Date of Adoption: December 9, 1999.

Purpose: To clarify current variance practices and align our rules with statutory requirements; to correct a gasoline station reference; and to remove redundant definitions.

Citation of Existing Rules Affected by this Order: Amending Reg. I - Sections 4.01, 4.02, 4.03; Reg. II - Section 2.07; and Reg. III - Sections 1.08, 3.01.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 99-22-102 on November 3, 1999.

Changes Other than Editing from Proposed to Adopted Version: Removed the reference to Article 8 from Section 4.01(b) and moved it to Section 4.01 (b)(2). Changed the word "burning" to "variance" under Section 4.01 (b)(1).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 9, 1999

James Nolan

Director - Compliance

REGULATION I SECTION 4.01 VARIANCES

(a) Any person who owns or is in control of any plant, building, structure, establishment, process or equipment including a group of persons who owns or controls like processes or like equipment, or any material subject to Article 8 of this regulation, may apply to the Board for a variance from rules or regulations governing the quality, nature, duration, or extent of discharge of air contaminants. The application shall be accompanied by such information and data as the Board may require. ((The hearing held hereunder shall be conducted in accordance with the rules of evidence as set forth in RCW 34.04.100 as now or hereafter amended.)) The total time period for a variance and renewal of such variance shall not exceed 1 year. Variances to state rules shall require the approval of the Department of Ecology. The Board may grant such variance, but only after public hearing ((on)) or due notice, if it finds that:

(1) The emissions occurring or proposed to occur do not endanger public health or safety or the environment; and

(2) Compliance with the rules or regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public.

(b) In addition to the requirements of Section 4.01(a) above, applications seeking a variance shall not be considered complete unless the applicant provides:

(1) A list of interested parties and neighbors within 500 feet or more of the property on which the variance is proposed to occur, as deemed necessary by the Air Pollution Control Officer; and

(2) For a variance from Article 8 of this regulation, written estimates of the cost of removing, recycling, or reducing the material in place versus burning the material.

(((b))) (c) No variance shall be granted pursuant to this section until the Board has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public. The Air Pollution Control Officer shall conduct a fact-finding public hearing, upon due notice being published and sent to all interested parties within 500 feet of the property on which the variance is proposed. The Air Pollution Control Officer may require notice to parties beyond 500 feet if deemed necessary. A 30-day advance public notice shall be published in a newspaper of general circulation in the area of the proposed variance and shall include the following information:

(1) The time, date, and place of the hearing;

(2) The name and address of the owner or operator and the source;

(3) A brief description of the variance request; and

(4) The deadline for submitting written comments to the Agency.

(d) After the hearing is held, the Air Pollution Control Officer shall make written findings and forward same with a recommended decision on the variance to the Board. The Board shall take action at a regular board meeting.

(((c))) (e) Any variance or renewal thereof shall be granted within the requirements of Section 4.01(a) and under conditions consistent with the reasons therefor, and within the following limitations:

(1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement or control of the pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available, and subject to the taking of any substitute or alternate measures that the Board may prescribe.

(2) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will require the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Board is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to such timetable.

(3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in Section 4.01(((c)))(e)(1) and 4.01(((c)))(e)(2), it shall be for not more than 1 year.

(f) In addition to the criteria provided by state and federal statutes, the Air Pollution Control Officer may consider the following factors in making findings regarding requests seeking a variance from Article 8 of this regulation:

(1) Unusual individual sites, such as those that are bisected by the no-burn boundary; and

(2) Unusual economic factors, such as extremely high costs for recycling or hauling, that are attributable to some site-specific condition; and

(3) Whether burning in place would be of lower risk or harm to the environment than either removal or reduction in place (chipping, composting, or decay) in such areas as drainages, steep slopes, beaches, and other inaccessible points.

(((d))) (g) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the Board on account of the variance, no renewal thereof shall be granted unless, following a public hearing on the complaint on due notice, the Board finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least 60 days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Board shall give public notice of such application in accordance with rules and regulations of the Board.

(((e))) (h) A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the discretion of the Board. However, any applicant adversely affected by the denial or the terms and conditions of the granting of an application for a variance or renewal of a variance by the Board may obtain judicial review thereof only under the provisions of Chapter 34.05 RCW as now or hereafter amended.

(((f))) (i) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of RCW 70.94.710 through 70.94.730 to any person or his or her property.

(((g) An application for a variance, or for the renewal thereof, submitted to the Board pursuant to this section shall be approved or disapproved by the Board within 65 days of receipt unless the applicant and the Board agree to a continuance.))

