WSR 98-19-033

PROPOSED RULES

NORTHWEST AIR

POLLUTION AUTHORITY

[Filed September 10, 1998, 3:40 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Northwest Air Pollution Authority Regulation (NWAPA).

Purpose: To repeal, add, and amend sections of the NWAPA Regulation to provide more clarity for users, to modify fee structures for new source review, registration, and asbestos, and to make the registration and new source review programs more consistent with the Department of Ecology.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: Amendatory Sections: 104.1 and 2 Update adoption by reference of current state and federal laws and rules. 133.1 Adjust civil penalty to account for inflation.

200 Add definitions for clarity.

480.3 Change emission performance standards for certified wood stoves.

480.6 Change threshold for ambient concentration of fine particles as to when to issue a curtailment period.

504 Change the amounts of fees collected for agricultural burning when using mobile field burning equipment.

580.3 Streamline and coordinate NWAPA requirement for petroleum liquid storage tanks. New language brings rule in line with federal New Source Performance Standards and Maximum Achievable Control Technology.

580.6 Lowers throughput threshold from 360,000 gallons per year to 200,000 gallons per year for Stage I requirements at gasoline stations.

New Sections: 300 Complete rewrite of new source review program for clarity and consistency with other local and state new source review programs.

301 Rewrites rules for issuance of a "Notice of Construction" approval order.

302 Notice of Completion requirements are clarified.

303 Identifies penalties for establishing an air contaminant source without a "Notice of Construction Order of Approval."

320 Complete rewrite of registration program for clarity and consistency with other state and local registration programs.

321 Establishes source exemptions from the registration program.

322 Rewrite air operating permit rule. Retains current fee calculation method.

324 Establishes new registration fees and new source review fees.

570 Rewrite asbestos programs rules and requirements for clarity and consistency with other local asbestos programs.

Repealed Sections: 300 Notice of Construction When Required.

301 Information Required for Notice of Construction.

302 Issuance of Approval or Order.

303 Notice of Completion-Notice of Violation.

320 Registration Required.

321 General Requirements for Registration.

322 Exemptions from Registration.

323 Classes of Registration.

324 Fees.

325 Transfer.

326 Operating Permits.

570 Asbestos Control Standards.

580.9 High Vapor Pressure Volatile Organic Compound Storage in External Floating Roof Tanks.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: James Randles, 1600 South Second Street, Mount Vernon, WA 98273-5202, (360) 428-1617 ext. 208.

Name of Proponent: Northwest Air Pollution Authority, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: NWAPA Hearing Room, 1600 South Second Street, Mount Vernon, WA 98273-5202, on November 12, 1998, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Susan Cosby by October 28, 1998, (360) 428-1617 ext. 200.

Submit Written Comments to: James Randles, 1600 South Second Street, Mount Vernon, WA 98273, fax (360) 428-1620, by November 11, 1998.

Date of Intended Adoption: November 12, 1998.

September 9, 1998

James B. Randles

Assistant Control Officer

AMENDATORY SECTION

SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES

104.1 All provisions of State Law as it now exists or may be hereafter amended, which is pertinent to the operation the Authority is hereby adopted by reference and made part of the Regulation of the Authority as of May 14, 1998. Specifically, there is adopted by reference the Washington State Clean Air Act (RCW 70.94), the Administrative Procedures Act (RCW 34.04) and RCW 43.21A and 43.21B and the following state rules: WAC 173-400, WAC 173-401, WAC-405, WAC 173-410, WAC 173-415, WAC-420, WAC-421, WAC-422, WAC 173-425, WAC 173-430, WAC 173-433, WAC 173-434, WAC-435, WAC-450, WAC 173-460, WAC 173-470, WAC 173-474, WAC 173-475, WAC 173-480, WAC 173-481, WAC 173-490, WAC 173-491, WAC-492, WAC-495, and WAC 173-802.

104.2 All provisions of the following federal rules are hereby adopted by reference and made part of the Regulation of the Authority as of May 14, 1998: 40 CFR Part 60 (Standards of Performance For New Stationary Sources) subparts A, B, C, Ca, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, AAA, BBB, DDD, FFF, GGG, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW; and 40 CFR Part 61 (National Emission Standards For Hazardous Air Pollutants) Subparts A, B, C, D, E, F, H, I, J, K, L, M, N, O, P, Q, R, T, V, W, Y, BB, FF and 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories) Subparts A, B, C, D, F, G, H, I, L, M, N, O, Q, R, S, T, U, W, X, Y, CC, DD, EE, GG, II, JJ, KK, LL, OO, PP, QQ, RR, VV, and JJJ.

Amended: April 14, 1993, September 8, 1993, December 8, 1993, October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996, March 13, 1997, May 14, 1998, November 12, 1998

AMENDATORY SECTION

SECTION 133 - CIVIL PENALTY

133.1 In addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of Chapter 70.94 RCW, chapter 70.120 RCW, any of the rules in force under such chapters, including the Regulation of the Northwest Air Pollution Authority shall be liable for a civil penalty in an amount of not more than twelve thousand dollars ($12,000) eleven thousand two hundred twenty five dollars ($11,225) per day per violation. Each violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation. Any person who fails to take action as specified by an order shall be liable for a civil penalty of not more than twelve thousand dollars ($12,000) eleven thousand two hundred twenty five dollars ($11,225) for each day of continued noncompliance.

AMENDED: November 14, 1984, April 14, 1993, September 8, 1993, October 13, 1994, February 8, 1996, November 12, 1998

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

SECTION 200 - DEFINITIONS

SIGNIFICANT - means, in reference to a net emission increase or the potential of a source to emit any of the following pollutants, a rate of emission equal to or greater than any of the following rates:

ODOR SOURCE - Any source that incurs two verified odor nuisance complaints within a twelve month time period. Odor nuisance complaints are verified by a NWAPA representative according to the criteria of the NWAPA Regulation Sections 530.1 and 535.3.

COMMERCIAL COMPOSTING FACILITY - a facility that is operated for the purpose of selling or off-site distribution of compost produced via the controlled biological degradation of organic material.

AMENDED: October 13, 1982, November 14, 1984, April 14, 1993, October 13, 1994, February 8, 1996, May 9, 1996, March 13, 1997, November 12, 1998

REPEALER

SECTION 300 - NOTICE OF CONSTRUCTION WHEN REQUIRED

NEW SECTION

SECTION 300 - NEW SOURCE REVIEW

300.1 It shall be unlawful for any person to cause or allow the construction, installation, establishment, or modification of an air contaminant source or emission unit, except those sources that are excluded in Section 300.2, unless a "Notice of Construction and Application for Approval" has been filed with and approved by the Authority.

