Nonroad Engine means:

((1.))(a) Except as provided in ((2. of this subsection))Article I, Section 1.04 (A)(71)(b), a nonroad engine is any internal combustion engine:

((a.))1. In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); ((or))

((b.))2. In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or

((c.))3. That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Methods of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

((2.))(b) An internal combustion engine is not a nonroad engine if:

((a.))1. The engine is used to propel a motor vehicle, ((or)) a vehicle used solely for competition, or is subject to standards promulgated under Section 202 of the Federal Clean Air Act (FCAA); ((or))

((b.))2. The engine is regulated by a New Source Performance Standard (NSPS) promulgated under Section 111 of the FCAA; or

((c.))3. The engine otherwise included in ((1.c. of this subsection)) Section 1.04 (A)(71)(a)3 remains or will remain at a location for more than twelve (12) consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and ((that)) is intended to perform the same or similar function as the engine replaced, will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two (2) years) and that operates at that single location approximately three (3) months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.

(73) Notice of Construction (NOC) Application ((or Notice of Construction and Application for Approval)) means a written application to ((permit)) allow construction of a new source, modification of an existing stationary source, or replacement or substantial alteration of control technology at an existing stationary source. ((Affected activities include, but are not limited to, equipment modifications or alterations, changes to process or control equipment, establishment of emission limits, installation of "new sources," control technology determinations, PSD determinations (by Ecology), and other items specified by the Authority.))

(74)Odor means that property of a substance, which allows its detection by the sense of smell or through the use of instruments designed for that purpose.

(75)Opacity means the degree to which an object seen through a plume is obscured, stated as a percentage.

((Outdoor Burning or Open Burning means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion in a manner approved by the Agency. For the purposes of this Regulation, "Outdoor burning" means all types of outdoor burning except agricultural burning and silvicultural burning (RCW 70.94.743)))

(76)Order means any order issued by Ecology or the ((Authority)) Agency ((pursuant to)) under Chapter 70.94 RCW, including, but not limited to RCW 70.94.332, 70.94.152, 70.94.153, 70.94.154, and 70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action order, order of approval, permit, permission to operate, compliance schedule order, consent order, order of denial, notice of violation, and regulatory order.

(77) Order of approval((, approval order or Permit)) means a regulatory order issued by Ecology or the ((Authority)) Agency to approve the Notice of Construction (NOC) Application for a proposed new source or modification, or the replacement or substantial alteration of control technology at an existing stationary source.

(80) Ozone ((d))Depleting ((s))Substance means any substance listed in Appendices A and B to Subpart A of 40 CFR Part 82.

(81) Particulate Matter or Particulates means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than one hundred (100) micrometers.

(82) Particulate Matter Emissions means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air, as measured by applicable reference methods, or an equivalent or alternative method specified in Title 40 Chapter I of the Code of Federal Regulations (CFR)or by a test method specified in the State Implementation Plan (SIP).

(83) Parts per Million by Volume (ppmv) means parts of a contaminant per million parts of gas or carrier medium, by volume, exclusive of water or particulate matter.

(85) ((Permit to Operate,)) Permission to Operate ((and Temporary or Portable Permit)) means a regulatory order issued by ((Ecology or)) the ((Authority))Agency to approve the ((Notice of Intent to Install and Operate a Temporary Source))Portable Source Permit (PSP) Application for the operation and relocation of a proposed ((temporary or)) portable ((stationary)) source in Spokane County.

(86) Permitting Authority or Permitting agency means Ecology or the ((Authority)) Agency with jurisdiction over the source.((, except that Ecology is the permitting agency pursuant to WAC 173-400-141 (PSD) and for air pollution sources that have been retained by Ecology's Industrial Sector, pursuant to RCW 70.94.422, in Spokane County.))

(87) Person means an individual, firm, public or private corporation, owner, owner's agent, operator, contractor, limited liability company, association, partnership, political subdivision, municipality, or government agency.

(90) PM10 means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers (microns or μ) as measured by a reference method based on 40 CFR Part 50 Appendix J and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.

(91) PM10 emissions means finely-divided solid or liquid material, including condensable particulate matter, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers (microns or μ) emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in Appendix M of 40 CFR Part 51 or by a test method specified in the State Implementation Plan (SIP).

(92) Pollution Control Hearings Board of Washington (PCHB) means the body established under Chapter 43.21 RCW to adjudicate hearings pertaining to decisions and orders of the ((Authority)) Agency.

(93)Portable ((Stationary)) Source means a type of stationary source ((consisting of one or more emission units that is portable or transportable (excluding non-road engines))) that emits ((pollutants)) air contaminants only while at a fixed location but which is capable of being transported to various locations. Examples include a portable asphalt plant or a portable package boiler. ((at a specific site for a brief period and then moves to another site(s) and emits pollutants for a brief period and that is established at any specific site for less than 12 consecutive months. Portable equipment includes, but is not limited to: portable rock crushers, portable asphalt plants, portable concrete batch plants and each of their auxiliary emissions producing equipment). The act of installing a portable source at a particular site is considered to be the construction of a new source or modification of an existing source and therefore is subject to the requirements of new source review the first time that the Portable Stationary Source locates in Spokane County; thereafter, the Portable Stationary Source is subject to the requirements of Sections 5.08.A.2 through 5.08.A.5 of this Regulation. A Portable Stationary Sources is a subset of Temporary Stationary Source.))

(95) Potential-to-((e))Emit (PTE) means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is ((federally)) enforceable. Secondary emissions are not included in determining the ((potential-to-emit)) PTE of a stationary source.

(96) Prevention of Significant Deterioration (PSD) means the program set forth in WAC 173-400-((141)) 700 through 750.

(97) Reasonably Available Control Technology (RACT) means the lowest emission limit that a particular stationary source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an individual stationary source or source category, taking into account the impact of the stationary source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for any stationary source or source category shall be adopted only after notice and opportunity for comment are afforded. ((RACT shall apply to existing stationary sources.))

(98) Refuse means putrescible and non-putrescible solid wastes including, but not limited to, garbage, rubbish, ashes, incinerator residue, dead animals, abandoned automobiles, solid market wastes, street cleanings, and solid commercial and industrial waste (including waste disposal in industrial salvage).

(99) Regulatory Order means an order issued ((to a stationary air contaminant source)) by Ecology((,)) or the ((Authority)) Agency((, which subjects that stationary source to)) that requires compliance with any applicable provisions of Chapter 70.94 RCW, or the rules and regulations adopted thereunder.

(100)Secondary Emissions means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the major stationary source or major modification which causes the secondary emissions. This includes emissions from any offsitesupport facility which would not be generated without the construction or operation of the major stationary source or major modification. Emissions which come directly from a mobile source such as a motor vehicle, train, or vessel are not secondary emissions. ((Secondary emissions may include, but are not limited to:))

((1. Emissions from ships or trains located at the new or modified stationary source; and

2. Emissions from any off-site support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification.))

c. In reference to a net emissions increase or the stationary source's potential-to-emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:))

((d. Regardless of the definition in GGGG.3, significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification which constructs a stationary air contaminant source within 10 kilometers of a Class I area, and has an ambient air quality impact on such area equal to, or greater than, 1 microgram per cubic meter (twenty-four-hour average), demonstrated through an Authority approved dispersion model.))

(102) Silvicultural Burning means burning on unimproved land the Department of Natural Resources (DNR) protects ((pursuant to)) under RCW ((70.94.030(20), 70.94.660, 70.94.690 and pursuant to)) 70.94.030(21), 70.94.6534, 70.94.6540, and Chapter 76.04 RCW.

(103)Source means all of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products. ((Activities shall be considered ancillary to the production of a single product or functionally related group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 supplement.))

(104) Source category means all sources of the same type or classification.

(106)Stack means any point in a stationary source designed to emit solids, liquids, or gases into the air, including a pipe or duct.

(108)Stage I Vapor Recovery means the capture of all gasoline vapors at gasoline dispensing facilities during the transfer of gasoline from a transport tank into a stationary storage tank, except motor vehicle refueling. ((Regulations relating to Stage I vapor recovery are found in Chapter 173-491 WAC.))

(109)Stage II Vapor Recovery means the capture of gasoline vapors at gasoline dispensing facilities during the transfer of gasoline from a stationary storage tank into a motor vehicle fuel tank. ((Regulations relating to Stage II vapor recovery are found in Chapter 173-491 WAC.))

(110) Standard Conditions means a temperature of 20°C (68°F) and a pressure of 760 mm (29.92 inches) of mercury.

(113)State Implementation Plan (SIP) or Washington SIP means the Washington SIP in 40 CFR Part 52, subpart WW. The SIP contains state, local and federal regulations and orders, the state plan, and compliance schedules approved and promulgated by the Environmental Protection Agency (EPA), for the purpose of implementing, maintaining, and enforcing the National Ambient Air Quality Standards (NAAQS).

((Stationary Air Contaminant Source means the same as "Stationary source".))

(114) Stationary Source means any building, structure, facility, or installation that emits or may emit any air contaminant. This term does not include emissions resulting directly from an internal combustion engine for transportation purposes, or from a nonroad engine, or nonroad vehicle, as defined in Section 216(11) of the Federal Clean Air Act (FCAA).

(115) Synthetic Minor (SM) means any ((stationary)) source whose potential-to-emit has been limited below applicable ((major stationary source)) thresholds by means of an ((federally)) enforceable order, rule, or ((permit)) approval condition.

((Temporary Stationary Source means a stationary source consisting of one or more emission units that is portable or transportable (excluding non-road engines) that emits pollutants at a specific site for a brief period and then not again for the foreseeable future and that is established at any site for less than 12 consecutive months. A temporary stationary source includes, but is not limited to: a temporary boiler, while a permanent boiler is undergoing maintenance; fugitive dust emissions associated with the construction of a new building; non-stationary stump grinders and each of their auxiliary emissions producing equipment). The act of installing a Temporary Stationary Source at a particular site may or may not be considered to be the construction of a new source or modification of an existing source and therefore may or may not be subject to the requirements of new source review.))

(116) Total Actual Annual Emissions means the total of all criteria and toxic air pollutant emissions for the most recent complete year that is available to the ((Authority)) Agency.

(117)Total Reduced Sulfur (TRS) means the sum of the mass of sulfur compounds, hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides, emitted and measured by Environmental Protection Agency (EPA) Method 16 in Appendix A to 40 CFR Part 60 or an approved equivalent method, and expressed as hydrogen sulfide.

(118) Total Suspended Particulate(TSP) means the mass of particulate matter as measured by the method described in 40 CFR Part 50 Appendix B.

(119) Toxic Air Pollutant (TAP) or Toxic Air Contaminant means any ((Class A or B)) toxic air pollutant listed in ((WAC 173-460-150 and 173-460-160)) Chapter 173-460 WAC. The term toxic air pollutant may include particulate matter and volatile organic compounds, if an individual substance or a group of substances within either of these classes is listed in ((WAC 173-460-150 and/or 173-460-160)) Chapter 173-460 WAC. The term toxic air pollutant does not include particulate matter and volatile organic compounds as generic classes of compounds.

((Upset Condition means a failure, breakdown, or malfunction of any piece of process equipment or pollution control equipment that causes, or has the potential to cause, excess emissions.))

(120) Unclassifiable Area means an area that cannot be designated attainment or nonattainment on the basis of available information as meeting or not meeting the National Ambient Air Quality Standard (NAAQS) for the criteria pollutant and that is listed by the Environmental Protection Agency (EPA) at 40 CFR Part 81.

(121) United States Environmental Protection Agency (USEPA) or (EPA) means the federal agency empowered to enforce and implement the Federal Clean Air Act (FCAA), 42 USC 7401, et seq. ((shall be referred to as EPA.))

(124) Visibility Impairment means any humanly perceptible change in visibility (light extinction, visual range, contrast, or coloration) from that which would have existed under natural conditions.

((Visibility Impairment of Class I Areas means visibility impairment within the Class I area and visibility impairment of any formally designated integral vista associated with the Class I area.))

(125) Volatile Organic Compound (VOC) means ((any carbon compound that participates in atmospheric photochemical reactions)) the same as defined in 40 CFR 51.100 for the purposes of Regulation I.

((1. Exceptions. The following compounds are not a VOC: Acetone; carbon monoxide; carbon dioxide; carbonic acid; metallic carbides or carbonates; ammonium carbonate, methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro 1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a);1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane((CF3)2CFCF2OC2H5); methyl acetate and perfluorocarbon compounds that fall into these classes:

3. As a precondition to excluding these negligibly-reactive compounds as VOC or at any time thereafter, the Authority may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the Authority, the amount of negligibly-reactive compounds in the stationary source's emissions.))

acfm Actual Cubic Feet per Minute

ACM Asbestos-Containing Material

ACWM Asbestos-Containing Waste Material

AHERA Asbestos Hazard Emergency Response Act

AOP Air Operating Permit

ASTM American Society for Testing and Materials

AWP Alternate Work Plan

BACT Best Available Control Technology

BART Best Available Retrofit Technology

bhp Brake Horse Power

Btu British Thermal Unit

C Celsius

CFR Code of Federal Regulations

CO Carbon Monoxide

DNR Department of Natural Resources

DNS Determination of Nonsignificance

DS Determination of Significance

EFSEC Energy Facility Site Evaluation Council

EIS Environmental Impact Statement

e-NOI Electronic Notice of Intent

EPA Environmental Protection Agency, same as USEPA

ERC Emissions Reduction Credit

F Fahrenheit

FCAA Federal Clean Air Act

G Gram

gal Gallon

GEP Good Engineering Practices

GOA General Order of Approval

HAP Hazardous Air Pollutant

HEPA High Efficiency Particulate Air

hr Hour

HVLP High Volume, Low Pressure

kg Kilogram

LAER Lowest Achievable Emission Rate

L Liter

lb Pound

LIEAP Low Income Energy Assistance Program

LPG Liquid Petroleum Gas

LVLP Low Volume, Low Pressure

mm Millimeter

MACT Maximum Achievable Control Technology

MDNS Mitigated Determination of Nonsignificance

NAAQS National Ambient Air Quality Standards

NAICS North American Industry Classification System

NOC Notice of Construction

NESHAP National Emission Standards for Hazardous Air Pollutants

NOI Notice of Intent

NOV Notice of Violation

NO2 Nitrogen Dioxide

NOx Nitrogen Oxide

NSPS New Source Performance Standards

NSR New Source Review

O3 Ozone

Pb Lead

PCHB Pollution Control Hearings Board

PLM Polarized Light Microscopy

PM Particulate Matter

PM2.5 Particulate Matter 2.5

PM10 Particulate Mater 10

POTWs Private and Publicly Owned Treatment Works

ppmv Parts Per Million by Volume

ppmw Parts Per Million by Weight

psia Pounds per Square Inch Absolute

psig Pounds per Square Inch Gauge

PSD Prevention of Significant Deterioration

PSP Portable Source Permit

PTE Potential to Emit

RACT Reasonable Available Control Technology

RCW Revised Code of Washington

SEPA State Environmental Policy Act

SIC Standard Industrial Classification

SIP State Implementation Plan

SCAPCA Spokane County Air Pollution Control Authority

SM Synthetic Minor

SNAP Spokane Neighborhood Action Partners

SO2 Sulfur Dioxide

SQER Small Quantity Emission Rate

SRCAA Spokane Regional Clean Air Agency

TAC Toxic Air Contaminant

TAP Toxic Air Pollutant

tBACT Toxic Best Available Control Technology

TRS Total Reduced Sulfur

TSI Thermal System Insulations

TSP Total Suspended Particulate

USC United States Code

USEPA United State Environmental Protection Agency, same as EPA

VOC Volatile Organic Compound

WAC Washington Administrative Code

WCAA Washington Clean Air Act

WISHA Washington Industrial Safety and Health Act

yr Year

((A.))(A) Board Procedures and Actions. Pursuant to, and consistent with, the provisions of the Washington Clean Air Act (WCAA) Chapter 70.94 RCW, the Board shall establish such procedures and take such action as may be required to implement SRCAA Regulation I, Article I, Section 1.01 ((of this Regulation)). The Board may take such action as may be necessary to prevent air pollution, including control and measurement of the emission of any air contaminant from a source. The Board shall appoint a Control Officer, competent in the control of air pollution who shall, with the Board's advice and approval, enforce the provisions of all ordinances, orders, resolutions, rules, and regulations of this ((Authority)) Agency, pertinent to the control and prevention of air pollution in Spokane County.

((B.))(B) Hearings. The Board shall have the power to hold hearings relating to any aspect of or matter in the administration of ((this)) Regulation I and in connection therewith; issue subpoenas to compel the attendance of witnesses and production of evidence, administer oaths and take the testimony of any person under oath.

((C.))(C) Ordinances, Resolutions, Rules, Orders and Regulations. The Board shall have the power to adopt, amend, and repeal its own ordinances, resolutions, rules, orders, and regulations. Any adoption, amendment, or repeal of the Board's ordinances, resolutions, rules, orders and regulations shall be made after due consideration at a public hearing held in accordance with Chapter 42.30 RCW, and shall have the same force and effect as all other of the Board's ordinances, resolutions, rules, ((or)) orders, and regulations as soon as adopted by the Board. (See RCW 70.94.141)

((A.))(A) Control Officer and Authorized Representative. The Control Officer and((/or his)) authorized representatives shall observe and enforce the provisions of the ((Washington Clean Air Act)) WCAA and all orders, ordinances, resolutions, rules, and regulations of the ((Authority)) Agency pertaining to the control and prevention of air pollution ((pursuant)) according to the policies set forth by the Board.

((B.))(B) Employees. The Control Officer, with the approval of the Board, shall have the authority to appoint and remove such employees as are necessary to the performance of the duties assigned, ((to him)) and to incur necessary expenses within the limitations of the budget.

((C.))(C) Records and Reports. The Control Officer shall maintain appropriate records and submit reports as required by the Board, Ecology, and EPA.

((D.))(D) Consultants. The Control Officer may engage, at the ((Authority's)) Agency's expense, within the limitation of the budget, qualified individuals or firms to make independent studies and reports as to the nature, extent, quantity, or degree of any air contaminants which are or may be discharged from any source within the ((Authority's)) Agency's jurisdiction.

((E.))(E) Right of Entry. For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the atmosphere, the Control Officer, Ecology, or their ((duly)) authorized representatives shall have the power to enter at reasonable times upon any private or public property, excepting non-multiple unit private dwellings housing two families or less. No person shall refuse entry or access to the Control Officer, Ecology, or their ((duly)) authorized representative who requests entry for the purpose of inspecting((on)), and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection.

((F.))(F) Samples. If an Agency authorized ((employee)) representative, ((of the Authority, during the course of an inspection)) desires to obtain a sample of air contaminant, fuel, process material, or other material, that affects or may affect the emission of air contaminants, ((he/she)) the authorized representative shall notify the owner or ((lessee)) operator of the time and place of obtaining a sample, so the owner or ((lessee)) operator has the opportunity to take a similar sample at the same time and place, and the Control Officer or the authorized representative of the ((Authority)) Agency shall give a receipt to the owner or ((lessee)) operator for the sample obtained.

((G.))(G) Enforcement. The Control Officer shall be empowered by the Board to sign official complaints, ((or)) issue citations, ((or)) initiate court suits, or use other legal means to enforce the provisions of the ((Authority's)) Agency's Regulation.

((H.))(H) Information and Analyses from the Source. The Control Officer or ((his/her duly)) authorized representative may obtain, from the owner or operator of a((n air contaminant)) source, information or analyses that discloses the nature, extent, or quantity of air contaminants which are, or may be, discharged by such a((n air contaminant)) source, and the control equipment in use on such ((air contaminant)) source.

((I.))(I) Access. The Control Officer or ((his/her duly)) authorized representative may require that safe access and adequate sampling facilities be provided to the ((Authority)) Agency by the owner or operator of a((n air contaminant)) source that is to be tested.

The ((Authority)) Agency implements and enforces RCW 70.94.205 - Confidentiality of records and information.

The ((Authority)) Agency implements and enforces RCW 70.94.211 - Enforcement actions by air authority - Notice to violators.

The ((Authority)) Agency implements and enforces RCW 70.94.221 - Order final unless appealed to pollution control hearings board.

((A.))(A) Appeal. Any order issued by the ((b))Board or by the ((c))Control ((o))Officer, shall become final unless such order is appealed to the ((hearings board)) PCHB as provided in ((c))Chapter 43.21B RCW. This is the exclusive means of appeal of such an order.

((B.))(B) Stay. The Control Officer may stay the effectiveness of an order during the pendency of such an appeal. At any time during the pendency of such an appeal of such an order to the PCHB, the appellant may apply to the PCHB ((pursuant to)) as provided in Chapter 43.21B RCW and Chapter 371-08 WAC for a stay of the order or for the removal thereof.

((C.))(C) Action. Upon failure to comply with any final order of the Board or Control Officer, the Agency's attorney ((for the Authority)), upon request of the Board or Control Officer, may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary.

((A.))(A) False, Misleading Statements. No person shall willfully make a false or misleading statement to the Board or their authorized representative as to any matter within the jurisdiction of the Board.

((B.))(B) Alter Documents. No person shall reproduce or alter, or cause to be reproduced or altered, any order, registration certificate, or other paper issued by the ((Authority)) Agency if the purpose of such reproduction or alteration is to circumvent, evade, or violate any provision of Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto.

