Original Notice.

Title of Rule: Draft Regulation I of the Yakima Regional Clean Air Authority.

Purpose: To enable the authority to assist the citizens, jurisdictions, and businesses of Yakima County to restore and maintain air quality which conforms to applicable air quality standards with minimal community disruption.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

Summary: This new regulation should do the following:

1. Assist the authority in obtaining attainment status for two air pollutants in parts of Yakima County.

2. Clarify, correct, and supplement the existing regulation text.

3. Create a regulation in a clearer reading style.

Name of Agency Personnel Responsible for Drafting: Charles R. Stansel, 6 South 2nd Street, Suite 1016, Yakima, WA 98901, (509) 574-1410; Implementation: Les Ornelas, 6 South 2nd Street, Suite 1016, Yakima, WA 98901, (509) 574-1410; and Enforcement: Gary Pruitt, 6 South 2nd Street, Suite 1016, Yakima, WA 98901, (509) 574-1410.

Name of Proponent: Yakima Regional Clean Air Authority, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The new regulation will replace Restated Regulation I of the Yakima County Clean Air Authority. See Summary above.

Proposal Changes the Following Existing Rules: New rules or changes to existing rules are highlighted with underscoring.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not apply to local air pollution control authorities.

RCW 34.05.328 does not apply to this rule adoption. Does not apply to local air pollution control authorities.

Hearing Location: Room 420, Yakima County Courthouse, 128 North 2nd Street, Yakima, WA 98901, on March 8, 2000, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Dema Harris by 12:00 noon, (509) 574-2215.

Submit Written Comments to: Yakima Regional Clean Air Authority, 6 South 2nd Street, Suite 1016, Yakima, WA 98901, fax (509) 574-1411, by March 8, 2000.

Date of Intended Adoption: Local adoption March 8, 2000.

Gary Pruitt

for Les Ornelas

Air Pollution Control Officer

Adopted this ___ day of __________, 2000 by the
Board of Directors, Yakima Regional Clean Air Authority
	Yakima, Washington
	Chairperson
	Member
	Member
	Member
	Member

1.01 NAME OF AUTHORITY (New section)

This agency is known as the Yakima Regional Clean Air Authority, and in this regulation it is referred to as the "authority".

1.02 SHORT TITLE (1.02)

These rules and This body of regulations shall is be known and cited as the "Restated Regulation 1 of the Yakima (County) Regional Clean Air Authority - 1999" and from this section forward it will be referred to as the "regulations".

1.03 POLICY

This section implements Washington Clean Air Act (WCAA) by doing the following:

A. PUBLIC POLICY. (1.01) It is declared to be the public policy of the Yakima County Clean Air Authority to secure and maintain Securing and maintaining such levels of air quality as that will:

1. Protect human health and safety;

2. Prevent injury to plant and animal life and property;

3. Foster the comfort and convenience of the inhabitants of Yakima County;

4. Promote the economic and social development; of Yakima County;

5. Facilitate the enjoyment of the natural attractions therein;

6. Prevent or minimize the transfer of air pollution (App. A) to other resources;

7. Ensure equity and consistency with the FCAA (App. B) and WCAA (App. B);

8. Educate and inform the citizens of Yakima Co. on air quality matters;

9. Maintain accurate and current policies, regulations, and rules;

10. Perform administrative actions in a timely and effective manner; and

11. Therein, and further to Cooperate with the local governments, the Yakama Indian Nation, organizations or citizens on air quality matters in achieving the policy objectives as set forth herein throughout the whole of Yakima County.

B. PROCEDURES AND STANDARDS. Controlling air pollution through procedures, standards, permits, and programs.

C. COMPLIANCE WITH ADOPTED STANDARDS. Ensuring compliance with all air quality rules and standards applicable to a source by all agencies, businesses and citizens.

D. COOPERATION AND COORDINATION. Cooperating and coordinating with federal, state, county, local, and tribal governments; governmental agencies; organizations; businesses; and the public in all matters related to air pollution characterization, measurement, and control.

