WSR 98-11-077

PROPOSED RULES

OLYMPIC AIR POLLUTION

CONTROL AUTHORITY

[Filed May 19, 1998, 12:45 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141

Title of Rule: Amending OAPCA Regulation 1 Article 1, Section 1.07; Article 8, Section 8.03, Solid Fuel Burning Device

Purpose: Amend these Articles and definitions to conform with changes to chapter 70.94 RCW imposed by SHB 1354 as passed by the legislature in 1998

Other Identifying Information: Adoption changes to chapter 70.94 RCW in SHB 1354 as approved by the governor

Statutory Authority for Adoption: Chapter 70.94 RCW

Statute Being Implemented: RCW 70.94.141

Summary: Amending OAPCA Regulation 1, Section 1.07 (definitions) and Section 8.03 to conform with changes to chapter 70.94 RCW under SHB 1354

Reasons Supporting Proposal: The 1998 legislature passed and the governor signed SHB 1354 to make changes to the definition of "impaired air quality stage 1."

Name of Agency Personnel Responsible for Drafting: Jean-Paul Huys, 909 Sleater Kinney Road S.E. #1, 438-8768; Implementation and Enforcement: John Kelly, 909 Sleater Kinney Road, 438-8768

Name of Proponent: Olympic Air Pollution Control Authority (OAPCA), governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Amending OAPCA's Regulation 1, Sections 1.07 (definitions) and 8.03 to conform with changes to chapter 70.94 RCW under SHB 1354. May increase frequency of declarations of impaired air quality curtailments (burn bans) to protect public health

Proposal Changes the Following Existing Rules: It will change the definition of "impaired air quality stage 1."

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provisions of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141 (i)[(1)], RCW 34.05.328 does not apply to this adoption.

Hearing Location: Olympic Air Pollution Control Authority Office, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, on July 8, 1998, at 10:00 a.m

Assistance for Persons with Disabilities: Contact Craig Weckesser by July 3, 1998, (360) 438-8768 ext. 111

Submit Written Comments to: John Kelly, 909 Sleater Kinney Road #1, Lacey, FAX (360) 491-6308, by July 8, 1998

Date of Intended Adoption: August 9, 1998

May 14, 1998

Charles Peace

Executive Director

AMENDATORY SECTION

SECTION 1.07 DEFINITIONS

When used in regulations of the Olympic Air Pollution Control Authority, the following definitions shall apply, unless they are preempted by definitions in individual Articles:

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

(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 one year period which precedes the particular date and which is representative of normal source operation. The Authority shall allow the use of a different time period upon a determination that it is more representative of normal 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.

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

(c) For an 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.

adverse impact on visibility means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairment, and how these factors correlate with (a) times of visitor use of the Federal Class I area, and (b) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas.

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, or where identified as a best management practice by the agricultural burning practices and research task force established in RCW 70.94.650 or other authoritative source on agricultural practices.

agricultural operation means the growing of crops, the raising of fowl or animals as gainful occupation.

air contaminant means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. "Air pollutant" means the same as "air contaminant".

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, property, or which unreasonably interferes with enjoyment of life and property. For the purpose of this Regulation, 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.

air pollution episode means a period when a forecast, alert, warning, or emergency air pollution state is declared, as stated in Chapter 173-435 WAC.

allowable emissions means the emission rate calculated using the maximum rated capacity of the source (unless the stationary source is subject to limits enforceable by the Authority which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

(a) The applicable standards as set forth in 40 CFR part 60 or 61;

(b) Any applicable state implementation plan emissions limitation including those with a future compliance date; or;

(c) The emissions rate specified in an approval order, permit condition, or regulatory order issued by the Authority including those with a future compliance date.

alteration means any addition to or enlargement or replacement; or any major modification or change of the design, capacity, process or arrangement; or any increase in the connected loading of equipment or control facility which will significantly increase or adversely affect the kind or amount of air contaminant emitted.

ambient air means that portion of the atmosphere external to a building to which the general public has access.