(((h))) (j) Variances approved under this section shall not be included in orders or permits provided for in ((Section 301, Chapter 199 Laws of 1991 or RCW 70.94.152)) RCW 70.94.161 until such time as the variance has been accepted by the United States Environmental Protection Agency as part of an approved State Implementation Plan.

AMENDATORY SECTION

REGULATION I SECTION 4.02 ((VARIANCES FROM SECTION 8.03 OF REGULATION I)) BURNING OF STORM OR FLOOD-RELATED DEBRIS

The Control Officer may allow outdoor burning for the exclusive purpose of managing storm or flood-related debris if all other alternatives for disposal of the material would pose a greater danger to the public health and safety or the environment than burning. The request to allow burning shall be made by the entity with permitting jurisdiction as determined under RCW 70.94.660 or 70.94.755. If outdoor burning is allowed, a permit shall be required. All conditions and restrictions pursuant to RCW 70.94.750(1) and 70.94.775 apply to outdoor burning allowed under this section.

(((a) Any person who owns or is in control of any material subject to Section 8.03 of Regulation I may apply to the Agency for a variance from said regulation. The application shall be accompanied by such information as the Agency may require.

(b) The Control Officer may waive Section 8.03 of Regulation I for emergency situations (such as earthquakes, floods, or other unforeseen catastrophic situations) if all other alternatives for disposal of the material would pose a greater danger to public health and safety or the environment than burning. The Air Pollution Control Officer shall consult with the local jurisdictions to determine the necessity for the waiver and geographic extent of the emergency. Notice of the approval shall be published in a local general circulation newspaper and anyone aggrieved by the decision may, within 10 days of the publication, appeal the action to the Board.

(c) For outdoor burning variance applications, the Air Pollution Control Officer is directed by the Board to conduct a fact-finding public hearing, upon due notice being published and sent to all interested parties within 500 feet of the property on which the burning is proposed to occur. The Air Pollution Control Officer can require notice to parties beyond 500 feet if deemed necessary. The Air Pollution Control Officer shall make written findings and forward same with a recommended decision to the Board. The Board shall enter its decision at a regular public meeting.

(d) In addition to the criteria provided by state and federal statutes, the Air Pollution Control Officer may consider the following additional factors in making findings on a variance request:

(1) Unusual individual sites, such as those that are bisected by the no-burn boundary; and

(2) Unusual economic factors, such as extremely high costs for recycling or hauling, that are attributable to some site-specific condition; and

(3) Whether burning in place would be of lower risk or harm to the environment than either removal or reduction in place (chipping, composting, or decay) in such areas as drainages, steep slopes, beaches, and other inaccessible points.

(e) No variance application under Section 4.02(c) will be considered complete unless the applicant provides:

(1) A list of interested parties and neighbors within 500 feet or more of the property on which the burning is proposed to occur, as deemed necessary by the Air Pollution Control Officer; and

(2) Written estimates of the cost of removing, recycling, or reducing the material in place versus burning the material.

(f) All hearings held under Section 4.02(c) shall be conducted in accordance with the Rules of Evidence as set forth in RCW 34.05.100 as now or hereafter amended.))

AMENDATORY SECTION

REGULATION I SECTION 4.03 FILING FEES

(((a))) A fee of $1,000.00 shall be paid to the Agency upon the filing of any variance application ((considered under Section 4.01 of Regulation I)). The applicant shall also pay all costs associated with any legal notice upon being invoiced by the Agency.

(((b) The property owner or agent claiming an emergency under Section 4.02(b) shall pay all costs associated with any legal notice upon being invoiced by the Agency.

(c) A fee of $25.00 shall be paid to the Agency upon the filing of any variance application for fires described in Section 8.02 (c)(4) of Regulation I which would be on property of at least 5 contiguous acres which are not within the anticipated county urban growth area. The applicant shall also pay all costs associated with any legal notice upon being invoiced by the Agency.

(d) A fee of $1,000.00 shall be paid to the Agency upon the filing of any variance application for fires other than those described in Section 4.03(c) of Regulation I. The applicant shall also pay all costs associated with any legal notice upon being invoiced by the Agency.))

AMENDATORY SECTION

REGULATION II SECTION 2.07 GASOLINE STATIONS

(a)Applicability. This section shall apply to all facilities that load gasoline into the fuel tanks of motor vehicles, marine vessels, or aircraft directly from stationary storage tanks.