((C.))(C) Available for Review. Any order or registration certificate required to be obtained by Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto, shall be available for review on the premises designated on the order or certificate.

((D.))(D) Notice to be Displayed. In the event the ((Authority)) Agency requires a notice to be displayed, it shall be posted. No person shall mutilate, obstruct or remove any notice unless authorized to do so by the ((Authority)) Agency.

((E.))(E) False Statements. No person shall make any false material statement, representation, or certification in any form, ((in any)) notice or report required under Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto.

((F.))(F) Render Inaccurate. No person shall render inaccurate any monitoring device or method required under Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto.

((A.))(A) Purpose. ((This)) SRCAA Regulation I, Article II, Section 2.09, establishes test methods, notification, performance, and reporting requirements for all source tests ((and combustion tests)) performed to determine compliance with applicable air quality regulations, ((and/or)) emission standards, or both.

((B.))(B) Applicability. This Section applies to any source test performed on sources established or operated in Spokane County that will be submitted to the Agency for regulatory purposes. Tests performed on gasoline dispensing facilities are exempt from the requirements of this ((s)) Section, unless otherwise required by the Agency.

((Combustion tests performed on fuel burning equipment shall meet the requirements of Section 2.09.K.))

((C.))(D) Definitions. In addition to the definitions given in ((SRCAA Regulation I,)) Article I, Section 1.04, and unless a different meaning is clearly required by context, words and phrases used in this Section ((shall)) will have the following meaning:

((1. Combustion test means a test performed on fuel burning equipment, using a combustion analyzer, for purposes of analyzing the combustion products produced by the equipment.

3. Regulated pollutant means any air contaminant regulated under the Federal Clean Air Act, the Washington Clean Air Act, Washington Administrative Code, and/or SRCAA regulations.))

((4.))(1) Regulatory ((p))Purposes means to determine compliance with an applicable air quality regulation or emission standard or as otherwise required by the Agency.

((5. Representative operating conditions means the range of combined process, production, and control measure conditions under which the source normally operates or will normally operate (regardless of the frequency of the conditions). Operations during startup, shutdown, and malfunctions do not constitute representative operating conditions.))

((6.))(2) Source ((t))Test means any testing performed at a source that measures:

((i)))(a) ((t))The amount or concentration of an ((regulated)) air pollutant, air pollutants, or surrogates being emitted;

((ii)))(b) ((t))The capture efficiency of a capture system; ((and/))or

((iii)))(c) ((t))The destruction or removal efficiency of a control device used to reduce emissions. Combustion tests and data accuracy assessments of continuous emission monitoring systems (i.e., relative accuracy tests, cylinder gas audits, etc.) are not considered source tests.

((D. Test Methods. Testing of sources for regulatory purposes shall be performed in accordance with U.S. Environmental Protection Agency (EPA) approved methods as found in 40 CFR Parts 51, 60, 61, and 63, as in effect on the date identified in SRCAA Regulation I, Article II, Section 2.13. Alternative methods may be used, provided the method(s) has been approved by the Agency and/or EPA prior to performing the test.))

((E.))(E) Test Notifications and Plans. At least fifteen (15) calendar days prior to performing the source test, a test notification and plan ((shall)) must be submitted in writing by either hard copy, facsimile or email; to the Agency for review and written approval. This notification requirement does not relieve the source from any other notification requirements under ((S))state or ((F))federal law. ((Test notifications and plans shall be submitted in writing by either hard copy, facsimile, or e-mail.)) The fifteen (15) ((-)) day submittal requirement may be waived upon receipt of written Agency approval. The test plan ((shall)) must include, unless otherwise specified in writing by the Agency, the following information:

((1.))(1) Facility name, mailing address, and source location;

((2.))(2) Facility contact name(s), email address(es), and telephone number(s);

((3.))(3) Source testing company name, company contact name(s), email address(es), and telephone number;

((4.))(4) Source testing schedule and date(s);

((5.))(5) Source description including a description of the pollution control device and sample locations;

((6.))(6) Pollutant(s) to be measured;

((7.))(7) Test methods;

((8.))(8) Number of test runs and length of each individual test run;

((9.))(9) A description of what constitutes representative process and control conditions for the source to be tested (i.e., production rate, etc.). This ((shall)) will include the expected process and control conditions (including production rate) during testing;

((10.))(10) Applicable process and((/or)) production information to be collected during the source test;

((11.))(11) Control device operating parameters to be monitored during the source test;

((12.))(12) Fuel and((/or)) raw material samples (if applicable), type of analysis, how the samples will be collected, and who will collect the samples;

((13.))(13) Timeline for submittal of the final test report to ((SRCAA)) the Agency; and

((14.))(14) Any other testing information required by the Agency.

(F) Approved Test Plan. Once approved, the ((source test)) plan ((shall)) must be followed. Changes to approved plans may be implemented upon receipt of written Agency approval prior to completion of the source test. Test plan modification requests may be submitted in writing by either hard copy, facsimile, or e((-))mail. ((SRCAA)) The Agency may require a new series of tests for test plan modifications submitted after initiation of the tests and prior to completion of the tests.

((F.))(G) Test Procedures.

((1.))(1) The source test ((shall)) must consist of a minimum of three (3) individual runs, unless otherwise required in the test method or written Agency approval is given for an alternative testing scenario prior to performing the source test.

((2.))(2) The individual pollutant test runs for any source test ((shall)) must be performed consecutively, with no overlap of any test runs for the same pollutant. Test runs may overlap provided the overlapping test runs are not for testing the same pollutant or are not being performed using the same test method. Each consecutive test run ((shall)) must be initiated as soon as practicable after completion of the previous test run, unless written Agency approval is given for an alternative testing scenario prior to performing the source test.

((3.))(3) During each source test, the source to be tested ((shall)) must be operated as described in the approved source test plan, unless an alternative operating scenario is approved by the Agency in writing prior to performing the source test. Upon acceptance of the source test, the source will be limited to no more than 110% of the average production rate that the source operated during that source test, unless otherwise allowed by regulation or Agency issued Order.

((G.))(H) Stoppages.

((1.))(1) A source test may be stopped only because of safety reasons,((or)) testing ((and/))or process equipment malfunction that occurred during the source test and identified at the time the test is stopped. The testing ((shall)) must be resumed as soon as practicable. A source test may not be stopped solely due to the expected or known failure of one or more test runs to meet applicable standards.

((2.))(2) The Agency ((shall)) must be notified of any test stoppage ((as soon as practicable, but)) no later than the next working day (i.e., Monday through Friday, excluding legal holidays observed by the Agency).

((3.))(3) The reason for the test stoppage ((shall)) must be documented and included in the source test report. All test data collected during a stopped test shall be included in the source test report. The Agency will evaluate the reason for the stoppage and determine if it meets the stoppage provisions in Section 2.09((.G.1.))(H)(1).

((H.))(I) Invalidation of Test Results. For any test results that are found or considered to be invalid, due to stoppages, sampling or analysis problems or errors, or other reasons, the invalid data must be included in the test report. The reason that the test results were invalidated ((shall)) must be documented and included in the test report. The Agency will evaluate the reason for the test results invalidation and determine whether to accept or reject the source test results.

((I.))(J) Postponements((/))and Rescheduling. A source test ((shall)) must not be postponed ((and/))or rescheduled without prior Agency notification. Postponement notifications for a scheduled source test ((shall)) must include the reason(s) for the requested postponement and the date of the rescheduled source test. Postponement and((/or)) rescheduling notifications ((shall)) must be made by telephone or submitted in writing by either hard copy, facsimile, or e((-))mail. Within two (2) working days after a telephone notification is made, a written notification must be submitted by either hard copy, facsimile, or e((-))mail.

((J.))(K) Test Reports.

((1.))(1) Reports of all source tests performed under ((this section)) Section 2.09 ((shall)) must be submitted to the Agency regardless of the source test results (i.e., failure to meet an emission limit or standard, test stoppage, equipment malfunction, test data invalidation, etc.).

((2.))(2) Source test reports ((shall)) must be submitted to the Agency as described in the approved test plan, unless an alternative test report submittal timeline has received written Agency approval.

((3.))(3) The source test report ((shall)) must, at a minimum, include the following information:

((a.))(a) Source testing company name, company contact name(s), and phone number;

((b.))(b) Facility name, mailing address, and source location;

((c.))(c) Facility contact name(s), email address(es), and telephone number(s);

((d.))(d) Description of the source and the sampling locations;

((e.))(e) Date(s) of the source test;

((f.))(f) Summary of results, reported in units and averaging periods consistent with the applicable emission standard;

((g.))(g) Length, in minutes, of each individual test run, including start and end times for each individual test run;

((h.))(h) Description of any test stoppages and re-starts, and the reasons for each test stoppage;

((i.))(i) Description of any deviations from the approved source test plan and the reason for the deviation;

((j.))(j) Description of the test methods and quality assurance procedures employed;

((k.))(k) Operating parameters and production data for the source and control equipment during the test, as specified in the approved test plan under Section 2.09 (E)(10)-(12)((E.10-12));

((l.))(l) Company name, contact name, email address, and telephone number of the laboratory processing any samples;

((m.))(m) All field data collected and example calculations;

((n.))(n) Any reasons for considering a test run(s) to be invalid;

((o.))(o) Any reasons for objection of use of a test run(s) for regulatory purposes;

((p.))(p) A statement signed by the responsible official of the testing company certifying the validity of the source test report; and

((q.))(q) Any other information specified ((and/))or required by the Agency in the approved test plan.

((K. Combustion Tests. Unless otherwise required by the Agency, combustion tests performed on fuel burning equipment for regulatory purposes shall meet all of the following requirements:

d. Copies of actual data sheets.))

If any phrase, clause, subsection or section of ((this)) SRCAA Regulation I shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the Board would have enacted ((the)) Regulation I without the phrase, clause, subsection, or section so held unconstitutional or invalid and the remainder of ((the)) Regulation I shall not be affected as a result of said part being held unconstitutional or invalid.

The ((Authority)) Agency implements and enforces ((Chapter)) RCW 70.94.430 - Penalties, RCW 70.94.431 - Civil penalties, ((&)) and RCW 70.94.435 - Additional means of enforcement((RCW)).

The ((Authority)) Agency implements and enforces RCW 70.94.425 - Restraining orders- Injunctions.

((A. Whenever federal laws or regulations are referenced in this Regulation, the effective date shall be the most recent date of either July 1, 2006, unless otherwise noted or the applicable adoption date listed in:

3. WAC 173-400-075 (6)(a) for standards presented in 40 CFR Part 63 and Appendices, which is hereby adopted by reference.))

((A.))(A) The ((Authority)) Agency ((implements and enforces)) adopts by reference the following ((Washington State)) WACs:

((1. Chapter 173-400 WAC - General regulations for air pollution sources

((2.))(2) Chapter 173-401 WAC - Operating ((P))permit ((R))regulation.

((3.))(3) Chapter 173-425 WAC - Outdoor burning.

((4.))(4) Chapter 173-430 WAC - Agricultural burning.

((5.))(5) Chapter 173-433 WAC - Solid fuel burning devices.

((6.))(6) Chapter 173-434 WAC - Solid waste incinerator facilities.

((7.))(7) Chapter 173-435 WAC - Emergency episode plan.

((8.))(8) Chapter 173-460 WAC - Controls for new sources of toxic air pollutants.

((9.))(9) Chapter 173-476((0)) WAC - Ambient air quality standards. ((for particulate matter))

((10. Chapter 173-474 WAC - Ambient air quality standards for sulfur oxides))

((11. Chapter 173-475 WAC - Ambient air quality standards for carbon monoxide, ozone, and nitrogen dioxide))

((12.))(10) Chapter 173-490 WAC - Emission standards and controls for sources emitting volatile organic compounds (VOC).

((13.))(11) Chapter 173-491 WAC - Emission standards and controls for sources emitting gasoline vapors.

((A.))(A) No person shall, directly or indirectly, assault, intimidate, threaten, harass, coerce or unlawfully imprison the Control Officer or the ((Control Officer's)) authorized representative. The following definitions apply to this Section:

((1.))(1) "Assault" includes, but is not limited to, actions constituting assault under RCW 9A.36 et seq.

((2.))(2) "Intimidate" includes, but is not limited to, actions that discourage, restrain or deter action by inducing fear.

((3.))(3) "Threaten" includes, but is not limited to, actions constituting threats under RCW 9A.76.180(3) and 9A.04.110(28).

((4.))(4) "Harassment" includes, but is not limited to, actions constituting harassment under RCW 9A.46.020(1).

((5.))(5) "Coercion" includes, but is not limited to, actions constituting coercion under RCW 9A.36.070(1).

((6.))(6) "Unlawful ((i)) Imprisonment" includes, but is not limited to, restricting a person's movements without consent and without legal authority in manner which interferes substantially with his or her liberty as described in RCW 9A.40.010(6).

((B.))(B) For any person found to have violated Article II, Section 2.15(A)((.A.)), the Agency may issue a separate ((Notice of Violation)) NOV to the full extent authorized by Section 2.02(G)((.G)) and Section 2.11 of ((this)) SRCAA Regulation I.

((C.))(C) A ((Notice of Violation)) NOV under this Section may be issued regardless of a criminal charge or conviction related to the same conduct.

((D.))(D) The civil penalty for a violation of this Section shall be $5,000.00. Requests for mitigation of a ((Notice of Violation)) NOV issued under this Section shall be referred to and decided by the Board ((of Directors)).

(A) The Agency Adopts by Reference:

(1) 40 CFR Part 60 and its Appendices in effect on the date referenced in SRCAA Regulation I, Article II, Section 2.13.

(a) Subpart IIII and Subpart JJJJ are only adopted as they apply to a stationary source located at a source subject to Chapter 173-401 WAC (Air operating permit regulation).

(2) Exceptions. The following sections and subparts of 40 CFR Part 60 are not adopted by reference:

(a) 40 CFR 60.5 (determination of construction or modification);

(b) 40 CFR 60.6 (review of plans);

(c) 40 CFR Part 60, Subpart B (Adoption and Submittal of State Plans for Designated Facilities), Subparts C, Cb, Cc, Cd, Ce, BBBB, DDDD, FFFF, MMMM, UUUU (emission guidelines); and

(d) 40 CFR Part 60, Appendix G, Provisions for an Alternative Method of Demonstrating Compliance With 40 CFR 60.43 for the Newton Power Station of Central Illinois Public Service Company.

(A) The Agency Adopts by Reference:

(1) 40 CFR Part 61 and its Appendices in effect on the date referenced in SRCAA Regulation I, Article II, Section 2.13.

(a) The Agency may conduct source tests and require access to records, books, files, and other information specific to the control, recovery, or release of those pollutants regulated under 40 CFR Parts 61, 62, 63 and 65, as applicable, in order to determine the status of compliance of sources of these contaminants and to carry out its enforcement responsibilities.

(b) Source testing, monitoring, and analytical methods for sources of hazardous air pollutants must confirm with the requirements of 40 CFR Parts 51, 60, 61, 62, 63, and 65, as applicable.

(2) Exceptions. Section 2.17 does not apply to any source operating under a waiver granted by EPA, or an exemption granted by the president of the United States.

(A) Major Source of Hazardous Air Pollutants. The Agency adopts by reference 40 CFR Part 63 and Appendices as they apply to major sources of hazardous air pollutants, in effect on the date referenced in SRCAA Regulation I, Article II, Section 2.13.

(B) Nonmajor Sources of Hazardous Air Pollutants.

(1) The Agency adopts by reference these subparts of 40 CFR Part 63 and Appendices, in effect on the date referenced in Section 2.13. The stationary sources affected by these subparts of 40 CFR Part 63 are subject to Chapter 173-401 (Operating permit regulation).

(a) Subpart X, Secondary lead smelting;

(b) Subpart EEE, Hazardous waste incineration;

(c) Subpart LLL, Portland cement;

(d) Subpart IIIII, Mercury cell chlor-alkali plants;

(e) Subpart YYYYY, Stainless and nonstainless steel manufacturing (electric arc furnace);

(f) Subpart EEEEEE, Primary copper smelting;

(g) Subpart FFFFFF, Secondary copper smelting;

(h) Subpart GGGGGG, Primary nonferrous metal;

(i) Subpart MMMMMM, Carbon black production;

(j) Subpart NNNNNN, Chromium compounds;

(k) Subpart SSSSSS, Pressed and blown glass manufacturing;

(l) Subpart VVVVVV, Chemical manufacturing for synthetic minors; and

(m) Subpart EEEEEEE, Gold mine ore processing and production.

(2) The Agency adopts by reference 40 CFR Part 63 and Appendices, in effect on the date referenced in Section 2.13, as they apply to a stationary source located at a source subject to Chapter 173-401 WAC (Operating permit regulation).

(3) The Agency adopts by reference these subparts of 40 CFR Part 63 and Appendices, in effect on the date referenced in Section 2.13, as they apply to area sources of hazardous air pollutants.

(a) Subpart M, National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities;

(b) Subpart N, National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks;

(c) Subpart T, National Emission Standards for Halogenated Solvent Cleaning;

(d) Subpart RRR, National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production; and

(e) Subpart JJJJJJ, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers.

(C) Source Testing.

(1) The Agency may conduct source tests and require access to records, books, files, and other information specific to the control, recovery, or release of those pollutants regulated under 40 CFR Parts 61, 62, 63 and 65, as applicable, in order to determine the status of compliance of sources of these contaminants and to carry out its enforcement responsibilities.

(2) Source testing, monitoring, and analytical methods for sources of hazardous air pollutants must confirm with the requirements of 40 CFR Parts 51, 60, 61, 62, 63, and 65, as applicable.

(A) The Agency Adopts by Reference:

(1) 40 CFR Part 65 in effect on the date referenced in SRCAA Regulation I, Article II, Section 2.13.

(A) Stationary Source Registration. The ((Authority)) Agency regulates the classes of stationary sources and source categories((,)) listed in ((Exhibit R)) SRCAA Regulation I, Article IV, Section 4.04, under the authority of RCW 70.94.151. A stationary source((,)) listed in ((Exhibit R)) Section 4.04, whether publicly or privately owned, ((shall)) must register with the ((Authority)) Agency, unless exempted under Article IV, Section 4.03 ((of this Article)).

((A.))(A) Registration ((Responsibility)) Required. The owner((,)) or operator((, or a designated agent)) of a stationary source((, shall)) must register ((said)) the stationary source with the Agency annually. The owner or operator is responsible for timely submission of accurate and complete registration information and fees, except those stationary sources exempted under Section 4.03.((of this Article, by obtaining proper forms from the Authority or using an alternative to forms when required by the Authority. The owner and operator of the stationary source are responsible for registration and for timely submitting accurate and complete registration information.))

((B.))(B) Registration Information. The owner or operator is responsible for notifying the Agency of the existence of the source. The owner((,)) or operator((, or designated agent shall)) must register each emissions unit((, including quantifiable fugitive air emissions,)) located at the stationary source, including quantifiable fugitive air emissions. The owner((,)) or operator((, or designated agent shall)) must provide information ((to the Authority,)) as may be required by the ((Authority)) Agency, concerning location, size, and height of air contaminant outlets, processes employed, nature of the air contaminant emission, and such other information, as is relevant to air pollution. The owner((,)) or operator((, or designated agent shall)) must submit updated registration information at least annually as required by the ((Authority)) Agency, using Agency prepared and furnished forms, ((forms provided by the Authority)) unless the ((Authority)) Agency ((provides)) approves in writing an alternative format or ((requires an alternate)) method of reporting. ((registration information. The forms provided by the Authority shall)) Submission must be received((completed and returned to the Authority)) within forty-five (45) days of the issue date or request, unless the Agency specifies otherwise.

((C.))(C) Signature. The owner((,)) or operator((, or the designated agent for such owner or operator shall)) must sign each registration submission ((form unless the Authority provides in writing an alternative format or requires an alternate method of reporting registration information)) verifying ((that)) the information on the form is ((to his or her knowledge,)) complete and accurate.

((D.))(E) ((Reporting requirements for transfer or change of ownership of registered stationary sources.)) Reporting Requirements for Transfer, Business Name Change, or Change of Ownership.

((1.))(1) ((The new)) An owner or operator((,)) that changes the business name of a registered stationary source, assumes ownership of a registered stationary source, and/or assumes operational control of a registered stationary source, ((shall)) must report ((any)) the changes ((of ownership or change of operator)) to the ((Authority)) Agency, on Agency prepared and furnished forms, within ninety (90) days of ((completing transfer of ownership and/or assuming operational control. The new owner or operator shall report)) the change.((on "Change of Ownership Forms" provided by the Authority. The report shall contain the following information:

j. New owner's or responsible agent's signature.))

((2.))(2) Any liability for fee payment, including payment of delinquent fees and other penalties ((shall)) will survive any transfer of ownership and become the legal obligation of the new owner or operator. ((of a stationary source.))

((E.)) ((Reporting requirements for permanent shutdown of registered stationary sources.))

((1. The owner or operator shall file a "Source Closure Notification Form" with the Authority within ninety (90) days after the owner or operator determines that operations, producing air contaminant emissions have permanently ceased. The report shall contain the following information:

e. Owner's or responsible agent's signature.))