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.

ancillary for the purpose of defining "source", means "related".

authority means the Olympic Air Pollution Control Authority.

authorized permitting agent means either the county, county fire marshall, fire districts, or county conservation district, provided an agreement has been signed with the local air pollution control authority or Department of Ecology.

best available control technology (bact) means an emission limitation (including a visible emission standard) based on the maximum degree of reduction for each air pollutant subject to this regulation which would be emitted from any proposed new or modified source which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such sources or modification through application of production processes, available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such air pollutant. In no event shall application of the best available technology result in emissions of any air pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 61. If the reviewing authority determines that technological or economic limitations on the application of the imposition of an emission standard is infeasible, it may instead prescribe a design, equipment, work practice or operational standard, or combination thereof, to meet the requirement of BACT. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results. The term "all known available and reasonable methods of emission control" is interpreted to mean the same as best available control technology.

best available retrofit technology (bart) means any emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing source. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. If an emission limitation is not feasible, a design, equipment, work practice, operational standard, or combination thereof, may be required.

board means the Board of Directors of the Olympic Air Pollution Control Authority.

bubble means a set of emission limits which allows an increase in emissions from a given emissions unit(s) in exchange for a decrease in emissions from another emissions unit(s), pursuant to RCW 70.94.155 and WAC 173-400-120.

capacity factor means the ratio of the average load on equipment or a machine for the period of time considered, to the manufacturer's capacity rating of the machine or equipment.

class i area means any area designated pursuant to § 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:

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

Pasayten Wilderness; and

Spokane Indian Reservation.

combustible refuse means any burnable waste material containing carbon in a free or combined state other than liquid or gases.

combustion and incineration units means units using combustion for waste disposal, steam production, chemical recovery or other process requirements; but excludes open burning.

commenced construction means that the owner or operator has all the necessary preconstruction approvals or permits and either has:

(a) Begun, or caused to begin, a continuous program of actual onsite construction of the source, to be completed within a reasonably time; or

(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 source to be completed within a reasonable time.

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.

control apparatus means any device which prevents or controls the emission of any air contaminant.

control officer means the Air Pollution Control Officer of the Olympic Air Pollution Control Authority.

daylight hours means the hours between official sunrise and official sunset.

director means director of the Washington State Department of Ecology or duly authorized representative.

dispersion technique means a method which attempts to affect the concentration of a pollutant in the ambient air other than by the use of pollution abatement equipment or integral process pollution controls.

ecology means the Washington State Department of Ecology.

emission means a release of air contaminants into the ambient air.

emission limitation means requirement established by the EPA, Ecology, or the Authority which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

emission point means the location (place in horizontal plane and vertical elevation) at which an emission enters the atmosphere.

emission reduction credit (erc) means a credit granted pursuant to WAC 173-400-131. This is a voluntary reduction in emissions.

emission unit means any part of a source or a stationary source which emits or would have the potential to emit any pollutant subject to regulation.

epa means the United States Environmental Protection Agency (usepa).

equipment means any stationary or portable device, or any part thereof, capable of causing the emission of any air contaminant into the atmosphere.

excess emission means emissions of an air pollutant in excess of an emission standard or emission limitation.

excess stack height means that portion of a stack which exceeds the greater of sixty five meters or the calculated stack height described in WAC 173-400-200(2).

facility is defined as all emission units in the same industrial grouping located on contiguous or adjacent properties and under common ownership of control.

federal clean air act (fcaa) means the Federal Clean Air Act, also known as Public Law 88-206, Stat. 392, December 17, 1963, 42 U.S.C. & 401 et seq., as last amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990.

federal land manager means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.

fossil fuel fired steam generator means a device, furnace, or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

fuel burning equipment means any equipment, device or contrivance used for the burning of any fuel, and all appurtenances thereto, including ducts, breechings, control equipment, fuel feeding equipment, ash removal equipment, combustion controls, stacks, chimneys, etc., used for indirect heating in which the material being heated is not contacted by and adds no substances to the products of combustion.

fugitive dust means a particulate emission made airborne by forces of wind, man's activity, or both. Unpaved roads, construction sites, and tilled land are examples of areas that originate fugitive dust. Fugitive dust is a type of fugitive emission.

fugitive emissions means emissions which do not pass, and which could not reasonably pass, through a stack, chimney, vent, or other functionally equivalent opening.

garbage means refuse, animal or vegetable matter as from a kitchen, restaurant or store.

general process unit means an emissions unit using a procedure or combination of procedures for the purpose of causing a change in material by either chemical or physical means, excluding combustion.