300.2 Except when part of a new major source or major modification in a nonattainment area, the following air contaminant sources do not need to submit a "Notice of Construction and Application for Approval" approved by the Authority prior to construction, installation, establishment, or modification:

a) Ventilating systems, including fume hoods, not designed to prevent or reduce air contaminant emissions.

b) Fuel burning equipment that has a maximum input rate of:

1) less than 0.5 million Btu per hour (0.15 million joules per second) burning waste-derived fuel; or

2) less than 10 million Btu per hour (3 million joules per second) burning natural gas, propane, or butane; or

3) less than 1 million Btu per hour (0.3 million joules per second) burning any other fuel.

c) Insecticide, pesticide, or fertilizer spray equipment.

d) Internal combustion engines less than the size thresholds of the proposed or final United States Environmental Protection Agency (EPA) New Source Performance Standards (NSPS) 40 CFR Part 60 Subpart FF (Stationary Internal Combustion Engines, 44 FR 43152 7/23/79), or the promulgated EPA NSPS 40 CFR Part 60 Subpart GG (Stationary Gas Turbines).

e) Laboratory equipment used exclusively for chemical or physical analyses.

f) Laundry dryers without control equipment.

g) Dryers or ovens used solely to accelerate evaporation.

h) Routing, turning, carving, cutting, and drilling equipment used for metal, wood, plastics, rubber, leather, or ceramics which does not release air contaminants to the ambient air.

i) Storage tanks:

1) that do not store substances capable of emitting air contaminants; or

2) that store volatile organic liquids having at true vapor pressure less than 1.5 psia; or

3) with a rated capacity equal to or less than 6,000 gallons storing volatile organic liquids; or

4) with a rated capacity equal to or less than 20,000 gallons storing petroleum liquids.

j) Sanitary or storm drainage systems.

k) Welding, brazing, or soldering equipment.

l) Asphalt roofing and laying equipment (not including manufacturing or storage).

m) Restaurants and other retail food-preparing establishments.

n) Gasoline stations without Stage II vapor recovery.

o) Cold solvent cleaners using a solvent with a true vapor pressure less than or equal to 4.2 kPa (0.6 psia).

p) Retail printing operations (not including web presses).

q) Spray painting or blasting equipment used at a temporary location to clean or paint bridges, water towers, buildings, or similar structures.

r) Sources or emission units not listed above that have the potential to emit (uncontrolled) less than the following air pollutants:

s) Sources of hazardous air pollutants listed as exempt from new source review in Chapter 173-460-040 WAC.

t) Any source that has been determined through review by the Control Officer not to warrant a "Notice of Construction and Application for Approval", due to the minimal amount and nature of air contaminants produced, the type of air pollution control device, and potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property. The owner or operator shall submit to the Control Officer, the information necessary to make this determination. The Control Officer shall notify the owner or operator in writing whether a "Notice of Construction and Application for Approval" is required for the source.

300.3 Each "Notice of Construction and Application for Approval" shall be submitted on forms provided by the Authority and shall be accompanied by a set of plans that fully describes the proposed source, the means for prevention or control of the emissions of air contaminants, the appropriate fee as required by Section 324.2, and any additional information required by the Board or Control Officer to demonstrate that the proposed source will meet the requirements of Section 301.

300.4 A "Notice of Construction and Application for Approval" is incomplete until the Authority has received a fee as shown in Section 324.2.

300.5 Within 30 days of receipt of a "Notice of Construction and Application for Approval", the Authority shall notify the applicant in writing if any additional information is necessary to complete the application.

300.6 The Authority shall provide public notice prior to approval or denial of a Notice of Construction if a new or modified source will result in a significant emissions increase. The public notice shall provide for a thirty-day period to receive written comments. No final decision will be made on any "Notice of Construction and Application for Approval" until the comment period has ended and all comments have been considered.

300.7 The applicant, any interested governmental entity, any group, or any person may request a public hearing within the 30-day public notice period published as provided above. Any such request shall indicate the interest of the entity filing it and why a hearing is warranted. The Authority may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held upon such notice and at a time and place as the Authority deems reasonable. The Authority shall provide at least 30 days prior notice of any hearing.

300.8 Control technology determinations issued pursuant to Title 40 Code of Federal Regulations part 63 subpart B shall be administered in accordance with procedures specified therein.

300.9 Any source which currently has an "Order of Approval to Operate" for equipment that meets the exemption criteria listed in Section 300.2 may petition the Authority for recision of the "Order of Approval".

300.10 A completed State Environmental Policy Act Guidelines "Environmental Checklist" shall be submitted on forms provided by the Authority in accordance with Chapter 197-10-365 WAC and Section 312 of this regulation, as part of the required "Notice of Construction and Application for Approval".

PASSED: November 12, 1998

REPEALER

SECTION 301 - INFORMATION REQUIRED FOR NOTICE OF CONSTRUCTION AND APPLICATION FOR APPROVAL, PUBLIC NOTICE, PUBLIC HEARING

NEW SECTION

SECTION 301 - ORDER OF APPROVAL - ORDER TO PREVENT CONSTRUCTION

301.1 Within 60 days of receipt of a complete "Notice of Construction and Application for Approval", or as promptly as possible after the close of the public comment period if subject to the public notice requirements of Section 300 of this Regulation, the Board or Control Officer shall issue an Order of Approval or an Order to Prevent Construction. A person seeking approval to construct or modify a source that requires an operating permit may elect to integrate review of the operating permit application or amendment required by Section 322 of this Regulation provided that any such application shall be processed in accordance with the operating permit program procedures and deadlines.

301.2 An Order of Approval may provide such conditions of operation as are reasonably necessary to assure compliance with all applicable emission standards and regulations.

301.3 No Order of Approval shall be issued unless the "Notice of Construction and Application for Approval" demonstrates to the Board or Control Officer that:

a) the operation of the source at the location proposed will not cause or contribute to a violation of an ambient air quality standard;

b) the source will meet the requirements of all applicable emission standards;

c) best available control technology is employed for the installation of new sources and emission units and the modification of existing sources and emission units; and

d) reasonably available control technology is employed for the replacement of existing control equipment.

e) the source complies with all applicable federally mandated air pollution control programs.

301.4 No Order of Approval shall be issued for a new or modified source of hazardous air contaminants unless the "Notice of Construction and Application for Approval" demonstrates to the Board or Control Officer that:

a) the increased hazardous air pollutant emissions from the source are sufficiently low to protect human health and safety from carcinogenic and/or other toxic effects pursuant to Chapter 173-460-070 WAC; or

b) the emissions from the source will not cause air pollution that exceeds the criteria identified in Chapter 173-460-090 WAC or Chapter 173-460-100 WAC and receives approval from the Department of Ecology.

301.5 An Order of Approval to Construct shall expire if the owner or operator has failed to commence construction of the source within 12 months of the date of its issuance or if construction is discontinued for a period of more than 12 months. The Control Officer may extend the time limit if it is determined that the project still employs BACT.

