Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Adopt Regulation I, Section 3.02; amend Regulation I, Sections 3.11, 5.03, 5.05, 6.11, and 7.09 and Regulation III, Section 2.02.

Purpose: To establish a meeting schedule for the board; adjust maximum civil penalty amount for inflation; clarify reporting requirements for Registration and Operating Permit sources; and update delegation for federal NSPS and NESHAPs.

Other Identifying Information: 3.02 - Meetings of the Board of Directors; 3.11 - Civil Penalties; 5.03 and 5.05 -Registration; 6.11 - New Source Performance Standards (NSPS); 7.09 - General Reporting Requirements; and 2.02 - National Emission Standards for Hazardous Air Pollutants (NESHAPs).

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: Proposal establishes a meeting schedule for the board; increases maximum civil penalty amount for inflation; clarifies reporting requirements for Registration and Operating Permit sources; and updates delegation for federal NSPS and NESHAPs.

Reasons Supporting Proposal: A meeting schedule needs to be established; the maximum civil penalty amount needs to be adjusted for inflation; clarification was needed for reporting requirements for Registration and Operating Permit sources; and the delegation for federal NSPS and NESHAPs needs to be updated.

Name of Agency Personnel Responsible for Drafting: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4078.

Name of Proponent: Puget Sound Air Pollution Control Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal would establish a meeting schedule for the board; increase the maximum civil penalty amount to account for inflation; clarify the reporting requirements for Registration and Operating Permit sources; and update the delegation for federal NSPS and NESHAPs.

Proposal Changes the Following Existing Rules: The maximum civil penalty amount would increase to account for inflation; the reporting requirements for Registration and Operating Permit sources would be clarified; and the delegation for federal NSPS and NESHAPs would be updated.

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

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

Hearing Location: PSAPCA Offices, 110 Union Street, #500, Seattle, WA 98101, on September 10, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010 by September 3, 1998, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Air Pollution Control Agency, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by August 31, 1998.

Date of Intended Adoption: September 10, 1998.

August 4, 1998

James Nolan

Director - Compliance

REGULATION I SECTION 3.02 MEETINGS OF THE BOARD OF DIRECTORS

(a) Regular Meetings. The Agency Board of Directors shall meet at least ten (10) times per year. All Board of Director meetings are open to the public. Regular meetings of the Board shall be held on the second Thursday of each month at 9:00 a.m. at the Agency's offices. The Agency's offices are located at 110 Union Street, Suite 500, Seattle, WA 98101-2038. The Agency may be reached by telephone at (206) 343-8800 or 1-800-552-3565, or by facsimile at (206) 343-7522.

Notice of the meetings shall be published in the State Register, as well as in the local newspapers of general circulation of the largest city within each member county. The notices shall state the time, date, and place of each meeting. Notice shall be provided at least ten (10) days prior to each meeting. The agenda for any meeting may be obtained by contacting the Agency directly.

During any meeting, the Board may retire to Executive Session, at which time all members of the public shall be excluded from the meeting.

Written communications to the Board or individual Board members may be made by contacting the Agency at the above address and facsimile number.

(b) Special Meetings. The Chair or majority of the members of the Board may call a special meeting at any time. Notice of such meetings shall be provided as required by the Open Public Meetings Act, chapter 42.30 RCW.

(c) Public Records. All minutes and records of all regular and special Board meetings, including written communications provided to the Board, shall be available for public inspection and copying as provided in the Public Disclosure Law, chapter 42.17 RCW. Any person wishing to review or copy such records should contact the Agency's records administrator.

AMENDATORY SECTION

REGULATION I SECTION 3.11 CIVIL PENALTIES

(a) Any person who violates any of the provisions of Chapter 70.94 RCW or any of the rules or regulations in force pursuant thereto, may incur a civil penalty in an amount not to exceed (($11,977.00)) $12,288.00 per day for each violation.

(b) Any person who fails to take action as specified by an order issued pursuant to Chapter 70.94 RCW or Regulations I, II, and III of the Puget Sound Air Pollution Control Agency shall be liable for a civil penalty of not more than (($11,977.00)) $12,288.00 for each day of continued noncompliance.