generating equipment means any equipment, device, process or system that creates any air contaminant(s) or toxic air pollutant(s).

good engineering practice (gep) refers to a calculated stack height based on the equation specified in WAC 173-400-200 (2)(a)(ii).

hog-fuel means wood slabs, edging, trimmings, etc., which have been put through a "hog" to reduce them to a uniform small size, and also includes shavings from planing mills, sawdust from saw-kerfs, bits of bark, chips and other small recovered products from the manufacture of wood products or any combination thereof.

identical units means units installed and operated in a similar manner on the same premises provided the materials handled, processed, or burned are substantially the same in composition and quantity and their design, mode of operation, connected devices and types and quantities of discharge are substantially the same.

impaired air quality means a condition declared by the department or a local air authority in accordance with the following criteria:

(a) Meteorological conditions are conducive to accumulation of air contamination concurrent with:

(1) Particulate that is ten micron and smaller in diameter (PM-10) at or above an ambient level of ((seventy-five)) sixty (60) micrograms per cubic meter measured on a twenty-four-hour average; or

(2) Carbon monoxide at an ambient level of eight parts of contaminant per million parts of air by volume (ppm) measured on an eight-hour average.

(b) Air quality that threatens to exceed other limits established by the department or a local air authority.

incinerator means a furnace used primarily for the thermal destruction of waste.

in operation means engaged in activity related to the primary design function of the source.

integral vista means a view perceived from within a mandatory Class I federal area of a specific landmark or panorama located outside the boundary of the Class I area.

lidar (Light Detection and Ranging) means the EPA alternate method 1 Determination of the opacity of emissions from stationary sources remotely by lidar.

lowest achievable emission rate (laer) means for any source that rate of emissions which reflects the more stringent of:

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

(b) The most stringent emission limitation which is achieved in practice by such class or category of source.

In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source performance standards.

major modification means any physical change, or change in the method of operation, of a major source that would result in a significant net emissions increase of any pollutant subject to regulation under the act. Any net emissions increase that is considered significant for volatile organic compounds and nitrogen oxides shall be considered significant for ozone. A physical change or change in the method of operation shall not include:

(a) Routine maintenance, repair, and replacement;

(b) Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and (b) of the Energy Supply and Environmental Supply Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(c) Use of an alternative fuel by reason of an order or rule under section 125 of the FCAA, 42 U.S.C. 7425;

(d) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

(e) Use of an alternative fuel or raw material by a source which:

(1) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 12, 1976, in a Prevention of Significant Deterioration permit or Notice of Construction Approval; or

(2) the source is approved to use under any permit issued under regulations approved pursuant to this section;

(f) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976 in a Prevention of Significant Deterioration permit or a Notice of Construction Approval.

(g) Any change in ownership of a source.

major source means:

(a) Any source which:

(1) Emits or has the potential to emit one hundred tons per year or more of any air contaminant regulated by the state or Federal Clean Air Act;

(2) Is located in a "marginal" or "moderate" ozone nonattainment area and which emits or has the potential to emit one hundred tons per year or more of volatile organic compounds or oxides of nitrogen;

(3) Is located in a "serious" carbon monoxide nonattainment area where sources contribute significantly to carbon monoxide levels and which emits or has the potential to emit fifty tons per year or more of carbon monoxide; or

(4) Is located in a "serious" particulate matter (PM-10) nonattainment area and which emits or has the potential to emit seventy tons per year or more of PM-10 emissions.

(5) Emits or has the potential to emit 10 tons or more per year of any toxic air pollutant or 25 tons per year of any combination of toxic air pollutants.

(b) Any physical change that would occur at a source not qualifying under (a) of this subsection as a major source, if the change would constitute a major source by itself;

(c) A major source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone;

(d) The fugitive emissions of a source shall not be included in determining for any of the purposes of this section whether it is a major source, unless the source belongs to one of the following categories of sources or the source is a major source solely due to paragraphs (a)(3) or (a)(4) of this subsection:

(1) Coal cleaning plants (with thermal dryers);

(2) Kraft pulp mills;

(3) Portland cements plants;

(4) Primary zinc smelters;

(5) Iron and steel mills;

(6) Primary aluminum ore reduction plants;

(7) Primary copper smelters;

(8) Municipal incinerators capable of charging more than two hundred fifty tons of refuse per day;