301.6 An Order to Prevent Construction shall set forth the objections in detail with references to the provisions of this Regulation that would not be met. Such Order shall become final unless, no later than 15 days after the date the Order is served, the applicant petitions for a reconsideration of the Order, with reasons for the reconsideration. The Control Officer shall consider the petition, and shall, within 30 days, give written Order of Approval or final disapproval of the Notice of Construction setting forth the reasons for disapproval.

301.7 It shall be unlawful for an owner or operator of a source or emission unit to not abide by the operating and reporting conditions in the Order of Approval.

PASSED: November 12, 1998

REPEALER

SECTION 302 - ISSUANCE OF APPROVAL OR ORDER

NEW SECTION

SECTION 302 - NOTICE OF COMPLETION

Within 30 days of completion of the installation or modification of an air contaminant source subject to the provisions of Section 300 of this Regulation, the owner, operator or applicant shall file a Notice of Completion in writing with the Authority. Each Notice of Completion shall specify the date upon which operation of the source has commenced or will commence.

PASSED: November 12, 1998

REPEALER

SECTION 303 - NOTICE OF COMPLETION - NOTICE OF VIOLATION

NEW SECTION

SECTION 303 - WORK DONE WITHOUT AN APPROVAL

Where work for which a "Notice of Construction and Application for Approval" is required is commenced or performed prior to making application and receiving approval, the Control Officer may conduct an investigation as part of the Notice of Construction review. In such a case, an investigation fee, in addition to the fees of Section 324.2, shall be assessed in an amount equal to 3 times the fees of Section 324.2. Payment of the fees does not relieve any person from the requirement to comply with any air regulation nor from any penalties for failure to comply.

PASSED: November 12, 1998

REPEALER

SECTION 320 - REGISTRATION REQUIRED

NEW SECTION

SECTION 320 - REGISTRATION PROGRAM

320.1 Program Authority, Applicability and Purpose. As authorized by RCW 70.94.151, the Board, by this Regulation, classifies air contaminant sources which may cause or contribute to air pollution. This classification is made according to levels and types of emissions and other characteristics that cause or contribute to air pollution. The Board requires both registration and reporting for these classes of air contaminant sources. The classifications are made for the entire area of jurisdiction of the Authority and are made with special reference to effects on health, economic and social factors, and physical effects on property. Information collected through the registration program is used to evaluate the effectiveness of air pollution control strategies and to verify source compliance with applicable air pollution requirements.

320.2 Registration and Reporting. Any person operating or responsible for the operation of an air contaminant source for which registration and reporting are required, shall register the source with the Authority. The owner or operator shall make reports to the Authority containing information as may be required by the Authority concerning location, size, and height of contaminant outlets, processes employed, nature of the air contaminant emission, and such other information as is relevant to air pollution and available or reasonably capable of being assembled.

320.3 Annual Registration Fees. The Board requires that a fee accompany registration and has determined the amount of this fee for each class of air contaminant source to be as shown in Section 324.1. The amount of fees collected shall not exceed the costs of administering this registration program, which shall be defined as:

a) initial registration and annual or other periodic reports from the source owner or operator providing the information directly related to air pollution registration;

b) on-site inspections necessary to verify compliance with registration requirements;

c) data storage and retrieval systems necessary for support of the registration program;

d) emission inventory reports and emission reduction credits computed from information provided by sources pursuant to the requirements of the registration program;

e) staff review, including engineering analysis for accuracy and currentness, of information provided by sources pursuant to the requirements of the registration program;

f) clerical and other office support provided in direct furtherance of the registration program; and

g) administrative support provided in directly carrying out the registration program.

320.4 Any registered source which ceases to operate any air contaminant source for one (1) year or more or said source leaves the jurisdiction of the Authority and does not pay the annual registration fees, the source shall be considered a new source and shall submit a "Notice of Construction and Application for Approval" and receive approval from the Board prior to resumption of operation or re-entry into the jurisdiction of the Authority.

320.5 Registration Required

320.5.1 Source classification list. The following source categories shall register with the Authority:

a) abrasive blasting operations;

b) aerosol can-filling facilities;

c) agricultural chemical facilities engaged in the manufacturing of liquid or dry fertilizers or pesticides;

d) agricultural drying and dehydrating operations;

e) alumina processing;

f) ammonium sulfate manufacturing plants;

g) any source category subject to a federal standard of performance (NSPS) under 40 CFR Part 60, other than Subpart S (Primary Aluminum Reduction Plants), Subpart BB (Kraft Pulp Mills), or Subpart AAA (Standards of Performance for New Residential Wood Heaters);

h) any source category subject to a National Emission Standard for Hazardous Air Pollutants (NESHAP's) under 40 CFR Part 61, other than Subpart M (National Emission Standard for Asbestos), or a Maximum Achievable Control Technology (MACT) standard established under Section 112 of the Federal Clean Air Act (FCAA);

i) 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 FCAA;

j) any source that has equipment or control equipment, with an approved Notice of Construction from the NWAPA;

k) any source, stationary source or emission unit with significant emissions;

l) any source or emission unit from which emissions exceed the threshold levels for toxic air pollutants as specified in Chapter 173-401-531 WAC;

m) asphalt and asphalt products production facilities, not including asphalt laying equipment;

n) automobile and light-duty truck surface coating operations;

o) baker's yeast manufacturing;

p) brick and clay manufacturing plants, including tiles and ceramics;

q) casting facilities and foundries, ferrous and nonferrous;

r) cattle feedlots with operational facilities which have an inventory of one thousand 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 growth season;

s) chemical manufacturing plants;

t) coal preparation plants;

u) coffee roasting facilities;

v) composting operations, including commercial, industrial and municipal, but exempting residential and agricultural composting activities;

w) concrete product manufacturers and ready mix and premix concrete plants;

x) crematoria or animal carcass incinerators;

y) dry cleaning plants;

z) ethylene dichloride, polyvinyl chloride, or vinyl chloride plants;

aa) explosives production;

bb) flexible polyurethane foam production;

cc) flexible vinyl and urethane coating and printing operations;

dd) gasoline stations (>200,000 gallons per year) and bulk gasoline plants (>200,000 gallons per year);

ee) gelcoat, polyester, resin, or vinylester coating manufacturing operations at commercial or industrial facilities;

ff) glass manufacturing plants;

gg) grain, seed, animal feed, legume, and flour processing operations and handling facilities;

hh) graphic art systems;

ii) hay cubers and pelletizers;

jj) hazardous waste treatment and disposal facilities;

kk) hospitals, specialty and general medical surgical;

ll) ink manufacturers;

mm) insulation fiber manufacturers;

nn) lead-acid battery manufacturing plants;

oo) lime manufacturing plants;

pp) materials handling and transfer facilities that generate fine particulate, which may include pneumatic conveying, cyclones, baghouses, and industrial housekeeping vacuuming systems that exhaust to the atmosphere;

qq) meat packing plants;

rr) metal plating and anodizing operations;