(c) Within 15 days after receipt of a Notice and Order of Civil Penalty, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Any such request must contain the following:

(1) The name, mailing address, telephone number, and telefacsimile number (if available) of the appealing party;

(2) A copy of the Notice and Order of Civil Penalty appealed from;

(3) A short and plain statement showing the grounds upon which the appealing party considers such order to be unjust or unlawful;

(4) A clear and concise statement of facts upon which the appealing party relies to sustain his or her grounds for appeal;

(5) The relief sought, including the specific nature and extent; and

(6) A statement that the appealing party has read the notice of appeal and believes the contents to be true, followed by the party's signature.

Upon receipt of the application, the Control Officer shall remit or mitigate the penalty only upon a demonstration by the requestor of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(d) Any civil penalty may also be appealed to the Pollution Control Hearings Board pursuant to Chapter 43.21B RCW and Chapter 371-08 WAC if the appeal is filed with the Hearings Board and served on the Agency within 30 days after receipt by the person penalized of the notice imposing the penalty or 30 days after receipt of the notice of disposition on the application for relief from penalty.

(e) A civil penalty shall become due and payable on the later of:

(1) 30 days after receipt of the notice imposing the penalty;

(2) 30 days after receipt of the notice of disposition on application for relief from penalty, if such application is made; or

(3) 30 days after receipt of the notice of decision of the Hearings Board if the penalty is appealed.

(f) If the amount of the civil penalty is not paid to the Agency within 30 days after it becomes due and payable, the Agency may bring action to recover the penalty in King County Superior Court or in the superior court of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

(g) Civil penalties incurred but not paid shall accrue interest beginning on the 91st day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the 31st day following final resolution of the appeal.

(h) To secure the penalty incurred under this section, the Agency shall have a lien on any vessel used or operated in violation of Regulations I, II, and III which shall be enforced as provided in RCW 60.36.050.

AMENDATORY SECTION

REGULATION I SECTION 5.03 REGISTRATION REQUIRED

(a) The registration requirements of this article do not apply to:

(1) motor vehicles;

(2) nonroad engines or nonroad vehicles as defined in Section 216 of the federal Clean Air Act;

(3) ((or to)) sources that require an operating permit under Article 7; or

(4) any source, including any listed in Section 5.03(b) below, that has been determined through review by the Control Officer not to warrant registration, due to the amount and nature of air contaminants produced or the potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property. (b) It shall be unlawful for any person to cause or allow the operation of any source required to register under Section 5.03, unless it conforms to all the requirements of Article 5. Except as provided in Section 5.03(a), the owner or operator of each of the following stationary air contaminant sources shall register the source with the Agency by paying the annual fee required by Section 5.07 and submitting any reports required by Section 5.05.

(((6))) (1) Any category of stationary sources to which a federal standard of performance (NSPS) under 40 CFR Part 60, other than Subpart S (Primary Aluminum Reduction Plants), BB (Kraft Pulp Mills), or AAA (New Residential Wood Heaters), applies;

(((7))) (2) Any source category subject to the National Emission Standards for Hazardous Air Pollutants (NESHAP) under 40 CFR Part 61, other than Subpart M (asbestos on roadways, asbestos demolition or renovation activities, or asbestos spraying), or 40 CFR Part 63;

(((9))) (3) Any source ((with the potential to)) that emits any of the following pollutants at a rate of emission equal to or greater than any one of the following rates (tons/year):

(((62))) (4) Any source that has equipment or control equipment, with an approved Notice of Construction under Article 6 of Regulation I; ((or))

(((63))) (5) Any source((, including any listed above,)) that has been determined through review by the Control Officer to warrant registration, due to the amount and nature of air contaminants produced, or the potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property((.));

(((8))) (6) Any source that has elected to opt out of the operating permit program by limiting its potential-to-emit (synthetic minor) or is required to report periodically to demonstrate nonapplicability to EPA requirements under Sections 111 or 112 of the federal Clean Air Act;

(7) Other sources, such as:

(((1) A)) aerosol can-filling facilities;

(((2) A)) agricultural chemical facilities engaging in the manufacturing of liquid or dry fertilizers or pesticides;