((2. In the event of a permanent closure, process and pollution control equipment may remain in place and on site, but shall be configured such that the equipment or processes are incapable of generating emissions to the atmosphere (e.g. disconnection of power to equipment, mechanical positioning that inhibits processing; placing of padlocks on equipment to prevent operation).))

((F. New Sources.

2. Prior to re-opening a closed stationary source, or establishing a new source at a site for which the Authority has received a "Source Closure Notification Form", the proponent shall contact the Authority for a determination as to whether a Notice of Construction and Application for Approval must be filed with, and approved by, the Control Officer, per the requirements of Article V of this Regulation, prior to operation.))

((A.))(A) Exemptions.

(1) Air Operating Permit Sources (AOP). Stationary sources subject to Chapter 173-401 WAC (air operating permit sources) and that meet requirements in SRCAA Regulation I, Article V are exempt from the registration requirements of ((this)) Article IV, Section 4.02.

((B.))(2) Grain Handling Facilities:

(a)((t))That handle less than or equal to ten (10) million bushels of grain annually. If registration has been made under the registration requirements in Section 4.02, and a registration fee ((has been)) paid, these facilities do not need to pay ongoing annual registration fees or meet other registration requirements as long as the ((for a)) stationary source continues to meet the criteria listed below (1. - 3.). The stationary source is subject to all other applicable requirements of Regulation I. ((that))

1.((i)) Is properly classified as a grain warehouse or grain elevator (includes grain cleaning) under ((Standard Industrial Classification (SIC))) SIC code 5153/NAICS ((422510)) 424510;((, 1972, as amended by the 1977 Supplement, and that is))

2. Is licensed by the Department of Agriculture under Chapter 22.09 RCW or by the federal government for purposes similar to those of licensure under Chapter 22.09 RCW;((,)) and

3. ((that h))Handles less than or equal to ten (10) million bushels of grain annually.((, registration or a registration fee shall not be required again unless the licensed capacity of the stationary source increases to greater than 10 million bushes of grain annually. The stationary source is subject to all other applicable requirements of this Regulation.))

(b) That handles greater than ten (10) million bushels annually. If the licensed capacity increases to greater than ten (10) million ((bushes)) bushels of grain annually, registration under Section 4.02 ((shall)) must be ((made)) completed, and annual registration fee paid, prior to ((the date that the stationary source)) receiving((es)) grain from the first harvest season ((that occurs)) after the date of the increase in its licensed capacity. In addition, if required under Article V ((of this Regulation)), a ((Notice of Construction and)) NOC Application must ((for Approval shall)) be filed ((with and approved)) and an Order of Approval issued by the ((Authority)) Agency prior to increasing the licensed capacity of the stationary source to greater than ten (10) million ((bushes)) bushels of grain annually.

((C. Dwellings of Four Families or Less. Fuel burning equipment that serves dwellings of four or less families is exempt from the registration requirements of this Article.))

(A) Subject to Registration. The following stationary sources and source categories are subject to registration. Emission rates in ((this)) SRCAA Regulation I, Article IV, Section 4.04 are based on uncontrolled PTE emissions, unless otherwise noted.

((1. Acid production plants, including all acids listed in Chapter 173-460 WAC.

64. Marijuana processors with direct processing of the marijuana plant and plant material (dry, cure, extract, compound, convert, package, and label usable marijuana and marijuana concentrates).))

(A) Closed Source or Emission Unit. A stationary source or emissions unit(s) is considered closed when:

(1) The owner or operator notifies the Agency using the Agency prepared and furnished notification form, within ninety (90) days after the owner or operator permanently stops or terminates processes that produce air contaminant emissions at a stationary source or emissions unit(s). Upon submittal of an Agency prepared and furnished notification form to the Agency, or receipt of a written notification from the Agency of closure, the registration status of the stationary source or emissions unit(s) becomes null and void.

(2) The owner or operator fails to pay registration fees within one hundred and twenty (120) calendar days of the original invoice date constitutes the closure of the stationary source.

(3) The Agency determines that the stationary source has gone out of business, but does not file the Agency prepared and furnished notification form.

(B) Not Operated for Two or More Years. A stationary source or emissions unit(s) that has not operated for two (2) or more years is presumed to be closed. In such cases it is up to the owner or operator to rebut the presumption. Prior to two (2) years and except as provided in Section 4.05(A) above, whether a source is closed depends on the intention of the owner or operator at the time it ceased operation, based on the following factors:

(1) The duration and cause of the cessation of operations;

(2) The maintenance or testing status of the stationary source or emissions unit(s);

(3) Whether a presence was maintained at the site during the cessation of operations; and

(4) The payment status of registration fees during the cessation of operations.

(C) Process and Control Equipment Rendered Inoperable. In the event of the closure of a stationary source or emissions unit(s), the process and pollution control equipment may remain in place and on site, but must be rendered incapable of generating emissions to the atmosphere (e.g. disconnection of power to equipment, mechanical positioning that inhibits processing; placing of padlocks on equipment to prevent operation.)

(D) Operation of Closed Source or Emissions Unit. It is unlawful for an owner or operator to continue operating a stationary source or emissions unit(s) that is considered closed.

(E) Resume Operation of Closed Source or Emissions Unit. A stationary source or emissions unit(s) resuming operation after closure must file an NOC application and receive an Order of Approval by the Agency prior to operation.

((A.))(A) Purpose. SRCAA Regulation I, Article V contains the new source review requirements for stationary and portable sources in Spokane County.

(C) NOC Required for New or Modified Stationary Sources. A NOC ((Notice of Construction)) application must be filed by the owner or operator and an ((o))Order of ((a))Approval issued by the ((permitting)) ((a))Agency prior to the establishment of any of the following stationary ((new)) source or source categories:(. For purposes of this section "establishment" shall mean to "begin actual construction", as that term is defined in Article I, Section 1.04, and "new source" shall include any modification to an existing stationary source or source category, as defined in Article I, Section 1.04. Stationary sources or source categories subject to this Section include, but are not limited to, the following:))

(1)((.)) New ((S))stationary sources ((or)) and source categories subject to the applicability criteria in Article IV, Section 4.04; ((listed in Exhibit "R" of Article IV of this Regulation, except for those that are below emission thresholds listed therein or are exempted as provided in Section 5.02.P. of this Regulation; or))

(2)((.)) Establishment of a new major stationary source as defined in WAC 173-400-710 and 173-400-810;

(3)((2.)) ((Any m))Modifications to an existing stationary source ((or source category)) which results in an increase in actual emissions or that requires an increase in either a facility-wide or a unit specific emission limit;((, except for stationary sources or source categories with actual emission increases below emission thresholds listed in Exhibit "R" of Article IV of this Regulation; or))

((3. Regardless of any other subsection of this section, a notice of construction application must be filed and an order of approval issued by the Authority prior to establishment of any of the stationary sources listed in Items 7 and 8 of Article IV, Exhibit "R"; or))

((4.a. Establishment of a new major stationary source or source category;))

(4)((b. Major)) A major modification((s)) to an existing major stationary source as defined in WAC 173-400-710 and 173-400-810 ((or source category));

((c. Establishment of a new major temporary stationary source or source category;))

((d. Major modification of a temporary stationary source or source category that is located at an existing stationary source or source category; or))

((5. Any modifications that require an increase either in a facility-wide emission limitation or a unit specific emission limit; or))

(6)((.)) Like-kind r(R))eplacement of existing emissions unit(s) ((with new or used emissions unit(s); or))

(8)((7. Restart of a)) A stationary source or ((source category after "closure or shutdown", as defined in Article I, Section 1.04)) emission unit(s) resuming operation after it has been closed per Article IV, Section 4.05;

(9)((8. Relocation of an)) An existing stationary source ((or source category, except as provided for in Section 5.02.H and as specified in Section 5.02.I; or)) that is relocated;

((9. Location for the first time of a portable, (or temporary, if applicable) stationary source or source category operates in Spokane County.))

(11)((10.)) Any stationary source ((Determination by)) the ((Authority that)) Agency determines must file ((a Notice of Construction)) NOC application and obtain an Order of Approval ((is necessary)) in order to reduce the potential impact ((from any stationary source or source category's)) of air emissions on((: the)) human health and((,)) safety, ((and/or welfare)) prevent injury to plant, animal life, and property, ((of the public,)) or which unreasonably interferes ((unreasonable interference)) with ((any other property owner's use and)) enjoyment of ((his)) life and property. ((, or damage to other property owner's property or business.))

((B. Stationary sources or source categories not subject to Section 5.02.A include those stationary sources or source categories listed in Sections 5.02.H, 5.02.I, 5.02.M and 5.02.N.1 of this Article.))

((C. The owner, operator, or their agent shall use Authority prepared and furnished application and information request forms when applying for a Notice of Construction and Application for Approval.))

(E)((D.)) Modification Review. New source review of a modification ((shall be)) is limited to the emissions unit(s) ((or units)) proposed to be added or modified at ((to)) an existing ((or modified)) stationary source ((or source category)) and the air contaminants whose ((actual)) emissions would increase as a result of the modification. Review of a major modification must comply with WAC 173-400-700 through 173-400-750 or 173-400-800 through 173-400-860, as applicable. ((NOTE: Modification, as defined in Article I, Section 1.04 of this Regulation, does not have the same meaning as a Major Modification, defined in WAC 173-400-112 and WAC 173-400-113.))

((E. New stationary sources' or source categories' emission calculations shall be based on a stationary source or source categories' "potential-to-emit", as defined in Article I, Section 1.04 of this Regulation. Modified stationary source or source category emission calculations shall be based on the increase in "actual emissions", as defined in Article I Section 1.04 of this Regulation.))

((F. The Authority implements and enforces the requirements of WAC 173-400-114 for replacement or substantial alteration of emission control technology at an existing stationary source.))

((G. A separate Notice of Construction and Application for Approval shall be filed for each new or modified stationary source, source category, or emissions control system, unless identical units are to be constructed, installed, or established and operated in an identical manner at the same facility, except that the owner or operator has the option to file one application for an entire facility, with a detailed inventory of stationary sources or source categories and their emissions related to that facility.))

((H. A Notice of Construction and Application for Approval is not required for construction, installation, establishment, modification, or alteration of stationary sources or source categories, comprised of equipment utilized exclusively in connection with any structure, which is designed for, and used exclusively as, a residence with not more than four dwelling units.))

((I. A Notice of Construction and Application for Approval is required for portable, (or temporary, if applicable) stationary sources or source categories, operating in accordance with Section 5.08 - the first time that it operates in Spokane County. Thereafter, each time that the portable or temporary stationary source or source category relocates and operates at a new site in Spokane County, it must apply for and obtain an approved Notice of Intent to Install and Operate a Temporary Stationary Source pursuant to Section 5.08.))

(F)((J.)) AOP Integrated Review. An owner or operator ((person)) seeking approval to construct or modify an air operating permit source, may elect to integrate review of the air operating permit application or amendment, required under RCW 70.94.161, and the NOC application ((Notice of Construction and Application for Approval)) required by ((this)) Article V. A NOC application ((Notice of Construction and Application for Approval)) designated for integrated review ((shall)) must be processed in accordance with the provisions in Chapter 173-401 WAC.

((K. A Notice of Construction and Application for Approval for a major modification in a nonattainment area, or for a major stationary source in a nonattainment area, is subject to the public notice requirements of Section 5.05.))

((L. An applicant filing a Notice of Construction and Application for Approval for a project described in WAC 173-400-117(2) (Special protection requirements for Class I areas) must send a copy of the application to the responsible federal land manager.))

((M. De minimis emission levels (based on Potential-To-Emit), below which a new source or stationary source category, is not subject to a Notice of Construction and Application for Approval, are listed in Exhibit "R" of Article IV of this Regulation. De minimis emission levels (based on actual emissions increase), below which a modification of an existing stationary source or source category, is not subject to a Notice of Construction and Application for Approval, are listed in Exhibit "R" of Article IV of this Regulation. The owner or operator shall maintain sufficient documentation, as required by the Authority, to verify that the new or existing stationary source or source category is entitled to continued exemption under this section.))

((N. Transfer of Ownership

3. In either of the above cases, if the stationary source or stationary source category did not have a valid Order of Approval under the prior ownership, then the owner or operator of the new source or stationary source category shall apply for, and receive approval of, a Notice of Construction prior to commencing operation.))

((O. Except where Ecology is the permitting agency pursuant to WAC 173-400-141 (PSD) or Ecology's Industrial Sector has retained specific air pollution stationary sources or source categories exclusively under their jurisdiction, pursuant to RCW 70.94.422, the Authority permits, implements and enforces WAC 173-400-112 (Requirements for new sources in nonattainment areas) and WAC 173-400-113 (Requirements for new sources in attainment areas), in Spokane County.))

(I)((P.)) Stationary Sources Exempt from Article V.

(1) The following ((new)) stationary sources are exempt from the requirement to file a NOC application ((Notice of Construction and Application for Approval))and obtain an Order of Approval, provided that the source has registered with the ((Authority (as required) per Regulation I,)) per Article IV,(())) prior to placing the source in operation:

(a)((1.)) Batch coffee roasters with a maximum rated capacity of five (5) kg ((10 lbs.)) per batch or less, unless air pollution controls are required because of documented nuisance odors or emissions.

(b)((2.)) Marijuana producers and marijuana processors.

((A.))(A) Fees. The owner or operator ((person)) filing a NOC application or PSP ((Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source)) application must ((shall)) pay ((a filing fee and plan review and approval)) fees according to SRCAA Regulation I, Article X, Sections 10.07 and 10.08. ((of this Regulation.))

((B.))(B) Fee Payment. Fees must ((shall)) be paid without regard to whether a NOC application or PSP application ((Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source application)) is approved or denied, or a threshold determination is made.

((A.))(A) NOC and PSP Information. Each NOC application or PSP application must ((Notice of Construction and Application for Approval or Notice of Intent to Install and Operate a Temporary Stationary Source shall)) be accompanied by appropriate documentation that provides a detailed description of the stationary source or portable source to enable the Agency to determine that the source or emissions unit will comply with Chapter 70.94 RCW, the rules and regulations adopted thereunder, and the Agency's regulation(s). Information must be submitted on Agency prepared and furnished forms. Such information ((shall)) must include((, but is not limited to)):

(1)((.)) The new or modified stationary source, portable source, emissions unit, or ((equipment and emissions)) control equipment ((subject to the order of approval or permission to operate));

(2)((.)) Any equipment connected to, serving, or served by the new or modified stationary source or portable source((, equipment, and emissions control equipment subject to the order of approval or permission to operate));

(3)((.)) A plot plan, including the distance to, length, width, and height of; buildings within two hundred (200) feet, or other distance specified by the ((Authority)) Agency, from the place where the new or modified stationary source or portable source ((is or)) will be installed;

(4)((.)) The proposed means for the prevention or control of the emissions of air contaminants;

(5)((.)) Estimated emissions resulting from the proposal and the basis for the estimates, or sufficient information for the ((Authority)) Agency to determine the expected emissions;

(6)((.)) Any additional information required by the ((Authority)) Agency to show that the proposed new or modified stationary source or portable source will meet the applicable air quality requirements of Chapter 70.94 RCW, the rules and regulations adopted thereunder, and the ((Authority's)) Agency's regulation(s);

(7)((.)) Any additional information required under WAC 173-400-112 or WAC 173-400-113; and

(8)((.a.)) The owner or operator ((shall)) must provide documentation that the requirements of Chapter 197-11 WAC, State Environmental Policy ((Article XI of this Regulation (Spokane Environmental Ordinance))) have been met. ((b.)) If the ((Authority)) Agency is the lead agency for review of an Environmental Checklist (SEPA) or ((Environmental Impact Statement (EIS))) EIS related to the NOC or PSP ((Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source)) application being submitted, then the ((person)) owner or operator filing the SEPA ((shall)) must pay a SEPA review fee according to SRCAA Regulation I, Article X, Section 10.07 ((.E. of this Regulation)). This fee ((shall)) must be paid without regard to the final SEPA determination. ((whether a Determination of Nonsignificance, Mitigated Determination of Nonsignificance or Determination of Significance is issued.)) The cost of publishing any required public notice must be paid by the owner or operator.

((B.))(B) Signature. Each NOC or PSP ((Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source)) application ((shall)) must be signed by the owner((,)) or operator((, or their agent)) of the new or modified stationary source or portable source.

((A.))(B) Public Notice of Application.

(1)((.N)) A notice ((shall)) must be published on the ((Authority's)) Agency's ((Internet)) web site announcing the receipt of NOC ((Notice of Construction)) applications and PSP applications. (((including the first time that a portable stationary source (or temporary stationary source, if applicable) operates in Spokane County) and other proposed actions.)) Notice ((shall)) will be published for a minimum of fifteen (15) consecutive days. Duration does not require uninterrupted web site access. ((Publication of a notice on the Authority's website at the time of application receipt is not required for any application or proposed action that automatically requires a public comment period pursuant to Subsection B. of this Section. In the event that publication on the Authority's Internet website does not occur for the prescribed time period, notice will be published for a minimum of one (1) day in a newspaper of general circulation in the area of the proposed action. Each notice shall, at a minimum, include the following information:)) Each notice will include the following information:

(a)((.)) Notice of the receipt of the application; ((The name and address of the owner or operator and the affected facility;))

(b)((.)) The type of ((A brief description of the)) proposed action;

(c)((.)) ((Authority contact information;

d.)) A statement that the public may request a public comment period on the proposed action per Article V, Section 5.05 (B)(2). ((will be provided upon request pursuant to Section 5.05.C of this Article; and

e. The date by which a request for a public comment period is due.))

(2)((.)) Requests for a thirty (30) day public comment period concerning applications, orders, proposed projects, or actions must ((shall)) be submitted to the ((Authority)) Agency in writing via letter, fax, or electronic ((mail)) means within fifteen (15) days of the posting date on the Agency's web site.

(a) A thirty (30) day public comment period ((shall)) must be provided per Article V, Section 5.05(D) ((pursuant to Subsection C. of this Section)) for any application or proposed action that receives such a request.

(b) Any application or proposed action for which a thirty (30) day public comment period is not requested may be processed without further public involvement at the end of the fifteen (15) day comment period referenced in Section 5.05 (B)(1).

((B.))(C) Mandatory ((p))Public ((c))Comment ((p))Period. ((1.)) A thirty (30) day public comment period ((shall)) must be provided per Article V, Section 5.05(D) ((pursuant to Subsection C. of this Section)) before approving or denying any of the following:

((a. Any Notice of Construction application (this includes the first time that a portable stationary source (or temporary stationary source, if applicable), operates in Spokane County) for a new or modified "stationary source" or emission unit that results in a "significant", as defined in Section 1.04 of this Regulation, net increase, in emissions (actual or potential-to-emit) of any air contaminant regulated by state or federal law;))

(4)((b. Any u)) Use of a modified or substituted air quality model, other than a guideline model in Appendix W of 40 CFR Part 51, ((as amended,)) as part of review under Article V, Sections 5.02 and 5.08 ((and 5.02 of this Article)), WAC 173-400-112, WAC 173-400-113, or WAC 173-400-117((, or WAC 173-400-141));

(5)((c.)) Any order to determine RACT;

((d. Any order in which public notice is required by state (WAC 173-400-171) or federal (40 CFR 51.161), laws or regulations;))

((e. Any order for a proposed new or modified stationary source that would cause an annual increase of ten (10) tons or more of any air contaminant or precursor, for which ambient air quality standards have been established, or of any toxic air pollutant, as defined in Article I, Section 1.04 of this Regulation;))

((f. Any order for which the applicant requests approval of a risk analysis pursuant to Chapter 173-460 WAC;))

(6)((g.)) An((y)) order to establish a compliance schedule or a variance. A variance shall be in accordance with Regulation I, ((handled as provided in)) Article III ((of this Regulation));

(7)((h.)) An((y)) order to demonstrate the creditable height of a stack which exceeds the GEP formula height and sixty-five (65) meters, by means of a fluid model or a field study, for the purposes of establishing an emission limitation;

(8)((i.)) An((y)) order to authorize a bubble, ((pursuant)) under to RCW 70.94.155 and WAC 173-400-120;

(9)((j.)) An((y)) action to ((order used to establish)) discount the value of an ERC issued to a source per WAC 173-400-136; ((a creditable emission reduction, pursuant to WAC 173-400-131;))

(12)((k.)) An((y)) order issued under WAC 173-400-091 that ((which)) establishes limitations on ((a "stationary source's" potential-to-emit)) PTE;

(13)((l.)) An((y)) extension of the deadline to begin actual construction of a (("))major stationary source((")) or ((")) major modification((")) in a nonattainment area;

((m. Any change in conditions of an existing Notice of Construction determination, except for Sections 5.10.E.1 and 5.10.E.5 of this Regulation;))

((n. Any Notice of Construction application (this includes the first time that a portable stationary source (or temporary stationary source, if applicable), operates in Spokane County) for which request for public comment opportunity is made pursuant to Subsection A. of this Section; or))

(16)((o.)) An((y)) NOC ((Notice of Construction)) application or other proposed action for which the ((Authority)) Agency determines there is a ((substantial)) significant public interest.

((p. Any Notice of Construction application designated for integrated review that includes a PSD permit application, an application for a "major modification" in a nonattainment area, or an application for a "major stationary source" in a nonattainment area must also comply with the public notice requirements of WAC 173-400-171 and this Section of this Regulation.))