ss) metallic and nonmetallic mineral processing plants, including rock crushing plants, and sand and gravel operations;

tt) mills: such as lumber, plywood, shingle, woodchip, veneer operations, dry kilns, pulpwood insulating board, or any combination thereof;

uu) mills: wood products (cabinet works, casket works, furniture, wood byproducts);

vv) mineral wool production;

ww) mineralogical processing plants;

xx) municipal waste combustors;

yy) natural gas transmission and distribution (SIC 4953);

zz) nitric acid plants;

aaa) odor sources;

bbb) other metallurgical processing plants;

ccc) paper manufacturers;

ddd) petroleum refineries;

eee) pharmaceuticals production;

fff) plastics and fiberglass product fabrication facilities;

ggg) pneumatic materials conveying operations and industrial housekeeping vacuuming systems that exhaust more than 1000 acfm to the atmosphere;

hhh) portland cement plants;

iii) primary copper smelters, lead smelters, magnesium refining and zinc smelters, but excluding primary aluminum plants;

jjj) refuse systems including: incinerators, dumps and landfills (active and inactive, including covers, gas collection systems or flares);

kkk) rendering plants;

lll) salvage operations (scrap metal, junk);

mmm) semiconductor manufacturing;

nnn) shipbuilding and ship repair (surface coating);

ooo) soil and groundwater remediation projects;

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

qqq) sulfuric acid plants;

rrr) surface coating manufacturers;

sss) surface coating operations including: metal, cans, pressure sensitive tape, labels, coils, wood, plastic, rubber, glass, paper and other substrates, excluding surface coating by use of aqueous solution or suspension;

ttt) synthetic fiber production facilities;

uuu) tire recapping facilities;

vvv) utilities (combination of electrical and gas, and other utility services (SIC 4931, 4932, 4939);

www) vegetable oil production;

xxx) wastewater treatment plants;

yyy) wood treatment; and

zzz) 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.

320.5.2 Equipment classification list. The owner or operator of the following equipment shall register with the Authority:

a) all natural gas only fired boilers above 10 million Btu per hour input;

b) chemical concentration evaporators;

c) degreasers of the cold or vapor type in which more than five percent of the solvent is comprised of halogens or such aromatic hydrocarbons as benzene, ethylbenzene, toluene or xylene;

d) flares utilized to combust any gaseous material;

e) fuel burning equipment with a heat input of more than one million Btu per hour, except heating, air conditioning systems, or ventilating systems not designed to remove contaminants generated by or released from equipment;

f) ovens, burn-out or heat-treat;

g) stationary internal combustion engines and turbines rated at five hundred horsepower or more;

h) storage tanks, reservoirs, or containers:

1) with a rated capacity greater than 6,000 gallons storing volatile organic liquids, other than petroleum liquids, having a true vapor pressure equal to or greater than 1.5 psia.

2) With a rated capacity greater than 40,000 gallons storing petroleum liquids having a true vapor pressure equal to or greater than 1.5 psia.

i) vapor collection systems within commercial or industrial facilities;

j) waste oil burners above 0.5 million Btu heat output; and

k) woodwaste incinerators.

PASSED: November 12, 1998

REPEALER

SECTION 321 - GENERAL REQUIREMENTS FOR REGISTRATION

NEW SECTION

SECTION 321 - EXEMPTIONS FROM REGISTRATION

Exclusion from registration does not absolve the owner, lessee, or his registered agent from all other requirements of the Regulation of this Authority. Exemption from registration does not apply to any control facility or device required to be installed in order to meet the emission and/or ambient standards of this Regulation.

The following sources of air pollution are exempt from registration:

321.1 Motor vehicles.

321.2 Non-road engines (as defined in Section 216 of the FCAA).

321.3 Non-road vehicles (as defined in Section 216 of the FCAA).

321.4 Sources that require an air operating permit per Chapter 173-401 WAC.

The Control Officer may exempt sources with an annual potential to emit (uncontrolled) under the thresholds identified in Sections 321.5 and 321.6.

321.5 Criteria air pollutants:

a) 5 tons per year of carbon monoxide (CO);

b) 2 tons per year of nitrogen oxides (NO_x);

c) 2 tons per year of sulfur dioxide (SO₂);

d) 1.25 tons per year of particulate matter (PM);

e) 0.75 tons per year of fine particulate matter (PM₁₀);

f) 2 tons per year of volatile organic compounds (VOC's);

g) 0.005 tons per year of lead.

321.6 Hazardous air pollutants as specified in Chapter 173-401-531 WAC.

PASSED: November 12, 1998

REPEALER

SECTION 322 - EXEMPTIONS FROM REGISTRATION

NEW SECTION

SECTION 322 - AIR OPERATING PERMIT PROGRAM (AOP)

322.1 Purpose. The purpose of this section is to provide for a comprehensive operating permit program consistent with the requirements of Title V of the Federal Clean Air Act (FCAA) Amendments of 1990 and its implementing regulation 40 CFR Part 70, and RCW 70.94.161 and its implementing regulation Chapter 173-401 of the Washington Administrative Code (WAC).

322.2 Applicability. The provisions of this section shall apply to all sources within the NWAPA jurisdiction excluding those regulated by the Washington State Department of Ecology Industrial Section subject to the requirements of Section 7661(a) of the FCAA or Chapter 173-401-300 WAC.

322.3 Compliance. It shall be unlawful for any person to cause or allow the operation of any source subject to the requirements of Chapter 173-401 WAC without complying with the provisions of Chapter 173-401 WAC and any permit issued under its authority.

322.4 Air Operating Permit Fees.

a) The Authority shall levy annual operating permit program fees as set forth in this section to cover the cost of administering its operating permit program.

b) Commencing with the effective date of the operating permit program, the Authority shall assess and collect annual air operating permit fees in its jurisdiction for any source specified in Section 7661(a) of Title V of the FCAA or Chapter 173-401-300 WAC (excluding sources regulated by the Washington State Department of Ecology Industrial Section). The total fees required by the NWAPA to administer the program shall be determined by a workload analysis conducted by the staff and approved annually by a resolution by the Board of Directors. Allocation of the fees to individual affected sources shall be based on the following:

1) Twenty percent (20%) of the total fees shall be allocated equally among all affected sources.

2) Eighty percent (80%) of the total fees shall be allocated based on actual emissions of regulated pollutants identified in the most recent annual emission inventory or potential emissions if actual data are unavailable. A regulated pollutant for fee calculation shall include:

Nitrogen oxides (NO_x);

Volatile organic compounds (VOC's);

Particulate matter with an aerodynamic particle diameter less than or equal to 10 (PM₁₀);

Sulfur dioxide (SO₂);

Lead; and

Any pollutant subject to the requirements under Section 112(b) of the FCAA not included in any of the above categories.

c) Upon assessment by the Authority, fees are due and payable and shall be deemed delinquent if not fully paid within 90 days. Any source that fails to pay a fee imposed under this section within 90 days of the due date shall be assessed a late penalty in the amount of 50 percent of the fee. This late penalty shall be in addition to the fee assessed under this section.

d) The Authority shall collect and transfer to the Washington State Department of Ecology a surcharge established by the Department of Ecology to cover the Department of Ecology's program development and oversight costs attributable to subject sources within the NWAPA jurisdiction. Fees for the Department of Ecology shall be allocated to affected sources in the same manner specified in this section.

e) An affected source subject to the operating permit program that is required to pay an annual operating permit program fee shall not be required to pay a registration fee as specified in Section 324.