(((3) A)) agricultural drying and dehydrating operations;

(((4) A)) alumina processing;

(((5) A)) ammonium sulfate manufacturing plants;

(((10) A)) asphalt and asphalt products production facilities;

(((11) A)) automobile or light-duty truck surface coating operations;

(((12) B)) baker's yeast manufacturing;

(((13) B)) brick and clay manufacturing plants, including tiles and ceramics;

(((14) C)) cattle feedlots with operational facilities that have an inventory of 1,000 or more cattle in operation between June 1 and October 1, where vegetation forage growth is not sustained over the majority of the lot during the normal growing season;

(((15) C)) chemical manufacturing plants;

(((16) C)) coal preparation plants;

(((17) C)) coffee roasting facilities;

(((18) C)) composting operations, including commercial, industrial and municipal, but exempting agricultural and residential composting activities;

(((19) C)) concrete product manufacturers and ready-mix and premix concrete plants;

(((20) C)) crematoria or animal carcass incinerators;

(((21) D)) dry cleaning plants;

(((22) E)) ethylene dichloride, polyvinyl chloride, or vinyl chloride plants;

(((23) E)) explosives production;

(((24) F)) flexible polyurethane foam production;

(((25) F)) flexible vinyl and urethane coating and printing operations;

(((26) G)) gasoline stations, bulk gasoline plants, and gasoline loading terminals;

(((27) G)) gelcoat, polyester, resin, or vinylester coating manufacturing operations at commercial or industrial facilities;

(((28) G)) glass manufacturing plants;

(((29) G)) grain, seed, animal feed, legume, and flour processing operations and handling facilities;

hazardous waste treatment and disposal facilities;

(((30) I)) ink manufacturers;

insulation fiber manufacturers;

(((31) L)) landfills, active and inactive, including covers, gas collection systems, or flares;

(((32) L)) lead-acid battery manufacturing plants;

(((33) L)) lime manufacturing plants;

(((34) M)) metal casting facilities and foundries, ferrous and nonferrous;

metal plating and anodizing operations;

(((35) M)) metallic and nonmetallic mineral processing plants, including rock crushing plants and sand and gravel operations;

(((36) M)) metallurgical processing plants;

(((37) M)) mills such as lumber, plywood, shake, shingle, woodchip, veneer operations, dry kilns, pulpwood insulating board, or any combination thereof;

(((38) M)) mineral wool production;

(((39) M)) mineralogical processing plants;

(((40) M)) municipal waste combustors;

(((41) N)) nitric acid plants;

(((42) P)) paper manufacturers, except Kraft and sulfite pulp mills;

(((43) P)) petroleum refineries;

(((44) P)) pharmaceuticals production;

(((45) P)) plastics and fiberglass product fabrication facilities;

(((46) P)) pneumatic materials conveying operations and industrial house-keeping vacuuming systems that exhaust more than 1,000 acfm to the atmosphere;

(((47) P)) portland cement plants;

(((48) P)) primary copper smelters, lead smelters, magnesium refining and zinc smelters, but excluding primary aluminum plants;

(((49) R)) rendering plants;

(((50) S)) semiconductor manufacturing;

(((51) S)) shipbuilding and ship repair (surface coating);

(((52) S)) soil vapor extraction (active), thermal soil contaminant desorption, or groundwater air stripping remediation projects;

(((53) S)) sulfuric acid plants;

(((54) S)) surface-coating manufacturers;

(((55) S)) surface spray-coating operations, including automotive, metal, cans, pressure-sensitive tape, labels, coils, wood, plastic, rubber, glass, paper, and other substrates;

(((56) S)) synthetic fiber production facilities;

(((57) S)) synthetic organic chemical manufacturing industries;

(((58) T)) tire recapping facilities;

(((59) V)) vegetable oil production;

(((60) W)) wastewater treatment plants; or

(((61) W)) wood treatment((;)).

AMENDATORY SECTION

REGULATION I SECTION 5.05 GENERAL REPORTING REQUIREMENTS FOR REGISTRATION

(a) General. The owner or operator of an air contaminant source for which registration is required by Section 5.03, shall make reports containing information as required by the Agency concerning location, size, and height of contaminant outlets, processes employed, nature and quantity of the air contaminant emission, and such other information as is relevant to air pollution and available or reasonably capable of being assembled.

(b) Registration Form. Registration information shall be provided on forms supplied by the Agency and shall be completed and returned within the time specified on the form.

(c) Reporting Responsibility. The owner, operator, or a designated representative shall sign Agency registration and reporting forms for each source. The owner or operator of the source shall be responsible for notifying the Agency of the existence of the source, and for the accuracy, completeness, and timely submittal of registration reporting information and any accompanying fee.

(d) Emission Reporting. An emission report shall be required from ((each)) the owner or operator of a ((registered)) source requiring registration, ((of)) listing those air contaminants emitted during the previous calendar year that equal or exceed the following (tons/year):

Annual emission rates shall be reported to the nearest whole tons per year for only those air contaminants that equal or exceed the thresholds above.

(e) Operation and Maintenance Plan. Owners or operators of air contaminant sources subject to Section 5.03 above shall develop and implement an operation and maintenance plan to assure continuous compliance with Regulations I, II, and III. A copy of the plan shall be filed with the Control Officer upon request. The plan shall reflect good industrial practice and shall include, but not be limited to, the following:

(1) Periodic inspection of all equipment and control equipment;

(2) Monitoring and recording of equipment and control equipment performance;

(3) Prompt repair of any defective equipment or control equipment;

(4) Procedures for start up, shut down, and normal operation;

(5) The control measures to be employed to assure compliance with Section 9.15 of Regulation I; and

(6) A record of all actions required by the plan.

The plan shall be reviewed by the source owner or operator at least annually and updated to reflect any changes in good industrial practice.

(f) Report of Closure. Continued payment of the annual registration fee to the Agency maintains the registration of the source with the Agency, as well as the status of the source as an operating facility. A source shall only be removed from the registration program after a written request has been received from the owner or operator of the source. It shall be unlawful for any person to operate a source that has been removed from registration, unless the owner or operator has submitted and received an approval for a "Notice of Construction and Application for Approval", in compliance with Article 6.

(g) Report of Change of Ownership. A new owner of a source shall report in writing any change of ownership to the Agency within 90 days of such a change.

AMENDATORY SECTION

REGULATION I SECTION 6.11 NEW SOURCE PERFORMANCE STANDARDS

It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 60, Title 40, of the Code of Federal Regulations (CFR) in effect July 1, ((1997)) 1998 herein incorporated by reference.

AMENDATORY SECTION

REGULATION I SECTION 7.09 GENERAL REPORTING REQUIREMENTS FOR OPERATING PERMITS

(a) Emission Reporting. An emission report shall be required from each owner or operator of an operating permit source, listing ((of)) those air contaminants emitted during the previous calendar year that equal or exceed the following (tons/year):

Annual emission rates shall be reported to the nearest whole tons per year for only those air contaminants that equal or exceed the thresholds above. The owner or operator of a source requiring a Title V operating permit under this Article shall maintain records of information necessary to document any reported emissions or to demonstrate that the emissions were less than the above amounts.

(b) Operation and Maintenance Plan. Owners or operators of air contaminant sources subject to Regulation I Article 7 shall develop and implement an operation and maintenance plan to assure continuous compliance with Regulations I, II, and III. A copy of the plan shall be filed with the Control Officer upon request. The plan shall reflect good industrial practice and shall include, but not be limited to, the following:

(1) Periodic inspection of all equipment and control equipment;

(2) Monitoring and recording of equipment and control equipment performance;

(3) Prompt repair of any defective equipment or control equipment;

(4) Procedures for start up, shut down, and normal operation;

(5) The control measures to be employed to assure compliance with Section 9.15 of Regulation I; and

(6) A record of all actions required by the plan.

The plan shall be reviewed by the source owner or operator at least annually and updated to reflect any changes in good industrial practice.

AMENDATORY SECTION

REGULATION III SECTION 2.02 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 61 or Part 63, Title 40, of the Code of Federal Regulations (CFR) in effect July 1, ((1997)) 1998 herein incorporated by reference.