(D)((C.)) Public ((c))Comment ((p))Period.

(1)((.)) After all information required by the Agency has been submitted and applicable preliminary determinations, if any, have been made, a((A)) public comment period on actions listed under Section 5.05(C) must ((shall)) be provided for a minimum of thirty (30) days following the date the notice is first published on the Agency web site . If a public hearing is held, the comment period must extent through the hearing date. ((only after all information required by the Authority has been submitted and after applicable preliminary determinations, if any, have been made.))

(2)((.)) Availability for public inspection.

(a) Administrative record. The information submitted by the ((applicant)) owner or operator, and any applicable preliminary determinations, including analyses of the effect(s) on air quality, ((shall)) must be available for public inspection in at least one (1) location near the proposed project or on the Agency web site for the duration of the public comment period. Duration does not require uninterrupted web site access.

((Exemptions from this requirement include information protected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205 and Article II, Section 2.03 of this Regulation.))

(3)((.)) Publication of comment period notice.

(b) The Agency may supplement Agency web site notification by advertising ((Notice shall be published)) in a newspaper of general circulation in the area of the proposed action or by other methods appropriate to notify the local community. ((project for a minimum of one (1) day. For applications or actions subject to a public comment period pursuant to Subsections B.1.n. or B.1.o. of this Section, publication on the Authority's Internet homepage for a minimum of thirty (30) days may be substituted for newspaper publication.))

(4) Notice for a public comment period ((shall)) must include the following information:

(b)((4.)) The name and address of the owner or operator and the affected facility;

(c)((a.)) A brief description of the proposal and the type of facility, including a description of the facility's processes subject to the permit;

(e)((b.)) The location where those ((of the)) documents made available for public inspection may be reviewed;

(f)((c.)) State date and end date for the ((Identification of a)) thirty ((-)) (30) day public comment period ((for submitting written comment to the Authority));

(g)((d.)) A statement that a public hearing may be held if the ((Authority)) Agency determines within a thirty (30) ((-)) day period that significant public interest exists;

(j)((e.)) Any other information required under state or federal laws or regulations.((;))

((f. The length of the public comment period in the event of a public hearing; and))

((g. For projects subject to special protection requirements for federal Class I areas in WAC 173-400-117 (5)(c), the comment period notice shall explain the Authority's decision.))

(5)((.)) The cost of publishing any public notice required by ((this)) Article V, Section 5.05 must ((shall)) be paid by the owner or operator ((applicant)).

(6)((.)) EPA ((N))notification. The Agency must send a copy of the notice for all actions subject to a mandatory public comment period to the EPA Region 10 regional administrator. ((A copy of the comment period notice shall be sent to the EPA Region 10 Regional Administrator.))

(7)((.)) Consideration of public comment. The ((Authority))Agency ((shall)) must make a ((no)) final decision after the ((on any application or other action for which a)) public comment period has ((been provided until the public comment period has)) ended and ((any)) comments received have been considered.

(8)((.)) Public hearings.

(a) The owner or operator, any interested governmental entity, group, or ((Any)) person may request a public hearing within the thirty (30)((-))day public comment period. All hearing requests must be submitted to the Agency in writing via letter, fax, or electronic means. A request must ((Each request shall)) indicate the interest of the ((party)) entity filing it and why a hearing is warranted.

(b) The ((Authority)) Agency may hold a public hearing if it determines significant public interest exists. The ((Authority)) Agency will determine the location, date, and time of the public hearing. If a public hearing is held, the public comment period ((shall)) will extend through the hearing date and thereafter for such period, if any, as the notice of public hearing may specify.

(E)((D.)) Public ((i))Involvement for ((i))Integrated ((r))Review with an Air ((o))Operating ((p))Permit. Any NOC ((Notice of Construction)) application designated for integrated review with an application to issue or modify an operating permit ((shall)) must be processed in accordance with the operating permit program procedures and deadlines (Chapter 173-401 WAC), as adopted by reference.

(F)((E.)) Other ((r))Requirements of ((l))Law. Whenever procedures permitted or mandated by law will accomplish the objectives of public notice and opportunity for comment, those procedures may be used in lieu of the provisions of this Section (e.g., SEPA). ((This Subsection does not apply to applications for a "major modification" or a "major stationary source."))

(G)((F.)) Information for Public Review. ((information.)) All information ((is)) must be made available for public inspection at the ((Authority))Agency, including copies of NOC applications, Orders of Approval, regulatory orders, and modifications thereof. ((except)) Exemptions from this requirement include information protected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205 and Regulation I, Article II, Section 2.03. ((of this Regulation. Such information includes copies of Notice of Construction applications, orders of approval, regulatory orders, and modifications thereof.))

(A)((A.)) Application Complete or Information Required.

(1) Within thirty (30) days of receipt of a NOC or PSP ((Notice of Construction and Application for Approval or PSD permit)) application (((PSD permits are Ecology's jurisdiction))), the ((Authority)) Agency ((shall)) must notify the owner or operator ((applicant)) in writing that the application is complete or ((notify the applicant in writing)) of any additional information necessary((, based on review of information already supplied,)) to complete the application. Designating an application complete for purposes of NOC or PSP application processing does not preclude the Agency from requesting or accepting any additional information.

((1. For a project subject to PSD review under WAC 173-400-141 by Ecology, an NOC application is not deemed complete by the Authority until the application provides all information required to conduct the PSD review and a final determination on the PSD permit, by Ecology has been issued. The Authority shall ensure that its Notice of Construction review of the project is coordinated with Ecology's PSD review.))

(2)((.)) For a project subject to the ((S))special protection requirements for ((f))Federal Class I areas ((in))under WAC 173-400-117(2), a completeness determination includes a determination that the application includes all information required for review of that project under WAC 173-400-117(3). The owner or operator must send a copy of the application and all amendments to the application to EPA and the responsible federal land manager.

((B. The owner or operator shall supply sufficient information to enable the Authority to determine that the project will comply with Chapter 70.94 RCW the rules and regulations adopted thereunder, and the Authority's regulation(s).))

(B)((C.)) Fee Payment. As a condition of completeness determination, the ((Authority)) Agency ((may)) requires payment of applicable fees((, or a portion thereof, pursuant to)) per SRCAA Regulation I, Article X, Section 10.07 (( of this Regulation)).

(A)((A.)) For ((n))New or ((m))Modified ((s))Stationary ((s))Sources((,)).

(2)((1.)) Within sixty (60) days of receipt of a complete NOC application ((Notice of Construction and Application for Approval)), the((Authority)) Agency ((shall)) must either issue a final determination on the application or, when required, ((for those proposals subject to public notice requirements,)) initiate public notice and comment procedures under Article V, Section 5.05. ((If state or federal regulations require public notice, the public notice shall occur in a manner that complies with both Section 5.05 and those sections of the state or federal regulations that are applicable.)) The ((Authority)) Agency ((shall)) must issue a final determination as promptly as possible after the close of the comment period.

(3)((2.)) The final determination may include:

(a)((.)) An ((o))Order of ((d))Denial, if ((it is found that)) the proposal is not in accordance with Chapter 70.94 RCW, the rules and regulations adopted thereunder, and the ((Authority's)) Agency's regulation(s); or

(b)((.)) An ((o))Order of ((a))Approval which may provide reasonable conditions necessary to assure ((maintenance of)) compliance with Chapter 70.94 RCW, the rules and regulations adopted thereunder, and the ((Authority's)) Agency's regulation(s).

(4)((3.)) ((Every)) The final determination on a NOC application must ((Notice of Construction and Application for Approval shall)) be reviewed((, prior to issuance,)) and signed by a professional engineer prior to issuance ((or staff under the direct supervision of a professional engineer in the employ of the Authority)).

(6)((4.)) If the new source is a major stationary source, or the change is a major modification subject to the requirements of WAC 173-400-800 through 860, ((as defined in WAC 173-400-112, where the new source is located inside of a non-attainment area,)) the ((Authority)) Agency ((shall)) must:

(a)((.)) Submit any ((Lowest Achievable Emission Rate ())LAER(())) control ((technology)) equipment determination((, for any non-attainment criteria pollutant of concern and/or its precursor, that is)) included in a final ((o))Order of ((a))Approval to the RACT/BACT/LAER Clearinghouse maintained by the EPA; and

(b)((.)) Send a copy of the final ((o))Order of ((a))Approval, with the LAER control ((technology))equipment determination, to EPA.

(7)((5.)) The owner or operator of a stationary source ((shall)) must not (("commence" construction or "))begin actual construction((", as those terms are defined in Article I, Section 1.04 of this Regulation,)) until the ((Authority)) Agency approves the NOC application and issues an Order of ((Notice of Construction and Application for)) Approval.

((6. The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order under this section shall not relieve any person from the obligation to comply with applicable emission control requirements or with any other provision of law.))

(B)((B.)) Replacement or ((s))Substantial ((a))Alteration of ((emission c))Control ((e))Equipment. ((1. Any person)) An owner or operator proposing to replace or substantially alter the ((emission)) control ((technology)) equipment installed on an existing (("))stationary source((")) or emission unit ((shall)) must file an ((Notice of Construction)) NOC application with the ((Authority)) Agency. A project to replace or substantially alter control technology at an existing stationary source that results in an increase in emissions of any air contaminant is subject to new source review as provided in Section 5.07(A). For any other project to replace or substantially alter control equipment, the requirements of 5.07 (B)(1) through (5) apply. Replacement or substantial alteration of control equipment does not include routine maintenance, repair, or similar parts replacement. ((If the replacement or substantial alteration meets the definition of "new source" or "modification" then the "new source" emissions standards of Article V, Section 5.02 through 5.07.A., WACs 173-400-112 or 400-113 shall apply. If the replacement or substantial alteration does not meet the definition of "new source" or "modification", then the requirements in B.2. through B.9. of this Section shall apply.))

((2. For projects not otherwise reviewable under Article V, Sections 5.02 through 5.07.B.1; Subsections B.2. through B.9. of this Section shall apply.))

((3. Within thirty (30) days of receipt of a notice of construction application under this section the Authority shall either notify the applicant in writing that the application is complete or that additional information is necessary to complete the application.))

(1)((4.)) Within thirty (30) days of receipt of a complete ((Notice of Construction)) NOC application, ((under this section the Authority shall)) the Agency must ((either)) issue a final determination. The final determination may include:

(a)((a)) An ((o))Order of ((a))Approval((,));

(b)((a)) An ((o))Order of ((d))Denial((,)); or

(c)((a)) A proposed RACT determination for the ((proposed)) project((, pursuant to)) per WAC 173-400-114.

(2)((5.)) The final determination may:

(a)((.)) Require that the owner ((of)) or operator employ RACT for the affected emissions unit;((, and))

(b)((.)) Prescribe reasonable operation and maintenance conditions for the control equipment;((,)) and

(c)((.)) Prescribe other requirements as authorized by Chapter 70.94 RCW.

(3)((6. Prior to issuance, the Notice of Construction)) The final determination on a NOC application must ((shall)) be reviewed and signed by a professional engineer prior to issuance. ((or staff under the direct supervision of a professional engineer in the employ of the Authority.))

(5)((7. Replacement or substantial alteration)) Construction shall not commence until the ((Authority)) Agency approves the NOC application and issues an Order of Approval. However, any NOC application ((Notice of Construction and Application for Approval,)) filed under Section 5.07(B) ((5.08.B.2 through Section 5.08.B.9)), shall be deemed to be approved without conditions, if the ((Authority)) Agency takes no action within thirty (30) days of receipt of a complete application.

((8. Replacement or substantial alteration of control technology does not include routine maintenance, repair or similar parts replacement.))

((9. Replacement or substantial alteration of control technology shall not cause a violation of applicable ambient air quality standards and, if in a nonattainment area, shall not interfere with scheduled attainment of national ambient quality standards.))

(A)((A.)) PSP Required for New or Modified Portable Sources.

(1)((. Except as otherwise provided in 5.08.G of this Article, for)) A PSP application must be filed by the owner or operator and an Permission to Operate issued by the Agency prior to the establishment of any portable -((stationary)) sources, which locate temporarily at ((specific sites)) locations in Spokane County. Exemptions are provided in Section 5.08(D).((, the owner or operator, or their agent shall obtain a Notice of Construction and Application for Approval the first time that the portable stationary source operates in Spokane County. This Notice of Construction shall be subject to the same requirements of a new source.))

(2)((.)) ((Thereafter, e))Each time that ((the)) a portable ((stationary)) source will relocate((s and)) to operate((s)) at a new ((site)) location in Spokane County, the owner or operator ((of said portable stationary source)) must submit a PSP application ((apply for)) and obtain an approved ((Notice of Intent to Install and Operate a Temporary Stationary Source)) Permission to Operate issued by the Agency.

(3)((. The owner or operator, or their agent shall file the Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source (NOI))) The PSP application must be filed at least fifteen (15) ((ten (10))) calendar days prior to ((starting the operation)) operating at a new location.

(4)((. The owner or operator shall apply for the NOC or NOI on Authority prepared and furnished application and information request forms and obtain an order of approval or permission to operate, respectively from the Authority prior to operating at the site. Sufficient information, equivalent to the information required in Section 5.04.A of this Article, shall be supplied by the owner or operator, or their agent to enable the Authority to determine that the operation will be in accordance with Chapter 70.94 RCW, the rules and regulations adopted thereunder, and the Authority's regulation(s).)) Information required in Article V, Section 5.04, must be supplied by the owner or operator to enable the Agency to determine that the operation is in accordance with Chapter 70.94 RCW, the rules and regulations adopted thereunder, and the Agency's regulation(s).

(6)((5. Except for nonroad engines, based on the source type and emission quantity, temporary stationary sources, not covered under Section 5.08.A.1, may be subject to new source review at the discretion of the Authority.)) Nonroad engines are reviewed under the following:

(B)((B.)) Permission to Operate.

(1) Permission to ((o))Operate may be granted((,)) subject to ((reasonable)) conditions necessary to assure compliance with Chapter 70.94RCW, the rules and regulations adopted thereunder, and the ((Authority's)) Agency's regulation(s). If any conditions listed in Article V, Section 5.05(C) ((Subsection 5.05.B.)) are applicable to the proposal, a public comment period ((shall)) must be held ((pursuant)) according to Section 5.05(D)((.C)).

((C.))(2) Permission to ((o))Operate may be granted for a limited time, but in no case ((shall a temporary or portable stationary source remain at a location)) remains effective for more than three hundred sixty-four (364) ((twelve)) consecutive ((months,)) days from the Permission to Operate approval date. If operation will exceed three hundred sixty-four (364) days, the owner or operator must submit an NOC application per Section 5.02, and receive an Order of Approval per Section 5.07. ((without first obtaining an approved Notice of Construction and Application for Approval.))

(C)((D.)) Permission to ((o))Operate ((shall be)) Becomes ((i))Invalid if:

(1)((.)) Construction, installation, or operation does not begin within ninety (90) days of receipt of ((permission; or)) Permission to Operate, unless approved by the Agency;

(2)((.)) The operation is removed from the site((.));

((E. Installation or operation of a temporary or portable stationary source shall not commence until the Authority approves the Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source application, whichever applies.))

((F. A temporary or portable stationary source, that is required to go through new source review, shall comply with the emission standards for a new source (including BACT or LAER, whichever is applicable under Sections 5.09.C & D) (except nonroad engines) and shall not cause a violation of applicable ambient air quality standards and, if in a nonattainment area, shall not interfere with scheduled attainment of national ambient quality standards.))

(D)((G.)) Portable Sources ((The following operations are e)) Exempt from ((this)) Article V, Section 5.08.

1. Abrasive blasting. ((units that operate at a site for less than 30 days in any 12-month period and as excepted in Exhibit R.2. Abrasive blasting units anticipated to operate more than 30 days in any 12-month period, but less than 1 year are subject to the requirements of this Section, except where the owner, operator ,of an abrasive blasting unit, either establishes a permanent facility or operates an abrasive blasting unit at a site for more than 365 consecutive days, in which case, a Notice of Construction and Application for Approval must be approved by the Authority's, prior to establishment of said unit or facility.))

2. Rock drilling operations.

3. Blasting operations.

4. Woodwaste chipping and grinding operations ((that operate at a site for less than 30 days in any 12-month period)), except for operations that establish a permanent collection, storage, ((and/))or processing facility at a site or sites for purpose of future processing,((. All other woodwaste chipping and grinding operations are subject to the requirements of new source review and the owner or operator)) must obtain the ((Authority's)) Agency's approval of a NOC application ((Notice of Construction)), prior to establishment of the stationary source.

(b)((5.)) Soil and groundwater remediation projects that ((have insignificant air pollution impacts, as defined in Exhibit "R" of Article IV of this Regulation)) emit pollutants below those presented in Article IV, Section 4.04 (A)(5)(a) though (d).

(c)((6.)) All nonroad engines associated with portable rock crushing operations, portable asphalt production operations, and portable concrete production operations. ((compression ignition engines.))

(E)((H.)) Prevention of Significant Deterioration. Except for nonroad engines, a ((temporary or)) portable ((stationary)) source that is considered a major stationary source or major modification within the meaning of WAC 173-400-113, must also comply with the requirements in WAC 173-400-700 through 750, as applicable. ((173-400-141.)) If a portable source is locating in a nonattainment area and if the portable source emits the pollutants or pollutant precursor for which the area is classified as nonattainment, the portable source must acquire a site-specific Order of Approval.

(A)((A.)) Proper Operation and Maintenance. All equipment, machines, devices, and other contrivances, constituting parts of, or called for ((by plans, specifications or other))in the information submitted ((pursuant to))per SRCAA Regulation I, Article V, Sections 5.02, 5.04, and 5.08 ((shall))must be properly operated and be maintained in good working order. The control equipment must be((and)) operated at all times that air contaminant emissions may occur, except as otherwise provided in the Order of Approval or Permission to Operate.((unless otherwise specified by the Authority.))

(B)((B.))Compliance. All conditions of approval((,)) established ((pursuant to))under Article V, Sections 5.07 and 5.08((, shall))must be complied with.

((C. All new and modified stationary sources shall employ Best Available Control Technology (BACT), and if applicable, Toxic Best Available Control Technology (TBACT). A new major stationary source or major modification, shall employ the lowest achievable emission rate (LAER) for the contaminants for which the area has been designated nonattainment and for which the proposed new source or modification is major.))

((D. In no event shall the application of RACT, BACT, TBACT, or LAER permit a new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable federal or state standard or regulation.))

(A)((A.)) Constructed or Operated Differently than Approved Order. The ((Authority)) Agency may revoke, revise, or suspend an ((o))Order of ((a))Approval, coverage under a GOA, or a P((p))ermission to ((o))Operate ((a temporary stationary source, an order of approval for substantial replacement or alteration of emissions control equipment installed on an existing stationary source, or changes thereto,)) if the ((Authority)) Agency determines ((that)) the stationary or portable source is not constructed, installed, or operated as described in the application and information request forms. ((Notice of Construction and Application for Approval, or Notice of Intent to Install and Operate a Temporary Stationary Source, or changes thereto, including the plans, specifications, or other information submitted therewith. Such proceedings shall follow the same process that apply to the initial issuance of the order of approval or permission to operate.))

((B. In addition to revocation, revision or suspension of an order of approval or permit to operate of a stationary source, the Authority may issue a Notice of Violation (NOV) in accordance with RCW 70.94.211.))

(1)((C.)) The owner or operator may request, at any time, a change in conditions of an ((o))Order of ((a))Approval or ((p))Permission to ((o))Operate ((a temporary stationary source)) and the ((Authority)) Agency may approve such a request provided the ((Authority)) Agency finds ((that)) the criteria given in Section 5.07(A), as applicable, has been met:

((1. The change in conditions will not cause the stationary source to exceed an emissions standard;))

((2. No national ambient air quality standard shall be violated or if in a nonattainment area, shall not interfere with scheduled attainment of national ambient quality standards as a result of the change;))

((3. The change will not adversely impact the ability of the Authority to determine compliance with an emissions standard;))

((4. The revised order of approval or permission to operate will continue to require BACT, as defined at the time of the original order of approval or permission to operate, for each new source approved by the order of approval or permission to operate, except where the Federal Clean Air Act requires LAER; and))

((5. The revision meets the requirements of Article V of this Regulation, WAC 173-400-112, WAC 173-400 -113 and WAC 173-400-141, as applicable.))

((D.))(3) Fee payment. The owner or operator requesting changes to an Order of Approval or Permission to Operate per Section 5.10 must pay applicable ((A)) fees, as established in SRCAA Regulation I, Article X, Section 10.07. ((of this Regulation, shall be assessed to, and paid by, the applicant for requests pursuant to Subsection 5.10.C.))

(D)((E.)) Agency Initiated Changes in Conditions.