PASSED: November 12, 1998

REPEALER

SECTION 323 - CLASSES OF REGISTRATION

REPEALER

SECTION 324 - FEES

NEW SECTION

SECTION 324 - FEES

324.1 Annual Registration Fees

a) The Authority shall levy fees as set forth in Section 324.1(b) below for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the program.

b) Fees

324.2 New Source Review Fees

a) Fees

324.3 Variance Fee. $1,000.00

324.4 Issuance of Emission Reduction Credits. $500.00

324.5 Plan and examination, filing, SEPA review, and emission reduction credit fees may be reduced at the discretion of the Control Officer by up to 75 percent for existing sources implementing pollution prevention or undertaking voluntary and enforceable emission reduction projects.

PASSED: November 12, 1998

REPEALER

SECTION 326 - OPERATING PERMITS

AMENDATORY SECTION

SECTION 480.33 - EMISSION PERFORMANCE STANDARDS

480.33 Emission Standards for Solid Fuel Burning Devices defined as an "affected facility" in "40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters". Stack emissions of certified models shall not exceed:

480.331 4.1 grams particulate per hour for catalytic solid fuel burning devices; and

7.5 grams particulate per hour for non-catalytic solid fuel burning devices effective July 1, l990 to December 31, 1994.

480.332 2.5 grams particulate per hour for catalytic solid fuel burning devices; and

4.5 grams particulate per hour for non-catalytic solid fuel burning devices; effective January 1, 1995.

Solid fuel burning devices with a 35-to-1 or greater air to fuel ratio are exempt from certification.

Amended: April 14, 1993, November 12, 1998

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

SECTION 480.611 CURTAILMENT

480.611 Whenever the Authority has declared the first stage of impaired air quality for the geographical area unless the solid fuel burning device is one of the following:

A. A pellet stove that is either certified or exempted from certification by the EPA under WAC 173-433-150 Chapter 173-433-150 WAC; or

B. A wood stove certified under WAC 173-433-100 Chapter 173-433-100 WAC, RCW 70.94.457 or Title 40 Part 60 Subpart AAA of the Code of Federal Regulations; or

C. A written exemption has been issued for the device under Section 480.8 of this Regulation.

A first stage of impaired air quality is reached when particulates ten microns and smaller in diameter are measured at an ambient level of sixty seventy five micrograms per cubic meter of air by a method which has been determined, by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix J, or equivalent.

Amended: April 14, 1993, November 12, 1998

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

SECTION 504 - AGRICULTURAL BURNING

504.52 The fee shall be the greater of:

504.521 A minimum fee of twenty-five dollars per year per farm which shall be used as follows: Twelve dollars and fifty cents of which goes to the agricultural burning research fund, and the remaining twelve dollars and fifty cents will be kept by the Authority to cover the costs of administering and enforcing this regulation; or

504.522 A variable fee based on the acreage or equivalent of agricultural burning, as well as the means of burning, which will be used as follows: Up to one dollar per acre for applied research, twenty-five cents per acre for ecology administration and one dollar and twenty-five cents per acre for local permit program administration. If the agricultural burn is to be accomplished by using a propane or natural gas fired mobile field burning unit, then the local permit program administration fee shall be sixty cents per acre.

504.53 The Authority shall act on a complete permit application within seven days from the date such complete application is filed.

PASSED: February 14, 1973

AMENDED: By Adoption of WAC 18-16 January 24, 1972, August 9, 1978, June 7, 1990, May 9, 1996, May 14, 1998, November 12, 1998

REPEALER

SECTION 570 - ASBESTOS CONTROL STANDARDS

NEW SECTION

SECTION 570 - ASBESTOS CONTROL STANDARDS

570.1 The Board of Directors of the Northwest Air Pollution Authority recognize that asbestos is a serious health hazard. Any asbestos fibers released into the air can be inhaled and can cause lung cancer, pleural mesothelioma, peritoneal mesothelioma or asbestosis. The Board has, therefore, determined that any asbestos emitted to the ambient air is air pollution. Because of the seriousness of the health hazard, the Board of Directors has adopted this regulation to control asbestos emissions from asbestos removal projects in order to protect the public health. In addition, the Board has adopted these regulations to coordinate with the EPA asbestos NESHAP, the OSHA asbestos regulation, the Washington Department of Labor and Industries asbestos regulations, the Washington Department of Ecology Dangerous Waste regulation, and the solid waste regulations of Island, Skagit and Whatcom Counties.

570.2 DEFINITIONS

a) AHERA BUILDING INSPECTOR means a person who has successfully completed the training requirements for a building inspector established by EPA Asbestos Model Accreditation Plan; Interim Final Rule (40 CFR Part 763, Appendix C to Subpart E, I.B.3) and whose certification is current.

b) AHERA PROJECT DESIGNER means a person who has successfully completed the training requirements for an abatement project designer established by EPA regulations (40 CFR 763.90(g)) and whose certification is current.

c) ASBESTOS means the asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentinite), crocidolite (riebeckite), or anthophyllite.

d) ASBESTOS-CONTAINING MATERIAL means any material containing more than one percent (1%) asbestos as determined using the method specified in EPA regulations Appendix A, Subpart F, 40 CFR Part 763, Section l, Polarized Light Microscopy.

e) ASBESTOS-CONTAINING WASTE MATERIAL means any waste that contains or is contaminated with asbestos-containing material. Asbestos-containing waste material includes asbestos waste from control equipment, materials used to enclose the work area during an asbestos project, asbestos-containing material collected for disposal, asbestos-contaminated waste, debris, containers, bags, protective clothing, or HEPA filters. Asbestos-containing waste material does not include samples of asbestos-containing material taken for testing or enforcement purposes.

f) ASBESTOS PROJECT means any activity involving the abatement, renovation, demolition, removal, salvage, clean up, or disposal of asbestos-containing material, or any other action that disturbs or is likely to disturb any asbestos-containing material. It includes the removal and disposal of stored asbestos-containing material or asbestos-containing waste material. It does not include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other non-asbestos materials to seal or fill exposed areas where asbestos fibers may be released.

g) ASBESTOS SURVEY means a written report describing an inspection using the procedures contained in EPA regulations (40 CFR 763.86), or an alternate method that has received prior written approval from the Control Officer, to determine whether materials or structures to be worked on, renovated, removed, or demolished (including materials on the outside of structures) contain asbestos.