(9) Hydrofluoric, sulfuric, or nitric acid plants;

(10) Petroleum refineries;

(11) Lime plants;

(12) Phosphate rock processing plants;

(13) Coke oven batteries;

(14) Sulfur recovery plants;

(15) Carbon black plants (furnace process);

(16) Primary lead smelters;

(17) Fuel conversion plants;

(18) Sintering plants;

(19) Secondary metal production plants;

(20) Chemical process plants;

(21) Fossil fuel boilers (or combination thereof) totaling more than two hundred fifty million British thermal units per hour heat input;

(22) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels;

(23) Taconite ore processing plants;

(24) Glass fiber processing plants;

(25) Charcoal production plants;

(26) Fossil fuel fired steam electric plants of more than two hundred fifty million British thermal units per hour heat input; and

(27) Any other stationary source category which, as of August 7, 1980, was being regulated under sections 111 or 112 of the Federal Clean Air Act.

mandatory class i federal area means any area defined in § of the FCAA, Subpart D as amended through the adoption date of this rule. The mandatory Class I federal areas in Washington state are as follows:

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

Pasayten Wilderness.

masking means the mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor.

materials handling means the handling, transporting, loading, unloading, storage, and transfer of materials with no significant chemical or physical alteration.

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 sources or that results in the emissions of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.

national emission standards for hazardous air pollutants (neshap) means the federal regulations set forth in 40 CFR Part 61.

natural conditions means naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.

net emissions increase means:

(a) The amount by which the sum of the following exceeds zero:

(1) Any increase in actual emissions from a particular change or change in method of operation at a source; and

(2) Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs before the date that the increase from the particular change occurs.

(c) An increase or decrease in actual emissions is creditable only if:

(1) It occurred no more than one year prior to the date of submittal of a complete notice of construction application for the particular change, or it has been documented by an emission reduction credit, in which case the credit shall expire ten years after the date of original issue of the ERC. Any emissions increases occurring over the life of the ERC shall be counted against the ERC.

(2) Ecology or the Authority has not relied on it in issuing an order of approval for the source under regulations approved pursuant to CFR Part 51, Subpart I or the EPA has not relied on it in issuing a PSD permit pursuant to 40 CFR 52.21 which the order or permit is in effect when the increase in actual emissions from the particular change occurs.

(d) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(e) A decrease in actual emissions is creditable only to the extent that:

(1) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(2) It is federally enforceable at and after the time that actual construction on the particular change begins;

(3) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

(4) Ecology or the Authority has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR 51 Subpart I or Ecology or the Authority has not relied on it in demonstrating attainment or reasonable further progress.

(f) An increase that results from a physical change at a source occurs when the emission unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty days.

new source means:

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

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

new source performance standards (nsps) means the federal regulations set forth in 40 CFR Part 60.

nonattainment area means a clearly delineated geographic area which has been designated by EPA and promulgated as exceeding a national ambient air quality standard or standards for one or more of the criteria pollutants, which includes carbon monoxide, fine particulate matter (PM-10) sulfur dioxide, ozone, and nitrogen dioxide.

notice of construction application means a written application to permit construction of a new source, modification of an existing source, or replacement or substantial alteration of control technology at an existing source. Replacement or substantial alteration of control technology does not include routine maintenance, repair, or parts replacement.

nuisance means an emission that unreasonably interferes with the use and enjoyment of property.

opacity means the degree to which an object seen through a plume is obscured, stated as a percentage.

open burning means the combustion of material in an open fire or in an open container, without providing for the control of combustion or the control of the emissions from the combustion. Wood waste disposal in wigwam burners is not considered open burning.

open fire means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator or kiln.

order of approval or approval order means a regulatory order issued by Ecology or the Authority to approve the Notice of Construction Application for a proposed new source or modification or the replacement or substantial alteration of control technology at an existing stationary source, after review of all information received including public comment as required under Article 5 and Article 7.

owner means and includes the person who owns, leases, supervises or operates the equipment or control apparatus.

particulate matter or particulates means any liquid, other than water, or any solid, which is so finely divided as to be capable of becoming windblown or being suspended in air, or other gas or vapor.

particulate matter emissions means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by a preapproved method by the Authority.

parts per million (ppm) means parts of a contaminant per million parts of gas, by volume, exclusive of water or particulates.

permit means a written warrant or license granted by the Board, Control Officer, or duly authorized Representative or Agent.

person means an individual, firm, public or private corporation, association, partnership, political subdivision, municipality or government agency.