(1) (("))Order of ((a))Approval((")) and (("p))Permission to ((o))Operate((")) revisions may be initiated by the ((Authority)) Agency, without fees charged to the owner or operator, provided the owner or operator of ((as long as)) the stationary source ((continues to comply)) has complied with all applicable requirements of Chapter 70.94 RCW, the rules and regulations adopted thereunder, and the ((Authority's)) Agency's regulation(s), and the ((Authority)) Agency determines ((that)) the ((o))Order of ((a))Approval or ((permit)) Permission to ((o))Operate has:

((1.)) (a) ((has t))Typographical errors;((, or))

((2.)) (b) ((has c))Conditions listed therein that are technically infeasible ((ineffective or unreasonable, or))

((3. has conditions that no longer apply because the affected stationary source or associated process or process materials have been significantly altered, or))

((4.))(c) ((has conditions that no longer apply due to revisions to federal, state, or local laws or regulations, or)) Additional or revised provisions that are needed to ensure compliance with Chapter 70.94 RCW, the rules and regulation adopted thereunder by the state or Agency, and federal regulations; or

((5.))(d) Inaccurate ((does not accurately show current)) ownership information including((,)) name, address, phone number, or ((there are)) other minor administrative inaccuracies.

(2)((F.)) The ((Authority)) Agency may not modify, delete, or add conditions to an existing ((o))Order of ((a))Approval or ((permit)) Permission to ((o))Operate under Article V, Section 5.10(D)((.E)), unless the owner or operator is notified in writing at least thirty (30) days in advance of the effective date of the change. Modified, deleted or added conditions may be appealed in accordance with Chapter 43.21B RCW.

(E)((G.)) Public Notice of Changes in Conditions. Changes to conditions in an ((o))Order of ((a))Approval or Permission to Operate ((for a new source, for modifications to an existing stationary source, and replacement or substantial alteration of emission control equipment of an existing stationary source)) are subject to the public involvement provisions of Article V, Section 5.05 ((of this Regulation)).

((H. This Article does not prescribe the exact form that change of condition requests must take. However, if the request is filed on an order of approval, that application must be acted upon consistent with the timelines in Sections 5.06 and 5.07 or if a permit to operate, consistent with Section 5.08 of this Article.))

After obtaining an Agency issued Order of Approval or Permission to Operate, the((The)) owner or operator ((of the new, modified, or temporary stationary source, or replacement or substantial alteration of emission control equipment at an existing stationary source shall))must notify the ((Authority))Agency at least seven (7) days prior to the ((stationary source's)) expected start-up date.((, or a shorter time, if approved by the Authority.))

(A)((A.))Compliance Investigation Fee. The Agency may assess a compliance investigation fee to the owner or operator for operating a stationary source, portable source, or control equipment without an approved Agency Order of Approval, GOA, or Permission to Operate. The compliance investigation fee established in SRCAA Regulation I, Article X, Section 10.07, is in addition to the fees required in Article V, Section 5.03 as a part of the NOC, GOA, or PSP review. The compliance investigation fee applies when: ((Except as provided for in Subsection 5.02.H and 5.02.M, when:))

(1)((.)) A stationary source is constructed, installed, modified, or operated prior to receiving an Order of Approval ((approval of a Notice of Construction application)) from the ((Authority))Agency or coverage under a GOA; ((or))

(2)((.))((Emission c))Control equipment is replaced, installed, or substantially altered on an existing stationary source prior to receiving an Order of Approval((approval of a Notice of Construction application)) from the ((Authority))Agency; or

(3)((.)) A ((temporary or)) portable ((stationary)) source is established or startup((installed or operated)) at a ((site))location prior to receiving a Permission to Operate ((approval of either a Notice of Construction or Notice of intent to Establish a Temporary Stationary Source application)) from the ((Authority))Agency.((, whichever is appropriate;))

(B) Compliance with SRCAA Regulation I.((the Authority may assess a compliance investigation fee to the owner or operator, in addition to the fees required in Sections 5.03 and 5.08 of this Regulation as a part of the Notice of Construction or Notice of intent to Establish a Temporary Stationary Source review. The compliance investigation fee is established in Section 10.07 of this Regulation.)) Payment of the compliance investigation fee does not relieve any person from the requirement to comply with applicable regulations, nor from any penalties for failure to comply.

(A)((A.)) Time Limit. An ((o))Order of ((a))Approval, issued ((pursuant to)) under SRCAA Regulation I, Article V, Section 5.07 ((or 5.08.A.1 shall)) becomes invalid if:

(1)((.)) Construction is not commenced within eighteen (18) months after the receipt of the approval;((, or))

(2)((.)) Construction is discontinued for a period of eighteen (18) months or more;((,)) or

(3)((.)) Construction is not completed within eighteen (18) months of commencement.

(B)((B.)) Extension. The((Authority)) Agency may grant an extension beyond the ((extend an)) eighteen (18)((-))month period, as provided for in Article V, Section 5.13(A)((.A)), upon a satisfactory showing that an extension is justified. The ((Authority)) Agency may approve such a request provided that:

(1)((.)) No new requirements, such as ((New Source Performance Standards)) NSPS (40 CFR Part 60), ((National Emissions Standards for Hazardous Air Pollutants)) NESHAP (40 CFR Parts 61 and 63), or state and local regulations, have been adopted ((pursuant to)) under Chapter 70.94 RCW or the ((Federal Clean Air Act)) FCCA (42 USC 7401 et seq.) which would change the ((o))Order of ((a))Approval, had it been issued at the time of the extension;((and))

(2)((.)) ((If there is a)) No control ((technology)) equipment required ((requirement, pursuant to sections)) per WAC 173-400-112, WAC 173-400-113, or WAC 173-400-114; or Article V, ((Section 5.09.C of this Article; that no technologies)) have been subsequently identified which would change the ((o))Order of ((a))Approval, had it been issued at the time of the extension; ((and))

(3)((.)) The information presented in the NOC application, ((Notice of Construction and Application for Approval and)) associated documents, and the determinations ((that were made)) by the((Authority)) Agency during review of the application continue to accurately represent the design, configuration, equipment, and emissions of the proposed stationary source; and

(4)((.)) The applicant certifies that the stationary source will comply with all applicable requirements of Chapter 70.94 RCW, the rules and regulations adopted thereunder, and the ((Authority's)) Agency's regulation(s).

(C)((C.)) Phased Projects. Article V, Section 5.13(A) ((Subsection 5.13.A.)) does not apply to the time period between construction of the approved phases of a phased construction project. Each construction phase must commence construction within eighteen (18) months of the projected and approved commencement date.

((A.)) Appeals. Decisions and orders of the Agency ((An order of approval, permission to operate, conditions and change thereto, revocation, revision, or suspension thereof, or order of denial of an application for installation and operation of a stationary source)) may be appealed to the ((Pollution Control Hearings Board)) PCHB of Washington within thirty (30) calendar days of receipt, as provided in Chapter 43.21B RCW((.))

((B. The Authority shall promptly mail a copy of each order, approving, denying, revoking, revising, or suspending an Order of Approval or Permit to Operate, to the applicant and to any other party who submitted timely comments on the action. The approval, denial, revocation, revision, or suspension order shall include a notice advising the parties of their rights of appeal to the Pollution Control Hearings Board)) and, where applicable, to the U.S. EPA Environmental Appeals Board.

((A.)) The absence of an ordinance, resolution, rule or regulation, or the failure to issue an order ((pursuant to this)) per SRCAA Regulation I, Article V does ((shall)) not relieve any person from the obligation to comply with ((this)) Regulation I or with any other provision of law.

((A.))(A) Purpose. ((())[WAC 173-425-010(1-3)](()))

((This Section)) SRCAA Regulation I, Article VI, Section 6.01 establishes controls for outdoor burning in Spokane County in order to:

(1)((.)) Minimize or prohibit outdoor burning to the greatest extent practicable.

(2)((.)) Minimize or eliminate the impact of emissions from outdoor burning by defining conditions under which outdoor burning may be conducted.

(3)((.)) Encourage the development and specify the use of reasonable alternatives to outdoor burning. Reasonable alternatives are methods for disposing of organic refuse (such as natural vegetation) that are available, reasonably economical, and less harmful to the environment than burning.

(4)((.)) Geographically limit outdoor burning in order to assure continued attainment of the ((National Ambient Air Quality Standards)) NAAQS for carbon monoxide (CO) and fine particulate matter (PM2.5) as specified in 40 CFR Part 50.

((B.))(B) Applicability. ((())[WAC 173-425-020](()))

(1)((. This)) Article VI, Section 6.01 applies to all outdoor burning in Spokane County except:

(a)((.)) Silvicultural burning. ((())[RCW 70.94.6534(1) & Chapter 332-24 WAC](()))

Silvicultural burning is related to the following activities for the protection of life or property and/or the public health, safety, and welfare:

((i))1. Abating a forest fire hazard;

((ii))2. Prevention of a forest fire hazard;

((iii))3. Instruction of public officials in methods of forest firefighting;

((iv))4. Any silvicultural operation to improve the forest lands of the state; and

((v))5. Silvicultural burning used to improve or maintain fire ((dependant)) dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.

(b)((.)) Agricultural Burning. ((())[Article VI, Section 6.11] ((of this Regulation)))

Agricultural burning is burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, necessary to destroy weeds or crop residue along farm fence rows, irrigation ditches, or farm drainage ditches, or where identified as a best management practice by the agricultural burning practices and research task force established in RCW 70.94.6528 or other authoritative source on agricultural practices.

(c)((.)) Any outdoor burning on lands within the exterior boundaries of Indian reservations (unless provided for by intergovernmental agreement).

(2)((.This)) Article VI, Section 6.01 specifically applies to:

(a)((.)) Firefighting Instruction Fires.

((i))1. Aircraft Crash Rescue Fire Training, Section 6.01 (D)(1)(a)((. (Section 6.01.D.1.a)))

((ii))2. Extinguisher Training, Section 6.01 (D)(1)(b)((. (Section 6.01.D.1.b)))

((iii))3. Forest Fire Training, Section 6.01 (D)(1)(c)((. (Section 6.01.D.1.c)))

((iv))4. Structural Fire Training, Section 6.01 (D)(1)(d). (((Section 6.01.D.1.d)))

((v))5. Types of Other Firefighting Instruction Fires, Section 6.01 (D)(1)(e). (((Section 6.01.D.1.e)))

(b)((.)) Fire Hazard Abatement Fires, Section 6.01 (D)(2)((. (Section 6.01.D.2)))

(c)((.)) Flag Retirement Ceremony Fires, Section 6.01 (D)(3)((. (Section 6.01.D.3)))

(d)((.)) Indian Ceremonial Fires, Section 6.01 (D)(4)((. (Section 6.01.D.4)))

(e)((.)) Land Clearing Fires, Section 6.01 (D)(5)((. (Section 6.01.D.5)))

(f)((.)) Rare and Endangered Plant Regeneration Fires, Section 6.01 (D)(6)((. (Section 6.01.D.6)))

(g)((.)) Recreational Fires, Section 6.01 (D)(7)((. (Section 6.01.D.7)))

(h)((.)) Residential Fires, Section 6.01 (D)(8)((. (Section 6.01.D.8)))

(i)((.)) Social Event Fires, Section 6.01 (D)(9)((. (Section 6.01.D.9)))

(j)((.)) Storm or Flood Debris Fires, Section 6.01 (D)(10)((. (Section 6.01.D.10)))

(k)((.)) Tumbleweed Fires, Section 6.01 (D)(11)((. (Section 6.01.D.11)))

(l)((.)) Weed Abatement Fires, Section 6.01 (D)(12)((. (Section 6.01.D.12)))

(m)((.)) Other Outdoor Fires, Section 6.01 (D)(13)((. (Section 6.01.D.13)))

(3)((.)) The provisions of Chapter 173-425 WAC (Outdoor Burning) are herein incorporated by reference.

(4)((.)) The provisions of ((this)) Article VI, Section 6.01 are severable. If any phrase, sentence, paragraph, or provision is held invalid, the application of such phrase, sentence, paragraph, or provision to other circumstances and the remainder of this Section shall not be affected.

((C.))(C) Definitions. ((())[WAC 173-425-030](()))

Words and phrases used in ((this)) Article VI, Section 6.01 shall have the meaning defined in Chapter 173-425 WAC, unless a different meaning is clearly required by context or is otherwise defined in this Section.

(1)((.)) Natural Vegetation means unprocessed plant material from herbs, shrubbery, and trees, including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps, and trunk wood. It does not include dimensional lumber, mills ends, etc.

(2)((.)) Outdoor Burning means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion. For the purpose of this rule, "outdoor burning" means all types of outdoor burning except agricultural burning and silvicultural burning. ((())[RCW 70.94.6511](()))

(3)((.)) Permitting Agency means the Spokane Regional Clean Air Agency (SRCAA or Agency)((,)) or Spokane County, any fire protection agency within Spokane County, Washington State Department of Natural Resources (DNR), or the Spokane County Conservation District; upon delegation by or signed agreement with SRCAA. ((one or more of the following entities, whenever SRCAA and an entity have signed an agreement regarding a permitting program or SRCAA has delegated administration of the permitting program to one or more of the following entities, provided such delegation of authority has not been withdrawn:Spokane County, any fire protection agency within Spokane County, Washington State Department of Natural Resources (DNR), or the Spokane County Conservation District. ()) [RCW 70.94.6530](()))

(4)((.)) Person means any individual(s), firm, public corporation, private corporation, association, partnership, political subdivision, municipality, or government agency. It includes any person who has applied for and received a permit for outdoor burning; any person allowing, igniting, or attending a fire; or any person who owns or controls property on which outdoor burning occurs.

(5)((.)) Responsible Person means any person who has applied for and received a permit for outdoor burning, or any person allowing, igniting, or attending to a fire, or any person who owns or controls property on which outdoor burning occurs.

((D.))(D) Outdoor Burning Permitted.

(1)((.)) Firefighting Instruction Fires. ((())[WAC 173-425-020 (2)(f), WAC 173-425-030(5), WAC 173-425-050, WAC 173-425-060 (1), (2)(f) & (3-4)](()))

Firefighting instruction fires are fires for the purpose of firefighter training, including, but not limited to aircraft crash rescue fire training, extinguisher training, forest fire training, and structural fire training. Unless specified otherwise, ((this subsection)) Article VI, Section 6.01 (D)(1) serves as a general permit by ((SRCAA)) the Agency.

(a)((.)) Aircraft Crash Rescue Fire Training. ((())[RCW 70.94.6546(1-2), WAC 173-425-020 (2)(f), WAC 173-425-030(5), WAC 173-425-050, WAC 173-425-060 (1), (2)(f) & (3-4)](()))

((i))1. Aircraft crash rescue training fires ((conducted pursuant to)) meeting all of the following criteria do not require a permit:

a.(((a))) Firefighters participating in the training fires are limited to those who provide firefighting support to an airport that is either certified by the federal aviation administration or operated in support of military or governmental activities.

b.(((b))) The fire training may not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.715 for the area where training is to be conducted.

c.(((c))) The number of training fires allowed each year without a written permit shall be the minimum number necessary to meet federal aviation administration or other federal safety requirements.

d.(((f))) The facility shall use current technology and be operated in a manner that will minimize, to the extent possible, the air contaminants generated during the training fire.

e.(((e))) The organization conducting the training shall notify the local fire district or fire department prior to commencement of the training. The organization conducting the training shall also notify ((SRCAA)) the Agency prior to commencement of the training.

((ii))2. Unless specifically authorized in writing by ((SRCAA)) the Agency, the prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to all aircraft crash rescue fire training fires as listed below:

a.(((a))) Aircraft crash rescue fire training fires are exempt from the following:

i. (F)(2)((F.2.)) Hauled Materials

ii. (F)(6)((F.6.)) Containers

iii. (F)(8)((F.8.)) Distances

iv. (F)(10)((F.10.)) Burn Hours

v. (F)(11)((F.11.)) Number of Piles

vi. (F)(12)((F.12.)) Fuel Area

vii. (F)(13)((F.13.)) Written Permits

viii. (F)(15)((F.15.)) Areas Prohibited

b.(((b))) Aircraft crash rescue fire training fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials (except petroleum products)

ii. (F)(3)((F.3.)) Curtailments

iii. (F)(4)((F.4.)) Nuisance

iv. (F)(5)((F.5.)) Burning Detrimental to Others

v. (F)(7)((F.7.)) Extinguishing a Fire

vi. (F)(9)((F.9.)) Landowner Permission

vii. (F)(14)((F.14.)) Property Access

viii. (F)(16)((F.16.)) Other Requirements

((iii))3. Persons conducting aircraft crash rescue fire training are responsible for responding to citizen inquiries and resolving citizen complaints caused by the training activity.

(b)((.)) Extinguisher Training. ((())[WAC 173-425-020 (2)(f), WAC 173-425-030(5), WAC 173-425-050, WAC 173-425-060 (1), (2)(f) & (3-4)](()))

Extinguisher training fires of short-duration for instruction on the proper use of hand-held fire extinguishers may be conducted without a written permit provided all of the following requirements are met:

((i))1. Unless specifically authorized in writing by ((SRCAA)) the Agency, the prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to extinguisher training fires as listed below:

a.(((a))) Extinguisher training fires are exempt from the following:

i. (F)(2)((F.2.)) Hauled Materials

ii. (F)(6)((F.6.)) Containers

iii. (F)(8)((F.8.)) Distances

iv. (F)(10)((F.10.)) Burn Hours

v. (F)(11)((F.11.)) Number of Piles

vi. (F)(12)((F.12.)) Fuel Area

vii. (F)(13)((F.13.)) Written Permits

viii. (F)(15)((F.15.)) Areas Prohibited

b.(((b)))Extinguisher training fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials (except as provided for in Section 6.01 (D)(1)(b)2.) ((.D.1.b.ii of this Regulation, below)))

ii. (F)(3)((F.3.)) Curtailments

iii. (F)(4)((F.4.)) Nuisance

iv. (F)(5)((F.5.)) Burning Detrimental to Others

v. (F)(7)((F.7.)) Extinguishing a Fire

vi. (F)(9)((F.9.)) Landowner Permission

vii. (F)(14)((F.14.)) Property Access

viii. (F)(16)((F.16.)) Other Requirements

((ii))2. Flammable or combustible materials used during the fire extinguisher training shall be limited to:

a.(((1))) Less than two (2) gallons of clean kerosene or diesel fuel oil per training exercise, provided that gasoline or gasoline mixed with diesel or kerosene may be used only by local fire departments, fire protection agencies, fire marshals, or fire districts;

b.(((2))) As much gaseous fuel (propane or natural gas) as required for the training exercise; or

c.(((3))) Less than one-half (0.5) cubic yards of clean, solid combustible materials per training exercise. Examples of solid combustible materials are seasoned wood, untreated scrap lumber, and unused paper.

((iii))3. All training must be conducted by fire training officials or an instructor qualified to perform fire training. A copy of the written training plan, and when applicable, instructor qualifications, must be provided to ((SRCAA)) the Agency upon request.

((iv))4. Prior to the training, the responsible person(s) conducting the exercise must notify the local fire department, fire marshal, or fire district and meet all applicable local ordinances and permitting requirements.

((v))5. Persons conducting extinguisher training fires are responsible for responding to citizen inquiries and resolving citizen complaints caused by the training activity.

(c)((.)) Forest Fire Training. (((())[RCW 70.94.6546(4), WAC 173-425-020 (2)(f), WAC 173-425-030(5), WAC 173-425-050, WAC 173-425-060 (1), (2)(f) & (3-4)](()))

A fire protection agency may conduct forest fire training fires consisting of only natural vegetation without a written permit.

((i))1. Unless specifically authorized in writing by ((SRCAA)) the Agency, the prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to forest fire training fires as listed below:

a.(((a))) Forest fire training fires are exempt from the following:

i. (F)(2)((F.2.)) Hauled Materials

ii. (F)(6)((F.6.)) Containers

iii. (F)(8)((F.8.)) Distances

iv. (F)(10)((F.10.)) Burn Hours

v. (F)(11)((F.11.)) Number of Piles

vi. (F)(12)((F.12.)) Fuel Area

vii. (F)(13)((F.13.)) Written Permits

viii. (F)(15)((F.15.)) Areas Prohibited

b.(((b))) Forest fire training fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials

ii. (F)(3)((F.3.)) Curtailments

iii. (F)(4)((F.4.)) Nuisance

iv. (F)(5)((F.5.)) Burning Detrimental to Others

v. (F)(7)((F.7.)) Extinguishing a Fire

vi. (F)(9)((F.9.)) Landowner Permission

vii. (F)(14)((F.14.)) Property Access

viii. (F)(16)((F.16.)) Other Requirements

((ii))2. Grassland or wildland fires used for the purpose of forest fire training fires qualify as forest firefighting instruction fires. Grassland or wildland fires not used for the purpose of forest fire instruction fires shall be performed pursuant to Section 6.01 (D)(1)(e), ((.D.1.e of this Regulation. Section 6.01.D.1.e is)) Types of Firefighting Instruction Fires Not Listed Above.

((iii))3. Persons conducting forest fire training are responsible for responding to citizen inquiries and resolving citizen complaints caused by the training activity.