h) COMPETENT PERSON means a person who is capable of identifying asbestos hazards and selecting the appropriate asbestos control strategy, has the authority to take prompt corrective measures to eliminate them, and has been trained and is currently certified in accordance with the standards established by the Washington State Department of Labor & Industries, the federal Occupational Safety & Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction).

i) COMPONENT means any equipment, pipe, structural member, or other item covered or coated with, or manufactured from, asbestos-containing material.

j) DEMOLITION means wrecking, razing, leveling, dismantling, or burning of a structure, making the structure permanently uninhabitable or unusable.

k) FRIABLE ASBESTOS-CONTAINING MATERIAL means asbestos-containing material that, when dry, can be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act upon the material in the course of demolition, renovation, or disposal. Such materials include, but are not limited to, thermal system insulation, surfacing material, and cement asbestos products.

l) LEAK-TIGHT CONTAINER means a dust-tight and liquid-tight container, at least 6-mil thick, that encloses asbestos-containing waste material and prevents solids or liquids from escaping or spilling out. Such containers may include sealed plastic bags, metal or fiber drums, and sealed polyethylene plastic.

m) NONFRIABLE ASBESTOS-CONTAINING MATERIAL means asbestos-containing material that, when dry, cannot be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act on the material in the course of demolition, renovation, or disposal.

n) OWNER-OCCUPIED, SINGLE-FAMILY RESIDENCE means any non-multiple unit building containing space for uses such as living, sleeping, preparation of food, and eating that is currently used by one family who owns the property as their domicile. This term includes houses, mobile homes, trailers, detached garages, houseboats, and houses with a "mother-in-law apartment" or "guest room". This term does not include rental property or multiple-family units, nor does this term include any mixed-use building, structure, or installation that contains a residential unit.

o) PERSON means any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.

p) RENOVATION means altering a facility or a component in any way, except demolition.

q) SURFACING MATERIAL means material that is sprayed-on, troweled-on, or otherwise applied to surfaces including, but not limited to, acoustical plaster on ceilings, paints, fireproofing materials on structural members, or other materials on surfaces for decorative purposes.

r) SUSPECT ASBESTOS-CONTAINING MATERIAL means material that has historically contained asbestos including, but not limited to, surfacing material, thermal system insulation, roofing material, fire barriers, gaskets, flooring material, and siding.

s) THERMAL SYSTEM INSULATION means material applied to pipes, fittings, boilers, tanks, ducts, or other structural components to prevent heat loss or gain.

570.3 ASBESTOS SURVEY REQUIREMENTS

a) Requirements for Renovations

It shall be unlawful for any person to cause or allow a renovation unless the property owner or the owner's agent determines whether there are suspect asbestos-containing materials in the work area and obtains an asbestos survey of any suspect asbestos-containing materials by an AHERA building inspector. An AHERA building inspector is not required for asbestos surveys associated with the renovation of an owner-occupied, single-family residence.

1) If there are no suspect materials in the work area, this determination shall either be posted at the work site or communicated in writing to all contractors involved in the renovation.

2) It is not required that an AHERA building inspector evaluate any material presumed to be asbestos-containing material.

3) Except for renovations of an owner-occupied, single-family residence, only an AHERA building inspector may determine that a suspect material does not contain asbestos.

4) A summary of the results of the asbestos survey shall either be posted by the property owner or the owner's agent at the work site or communicated in writing to all persons who may come into contact with the material.

b) Requirements for Demolitions

It shall be unlawful for any person to cause or allow any demolition unless the property owner or the owner's agent obtains an asbestos survey by an AHERA building inspector of the structure to be demolished.

1) It is not required that an AHERA building inspector evaluate any material presumed to be asbestos-containing material.

2) Only an AHERA building inspector may determine that a suspect material does not contain asbestos.

3) A summary of the results of the asbestos survey shall either be posted by the property owner or the owner's agent at the work site or communicated in writing to all persons who may come into contact with the material.

570.4 NOTIFICATION REQUIREMENTS

a) General Requirements

It shall be unlawful for any person to cause or allow any work on an asbestos project or demolition unless a complete notification, including the required fee and any additional information requested by the Control Officer, has been submitted to the Authority on approved forms, in accordance with the advance notification period requirements contained in 570.4(d) of this Regulation.

1) The duration of an asbestos project shall be commensurate with the amount of work involved.

2) Notification is not required for asbestos projects involving less than 10 linear feet or 48 square feet (per structure, per calendar year) of any asbestos-containing material.

3) Notification is not required for removal and disposal of the following nonfriable asbestos-containing materials: caulking, window glazing, or roofing. All other asbestos project and demolition requirements remain in effect except as provided by Section 570.

4) Notification is required for all demolitions involving public or commercial structures or multi-family residences with 5 or more units, even if no asbestos-containing material is present. All other demolition requirements remain in effect.

5) The written notification shall be accompanied by the appropriate nonrefundable fee as set forth in 570.4(d) of this Regulation unless prior arrangements for payment have been made with the Authority.

6) A copy of the notification, all amendments to the notification, the asbestos survey, and any Order of Approval for an alternate means of compliance shall be available for inspection at all times at the asbestos project or demolition site.

7) Notification for multiple asbestos projects or demolitions may be filed by a property owner on one form if all the following criteria are met:

A) The work will be performed continuously by the same contractor; and

B) A work plan is submitted that includes: a map of the structures involved in the project including the site address for each structure; the amount and type of asbestos-containing material in each structure; and the schedule for performing asbestos project and demolition work. For projects where a detailed work schedule cannot be provided the asbestos contractor and/or the demolition contractor shall participate in the Authority's work schedule fax program and will continue to participate in the program throughout the duration of the project.

8) Annual Notification

A property owner may file one annual notification for asbestos projects to be conducted on one or more structures, vessels, or buildings during each calendar year if all of the following conditions are met:

A) The annual notification shall be filed with the Authority before commencing work on any asbestos project included in an annual notification;

B) The total amount of asbestos-containing material for all asbestos projects from each structure, vessel, or building in a calendar year under this section is less than 260 linear feet on pipes or less than 160 square feet on other components; and

C) The property owner submits quarterly written reports to the Control Officer on Authority-approved forms within 15 days after the end of each calendar quarter.

b) Amendments

1) Mandatory Amendments

An amendment shall be submitted to the Control Officer for the following changes in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in 570.4(d) of this Regulation unless prior arrangements for payment have been made with the Authority:

A) Increases in the project type or job size category that increase the fee or change the advance notification period;

B) Changes in the type of asbestos-containing material that will be removed; or

C) Changes in the start date, completion date, or work schedule, including hours of work. Asbestos contractors or property owners participating in the Authority work schedule fax program are not required to submit amendments for work schedule changes occurring between the start and completion dates.