(1) Stage 1 vapor recovery system requirements shall apply to all gasoline storage tanks with a capacity of greater than 1,000 gallons:

(A) Installed after January 1, 1979; or

(B) Located at facilities with a gasoline throughput greater than 200,000 gallons per calendar year.

(2) Stage 2 vapor recovery system requirements shall apply to all gasoline storage tanks with a capacity of greater than 1,000 gallons (except those used exclusively for aviation or marine gasoline):

(A) Installed after August 2, 1991;

(B) Located at facilities in King, Pierce, and Snohomish Counties with a gasoline throughput greater than 600,000 gallons per calendar year; or

(C) Located at facilities in Kitsap County with a gasoline throughput greater than 840,000 gallons per calendar year.

(b) Stage 1 Requirements. It shall be unlawful for an owner or operator of the facility to cause or allow the transfer of gasoline from a transport tank into a stationary storage tank unless:

(1) The stationary storage tank is equipped with a submerged fill line and a Stage 1 vapor recovery system certified by the California Air Resources Board and installed in accordance with the system's certification requirements; and

(2) The system is visually inspected after each product delivery and any equipment found to be defective (e.g., loose caps or adaptors, stuck poppet valves, damaged gaskets) is repaired or replaced as soon as possible but no later than 7 days after the inspection.

(c) Stage 2 Requirements. It shall be unlawful for an owner or operator of the facility to cause or allow the transfer of gasoline from the stationary storage tank into a motor vehicle fuel tank (except motorcycles) unless:

(1) The stationary storage tank and dispenser are equipped with a Stage 2 vapor recovery system certified by the California Air Resources Board and installed in accordance with the system's certification requirements;

(2) Operating instructions are conspicuously posted and include a warning against topping off and the Department of Ecology's toll-free telephone number for complaints about the system;

(3) The system is inspected on a weekly basis and any equipment found to be defective (e.g., torn bellows, mini-boots or hoses, leaking spouts, swivels or hoses, missing latch coils, stiff swivels) is taken out of service until repaired or replaced; and

(4) The system is tested for compliance with its certification requirements (e.g., pressure decay, back-pressure, air/liquid ratio) and any equipment found to be defective is repaired/replaced and retested for compliance within 30 days. In the event that repair and retesting of defective equipment cannot be accomplished within 30 days, a 30-day extension may be granted in writing, provided that the owner or operator demonstrates in advance to the Control Officer that the equipment is being repaired and retested as soon as possible.

(d) Compliance Tests. Compliance with the requirements in Section 2.07 (c)(4) of this regulation shall be achieved no later than July 1, 2000. Tests shall be performed in accordance with the test methods and Executive Orders of the California Air Resources Board in effect July 1, 1998. (Testing frequencies are specified in the Executive Orders.) These tests shall be exempt from the requirements of Section 3.07 of Regulation I ((this regulation)). However, notification of the test date shall be submitted to the Agency at least 5 days in advance of the test and copies of all test results shall be kept on site for at least 2 years from the date of the test.

AMENDATORY SECTION

REGULATION III SECTION 1.08 SPECIAL DEFINITIONS

(a) ACCEPTABLE SOURCE IMPACT LEVEL (ASIL) means a concentration of a toxic air contaminant in the outdoor atmosphere in any area that does not have restricted or controlled public access that is used to evaluate the air quality impacts of a single source. There are three types of acceptable source impact levels: risk-based, threshold-based, and special. Concentrations for these three types of ASILs are established by the Board after public hearing and are listed in Appendix A of this Regulation III.

(((b) AMPERE-HOURS means the integral of electrical current applied to a plating or anodizing tank (amperes) over a period of time (hours).

(c) ANTI-MIST ADDITIVE means a chemical which reduces the hexavalent chromium emission rate from a tank.

(d) CHROMIC ACID ANODIZING means an electrolytic process by which a metal surface is converted to an oxide surface coating in a solution containing chromic acid.

(e) CHROMIC ACID PLATING means an electrolytic process by which chromium is deposited on a base metal surface.

(f))) (b) COLD SOLVENT CLEANER or COLD CLEANER means a degreasing tank in which a solvent with a true vapor pressure greater than 4.2 kPa (0.6 psia) is not heated at or above the boiling point.

(((g))) (c) ETHYLENE OXIDE AERATOR means any equipment, space, or room in which air is used to remove residual ethylene oxide from sterilized materials.