(d)((.)) Structural Fire Training. (((())[RCW 52.12.150(4), (RCW 70.94.6546(3), WAC 173-425-020 (2)(f), WAC 173-425-030(5), WAC 173-425-050, WAC 173-425-060 (1), (2)(f) & (3-4) ](()))

A fire protection agency may conduct structural fire training without a written permit provided all of the following requirements are met:

((i))1. Unless specifically authorized in writing by ((SRCAA)) the Agency, the prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to structural fire training fires as listed below:

a.(((a))) Structural fire training fires are exempt from the following:

i. (F)(1)((F.1.)) Prohibited Materials (except as provided for in Section 6.01 (D)(1)(d)4.)((.D.1.d.iv of this Regulation, below)))

ii. (F)(2)((F.2.)) Hauled Materials

iii. (F)(6)((F.6.)) Containers

iv. (F)(8)((F.8.)) Distances

v. (F)(10)((F.10.)) Burn Hours

vi. (F)(11)((F.11.)) Number of Piles

vii. (F)(12)((F.12.)) Fuel Area

viii. (F)(13)((F.13.)) Written Permits

ix. (F)(15)((F.15.)) Areas Prohibited

b.(((b)))Structural fire training fires are ((are not exempt from)) must comply with the following:

i. (F)(3)((F.3.)) Curtailments

ii. (F)(4)((F.4.)) Nuisance

iii. (F)(5)((F.5.)) Burning Detrimental to Others

iv. (F)(7)((F.7.)) Extinguishing a Fire

v. (F)(9)((F.9.)) Landowner Permission

vi. (F)(14)((F.14.)) Property Access

vii. (F)(16)((F.16.)) Other Requirements

((ii))2. The owner and fire protection agency(ies) must meet the requirements in SRCAA Regulation I, Article IX - Asbestos Control Standards and ((SRCAA Regulation I,)) Article X, Section 10.09 - Asbestos Project And Demolition Notification Waiting Period And Fees, prior to conducting the training. This includes clearly identifying structures on the Notice of Intent that will be used for structural fire training.

((iii))3. The fire protection agency(ies) conducting the fire training must have a fire training plan available to ((SRCAA)) the Agency upon request, and the purpose of the structural fire must be to train firefighters.

((vi))4. Composition roofing, asphalt roofing shingles, asphalt siding materials, miscellaneous debris from inside the structure, carpet, linoleum, and floor tile shall not be burned unless such materials are an essential part of the fire training exercise and are described as such in the fire training plan. Materials removed from the structure(s) must be disposed of in a lawful manner prior to the training exercise.

((v))5. Structural fire training shall not be conducted if, in consideration of prevailing air patterns, emissions from the fire ((is)) are likely to cause a nuisance.

((vi))6. The fire protection agency(ies) conducting the training must provide notice to the owners of property adjoining the property on which the fire training will occur, to other persons who potentially will be impacted by the fire, and to additional persons ((in a broader manner)) if specifically ((requested)) directed by ((SRCAA)) the Agency.

((vii))7. Structural fire training shall be performed in accordance with RCW 52.12.150.

((viii))8. Persons conducting structural fire training are responsible for responding to citizen inquiries and resolving citizen complaints caused by the training activity.

(e)((.)) Types of Firefighting Instruction Fires Not Listed Above. ((())[WAC 173-425-020 (2)(f), WAC 173-425-030(5), WAC 173-425-050, WAC 173-425-060 (1), (2)(f) & (3-4)](()))

A fire protection agency may conduct firefighting instruction fires not provided for in Article VI, Section 6.01 (D)(1)(a - d)((.D.1.a-d of this Regulation)) (e.g., car rescue training fires, simulated fires at permanent fire training facilities, simulated fires via mobile fire training units, etc.) if all of the following are met:

((i))1. Unless specifically authorized in writing by ((SRCAA)) the Agency, the prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to other firefighting instruction fires as listed below:

a.(((a))) Other firefighting training fires are exempt from the following:

i. (F)(2)((F.2.)) Hauled Materials

ii. (F)(6)((F.6.)) Containers

iii. (F)(8)((F.8.)) Distances

iv. (F)(10)((F.10.)) Burn Hours

v. (F)(11)((F.11.)) Number of Piles

vi. (F)(12)((F.12.)) Fuel Area

vii. (F)(13)((F.13.)) Written Permits

viii. (F)(15)((F.15.)) Areas Prohibited

b.(((b))) Other firefighting training fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials (except as provided for in Section 6.01 (D)(1)(e)3.)((.D.1.e.iii of this Regulation)))

ii. (F)(3)((F.3.) Curtailments

iii. (F)(4)((F.4.)) Nuisance

iv. (F)(5)((F.5.)) Burning Detrimental to Others

v. (F)(7)((F.7.)) Extinguishing a Fire

vi. (F)(9)((F.9.)) Landowner Permission

vii. (F)(14)((F.14.)) Property Access

viii. (F)(16)((F.16.)) Other Requirements

((ii))2. The fire protection agency(ies) conducting the fire training must have a fire-training plan available to ((SRCAA)) the Agency upon request, and the purpose of the structural fire must be to train firefighters.

((iii))3. The prohibited materials described in Article VI, Section 6.01 (F)(2)((.F.2 of this Regulation)) may not be burned in any fire unless such materials are an essential part of the fire training exercise and are described as such in the fire training plan.

((vi))4. Persons conducting other firefighting training are responsible for responding to citizen inquiries and resolving citizen complaints caused by the training activity.

(2)((.)) Fire Hazard Abatement Fires.

(a)((.)) A permit from a permitting agency other than SRCAA is required pursuant to Article VI, Section 6.01(E)((.E of this Regulation)) for fire hazard abatement fires. All fire hazard abatement fires require a written permit unless an alternate permitting method is specified in a written agreement (e.g. Memorandum of Understanding) between SRCAA and the permitting agency.

(b)((.)) Unless specifically authorized in writing by the permitting agency and pursuant to a written agreement between SRCAA and the permitting agency, the prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply as listed below:

((i))1. Fire hazard abatement fires may be exempt from the following at the permitting agency's discretion:

i. (F)(8)((F.8.)) Distances

ii. (F)(11)((F.11.)) Number of Piles

iii. (F)(12)((F.12.)) Fuel Area

((ii))2.Fire hazard abatement fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials

ii. (F)(2)((F.2.)) Hauled Materials

iii. (F)(3)((F.3.)) Curtailments

iv. (F)(4)((F.4.)) Nuisance

v. (F)(5)((F.5.)) Burning Detrimental to Others

vi. (F)(6)((F.6.)) Containers

vii. (F)(7)((F.7.)) Extinguishing a Fire

viii. (F)(9)((F.9.)) Landowner Permission

ix. (F)(10)((F.10.)) Burn Hours

x. (F)(13)((F.13.)) Written Permits

xi. (F)(14)((F.14.)) Property Access

xii. (F)(15)((F.15.)) Areas Prohibited

xiii. (F)(16)((F.16.)) Other Requirements

(3)((.)) Flag Retirement Ceremony Fires. ((())[RCW 70.94.6522, WAC 173-425-020 (2)(j), WAC 173-425-030(15), WAC 173-425-040(5), WAC 173-425-060 (1)(b), and WAC 173-425-060 (1), (2)(j) & (3-4)](()))

A flag retirement ceremony fire is a ceremonial fire for the purpose of disposing of cotton or wool flags of the United States of America, by fire, pursuant to 36 United States Code 176(k). A flag retirement ceremony fire is a type of other outdoor fire as provided for in WAC 173-425-030(15). The ceremony generally involves placing the flags one at a time in a small fire during the ceremony until the last flag is burned.

(a)((. This subsection)) Article VI, Section 6.01 (D)(3) serves as a general permit by ((SRCAA)) the Agency.

(b)((.)) The prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to flag retirement ceremony fires as listed below:

((i))1. Unless specifically authorized in writing by ((SRCAA)) the Agency, flag retirement ceremony fires are exempt from the following:

i. (F)(2)((F.2.)) Hauled Materials

ii. (F)(6)((F.6.)) Containers

iii. (F)(8)((F.8.)) Distances

iv. (F)(10)((F.10.)) Burn Hours

v. (F)(11)((F.11.)) Number of Piles

vi. (F)(12)((F.12.)) Fuel Area

vii. (F)(13)((F.13.)) Written Permits

viii. (F)(15)((F.15.)) Areas Prohibited

((ii))2. Flag retirement ceremony fires are ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials (except for cotton or wool flags and minimal accelerant necessary to burn the flags)

ii. (F)(3)((F.3.)) Curtailments

iii. (F)(4)((F.4.)) Nuisance

iv. (F)(5)((F.5.)) Burning Detrimental to Others

v. (F)(7)((F.7.)) Extinguishing a Fire

vi. (F)(9)((F.9.)) Landowner Permission

vii. (F)(14)((F.14.)) Property Access

viii. (F)(16)((F.16.)) Other Requirements

(c)((.)) A ceremony for disposal of unserviceable cotton or wool flags using methods other than burning (e.g. burying or recycling) or burning a small number of representative cotton or wool flags for the flag retirement ceremony is recommended, but not required.

(d)((.)) Burning flags made of synthetic materials (e.g. nylon) is prohibited.

(4)((.)) Indian Ceremonial Fires. ((())[RCW 70.94.6550, WAC 173-425-020 (2)(h), WAC 173-425-030(8)), WAC 173-425-050, WAC 173-425-060 (1), (2)(h) & (3-4)](()))

Indian ceremonial fires are fires using charcoal or clean, dry, bare, untreated wood (for the purpose of this definition, it includes commercially manufactured fire logs) necessary for Native American Ceremonies (i.e. conducted by and for Native Americans) if part of a religious ritual.

(a)((. This subsection)) Article VI, Section 6.01 (D)(4) serves as a general permit by ((SRCAA)) the Agency.

(b)((.)) Unless specifically authorized in writing by ((SRCAA)) the Agency, the prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to Indian ceremonial fires as listed below:

((i))1. Indian ceremonial fires are exempt from the following:

i. (F)(2)((F.2.)) Hauled Materials

ii. (F)(6)(b)((F.6.b.)) Containers

iii. (F)(10)((F.10.)) Burn Hours

iv. (F)(13)((F.13.)) Written Permits

v. (F)(15)((F.15.)) Areas Prohibited

((ii))2. Indian ceremonial fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials

ii. (F)(3)((F.3.)) Curtailments

iii. (F)(4)((F.4.)) Nuisance

iv. (F)(5)((F.5.)) Burning Detrimental to Others

v. (F)(6)((F.6.a.)) Containers (burn barrels)

vi. (F)(7)((F.7.)) Extinguishing a Fire

vii. (F)(8)((F.8.)) Distances

viii. (F)(9)((F.9.)) Landowner Permission

ix. (F)(11)((F.11.)) Number of Piles

x. (F)(12)((F.12.)) Fuel Area

xi. (F)(14)((F.14.)) Property Access

xii. (F)(16)((F.16.)) Other Requirements

(5)((.)) Land Clearing Fires. ((())[WAC 173-425-020 (2)(b), WAC 173-425-030(9), WAC 173-425-040(1-5), WAC 173-425-050, WAC 173-425-060 (1)(b) and WAC 173-425-060 (1), (2)(b) & (3-4)](()))

(a)((.)) All land clearing burning, except for silvicultural-to-agricultural and residential land clearing burning, is prohibited effective January 13, 2002.

(b)((.)) Silvicultural-to-agricultural burning is prohibited after April 30, 2009.

(c)((.)) Residential land clearing burning is prohibited after December 31, 2010. Residential land clearing fires are limited to fires consisting of trees, shrubbery, or other natural vegetation from land clearing projects (i.e., projects that clear the land surface so it can be developed, used for a different purpose, or left unused) where the natural vegetation is cleared from less than one acre of forested land on a five (5) acre or larger parcel of land in non-commercial ownership. ((())[RCW 70.94.6526(2)](())). Residential land clearing fires may also have the effect of abating or prevention of a forest fire hazard and thereby fit the definition of silvicultural burning. In those situations where residential land clearing burning consists of materials cleared from less than one (1) acre of forested land on a five (5) acre or larger parcel of land in non-commercial ownership is determined by DNR to meet the criteria to be defined as silvicultural burning, SRCAA may defer the decision to DNR to approve the fire and issue a permit pursuant to a Memorandum of Understanding between SRCAA and DNR. In so doing, DNR acknowledges that the fire is silvicultural burning and subject to Chapter 332-24 WAC.

(6)((.)) Rare and Endangered Plant Regeneration Fires. ((())[RCW 70.94.6524, RCW 70.94.6534(2), WAC 173-425-020 (2)(g), WAC 173-425-030(19), WAC 173-425-050, WAC 173-425-060 (1), (2)(g), (3-4) & (6)]((.))

Rare and endangered plant regeneration fires are fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified in Chapter 79.70 RCW.

(a)((.)) Pursuant to RCW 70.94.6534(2), the appropriate fire protection agency permits and regulates rare and endangered plant regeneration fires on lands where the department of natural resources does not have fire protection responsibility.

(b)((.)) Unless otherwise allowed or required by the fire protection agency, the prohibitions/requirements in Article VI, Section 6.01(F)((.F of this Regulation)) apply to rare and endangered plant regeneration fires as listed below:

((i))1. Rare and endangered plant regeneration fires are exempt from the following:

i. (F)(8)((F.8.)) Distances

ii. (F)(10)((F.10.)) Burn Hours

iii. (F)(11)((F.11.)) Number of Piles

iv. (F)(12)((F.12.)) Fuel Area

v. (F)(13)((F.13.)) Written Permits

vi. (F)(15)((F.15.)) Areas Prohibited

((ii))2. Rare and endangered plant regeneration fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials

ii. (F)(2)((F.2.)) Hauled Materials

iii. (F)(3)((F.3.)) Curtailments

iv. (F)(4)((F.4.)) Nuisance

v. (F)(5)((F.5.)) Burning Detrimental to Others

vi. (F)(6)((F.6.)) Containers

vii. (F)(7)((F.7.)) Extinguishing a Fire

viii. (F)(9)((F.9.)) Landowner Permission

ix. (F)(14)((F.14.)) Property Access

x. (F)(16)((F.16.)) Other Requirements

(c)((.)) Pursuant to WAC 173-425-060(6), any agency that issues permits, or adopts a general permit for rare and endangered plant regeneration fires is responsible for field response to outdoor burning complaints and enforcement of all permit conditions and requirements of Chapter 173-425 WAC unless another agency has agreed under WAC 173-425-060 (1)(a) to be responsible for certain field response or enforcement activities. Except for enforcing fire danger burn bans as referenced in WAC 173-425-050 (3)(a)(iii), ((SRCAA)) the Agency may also perform complaint response and enforcement activities.

(7)((.)) Recreational Fires. [WAC 173-425-020 (2)(i), WAC 173-425-030(21), WAC 173-425-050, WAC 173-425-060 (1), (2)(i) & (3-4)](()))

A recreational fire is a small fire with a fuel area no larger than three (3) feet in diameter and two (2) feet in height and is limited to cooking fires, campfires, and fires for pleasure using charcoal or firewood in designated areas on public lands (e.g. campgrounds) or on private property. Firewood refers to clean, dry (e.g., tree trunk wood that is split and seasoned and has less than 20% ((percent)) moisture content), bare, wood from trees. Commercially manufactured fire logs are acceptable fuels unless determined otherwise by ((SRCAA)) the Agency. Fires fueled by liquid or gaseous fuels (e.g. propane or natural gas barbecues) are not considered recreational fires. Fires used for debris disposal are not considered recreational fires.

(a)((.)) This ((subsection)) Article VI, Section 6.01 (D)(7) serves as a general permit by ((SRCAA)) the Agency.

(b)((.)) The prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to recreational fires as listed below:

((i))1. Recreational fires are exempt from the following:

i. (F)(2)((F.2.) Hauled Materials

ii. (F)(6)(b)((F.6.b.)) Containers

iii. (F)(10)((F.10.)) Burn Hours

iv. (F)(13)((F.13.)) Written Permits

v. (F)(15)((F.15.)) Areas Prohibited

((ii))2. Recreational fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials

ii. (F)(3)((F.3.)) Curtailments

iii. (F)(4)((F.4.)) Nuisance

iv. (F)(5)((F.5.)) Burning Detrimental to Others

v. (F)(6)(a)((F.6.a.)) Containers (burn barrels)

vi. (F)(7)((F.7.)) Extinguishing a Fire

vii. (F)(8)((F.8.)) Distances

viii. (F)(9)((F.9.)) Landowner Permission

ix. (F)(11)((F.11.)) Number of Piles

x. (F)(12)((F.12.)) Fuel Area

xi. (F)(14)((F.14.)) Property Access

xii. (F)(16)((F.16.)) Other Requirements

(8)((.)) Residential Fires (also referred to as Residential Burning or Residential Yard and Garden Debris Burning). ((())[WAC 173-425-020 (2)(a), WAC 173-425-030(22), WAC 173-425-040 (1-3) & (5), WAC 173-425-050, WAC 173-425-060 (1), (2)(a) & (3-6)]

A residential fire is an outdoor fire consisting of natural yard and garden debris (i.e., dry garden trimmings, dry tree clippings, dry leaves, etc.) originating on the maintained/improved area of residential property (i.e. lands immediately adjacent and in close proximity to a human dwelling), and burned on such lands by the property owner and/or any other responsible person.

(a)((.)) A permit from a permitting agency other than SRCAA is required pursuant to Article VI, Section 6.01(E)((.E of this Regulation)). All residential fires require a written permit unless an alternate permitting method (e.g. general permit adopted by rule) is specified in a written agreement (e.g. Memorandum of Understanding) between SRCAA and the permitting agency.

(b)((.)) The prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to residential fires as listed below:

((i))1. No exemptions apply to residential fires.

((ii))2. Residential fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials

ii. (F)(2)((F.2.)) Hauled Materials

iii. (F)(3)((F.3.)) Curtailments

iv. (F)(4)((F.4.)) Nuisance

v. (F)(5)((F.5.)) Burning Detrimental to Others

vi. (F)(6)((F.6.)) Containers

vii. (F)(7)((F.7.)) Extinguishing a Fire

viii. (F)(8)((F.8.)) Distances

ix. (F)(9)((F.9.)) Landowner Permission

x. (F)(10)((F.10.) Burn Hours

xi. (F)(11)((F.11.)) Number of Piles

xii. (F)(12)((F.12.)) Fuel Area (except as provided in Section 6.01 (D)(8)(c) ((.D.8.c of this Regulation, below)))

xiii. (F)(13)((F.13.)) Written Permits

xiv. (F)(14)((F.14.)) Property Access

xv. (F)(15)((F.15.)) Areas Prohibited

xvi. (F)(16)((F.16.)) Other Requirements

(c)((.))The fuel area is limited to four (4) feet in diameter and three (3) feet in height unless the written permit issued by the permitting agency specifically states otherwise. Under no circumstance shall the fuel area be greater than ten (10) feet in diameter and six (6) feet in height.

(d)((.)) No vegetation shall exceed four (4) inches in diameter unless the permitting agency provides a site-specific exemption in a written permit. If larger diameter vegetation is allowed, the fire shall be constructed using heavy equipment such as a track hoe or excavator with an operator on site at all times. Fans must be employed to improve combustion.

(e)((.)) Residential fires must be at least five hundred (500) feet away from forest slash.

(f)((.)) Residential fires must be at least fifty (50) feet away from any adjacent land under different ownership unless the permitting agency provides a site-specific exception in the written permit and the respective neighboring landowner or landowner's designated representative gives the person responsible for burning approval to burn within fifty (50) feet of his/her land.

(g)((.)) In addition to the prohibitions in Section 6.01(F)(15)((.F.15)), residential burning is prohibited within any area where a permitting agency does not administer a residential burning program.

(9)((.)) Social Event Fires. ((())[WAC 173-425-020 (2)(i), WAC 173-425-030(21), WAC 173-425-050, WAC 173-425-060 (1), (2)(i) & (4)](()))

A social event fire is a fire that may be greater than three (3) feet in diameter and two (2) feet in height and unless otherwise approved by ((SRCAA)) the Agency, is limited to events or celebrations open to the general public. A social event fire is limited to using charcoal or firewood which occurs in designated areas on public lands or on private property. Firewood refers to clean, dry (e.g., tree trunk wood that is split and seasoned with less than 20% ((percent)) moisture content), bare, wood from trees. Commercially manufactured fire logs are acceptable fuels. Fires used for debris disposal are not considered social event fires.

(a)((.)) A written permit from ((SRCAA)) the Agency is required pursuant to Article VI, Section 6.01(E)((.E of this Regulation)) and, unless otherwise approved by ((SRCAA)) the Agency, must be submitted at least ten (10) working days prior to the first proposed burn date.

(b)((.)) Unless specifically authorized in writing by ((SRCAA)) the Agency, the prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply as listed below:

((i))1. Social event fires may be exempt from the following at ((SRCAA's)) the Agency's discretion:

i. (F)(2)((F.2.)) Hauled Materials

ii. (F)(6)(b)((F.6.b.)) Containers

iii. (F)(8)((F.8.)) Distances

iv. (F)(10)((F.10.)) Burn Hours

v. (F)(11)((F.11.)) Number of Piles

vi. (F)(12)((F.12.)) Fuel Area

vii. (F)(15)((F.15.)) Areas Prohibited

((ii))2. Social event fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials

ii. (F)(3)((F.3.)) Curtailments

iii. (F)(4)((F.4.)) Nuisance

iv. (F)(5)((F.5.)) Burning Detrimental to Others

v. (F)(6)(a)((F.6.a.)) Containers (burn barrels)

vi. (F)(7)((F.7.)) Extinguishing a Fire

vii. (F)(9)((F.9.)) Landowner Permission

viii. (F)(13)((F.13.)) Written Permits

ix. (F)(14)((F.14.)) Property Access

x. (F)(16)((F.16.)) Other Requirements

(10)((.)) Storm or Flood Debris Fires. ((())[RCW 70.94.743 (1)(c), WAC 173-425-020 (2)(c), WAC 173-425-030(24), WAC 173-425-040(5), WAC 173-425-050, WAC 173-425-060 (1), (2)(c) & (3-4)](()))

Storm and flood debris fires are fires consisting of natural vegetation deposited on lands by storms or floods that occurred within the previous twenty-four (24) months, and resulted in an emergency being declared or proclaimed in the area by city, county, or state government, and burned by the property owner or other responsible person on lands where the natural vegetation was deposited by the storm or flood.