2) Optional Amendments

A) An amendment may be submitted to the Control Officer for any other change in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in 570.4(d) of this Regulation unless prior arrangements for payment have been made with the Authority.

B) Contractors and property owners participating in the Authority work schedule fax program may, within 45 days after the last completion date on record, submit an amendment to the Control Officer for the removal of additional asbestos-containing material not identified during the asbestos survey. If more than 45 days have lapsed since the last completion date on record, the requirements of 570.4(a), including notification periods and fees, shall apply.

c) Emergencies

The Control Officer may waive the advance notification period, if the property owner submits a written request that demonstrates to the Control Officer that an asbestos project or demolition must be conducted immediately because of any of the following:

1) There was a sudden, unexpected event that resulted in a public health or safety hazard;

2) The project must proceed immediately to protect equipment, ensure continuous vital utilities, or minimize property damage;

3) Asbestos-containing materials were encountered that were not identified during the asbestos survey; or

4) The project must proceed to avoid imposing an unreasonable burden.

d) Notification Period and Fees

.* Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period.

The Control Officer may waive the asbestos project fee and notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.

570.5 ASBESTOS REMOVAL REQUIREMENTS PRIOR TO RENOVATION OR DEMOLITION

a) Removal of Asbestos Prior to Renovation or Demolition

Except as provided in 570.7(c) of this Regulation, it shall be unlawful for any person to cause or allow any demolition or renovation that may disturb asbestos-containing material or damage a structure so as to preclude access to asbestos-containing material for future removal, without first removing all asbestos-containing material in accordance with the requirements of this regulation. Asbestos-containing material need not be removed from a component if the component can be removed, stored, or transported for reuse without disturbing or damaging the asbestos.

b) Exception for Hazardous Conditions

Asbestos-containing material need not be removed prior to a demolition, if the property owner demonstrates to the Control Officer that it is not accessible because of hazardous conditions such as: structures or buildings that are structurally unsound and in danger of imminent collapse, or other conditions that are immediately dangerous to life and health. The property owner must submit the written determination of the hazard by an authorized government official or a licensed structural engineer, and must submit the procedures that will be followed for controlling asbestos emissions during the demolition or renovation and disposal of the asbestos-containing waste material.

570.6 PROCEDURES FOR ASBESTOS PROJECTS

a) Training Requirements

It shall be unlawful for any person to cause or allow any work on an asbestos project unless it is performed by persons trained and certified in accordance with the standards established by the Washington State Department of Labor and Industries, the federal Occupational Safety and Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction) and whose certification is current. This certification requirement does not apply to asbestos projects conducted as part of a renovation in an owner-occupied, single-family residence performed by the resident owner of the dwelling.

b) Asbestos Removal Work Practices

Except as provided in 570.7(c) of this Regulation, it shall be unlawful for any person to cause or allow the removal of asbestos-containing material unless all the following requirements are met:

1) The asbestos project shall be conducted in a controlled area, clearly marked by barriers and asbestos warning signs. Access to the controlled area shall be restricted to authorized personnel only.

2) If a negative pressure enclosure is employed it shall be equipped with transparent viewing ports, if feasible, and shall be maintained in good working order.

3) Absorbent, asbestos-containing materials, such as surfacing material and thermal system insulation, shall be saturated with a liquid wetting agent prior to removal. Any unsaturated, absorbent, asbestos-containing materials exposed during removal shall be immediately saturated with a liquid wetting agent.

4) Nonabsorbent, asbestos-containing materials, such as cement asbestos board or vinyl asbestos tile, shall be continuously coated with a liquid wetting agent on any exposed surface prior to and during removal. Any dry surfaces of nonabsorbent, asbestos-containing materials exposed during removal shall be immediately coated with a liquid wetting agent.

5) Metal components (such as valves, fire doors, and reactor vessels) that have internal asbestos-containing material are exempt from the requirements of 570.6 (b)(3) and 570.6 (b)(4) if all access to the asbestos-containing material is welded shut or the component has mechanical seals, which cannot be removed by hand, that separate the asbestos-containing material from the environment.

6) Except for surfacing materials being removed inside a negative pressure enclosure, asbestos-containing materials that are being removed, have been removed, or may have fallen off components during an asbestos project shall be carefully lowered to the ground or a lower floor, not dropped, thrown, slid, or otherwise damaged.

7) All asbestos-containing waste material shall be sealed in leak-tight containers as soon as possible after removal but no later than the end of each work shift.

8) All absorbent, asbestos-containing waste material shall be kept saturated with a liquid wetting agent until sealed in leak-tight containers while saturated with a liquid wetting agent. All nonabsorbent, asbestos-containing waste material shall be kept coated with a liquid wetting agent until sealed in leak-tight containers while coated with a liquid wetting agent.

9) The exterior of each leak-tight container shall be free of all asbestos residue and shall be permanently labeled with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the federal Occupational Safety and Health Administration.

10) Immediately after sealing, each leak-tight container shall be permanently marked with the date the material was collected for disposal, the name of the waste generator, and the address at which the waste was generated. This marking must be readable without opening the container.

11) Leak-tight containers shall not be dropped, thrown, slid, or otherwise damaged.

12) The asbestos-containing waste material shall be stored in a controlled area until transported to an approved waste disposal site.

c) Method of Removal for Nonfriable Asbestos-Containing Roofing Material

The following asbestos removal method shall be employed for asbestos-containing roofing material that has been determined to be nonfriable by a Competent Person or an AHERA Project Designer:

1) The nonfriable asbestos-containing roofing material shall be removed using methods such as spud bar and knife. Removal methods such as sawing or grinding shall not be employed;

2) Dust control methods shall be used as necessary to assure no fugitive dust is generated from the removal of nonfriable asbestos-containing roofing material;

3) Nonfriable asbestos-containing roofing material shall be carefully lowered to the ground to prevent fugitive dust;

4) After being lowered to the ground, the nonfriable asbestos-containing roofing material shall be immediately transferred to a disposal container; and

5) Each disposal container shall have a sign identifying the material as nonfriable asbestos-containing roofing material.

570.7 ALTERNATE MEANS OF COMPLIANCE

a) Friable Asbestos-Containing Material Removal Alternative

An alternate asbestos removal method may be employed for friable asbestos-containing material if an AHERA Project Designer (who is also qualified as a Certified Hazardous Materials Manager, Certified Industrial Hygienist, Registered Architect, or Professional Engineer) has evaluated the work area, the type of asbestos-containing material, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the planned control method will be equally as effective as the work practices contained in Section 570.6(b) of this Regulation in controlling asbestos emissions. The property owner or the owner's agent shall document through air monitoring at the exhaust from the controlled area that the asbestos fiber concentrations outside the controlled area do not exceed 0.01 fibers/cc, 8 hour average.