(((h))) (d) ETHYLENE OXIDE STERILIZER means any chamber or related piece of equipment that uses ethylene oxide or an ethylene oxide mixture in any sterilization or fumigation process.

(((i))) (e) FREEBOARD RATIO means the freeboard height (the distance from the top of the degreaser to the air/solvent vapor interface) divided by the width (lesser horizontal dimension) of the degreaser (measured at the top).

(((j))) (f) REFRIGERATED FREEBOARD CHILLER means a set of cooling coils situated above the condenser which operates at 2°C or less.

(((k))) (g) TOXIC AIR CONTAMINANT (TAC) means any air contaminant listed in Appendix A of this Regulation III ((or listed in the Administrative Regulations of the United States of America in 40 CFR Part 372, Subpart D, as both now exist or are hereinafter amended, and both of which by this reference are incorporated herein and made a part hereof)).

(((l))) (h) VAPOR DEGREASER means a degreasing tank in which the solvent is heated at or above the boiling point.

AMENDATORY SECTION

REGULATION III SECTION 3.01 HARD AND DECORATIVE CHROMIUM ELECTROPLATING AND CHROMIUM ANODIZING

(a) Applicability. This section applies to hard and decorative chromium electroplating and chromium anodizing tanks, except tanks issued an Order of Approval under Regulation I, Section 6.07, for exclusive use in research and development.

(b) Definitions. The following definitions apply to this section:

AMPERE-HOURS means the integral of electrical current applied to a plating or anodizing tank (amperes) over a period of time (hours).

CHROMIUM ANODIZING means an electrolytic process by which a metal surface is converted to an oxide surface coating in a solution containing chromic acid.

DECORATIVE CHROMIUM ELECTROPLATING means an electrolytic process by which a layer of chromium, typically equal to or less than 1 micron, is deposited on a base material using a solution containing chromic acid or trivalent chromium. Current density applied is typically less than 2,400 amperes per square meter of electroplated part and total plating time is typically less than 5 minutes.

HARD CHROMIUM ELECTROPLATING means an electrolytic process by which a layer of chromium, typically greater than 1 micron, is deposited on a base material using a solution containing chromic acid. Current density applied is typically greater than 1,600 amperes per square meter of electroplated part and total plating time is typically greater than 20 minutes.

(c) Hard Chromium Electroplating Standards. It shall be unlawful for a person to cause or allow the operation of a hard chromium electroplating tank unless the tank is equipped with control equipment that limits total chromium emissions to less than the following applicable limit:

Affected Tanks	Emission Limit (mg total chromium/ dscm)
Hard Chromium Electroplating located at a facility with a maximum cumulative potential rectifier capacity of less than 60 million ampere-hours/year and installed prior to December 15, 1993 (potential rectifier capacity may be limited by an Order under Section 6.07 or Section 3.03 of Regulation I)	0.03
Hard Chromium Electroplating, all others	0.015

(d) Decorative Chromium Electroplating and Chromium Anodizing Standards. It shall be unlawful for a person to cause or allow the operation of a decorative chromium electroplating or chromium anodizing tank unless total chromium emissions are controlled using either of the following control techniques:

(1) The tank shall be equipped with control equipment that limits total chromium emissions to less than 0.01 milligrams per dry standard cubic meter; or

(2) A wetting agent shall be employed that reduces the bath surface tension to less than 45 dynes/cm. Bath surface tension must be measured and recorded weekly with a stalagmometer or tensiometer operated and maintained in accordance with the manufacturer's specifications.

(e) Operation and Maintenance Requirements. Chromium electroplating or anodizing tanks using control equipment to comply with the applicable emission limits in Section 3.01(c) or 3.01(d) of this regulation must be operated in accordance with an Order of Approval under Section 6.07 of Regulation I, or an Order issued by the Board under Section 3.03 of Regulation I, which specifies operating and maintenance procedures, monitoring, recordkeeping, and reporting requirements consistent with the federal standards for hard and decorative chromium electroplating and chromium anodizing in 40 CFR Part 63, Subpart N. Compliance with this section is required by January 25, 1997.

(f) Performance Testing Requirements. It shall be unlawful for a person to cause or allow the operation of a chromium electroplating or chromium anodizing tank using control equipment to comply with the applicable emission limits in Section 3.01(c) or 3.01(d) of this regulation unless compliance with the emission limit has been demonstrated with an on-site performance test conducted in accordance with 40 CFR Part 63, Subpart N. Performance testing shall be performed no later than July 24, 1997.

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