(a)((.)) A written permit from ((SRCAA)) the Agency is required pursuant to Article VI, Section 6.01(E)((.E of this Regulation)) and, unless otherwise approved by ((SRCAA)) the Agency, must be submitted at least ten (10) working days prior to the first proposed burn date.

(b)((.)) Unless specifically authorized in writing by ((SRCAA)) the Agency, the prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply as listed below:

((i))1. Storm or flood debris fires may be exempt from the following at ((SRCAA's)) the Agency's discretion:

i. (F)(12)((F.12.)) Fuel Area

((ii))2. Storm or flood debris fires ((are not exempt from)) must comply with the following:

i. (F)(1)((F.1.)) Prohibited Materials

ii. (F)(2)((F.2.)) Hauled Materials

iii. (F)(3)((F.3.)) Curtailments

iv. (F)(4)((F.4.)) Nuisance

v. (F)(5)((F.5.)) Burning Detrimental to Others

vi. (F)(6)((F.6.)) Containers

vii. (F)(7)((F.7.)) Extinguishing a Fire

viii. (F)(8)((F.8.)) Distances

ix. (F)(9)((F.9.)) Landowner Permission

x. (F)(10)((F.10.)) Burn Hours

xi. (F)(11)((F.11.)) Number of Piles

xii. (F)(13)((F.13.)) Written Permits

xiii. (F)(14)((F.14.)) Property Access

xiv. (F)(15)((F.15.)) Areas Prohibited

xv. (F)(16)((F.16.)) Other Requirements

(11)((.)) Tumbleweed Fires. ((())[RCW 70.94.6554](()))

Tumbleweed fires are fires to dispose of dry plants (e.g., Russian Thistle and Tumbleweed Mustard Plants) that have been broken off, and rolled about, by the wind. Outdoor burning of tumbleweeds is prohibited. However, agricultural operations may burn tumbleweeds pursuant to Article VI, Section 6.11 ((of this Regulation)) and Chapter 173-430 WAC.

(12)((.)) Weed Abatement Fires. ((())[RCW 70.94.6552, Chapter 16-750 WAC, WAC 173-425-020 (2)(e), WAC 173-425-030(27)), WAC 173-425-040(5), WAC 173-425-050, WAC 173-425-060 (1), (2)(e) & (3-4)](()))

A weed abatement fire is any outdoor fire undertaken for the sole purpose of disposing of noxious weeds identified in the state noxious weed list.

(a)((.)) A written permit from a permitting agency other than SRCAA is required pursuant to Article VI, Section 6.01(E)((.E of this Regulation)).

(b)((.)) The prohibitions/requirements in Section 6.01(F)((.F of this Regulation)) apply to weed abatement fires as listed below:

((i))1. Weed abatement fires may be exempt from the following at the permitting agency's discretion:

i. (F)(11)((F.11.)) Number of Piles (refer to Section 6.01 (D)(11)(c)((.D.11.c of this Regulation)), below)

ii. (F)(12)((F.12.)) Fuel Area (refer to Section 6.01 (D)(11)(c)((.D.11.c of this Regulation)), below)

((ii))2. Weed abatement fires ((are not exempt from)) must comply with from the following:

i. (F)(1)((F.1.)) Prohibited Materials

ii. (F)(2)((F.2.)) Hauled Materials

iii. (F)(3)((F.3.)) Curtailments

iv. (F)(4)((F.4.)) Nuisance

v. (F)(5)((F.5.)) Burning Detrimental to Others

vi. (F)(6)((F.6.)) Containers

vii. (F)(7)((F.7.)) Extinguishing a Fire

viii. (F)(8)((F.8.)) Distances

ix. (F)(9)((F.9.)) Landowner Permission

x. (F)(10)((F.10.)) Burn Hours

xi. (F)(13)((F.13.)) Written Permits

xii. (F)(14)((F.14.)) Property Access

xiii. (F)(15)((F.15.)) Areas Prohibited

xiv. (F)(16)((F.16.)) Other Requirements

(c)((.)) If burn piles are required by the permitting agency, the fuel area for each burn pile is limited to ten (10) feet in diameter and six (6) feet in height unless the written permit issued by the permitting agency specifically states otherwise.

(d)((.)) Burning shall be limited to Monday through Friday and shall not be conducted on federally observed holidays.

(13)((.)) Other Outdoor Fires. ((())[RCW 70.94.6522, WAC 173-425-020 (2)(j), WAC 173-425-030(15), WAC 173-425-040(5), WAC 173-425-060 (1)(b), and WAC 173-425-060 (1), (2)(j) & (3-4)](()))

Other outdoor fires are any type of outdoor fires not specified in WAC 173-425-020 (2)(a-i).

(a)((.)) Other outdoor burning will generally be limited by ((SRCAA)) the Agency to outdoor fires necessary to protect public health and safety.

(b)((.)) Other outdoor burning will generally not be allowed unless ((SRCAA)) the Agency determines that extenuating circumstances exist that necessitate burning be allowed.

(c)((.)) A permit application must be submitted at least ten (10) working days prior to the first proposed burn date unless ((SRCAA)) the Agency waives the advance application period. A written permit from ((SRCAA)) the Agency is required pursuant to Article VI, Section 6.01(E)((.E of this Regulation)) unless ((SRCAA)) the Agency approves a verbal or electronic permit in lieu of a written permit. The applicant is responsible for payment of a permit application fee in the amount specified in Article X, Section 10.13 ((of this Regulation)).

((E.))(E) Application For and Permitting of Written Outdoor Burning Permits.

Outdoor burning requiring a written permit pursuant to Article VI, Section 6.01(D)((.D of this Regulation)) is subject to all of the following requirements:

(1)((.)) Permit Application.

(a)((.)) It shall be unlawful for any person to cause or allow outdoor burning unless an application for a written permit, including the required fee specified by the permitting agency (SRCAA's outdoor burning permit fees are specified in SRCAA's the Consolidated Fee Schedule pursuant to Article X, Section 10.13 ((of this Regulation))) and any additional information requested by the permitting agency, has been submitted to the permitting agency on approved forms, in accordance with the advance application period as specified by the permitting agency.

(b)((.)) Incomplete or inaccurate applications may be returned to the applicant as incomplete. The advance application period begins when a complete and accurate application, including the required fee, has been received by the permitting authority.

(c)((.)) Unless otherwise approved by the permitting agency or unless specified otherwise in Section 6.01, applications will be accepted no more than ninety (90) days prior to the first proposed burn date.

(d)((.)) A separate application must be completed and submitted to the appropriate permitting agency for each outdoor burn permit requested.

(e)((.)) A permit for outdoor burning shall not be granted on the basis of a previous permit history.

(2)((.)) Denial or Revocation of a Permit.

(a)((.)) The permitting agency may deny a permit if it is determined by the permitting agency that the application is incomplete or inaccurate. The advance application period in Article X, Section 10.13 ((of this Regulation)) does not begin until a complete and accurate application, including any additional information requested by the permitting agency, is received by the permitting agency.

(b)((.)) The permitting agency may deny a permit or revoke a previously issued permit if it is determined by the permitting agency that the application contained inaccurate information, or failed to contain pertinent information, and the information is deemed by the permitting agency to be significant enough to have a bearing on the permitting agency's decision to grant a permit.

(c)((.)) An application for a permit shall be denied if the permitting agency determines that the proposed burning will cause or is likely to cause a nuisance (refer to Article VI, Section 6.01 (F)(4)((.F.4 of this Regulation))). In making this determination, the permitting agency may consider if the permit can be conditioned in such a way that burning is not likely to cause a nuisance (e.g., limit burning to specific wind directions, restrict burn hours, restrict pile size, etc.).

(d)((.)) The permitting agency may deny a permit for other reasons and shall provide the reason(s) in the applicant's permit denial.

(3)((.)) Permit Conditions. Permits may include requirements and restrictions beyond those specified in SRCAA Regulation I.

(4)((.)) Permit Expiration. Written permits shall be valid for no more than thirty (30) consecutive calendar days unless specified otherwise in Section 6.01(D)((.D)) or in the permit. In no circumstance will a permit be valid for more than one calendar year.

((F.))(F) Prohibitions/Requirements. ((())[WAC 173-425-050 & WAC 173-425-060(4)](()))

All of the following apply to all outdoor burning unless specified otherwise in Article VI, Section 6.01 ((of this Regulation)) or pursuant to a written permit:

(1)((.)) Prohibited Materials. ((())[WAC 173-425-050(1)](()))

It is unlawful to burn prohibited materials. Prohibited materials include all of the following: garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated or processed wood (other than commercially manufactured fire logs), construction and demolition debris (any material resulting from the construction, renovation, or demolition of buildings, roads, or other man made structures), metal, or any substance (other than natural vegetation or firewood) that releases dense smoke or obnoxious odors when burned, or normally releases toxic emissions when burned. (RCW 70.94.6512(1) and Attorney General Opinion 1993 #17).

(2)((.)) Hauled Materials. ((())[WAC 173-425-050(2)](()))

It is unlawful for a fire to contain material that has been hauled from an area where outdoor burning of that material is prohibited.

(3)((.)) Curtailments. ((())[RCW 70.94.6512, RCW 70.94.6516, WAC 173-425-030(2), WAC 173-425-030(7), WAC 173-425-050(3), WAC 173-425-060(4) & WAC 173-433-140](()))

(a)((.)) The person responsible for the fire must contact the permitting agency and/or any other designated source for information on the burning conditions for each day prior to igniting a fire.

(b)((.)) Outdoor burning is prohibited in specified geographical areas when one or more of the following occur:

((i))1. The Washington State Department of Ecology (Ecology) has declared an air pollution episode.

((ii))2. Ecology or SRCAA has declared impaired air quality.

((iii))3. A fire protection authority ((of)) with jurisdiction has declared a fire danger burn ban, unless that authority grants an exception.

(c)((.)) The person responsible for outdoor burning must extinguish the fire when an air pollution episode, impaired air quality condition, or fire danger burn ban that applies to the burning is declared. In this regard:

((i))1. Smoke visible from all types of outdoor burning, except residential land clearing burning, after a time period of three (3) hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn ban is declared, will constitute prima facie evidence of unlawful outdoor burning.

((ii))2. Smoke visible from residential land clearing burning after a time period of eight (8) hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn ban is declared, will constitute prima facie evidence of unlawful outdoor burning.

(4)((.)) Nuisance. ((())[RCW 70.94.030(2) & WAC 173-425-050(4)](()))

A nuisance refers to an emission of smoke or any other air contaminant that unreasonably interferes with the enjoyment of life and property. In addition to applicable odor nuisance regulations in Article VI, Section 6.04 ((of this Regulation)), it shall be unlawful for any person to conduct outdoor burning which causes a smoke or particulate nuisance. With respect to smoke or particulate from outdoor burning, ((SRCAA)) the Agency may take enforcement action under ((this)) Section 6.01 if the Control Officer or authorized representative has documented all of the following:

(a)((.)) Visible smoke observed with natural or artificial light (e.g. flashlight) crossing the property line of the person making a complaint or particulate deposition on the property of the person making a complaint;

(b)((.)) An affidavit from a person making a complaint ((that)) which demonstrates that they have experienced air contaminant emissions in sufficient quantities, and of such characteristics and duration, so as to unreasonably interfere with their enjoyment of life and property; and

(c)((.)) The source of the smoke or particulate.

(5)((.)) Burning Detrimental to Others. ((())[RCW 70.94.040, RCW 70.94.((650))6528(1), RCW 70.94.6516, and WAC 173-425-050(4)](()))

It is unlawful for any person to cause or allow outdoor burning that causes an emission of smoke or any other air contaminant that is detrimental to the health, safety, or welfare of any person, or that causes damage to property or business.

(6)((.)) Containers. ((())[WAC 173-425-050(5)](()))

(a)((.)) Burn barrels are prohibited.

(b)((.)) Containers must be constructed of concrete or masonry with a completely enclosed combustion chamber and equipped with a permanently attached spark arrester constructed of iron, heavy wire mesh, or other noncombustible material with openings no larger than one-half (0.5) inch.

(7)((.)) Extinguishing a Fire. ((())[WAC 173-425-050 (6)(a) & WAC 173-425-060(4)](()))

(a)((.)) A person(s) capable of completely extinguishing the fire must attend it at all times.

(b)((.)) Fire extinguishing equipment must be at the fire and ready to use (e.g., charged garden hose, dirt, sand, water bucket, shovel, fire extinguisher, etc.).

(c)((.)) All fires must be completely extinguished when the fire will be left unattended or when the activity for which the fire was intended is done, whichever occurs first.

(d)((.)) Any person(s) responsible for unlawful outdoor burning must immediately and completely extinguish the fire. If the person(s) responsible for unlawful outdoor burning are unable or unwilling to extinguish an unlawful fire, they may be charged for fire suppression costs incurred by a fire protection agency.

(8)((.)) Distances. ((())[WAC 173-425-050 (6)(b) & WAC 173-425-060(4)](()))

(a)((.)) All fires subject to Article VI, Section 6.01 ((of this Regulation)) must be at least fifty (50) feet away from any structure.

(b)((.)) When material is burned on the ground, it must be placed on bare soil, green grass, or other similar area free of flammable materials for a distance adequate to prevent escape of the fire.

(9)((.)) Landowner Permission. ((())[WAC 173-425-050 (6)(c)](()))

Permission from a landowner, or owner's designated representative, must be obtained before outdoor burning on landowner's property.

(10)((.)) Burn Hours. ((())[WAC 173-425-060(4)](()))

All burning must take place during daylight hours only. Burning shall not commence prior to sunrise, and all debris burning must be completely extinguished at least one hour prior to sunset. Smoke visible from burning within one hour of sunset will constitute prima facie evidence of unlawful outdoor burning.

(11)((.)) Number of Piles. ((())[WAC 173-425-060 (5)(c)(x)](()))

Only one (1) pile at a time may be burned ((per)) on contiguous parcels of property under same ownership. ((and each)) The pile must be extinguished before lighting another.

(12)((.)) Fuel Area. ((())[WAC 173-425-060(4)](()))

The fuel area shall be no larger than three (3) feet in diameter by two (2) feet in height.

(13)((.))Written Permits.

(a)((.)) A copy of the written permit must be kept at the permitted burn site during the permitted burn, and must be made available for review upon request of the permitting agency.

(b)((.)) All conditions of a written permit issued by the permitting agency must be complied with.

(14)((.)) Property Access. ((())[RCW 70.94.200 & SRCAA Regulation I, Article II](()))

The Control Officer, or ((duly)) authorized representative, shall be allowed to access property at reasonable times to inspect fires specific to the control, recovery, or release of contaminants into the atmosphere in accordance with ((SRCAA Regulation I,)) Article II and RCW 70.94.200. For the purposes of outdoor burning, reasonable times include, but are not limited to, any of the following: when outdoor burning appears to be occurring, when the Control Officer or authorized representative is investigating air quality complaints filed with ((SRCAA)) the Agency, and/or there is reason to believe that air quality violations have occurred or may be occurring. No person shall obstruct, hamper, or interfere with any such inspection.

(15)((.)) Areas Prohibited. ((())[WAC 173-425-040](()))

Outdoor burning is prohibited in all of the following areas:

(a)((.)) Within the Restricted Burn Area (also referred to as the No Burn Area), as defined by Resolution of the Board of Directors of SRCAA.

(b)((.)) Within any Urban Growth Area (land, generally including and associated with an incorporated city, designated by a county for urban growth under RCW 36.70A.030), and with the exception of Fairchild Air Force Base, any area completely surrounded by any Urban Growth Area (e.g. "islands" of land within an Urban Growth Area).

(c)((.)) Within any nonattainment area or former nonattainment area.

(d)((.)) In any area where a reasonable alternative to burning exists for the area where burning is requested. For burning organic refuse, a reasonable alternative is considered one where there is a method for disposing of the organic refuse at a cost that is less than or equivalent to the median of all county tipping fees in the state for disposal of municipal solid waste. SRCAA shall determine the median of all county tipping fees in the state for disposal of municipal solid waste by obtaining the most recent solid waste tipping fees data available from Ecology (e.g. state profile map of Washington solid waste tipping fees available at https://fortress.wa.gov/ecy/swicpublic) or other relevant sources. Reasonable alternatives may include, but are not limited to, solid waste curbside pick-up, on-site residential composting or commercial composting operations, public or private chipping/grinding operations, public or private chipper rental service, public or private hauling services, energy recovery or incineration facility, public or private solid waste drop box, transfer station, or landfill.

(16)((.)) Other Requirements.

All outdoor burning must comply with all other applicable local, state, and federal requirements.

((G.))(G) Unlawful Outdoor Burning.

((a.))(1) Failure of any person to comply with Chapter 70.94 RCW, Chapter 173-425 WAC, this Section, or permit conditions, shall be unlawful and may result in criminal or civil enforcement action taken, including penalties.

((b.))(2) Unlawful burning may result in any outdoor burning permit being permanently rescinded. This applies to written permits, general permits (permits by rule), and electronic and verbal permits. Once a permit is rescinded, approval from ((SRCAA)) the Agency must be obtained to burn again. Applicable fees for a new permit must be paid pursuant to Article X, Section 10.13.

((A.))(A) Opacity Limit. It shall be unlawful for any person to cause or allow the emission of air contaminant from any emission point which equals or exceeds ((twenty percent)) 20% opacity for an aggregate of more than three (3) minutes in any one((-))hour period except:

(1)((.)) When the emissions occur due to soot blowing/grate cleaning and the operator can demonstrate that the emissions will not equal or exceed ((twenty percent)) 20% opacity for more than fifteen (15) minutes in any eight (8) consecutive hours. The intent of this provision is to permit the soot blowing and grate cleaning necessary to the operation of boiler facilities. As such, this practice, except for testing and trouble shooting, is to be scheduled for the same approximate times each day and the ((Authority)) Agency shall be advised of the schedule.

(2)((.)) When the presence of uncombined water is the only reason for the failure of an emission to meet the requirements of this section. The burden of proof to establish the quantity of uncombined water in the emission shall lie with the owner or operator who is seeking to bring the emission from his equipment or process within the requirements of SRCAA Regulation I, Article VI, Section 6.02(A).

(3)((.)) When otherwise specifically permitted by Article VIII, Section 8.05 ((of this Regulation)) (i.e. solid fuel burning devices).

((B.))(B) Opacity Measurement. The opacity of an air contaminant shall be measured at the point of its emission, except when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.

((C.))(C) Test Method and Procedures. Visible emissions shall be determined by using Ecology Test Method 9A.

((D.))(D) Emission Point. The emission limits of this section shall apply to each emission point regardless of the number of emissions units connected to a common stack.

((A.))(A) Applicability. The ((Authority)) Agency((, implements and enforces)) adopts by reference WAC 173-400-050, in Spokane County, except for 050 (4)(c)(ix) and 050 (5)(c)(xi). ((in addition to Parts)) In addition, the provisions of SRCAA Regulation I, Article VI, Section 6.03 (B through E) apply. ((of this Section. The more stringent requirement in WAC 173-400-050 or Section 6.03 supersedes the lesser.))

((B.))(B) Incinerators. It shall be unlawful for any person to burn any combustible refuse in any incinerator within the jurisdiction of this ((Authority)) Agency except in an approved multiple-chambered incinerator or in equipment found by the Control Officer in advance of such use to be equally effective for the purpose of air pollution control. The Control Officer may require the installation of additional control apparatus on an incinerator of approved design, if he finds that it is not effectively controlling air pollution emissions or is the cause of legitimate complaints.

((C.))(C) Operation During Daylight Hours. It shall be unlawful for any person to cause or allow the operation of an incinerator at any time other than daylight hours, except with the approval of the Control Officer.

((D.))(D) Exception to Daylight Hours. Approval of the Control Officer for the operation of an incinerator at other than daylight hours may be granted upon the submission of a written request stating:

(1)((.)) Full name and address of the applicant.

(2)((.)) Location of the incinerator.

(3)((.)) A description of the incinerator and its control equipment.

(4)((.)) Good cause for issuance of such approval.

(5)((.)) The hours, other than daylight hours, during which the applicant seeks to operate the equipment.

(6)((.)) The length of time for which the exception is sought.

((E.))(E) Prohibited. No one shall install or operate an "Air Curtain Incinerator" or "Wigwam Burner" within the ((Authority's)) Agency's jurisdiction.

((A.))(A) Definitions.((:)) All definitions in SRCAA Regulation I, Article ((1)) I, Section 1.04 apply to Article VI, Section 6.04 ((this Section)), unless otherwise defined herein.