The Control Officer may require conditions in the Order of Approval that are reasonably necessary to assure the planned control method is as effective as that required by 570.6(b), and may revoke the Order of Approval for cause.

b) Nonfriable Asbestos-Containing Material Removal Alternative

An alternate asbestos removal method may be employed for nonfriable asbestos-containing material if a Competent Person or AHERA Project Designer has evaluated the work area, the type of asbestos-containing material, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the planned control method will be equally as effective as the work practices contained in 570.6(b) of this Regulation in controlling asbestos emissions.

The Control Officer may require conditions in the Order of Approval that are reasonably necessary to assure the planned control method is as effective as that required by 570.6(b), and may revoke the Order of Approval for cause.

c) Leaving Nonfriable Asbestos-Containing Material in Place During Demolition

Nonfriable asbestos-containing material may be left in place during a demolition, if an AHERA Project Designer (who is also qualified as a Certified Hazardous Materials Manager, Certified Industrial Hygienist, Registered Architect, or Professional Engineer) has evaluated the work area, the type of asbestos-containing materials involved, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the asbestos-containing material will remain nonfriable during all demolition activities and the subsequent disposal of the debris.

The Control Officer may require conditions in the Order of Approval that are reasonably necessary to assure the asbestos-containing material remains nonfriable, and may revoke the Order of Approval for cause.

570.8 DISPOSAL OF ASBESTOS-CONTAINING WASTE MATERIAL

a) Except as provided in 570.8(c) of this Regulation, it shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless it is deposited within 10 days of removal at a waste disposal site authorized to accept such waste.

b) Waste Tracking Requirements

It shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless the following requirements are met:

1) Maintain waste shipment records, beginning prior to transport, using a form that includes the following information:

A) The name, address, and telephone number of the waste generator;

B) The approximate quantity in cubic meters or cubic yards;

C) The name and telephone number of the disposal site operator;

D) The name and physical site location of the disposal site;

E) The date transported;

F) The name, address, and telephone number of the transporter; and

G) A certification that the contents of the consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition to transport by highway according to applicable international and government regulations.

2) Provide a copy of the waste shipment record to the disposal site at the same time the asbestos-containing waste material is delivered.

3) If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 35 calendar days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the disposal site to determine the status of the waste shipment.

4) If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter, report in writing to the Control Officer. Include in the report, a copy of the waste shipment record and a cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.

5) Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least 2 years.

c) Temporary Storage Site

A person may establish a facility for the purpose of collecting and temporarily storing asbestos-containing waste material if the facility is approved by the Control Officer and all the following conditions are met:

1) Accumulated asbestos-containing waste material shall be kept in a controlled storage area posted with asbestos warning signs and accessible only to authorized persons;

2) All asbestos-containing waste material shall be stored in leak-tight containers and the leak-tight containers shall be maintained in good condition;

3) The storage area must be locked except during transfer of asbestos-containing waste material; and

4) Storage, transportation, disposal, and return of the waste shipment record to the waste generator shall not exceed 90 days.

d) Disposal of Asbestos Cement Pipe

Asbestos cement pipe used on public right-of-ways, public easements, or other places receiving the prior written approval of the Control Officer may be buried in place if the pipe is covered with at least 3 feet or more of non-asbestos fill material. All asbestos cement pipe fragments that are 1 linear foot or less and other asbestos-containing waste material shall be disposed of at a waste disposal site authorized to accept such waste.

PASSED: November 12, 1998

AMENDATORY SECTION

580.3 High Vapor Pressure Volatile Organic Compound Storage Tanks

580.31 This section shall apply to all tanks except as noted in Section 580.35 and 580.36 of this section which store volatile organic compounds with a true vapor pressure as stored greater than 10.5 kilopascals (kPa) 1.5 pounds per square inch (psia), but less than 77.7 kPa (11.1 psia) at actual monthly average storage temperatures and have a capacity greater than one hundred fifty thousand liters (40,000 gallons).

580.32 It shall be unlawful for any person to cause or allow storage of volatile organic compounds as specified in Section 580.31 unless each storage tank or container:

580.321 Meets the equipment specifications, and maintenance, monitoring, recordkeeping and reporting requirements of the Federal Standards of Performance for New Stationary Sources - Storage Vessels for Petroleum Liquids (40 CFR 60, subpart Kb); or.

580.322 Is retrofitted with a floating roof or internal floating cover using a metallic seal or a nonmetallic resilient seal at least meeting the equipment specifications of the Federal standards referred to in 580.321 of this subsection, or its equivalent; or

580.323 Is fitted with a floating roof or internal floating cover meeting be manufacturers equipment specifications in effect when it was installed.

580.33 All seals used with equipment subject to this section are to be maintained in good operating condition and the seal fabric shall contain no visible holes, tears or other openings.

580.34 All openings not related to safety are to be sealed with suitable closures.

580.35 Tanks used for the storage of gasoline in bulk gasoline plants and equipped with vapor balance systems as required in 580.52 shall be exempt from the requirements of this section.

580.36 All tanks storing volatile organic compounds with a true vapor pressure greater than 77.7 kPa (11.1 psia) shall be equipped with a vapor recovery system.

PASSED: December 13, 1989 Amended: May 14, 1998, November 12, 1998

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION

SECTION 580.6 - Gasoline Stations

580.61 Section 580.62 shall apply to:

580.611 All gasoline stations with a total annual gasoline throughput greater than seven hundred and fifty-seven thousand liters (200,000 gallons) one million three hundred sixty-four thousand liters (360,000 gallons) and

580.612 All gasoline stations installed or reconstructed after January 1, 1990 with a nominal total gasoline storage capacity greater than thirty-eight thousand liters (10,000).

580.62 It shall be unlawful for any person to cause or allow the transfer of gasoline from any transport tank into any stationary storage tank except as provided in 580.63 of this section unless the following conditions are met:

580.621 Such stationary storage tank is equipped with a permanent submerged fill pipe and approved vapor recovery system, and

580.622 Such transport tank is equipped to balance vapors and is maintained in a vapor-tight condition in accordance with Section 580.10 and

580.623 All vapor return lines are connected between the transport tank and the stationary storage tank and the vapor recovery system is operating.

580.63 Notwithstanding the requirements of 580.61 of this regulation, the following stationary gasoline storage tanks are exempt from the requirements of 580.62:

580.631 All tanks with a capacity less than seven thousand five hundred liters (2,000 gallons) installed before January 1, 1990.

580.632 All tanks with offset fill lines installed before January 1, 1990.

580.633 All tanks with a capacity less than one thousand liters (260 gallons).

580.64 It shall be unlawful for any person to cause or allow the transfer of gasoline from a stationary tank into a motor vehicle fuel tank except as provided in WAC 173-491.

PASSED: February 14, 1990

Amended: April 14, 1993, October 13, 1994, March 13, 1997, May 14, 1998, November 12, 1998

Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

REPEALER

SECTION 580.9 - High Vapor Pressure Volatile Organic Compound Storage in External Floating Roof Tanks

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