PM-10 means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers 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.

PM-10 emissions means finely divided solid or liquid material, including condensible particulate matter, with an aerodynamic diameter less than or equal to a nominal 10 micrometers 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 Washington State Implementation Plan (SIP).

potential controlled emissions means the emissions from a facility determined as if the facility was operated at maximum capacity, 8,760 hours per year with control equipment operating. Operating control equipment can be considered only if the affect such controls have on emissions is federally enforceable.

potential to emit means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the 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 do not count in determining the potential to emit of a source.

potential uncontrolled emissions means the emissions from a facility determined as if the facility was operated at maximum capacity, 8,760 hours per year with control equipment not operating.

prevention of significant deterioration (psd) means the program set forth in WAC 173-400-141. Ecology has adopted the federal PSD program contained in 40 CFR 52.21 with some changes, which are described in WAC 173-400-141.

process means any equipment, device apparatus, chemical, natural element, procedure, effort, or any combination thereof which performs a service, function, use, or method, leading to an end of a particular performance, or manufacturing production.

projected width means that dimension of a structure determined from the frontal area of the structure, projected onto a plane perpendicular to a line between the center of the stack and the center of the building.

reasonable alternatives means disposal alternatives to open burning that cost less than eight dollars fifty cents per cubic yard. After July 1993, this amount shall be adjusted periodically by department policy.

reasonably attributable means attributable by visual observation or any other technique the Authority deems appropriate.

reasonably available control technology (ract) means the lowest emission limit that a particular 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 source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by quality, and the capital and operating costs of the additional controls. RACT requirements for any source category shall be adopted only after notice and opportunity for comment are afforded.

recreational fire means barbecues and campfires, using charcoal, natural gas, propane, or natural wood, which occur in designated areas, or on private property. Fires used for debris disposal purposes are not considered recreational fires.

refuse means waste as defined in Section 1.07 of this Regulation.

regulation 1 means any regulation, or any subsequently adopted additions or amendments thereto, of the Olympic Air Pollution Control Authority.

regulatory order means an order issued by Ecology or the Authority to an air contaminant source which approves a notice of construction application, limits emissions and/or establishes other air pollution control requirements.

representative or agent means any person authorized by the Control Officer of the Authority to represent him in an official and specific manner.

residential means a two or single family unit.

rubbish means waste as defined in Section 1.07 of the Regulation.

salvage operation means any operation conducted in whole or in part for the salvaging or reclaiming of any product.

significant means a rate of emissions equal to or greater than any one of the following rates:

significant visibility impairment means visibility impairment which interferes with the management, protection, preservation, or enjoyment of visitor visual experience of the Class I area. The determination must be made on a case-by-case basis, taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairment, and how these factors correlate with the time of visitor use of the Class I area and frequency and timing of natural conditions that reduce visibility.

silvicultural burning means burning on any land the Department of Natural Resources protects per RCW 70.94.030(13), 70.94.660, 70.94.690, and pursuant to Chapter 76.04 RCW.

source means all of the emissions unit(s) and all of the pollutant emitting activities which belong to the same industrial grouping, including quantifiable fugitive emissions, that are located on one or more contiguous 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. Pollutant emitting activities shall be considered as part of the same industrial grouping 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.

source category means all sources of the same type or classification.

stack means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct.

stack height means the height of an emission point measured from the ground level elevation at the base of the stack.

standard conditions means a temperature of 20ºC (68ºF) and a pressure of 760 mm (29.92 inches) of mercury.

standard cubic foot of gas means that amount of the gas which would occupy a cube having dimensions of one foot on each side, if the gas were free of water vapor and at standard conditions.

state act means the Washington Clean Air Act, Chapter 70.94 RCW, as amended.

stationary source means any source as defined in this section which is fixed in location temporarily or permanently. 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 of the FCAA.

sulfuric acid plant means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge.

temporary means a period of time not to exceed one (1) year.

total reduced sulfur (trs) means the sum of the sulfur compounds hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides emitted and measured by EPA method 16 or an approved equivalent method and expressed as hydrogen sulfide.