((B.))(B) Applicability. The Agency ((implements and enforces)) adopts by reference WAC 173-400-040 in Spokane County, except WAC 173-400-040(6), which is replaced by 6.04(C) and WAC 173-400-040(8), which is replaced by Section 6.07. In ((in)) addition to WAC 173-400-040, the provisions of Section 6.04 apply. The provisions of RCW 70.94.640 are herein incorporated by reference.

((C.))(C) Emissions Detrimental to Persons or Property. It shall be unlawful for any person to cause or allow the emission of any air contaminant in sufficient quantities and of such characteristics and duration as is, or is likely to be:

(1)((.)) Injurious to the health or safety of human, animal, or plant life;

(2)((.)) Injurious or cause damage to property; or

(3)((.)) Which unreasonably interferes with enjoyment of life and property.

((D.))(D) Odors. With respect to odor, the Agency may take enforcement action, pursuant to ((c))Chapter 70.94 RCW, under this section if the Control Officer or ((a duly)) authorized representative has documented all of the following:

(1)((.)) The detection by the Control Officer or ((a duly)) authorized representative of an odor at a ((l))Level 2 or greater, according to the following odor scale:

(a) Level 0 - no odor detected,

(b) Level 1 - odor barely detected,

(c) Level 2 - odor is distinct and definite, any unpleasant characteristics recognizable,

(d) Level 3 - odor is objectionable enough or strong enough to cause attempts at avoidance, and

(e) Level 4 - odor is so strong that a person does not want to remain present.

(2)((.)) An affidavit from a person making a complaint that demonstrates that they have experienced air contaminant emissions in sufficient quantities and of such characteristics and duration so as to unreasonably interfere with their enjoyment of life and property (the affidavit should describe or identify, to the extent possible, the frequency, intensity, duration, offensiveness, and location of the odor experienced by the complainant); and

(3)((.)) The source of the odor.

((E.))(E) Odor Violation. With respect to odor, the Agency will determine whether or not a violation of Article VI, Section ((subsection)) 6.04(C) has occurred based on its review of the information documented under ((subsection)) Section 6.04(D), as well as any other relevant information obtained during the investigation.

((F.))(F) Enforcement Action. When determining whether to take formal enforcement action authorized in ((subsection)) Section 6.04(D) and (E) above, the Agency may consider written evidence provided by the person causing the odors which demonstrates to the satisfaction of the Agency that all controls and operating practices to prevent or minimize odors to the greatest degree practicable are being employed. If the Agency determines that all such efforts are being employed by the person causing the odors and that no additional control measures or alternate operating practices are appropriate, the Agency may decline to pursue formal enforcement action.

((G.))(G) Documentation. The Agency will document all the criteria used in making its determination in ((subsection)) Section 6.04(F) above as to whether or not the person causing the odors is employing controls and operating practices to prevent or minimize odors to the greatest degree practicable. Said documentation, except information that meets the criteria of confidential in accordance with RCW 70.94.205, will be made available to any person making a public records request to the Agency for said documentation, including, but not limited to complaining parties.

((H.))(H) Cause of Action or Legal Remedy. Nothing in ((this)) Section 6.04 shall be construed to impair any cause of action or legal remedy of any person, or the public, for injury or damages arising from the emission of any air contaminant in such place, manner or concentration as to constitute air pollution or a common law nuisance.

((A.))(A) Deposition. It shall be unlawful for any person to cause or allow the discharge of particulates in sufficient numbers to unreasonably cause annoyance to any other person when deposited upon the real property of others.

((B.))(B) Materials Handling, Transportation, Storage. It shall be unlawful for any person to cause or permit particulate matter to be handled, transported or stored without taking reasonable precautions to prevent the particulate matter from becoming airborne.

((C.))(C) Construction and Demolition of Buildings and Roads. It shall be unlawful for any person to cause or permit a building or its appurtenances or a road to be constructed, altered, repaired, or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Reasonable precautions to prevent particulate matter from becoming airborne must also be used on roads used as detour routes around roads, or section of road that are being constructed, altered, repaired, demolished, or closed for any purpose.

((D.))(D) Deposition on Paved Roadways. It shall be unlawful for any person, including the owner or person in control of real property to cause or allow particulate matter to be deposited upon a paved roadway open to the public without taking every reasonable precaution to minimize deposition. Reasonable precautions shall include, but are not limited to, the removal of particulate matter from equipment prior to movement on paved streets and the prompt removal of any particulate matter deposited on paved streets.

((E.))(E) Fugitive Dust. It shall be unlawful for any person to cause or allow visible emissions of fugitive dust unless reasonable precautions are employed to minimize the emissions. Reasonable precautions may include, but are not limited to, one or more of the following:

(1)((.)) The use of control equipment, enclosures, and wet (or chemical) suppression techniques, and curtailment during high winds;

(2)((.)) Surfacing roadways and parking areas with asphalt, concrete, or gravel;

(3)((.)) Treating temporary, low traffic areas (e.g., construction sites) with water or chemical stabilizers, reducing vehicle speeds, constructing pavement or rip rap exit aprons, and cleaning vehicle undercarriages and tires before they exit to prevent the track-out of mud or dirt onto paved public roadways; or

(4)((.)) Covering or wetting truck loads or allowing adequate freeboard to prevent the escape of dust-bearing materials.

((The Authority implements and enforces WAC 173-400-040(5).)) Repealed 7/9/20, Res. 20-08)

((The Authority implements and enforces WAC 173-400-040(7).)) Conceal or Mask. No person shall cause or allow the installation of use of any means which conceals or masks an emission of an air contaminant which would otherwise violate any provisions of SRCAA Regulation I.

((A.))(A) Reporting. The owner or operator of a source which emits pollutant(s) exceeding any limit established by Ecology or the ((Authority)) Agency in any order(s), rule(s) or regulation(s) that apply to the facility as a direct result of unavoidable upset conditions or unavoidable and unforeseeable breakdown of equipment or control apparatus may be exempt from penalties if:

(1)((.)) The upset or breakdown is reported to the ((Authority)) Agency on the next regular working day.

(2)((.)) The owner or operator shall, upon request of the Control Officer, submit a report giving:

(a)((.)) The causes.

(b)((.)) The steps to be taken to repair the breakdown, and

(c)((.)) A time schedule for the completion of the repairs.

(3)((.)) The owner or operator can prove to the Control Officer that the excess emissions due to breakdown were unavoidable by adequately demonstrating that:

(a)((.)) The event was not caused by poor or inadequate design, operation, maintenance, or any other reasonably preventable condition;

(b)((.)) The event was not of a recurring pattern indicative of inadequate design, operation, or maintenance; and

(c)((.)) The operator took immediate and appropriate corrective action in a manner consistent with good air pollution control practice for minimizing emissions during the event, taking into account the total emissions impact of the corrective action, including slowing or shutting down the emissions unit as necessary to minimize emissions, when the operator knew or should have known that an emission standard or permit condition was being exceeded.

((B.))(B) Agency Review. ((The Control Officer)) Upon receipt of a report (((Subsection A.2.))) [SRCAA Regulation I, Article VI, Section 6.08 (A)(2)] from the owner and/or operator describing a breakdown, the Control Officer may:

(1)((.)) Allow continued exempt operation, but only for a limited time period, after which the owner or operator will be required to comply with ((this Regulation)) Section 6.08, or the applicable permit condition, or be subject to the penalties in Article II, Section 2.11. An exemption granted under ((this)) Section 6.08, may be withdrawn if the exempt operation becomes a cause of complaints.

(2)((.)) Require that the facility curtail or cease operations of the equipment, which emits pollutants exceeding any of the limits established by ((this Regulation)) Section 6.08 or in any permit condition, until repairs are completed, if the Control Officer determines that the quantity of pollutants, or the nature of the pollutants, could endanger human health and safety, cause injury to plant and/or animal life, or cause damage to property.

(A)Adoption by Reference. In addition to ((this)) SRCAA Regulation I, Article VI, Section 6.11, ((of the Regulation, the Authority,)) the Agency ((implements and enforces)) adopts by reference Chapter 173-430 WAC. The more stringent requirement in Chapter 173-430 or Section 6.11 supersedes the lesser.

((A.))(B) Purpose. The primary purpose of ((this)) Section 6.11 is to establish specific requirements for agricultural burning in Spokane County, consistent with Chapter 173-430 WAC.

((B.))(C) Applicability. ((This)) Section 6.11 applies to agricultural burning in all areas of Spokane County unless specifically exempted. ((This)) Section 6.11 does not apply to Silvicultural Burning (see Chapter 332-24 WAC) or to Outdoor Burning (see Chapter 173-425 WAC).

((C.))(D) Statement of Authority. The Spokane Regional Clean Air Agency is empowered, pursuant to Chapter 70.94 RCW, to administer the agricultural burning program in Spokane County. Included is the authority to:

(1)((.)) Issue and deny burning permits;

(2)((.)) Establish conditions on burning permits to ((insure)) ensure that the public interest in air, water, and land pollution, and safety to life and property is fully considered;

(3)((.)) Determine if a request to burn is consistent with best management practices, pursuant to WAC 173-430-050; or qualifies for a waiver, pursuant to WAC 173-430-045;

(4)((.)) Delegate local administration of permit and enforcement programs to certain political subdivisions;

(5)((.)) Declare burn days and no-burn days, based on meteorological, geographical, population, air quality, and other pertinent criteria; and

(6)((.)) Restrict the hours of burning, as necessary to protect air quality.

((D.))(E) Definitions. Unless a different meaning is clearly required by context, words and phrases used in ((this)) Section 6.11 shall have the following meaning:

(1)((.)) Agricultural Burning means burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, necessary to destroy weeds or crop residue along farm fence rows, irrigation ditches, or farm drainage ditches, or where identified as a best management practice by the agricultural burning practices and research task force established in RCW 70.94.((650))6528 or other authoritative source on agricultural practices.

(2)((.)) Authority means the Spokane Regional Clean Air Agency (SRCAA or Agency).

(3)((.)) Episode means a period when a forecast, alert, warning, or emergency air pollution stage is declared, as provided in Chapter 173-435 WAC.

(4)((.)) Extreme Conditions means conditions, usually associated with a natural disaster, that prevent the delivery and placement of mechanical residue management equipment on the field, and applies only to the growing of field and turf grasses for seed, for which a waiver is requested.

(5)((.)) Impaired Air Quality, for purposes of agricultural burning, means a condition declared by the ((Authority)) Agency when meteorological conditions are conducive to an accumulation of air contaminants, concurrent with at least one of the following criteria:

(a)((.)) Particulates that are ten (10) microns or smaller in diameter (PM10) are measured at any location inside Spokane County at or above an ambient level of sixty (60) micrograms per cubic meter of air, measured on a twenty-four (24)((-)) hour average, by a method which has been determined, by Ecology or the ((Authority)) Agency, to have a reliable correlation to the federal reference method, 40 CFR ((Title 40)) Part 50 Appendix J, or equivalent.

(b)((.)) Carbon monoxide is measured at any location inside Spokane County at or above an ambient level of eight (8) parts of contaminant per million parts of air by volume (ppm), measured on an eight (8)((-)) hour average by a method which has been determined, by Ecology or the ((Authority)) Agency, to have a reliable correlation to the federal reference method, 40 CFR ((Title 40)) Part 50 Appendix C, or equivalent.

(c)((.)) Particulates that are two and one-half (2.5) microns or smaller in diameter (PM2.5) are measured at any location inside Spokane County at or above an ambient level of fifteen (15) micrograms per cubic meter of air, measured on a twenty-four (24)((-)) hour average, by a method which has been determined, by Ecology or the ((Authority)) Agency, to have a reliable correlation to the federal reference method, 40 CFR ((Title 40)) Part 50 Appendix L, or equivalent.

(d)((.)) Air contaminant levels reach or exceed other limits, established by Ecology pursuant to RCW 70.94.331.

(6)((.)) Nuisance means an emission of smoke or other emissions from agricultural burning that unreasonably interferes with the use and enjoyment of property or public areas.

(7)((.)) Permitting Authority means the Spokane Regional Clean Air Agency (((Authority)) Agency), or one or more of the following entities, whenever the ((Authority)) Agency has delegated administration of the permitting program, pursuant to RCW 70.94.((654)) 6530, to one or more of the referenced entities, provided such delegation of authority has not been withdrawn: Spokane County, the Spokane County Conservation District, or any fire protection agency within Spokane County.

(8)((.)) Pest means weeds, disease, or insects, infesting agricultural lands, crops, or residue.

(9)((.)) Prohibited Materials means garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction debris, demolition debris, metal or any substance (other than natural vegetation) that releases toxic emissions, dense smoke or obnoxious odors, when burned.

(10)((.)) Responsible Person means any person who has applied for and received a permit for agricultural burning, or any person allowing, igniting or attending to agricultural burning, or any person who owns or controls property on which agricultural burning occurs.

((E.))(F) Requirements. No person shall practice or permit the practice of Agricultural Burning, other than incidental agricultural burning pursuant to RCW 70.94.((745(7))) 6524(7), unless the applicant demonstrates to the satisfaction of the ((Authority)) Agency or permitting authority that burning, as requested:

(1)((.)) Is reasonably necessary to successfully carry out the enterprise in which the applicant is engaged; or

(2)((.)) Constitutes a best management practice and no practical alternative is reasonably available.

((F.))(G) Prohibitions. No person shall practice or permit the practice of agricultural burning in any of the following circumstances:

(1)((.)) Where there is a practice, program, technique, or device, that Ecology has certified as a practical alternative to burning.

(2)((.)) When the materials to be burned include any prohibited materials.

(3)((.)) During an episode, as declared by Ecology, or during Impaired Air Quality, as declared by Ecology or the ((Authority)) Agency for a defined geographical area.

(4)((.)) Where burning causes a nuisance or when the ((Authority)) Agency or permitting authority determines that the creation of a nuisance would likely result from burning.

(5)((.)) Without a written permit, issued by the permitting authority, except for incidental agricultural burning, as provided in RCW 70.94.((745(7)))6524(7).

(6)((.)) When the materials to be burned include any material other than natural vegetation generated on the property, which is the burning site, or was transported to the burning site by wind or water.

(7)((.)) In the case of growing of field or turf grasses for seed, unless the request to burn qualifies for a waiver for slope or extreme conditions pursuant to WAC 173-430-045(4).

(8)((.)) When a no-burn day is declared by the ((Authority)) Agency or the permitting authority.

((G.))(H) General Conditions. Considering population density and local conditions affecting air quality, the ((Authority)) Agency or permitting authority shall establish conditions for all permits to minimize air pollution as much as practical. Such conditions may be general (applying to all permits) or specific (applying to individual permits). Conditions may address permissible hours of burning, maximum daily burn acreage or volume of material to be burned, requirements for good combustion practice, burning under specified weather conditions, pre and post-burn reporting, and other criteria, determined by the permitting authority, as necessary to minimize air pollution. Any person who practices or permits the practice of agricultural burning shall, in addition to any specific permit conditions imposed, comply with the general agricultural burning permit conditions and criteria in WAC 173-430-070 and all of the following conditions:

(1)((.)) Whenever an episode or Impaired Air Quality is declared, or other meteorological condition occurs that the permitting authority determines is likely to contribute to a nuisance, all fires shall be extinguished by withholding new fuel or ceasing further ignition, as appropriate to allow the fire to burn down in the most expeditious manner. In no case shall a fire be allowed to burn longer than three (3) hours after declaration of an episode or Impaired Air Quality, or determination of the specific meteorological condition.

(2)((.)) Until extinguished, the fire shall be attended by a person who is responsible for the same, capable of extinguishing the fire, and has the permit or a copy of the permit in his or her immediate possession.

(3)((.)) Burning shall occur only during daylight hours, or a more restrictive period as determined by the ((Authority)) Agency or the permitting authority.

(4)((.)) Permission from the landowner, or the landowner's designated representative, must be obtained before starting the fire.

(5)((.)) The fire district ((of)) having jurisdiction shall be notified by the responsible person, prior to igniting a fire.

(6)((.)) If it becomes apparent at any time to the ((Authority)) Agency or permitting authority that limitations need to be imposed to reduce smoke, prevent air pollution and/or protect property and the health, safety and comfort of persons from the effects of burning, the ((Authority)) Agency or permitting authority shall notify the permittee or responsible person and any limitation so imposed shall become a condition under which the permit is issued.

(7)((.)) Follow the smoke management guidelines of the permitting authority.

((H.))(I) Administrative ((r))Requirements.

(1)((.)) All applicants for agricultural burning permits must submit their requests to burn, on forms or in a format provided by the permitting authority.

(2)((.)) The permitting authority may require additional information from the applicant, as necessary to determine if agricultural burning is reasonably necessary to carry out the enterprise, to determine how best to minimize air pollution, and as necessary to compile information for the annual program summary ((())[Section 6.11 (K)(10)]((.J.10))).

(3)((.)) The permitting authority may deny an application or revoke a previously issued permit if it is determined by the permitting authority that the application contained inaccurate information, or failed to contain pertinent information, which information is deemed by the permitting authority to be significant enough to have a bearing on the permitting authority's decision to grant a permit.

(4)((.)) All applicants for agricultural burning permits shall pay a fee at the time of application, according to the((a schedule of fees)) Consolidated Fee Schedule, established by resolution of the permitting authority. When the permitting authority is the Spokane Regional Clean Air Agency, the fee shall be according to the schedule in Regulation I, Article X.

(5)((.)) No permit for agricultural burning shall be granted on the basis of a previous permit history.

(6)((.)) The permitting authority may waive or reduce the sixty (60)and thirty (30)((-))day advance requirements for submitting and completing a waiver request, made pursuant to WAC 173-430-045(5), if the permitting authority determines that an alternate advance period will suffice for evaluating the request.

((I.))(J) Responsibilities of Farmers. In order to make the required showing, referenced in Section 6.11(F)((.E.)), a farmer, as defined in WAC 173-430-030(7), is responsible for providing the following to the permitting authority, if applicable:

(1)((.)) Advance notice of the potential need to burn, including documentation of pest problems, which if possible, shall be given prior to crop maturity.

(2)((.)) For pest management burning requests, a plan establishing how a recurring pest problem will be addressed through non-burning management practices by the following year, if possible, but by ((or by)) no later than three (3) years.

(3)((.))An evaluation of alternatives to burning, including those successfully and customarily used by other farmers in similar circumstances, with particular attention to alternatives customarily used in Spokane County, which evaluation shall include an explanation as to why the alternatives are unreasonable and burning is necessary.

(4)((.)) A showing as to how burning will meet the applicable crop-specific or general Best Management Practices, established pursuant to RCW 70.94.((650(4)))6528.

(5)((.)) For residue management burn requests, a showing that the residue level meets the permitting authority's criteria for consideration of a residue management burn.

(6)((.)) For residue management burn requests, a showing that non-burning alternatives would limit attaining the desired level of water infiltration/retention, soil erodibility, seed/soil contact, seeding establishment or other desirable agronomic qualities.

(7)((.)) Field access to representatives of the permitting authority.

((J.))(K) Responsibilities of Permitting Authorities. Permitting authorities are responsible for performing the following activities:

(1)((.)) Evaluation of individual permit applications to determine whether the applicant has made the required showing, referenced in Section 6.11(F)((.E)).

(2)((.)) Consultation with a trained agronomist on individual permit applications, as necessary, to evaluate the need to burn and non-burning alternatives.

(3)((.)) Field inspection, as necessary to verify the following:

(a)((.)) Accuracy of information in permit and waiver applications,

(b)((.)) Compliance with permit conditions and applicable laws and regulations, and

(c)((.)) Acreage and materials burned.

(4)((.)) Taking final action on permit applications within seven (7)days of the date the application is deemed complete.

(5)((.)) Incorporation of appropriate permit conditions, both general and specific, as referenced in Section 6.11(H)((.G.)) in order to achieve the following:

(a)((.)) Minimizing air pollution and emissions of air pollutants, and

(b)((.)) ((I))Ensuring that the public interest in air, water, and land pollution, and safety to life and property has been fully considered, in accordance with RCW 70.94.((650 (1)(c)))6528.

(6)((.)) Enforcement and compliance efforts, with the goal of assuring compliance with all applicable laws, regulations, and permit conditions, and ensuring that timely and appropriate enforcement actions are commenced, when violations are discovered.

(7)((.)) Complaint logging and appropriate level of response.

(8)((.)) Collection of fees.

(9)((.)) Declaration of burn days and no-burn days, taking into consideration, at a minimum, the following criteria:

(a)((.)) Local air quality and meteorological conditions;

(b)((.)) Time of year when agricultural burning is expected to occur;

(c)((.)) Acreage/volume of material expected to be burned per day and by geographical location;

(d)((.)) Proximity of burn locations to roads, homes, population centers, and public areas;

(e)((.)) Public interest and safety; and

(f)((.)) Risk of escape of fire onto adjacent lands, during periods of high fire danger.

(10)((.)) Development of smoke management guidelines, that include procedures to minimize the occurrence of nuisance, and to facilitate making burn/no burn decisions.

(11)((.)) Dissemination of burn decisions, as necessary to inform responsible persons and the public.

(12)((.)) Compilation of an annual program summary, which at a minimum, includes the following: