Purpose: To more clearly define compliance for sources that are required to have continuous emission monitors.

Citation of Existing Rules Affected by this Order: Repealing Regulation I, Sections 12.02 and 12.04; and amending Regulation I, Sections 9.03, 9.09, 12.01, and 12.03.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 98-06-087 on March 4, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: June 1, 1998.

April 24, 1998

Jay M. Willenberg

Senior Engineer

REGULATION I SECTION 9.03 EMISSION OF AIR CONTAMINANT: VISUAL STANDARD

(a) It shall be unlawful for any person to cause or allow the emission of any air contaminant for a period or periods aggregating more than 3 minutes in any 1 hour, which is:

(1) Darker in shade than that designated as No. 1 (20% density) on the Ringelmann Chart, as published by the United States Bureau of Mines; or

(2) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in Section 9.03 (a)(1).

(b) The density or 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 of the plume nearest the point of emission.

(c) This section shall not apply when the presence of uncombined water is the only reason for the failure of the emission to meet the requirements of this section.

(d) This section shall not apply to solid fuel burning devices, permitted fire training facilities, motor vehicles when operated on public roads, ((or)) aircraft, or equipment subject to Section 9.04.

(e) This section ((Section 9.03(a))) shall not apply to ((any source which meets the requirements of Section 9.09(c))) equipment with an alternate opacity standard issued under Section 3.03 or Section 6.07 that is based upon a correlation with the particulate concentration and that accurately indicates a violation of the applicable particulate emission standards in Section 9.09.

NEW SECTION

REGULATION I SECTION 9.04 OPACITY STANDARDS FOR EQUIPMENT WITH CONTINUOUS OPACITY MONITORING SYSTEMS

(a) Applicability. This section shall apply to all equipment required to be equipped with a continuous emission monitoring system for opacity.

(b) It shall be unlawful for any person to cause or allow the operation of any of the following equipment unless equipped with a continuous emission monitoring system for opacity:

(1) Cement kilns;

(2) Clinker coolers;

(3) Glass furnaces, rated at greater than 1 ton per hour, that burn fuel;

(4) Fuel burning equipment, rated at 100 million Btu per hour or greater, that burns wood, coal, or residual oil; and

(5) Refuse burning equipment rated at greater than 12 tons per day.

(c) It shall be unlawful for any person to cause or allow the emission of any air contaminant from any equipment subject to this section during any hour that:

(1) Averages greater than 5% opacity; or

(2) Contains any consecutive 6-minute period averaging greater than 20% opacity.

(d) Section 9.04 (c)(1) shall not apply to:

(1) Glass furnaces that are tested annually for compliance with the applicable particulate emission standard in Section 9.09; or

(2) Equipment with an alternate opacity standard issued under Section 3.03 or Section 6.07 that is based upon a correlation with the particulate concentration and that accurately indicates a violation of the applicable particulate emission standards in Section 9.09.

(e) This section shall not apply to sources controlled by a venturi scrubber, provided that:

(1) The source is tested annually for compliance with the applicable particulate emission standard in Section 9.09;

(2) The pressure drop across the scrubber is continuously monitored and recorded; and

(3) The scrubbing liquid flow rate and temperature are continuously monitored and recorded.

(f) This section shall not apply to fuel burning equipment that burns residual oil less than 31 days per year, provided that the source implements an alternate opacity monitoring plan issued under Section 3.03 or Section 6.07.

AMENDATORY SECTION

REGULATION I SECTION 9.09 PARTICULATE MATTER EMISSION STANDARDS

(((a))) It shall be unlawful for any person to cause or allow the emission of particulate matter in excess of the following concentrations:

(((b) It shall be unlawful for any person to cause or allow the emission of any air contaminant (as determined by a continuous emission monitoring system) that is:

(1) Greater than 20% opacity for a period or periods aggregating more than 3 minutes in any 1 hour; or

(2) Greater than 5% opacity for a 1-hour average.

(c) The provisions of Section 9.09 (b)(2) shall not apply to any source that has obtained an Order of Approval for a Notice of Construction that correlates the particulate matter concentration with opacity such that any violation of the alternate opacity standard accurately indicates a violation of the applicable emission standard of Section 9.09(a).

(d) The provisions of Section 9.09 (b)(2) shall not apply to any glass furnace that annually tests for compliance with the applicable emission standard of Section 9.09(a).))

AMENDATORY SECTION

REGULATION I SECTION 12.01 APPLICABILITY ((INTRODUCTION))

((Section 12.02 requires the continuous monitoring and periodic source testing of particulate matter emitted from certain sources which could have a substantial impact on the maintenance of ambient air quality standards for particulate matter. It also requires continuous emission or operation monitors for certain new sources. Nothing in Section 12.02 shall be construed to limit the Control Officer's authority to require continuous monitoring or source testing pursuant to Articles 3 or 6 of this Regulation.

Sections 12.03 and 12.04 establish the design specifications, performance specifications, performance test procedures, quality assurance requirements, and data storage and reporting requirements for all continuous emission monitoring (CEM) systems.

A CEM system will be considered inoperative until it has been certified as meeting the EPA or Agency performance specifications using instrumental performance test procedures of 40 CFR Part 60, Appendix B, or those approved by the Agency. The Agency must be advised in writing at least 2 weeks prior to performance specification testing and provided the opportunity to observe and participate in all testing. The Agency reserves the right to require an approved test plan prior to any performance specification testing and to audit a CEM system at any time to determine if it meets the performance specifications.))

This article shall apply to all continuous emission monitoring systems (CEMS) required under an order, operating permit, or regulation of the Agency. This article shall not be construed to relieve any person of the responsibility to comply with any requirement of 40 CFR Part 60, 61, or 63. Portions of these federal requirements that are less stringent than the provisions of Article 12 shall not supercede the requirements of Article 12.

REPEALER

REGULATION I SECTION 12.02 CONTINUOUS EMISSION MONITORING REQUIREMENTS

AMENDATORY SECTION

REGULATION I SECTION 12.03 CONTINUOUS EMISSION MONITORING SYSTEMS ((QUALITY ASSURANCE REQUIREMENTS))

(((a) All continuous monitors shall meet the performance specifications contained in 40 CFR Part 60, Appendix B. Where there is no EPA performance specification the monitor shall meet a performance specification established by the Agency.

(b) All temperature monitors shall be accurate within 5F.

(c) All devices for monitoring pressure loss through a scrubber shall be accurate within 1 inch of water.

(d) All devices for monitoring scrubber liquid supply rate shall be accurate within 5% of the design scrubbing liquid supply rate.

(e) All gaseous continuous emission monitors shall be maintained in accordance with the requirements of 40 CFR Part 60, Appendix F, or alternate requirements approved by the Agency.

(f) All continuous opacity monitors shall be maintained in accordance with the EPA "Recommended Quality Assurance Procedures for Opacity Continuous Emission Monitoring Systems" (EPA 340/1-86-010).

(g) All temperature, scrubber pressure drop and scrubber liquid supply rate monitors shall be maintained in accordance with the manufacturer's recommendations.

(h) Continuous monitoring data shall be considered invalid if any of the following conditions occur:

(1) The monitor is not operated in accordance with the requirements of Sections 12.03 (a) through (g).

(2) The monitor is being zeroed, spanned, or is otherwise inoperative.

(3) An hour contains less than 75% valid data readings.

(4) A day contains less than 90% valid hours when the source is in operation.))

(a) Continuous Monitoring. It shall be unlawful for any person to cause or allow the operation of any equipment required to have a continuous emission monitoring system unless the emissions are continuously monitored in accordance with the requirements of this section.

(b) Data Recovery. The owner or operator shall recover valid hourly monitoring data for at least 95% of the hours that the equipment (required to be monitored) is operated during each calendar month except for:

(1) Periods of monitoring system downtime, provided that the owner or operator demonstrates to the Control Officer that the downtime was not a result of inadequate design, operation, or maintenance, or any other reasonably preventable condition, and any necessary repairs to the monitoring system are conducted in a timely manner; and

(2) Periods authorized under Section 3.03 or Section 6.07.

(c) Quality Assurance. The owner or operator shall install a continuous emission monitoring system that meets the performance specification in 40 CFR Part 60, Appendix B in effect at the time of its installation, and shall operate this monitoring system in accordance with the quality assurance procedures in Appendix F of 40 CFR Part 60 in effect July 1, 1997, and the U.S. Environmental Protection Agency's "Recommended Quality Assurance Procedures for Opacity Continuous Monitoring Systems" (EPA 340/1-86-010).

(d) Data Recording. Monitoring data commencing on the clock hour and containing at least 45 minutes of monitoring data shall be reduced to 1-hour averages. Monitoring data for opacity shall also be reduced to 6-minute averages. All monitoring data shall be included in these averages except for data collected during calibration drift tests and cylinder gas audits, and for data collected subsequent to a failed quality assurance test or audit.

(e) Data Retention: The owner or operator shall retain all monitoring data averages for at least 2 years, including copies of all reports submitted to the Agency and records of all repairs, adjustments, and maintenance performed on the monitoring system. All such data collected after October 1, 1998 shall be retained for at least 5 years.

(f) Data Reporting. The owner or operator shall submit a monthly report to the Agency within 30 days after the end of the month in which the data were recorded. This report shall include:

(1) The date, time period, magnitude (in the units of the standard) and cause of each emission that exceeded an applicable emission standard;

(2) The date and time of all actions taken to correct the problem, including any actions taken to minimize the emissions during the exceedance and any actions taken to prevent its recurrence;

(3) The number of hours that the equipment (required to be monitored) operated each month and the number of valid hours of monitoring data that the monitoring system recovered each month;

(4) The date, time period, and cause of each failure to meet the data recovery requirements of Section 12.03(b) and any actions taken to ensure adequate collection of such data;

(5) The date, time period, and cause of each failure to recover valid hourly monitoring data for at least 90% of the hours that the equipment (required to be monitored) was operated each day;

(6) The results of all cylinder gas audits conducted during the month; and

(7) A certification of truth, accuracy, and completeness signed by an authorized representative of the owner or operator.

(g) Relative Accuracy Tests. All relative accuracy tests shall be subject to the provisions of Section 3.07.

(h) Exemptions. The data recording and reporting requirements of Sections 12.03(d) and 12.03(f) shall not apply to continuous VOC monitoring systems required under Section 2.05 of Regulation II. Further, relative accuracy tests shall not be required of these monitoring systems and may be waived for any other monitoring system not otherwise subject to 40 CFR Part 60, Appendix F, provided that the owner or operator demonstrates to the Control Officer that the emissions are consistently below 10% of the applicable emission standard.

REPEALER

REGULATION I SECTION 12.04 RECORD KEEPING AND REPORTING REQUIREMENTS