total suspended particulate means particulate matter as measured by the method described in 40 CFR Part 50 Appendix B as in effect on July 1, 1988.

toxic air pollutant(s) (tap) means any class A or Class B toxic air pollutant listed in WAC 173-460-150 and/or WAC 173-460-160.

united states environmental protection agency (usepa) shall be referred to as EPA.

urban growth area means an area defined by RCW 36.70A.030.

vent means any opening through which gaseous emissions are exhausted into the ambient air.

visibility impairment means any perceptible degradation in visibility (visual range, contrast, coloration) not caused by natural conditions.

visibility impairment of class i areas means visibility impairment within the area and visibility impairment of any formally designated integral vista associated with the area.

volatile organic compound (voc) means:

(a) Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This includes any organic compound other than the following, which have negligible photochemical activity: Methane; ethane, methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,1-trichloro 2,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (CFC-22); trifluoromethane (FC-23); 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 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); and perfluorocarbon compounds which fall into these classes:

(1) Cyclic, branched, or linear completely fluorinated alkanes;

(2) Cyclic, branched, or linear completely fluorinated ethers with no unsaturations; and

(3) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

(b) For the purpose of determining compliance with emission limits, VOC will be measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the Authority.

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

waste means unproductive, worthless, useless or rejected material.

waste-wood burner means equipment or facility used solely for the combustion-disposal of waste wood without heat recovery. Such burners shall include, but not be limited to, a wigwam burner, a silo-type burner, or an air-curtain burner.

wigwam or tepee burner - see Waste-wood Burner.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

SECTION 8.03 DEFINITIONS

adequate source of heat means the ability to maintain seventy degrees Fahrenheit (70ºF) at a point three (3) feet above the floor in all normally inhabited areas of a dwelling--garages are specifically excluded.

certified means that a woodstove meets emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by:

(a) EPA in 40 CFR Part 60 Subpart AAA-Standards of Performance for Residential Wood Heaters as amended through July 1, 1990; or

(b) Oregon Department of Environmental Quality Phase 2 emission standards contained in Subsections (2) and (3) of Section 340-21-115, and Oregon Administrative Rules, Chapter 340, Division 21--Woodstove Certification dated November 1984.

commercial means a location that is licensed by the State of Washington to conduct business within the State of Washington.

cook stove means an appliance designed with the primary function of cooking food and containing an integrally built in oven, with an internal temperature indicator and oven rack, around which the fire is vented, as well as a shaker grate ash pan and an ash cleanout below the firebox. Any device with a fan or heat channels used to dissipate heat into the room shall not be considered a cook stove.

impaired air quality stage 1 means a condition declared by the Control Officer when particulates, 10 microns and smaller in diameter, are at an ambient level of ((75)) sixty (60) micrograms per cubic meter measured on a 24 hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight hour average.

impaired air quality stage 2 means a condition declared by the Control Officer when particulates 10 microns and smaller in diameter are at an ambient level of 105 micrograms per cubic meter measured on a 24 hour average.

nonaffected pellet stove means that a pellet stove has an air-to-fuel ratio equal to or greater than 35.0 when tested by an accredited laboratory in accordance with methods and procedures specified by the EPA in 40 CFR Part 60 Appendix A, Reference Method 28A-Measurement of Air to Fuel Ratio and Minimum achievable burn rates for Wood fired Appliances as amended through July 1, 1990.

salt laden wood means any species of wood that has been soaked in salt water.

seasoned wood means wood of any species that has been sufficiently dried so as to contain twenty percent or less moisture by weight.

solid fuel burning device means a device that burns wood, coal, or any other nongaseous or nonliquid fuels, and includes any device burning any solid fuel except those prohibited by Section 8.07. This also includes devices used for aesthetic or spaceheating purposes in a private residence or commercial establishment, which has a heat input less than one million British thermal units per hour. A cook stove is specifically excluded from this definition.

treated wood means wood of any species that has been chemically impregnated, painted, or similarly modified to improve structural qualities or resistance to weathering or deterioration.

woodstove means an enclosed solid fuel burning device capable of and intended for residential space heating and domestic water heating. Any combination of parts, typically consisting of, but not limited to: Doors, legs, flue pipe collars, brackets, bolts and other hardware, when manufactured for the purpose of being assembled, with or without additional owner supplied parts, into a woodstove, is considered a woodstove.

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