E. STRATEGIC PLANNING. Developing strategies to avoid, reduce, or prevent air pollution through:

1. Innovative solutions;

2. Early planning; and

3. The integration of air pollution control in the work of other agencies and businesses.

F. GUIDELINES. Preparing guidelines which interpret, implement, and enforce these regulations.

G. BUSINESS ASSISTANCE POLICY. Providing reasonable business and technical assistance to the community.

H. STATE ENVIRONMENTAL POLICY ACT (SEPA). Fully complying with all the requirements of the SEPA (App. B) and holding other agencies, businesses, and individuals accountable for decisions within the jurisdiction of the authority.

I. STATE IMPLEMENTATION PLAN (SIP). Fully complying with the SIP (App. B). Changes in the SIP will be implemented through general rules or regulatory orders.

1.04 CAUSING OR PERMITTING AIR POLLUTION UNLAWFUL - EXCEPTION GENERAL APPLICABILITY (2.01)

Except where specified in a variance permit, as provided herein, it shall be unlawful for any person to cause air pollution or permit it to be caused in violation of these rules and Regulations.

All activities, persons, and businesses under the jurisdiction of this authority are subject to all provisions of these regulations except as described in a variance issued under subsection 3.00D (pg. 3-xx), a waiver granted under subsection 3.03H (pg. 3-xx), or granted exemptions from specific subsections. Implementation of these regulations may be through permits or orders that provide for equal or greater effectiveness in minimizing the effects of an existing or potential source of air pollution.

1.05 ROLES AND RESPONSIBILITIES

A. THE AUTHORITY. The authority is a municipal corporation with the rights described in WCAA (App. B) and exercising jurisdiction within Yakima County, WA.

B. THE BOARD OF DIRECTORS. The governing body of the authority is the board of directors. The board has the power to:

1. Adopt, amend and repeal its own rules and regulations in accordance with RCW 42.30, Open Public Meeting Act and RCW 34.05, Administrative Procedure Act;

2. Hold hearings relating to any aspect related to the administration of WCAA and other applicable law;

3. Issue any orders necessary to carry out the functions of WCAA and enforce them by all appropriate administrative and judicial proceedings;

4. Require access to records, books, files and other information specific to the control, recovery or release of air pollutants into the atmosphere;

5. Obtain necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise;

6. Prepare and develop comprehensive plans for the prevention, abatement and control of air pollution;

7. Encourage voluntary cooperation by persons or affected groups to achieve the purposes of the state and federal laws and regulations;

8. Encourage and conduct studies, investigation and research relating to air pollution and its causes, effects, prevention, abatement and control;

9. Collect and disseminate information and conduct educational and training programs relating to air pollution;

10. Consult, cooperate, or contract with other agencies, departments, educational institutions, governments, and interested persons or groups; and

11. Accept, receive, disburse and administer grants or other funds or gifts from any source, including public and private agencies and the United States government for the purpose of carrying out the functions of WCAA and other applicable laws.

C. THE AIR POLLUTION CONTROL OFFICER. (2.02 A) The air pollution control officer (APCO) is appointed by the board. The Control Officer shall APCO observes and enforces state and federal laws, orders, ordinances, resolutions or rules and regulations of the authority pertaining to the control and prevention of air pollution.

D. ADVISORY COUNCIL. (2.05) The board of the Authority may in its discretion appoint an advisory council to advise and consult with the board and with the Control Officer APCO in effectuating implementing the purposes of these regulations. The board may submit to the advisory council recommendations for the adoption or modification or of regulations or emission standards or other matters that it considers appropriate, but shall not be required to do so.

1.06 RECORDS

A. PURPOSE. To define the policy for protecting records and making them availability to the public.

B. APPLICATION. To provide access to any information available under federal or state law concerning the business of the authority. The provisions of this section shall be interpreted to assure continuing public confidence in the authority.

C. PUBLIC RECORDS.

1. Availability. All public records of the authority are available for public inspection and copying during normal working hours at the office of the authority.

2. Legal Exemptions. Availability of public records is subject to exemptions and requirements of RCW 42.17.310 and RCW 70.94.205.

3. Process. All requests for records shall be processed according to RCW 42.17 and the current fee schedule.

D. CONFIDENTIAL RECORDS. (2.04)

1. Availability. Whenever the authority obtains any records or other information, other than ambient air quality data or emission data, are furnished to or obtained by the Yakima County Clean Air Authority under this regulation which:

a. The owners or operators certify in writing that the information relates to unique processes or production or the release of the information will likely have an adverse affect on the competitive position of the source; and

b. The authority agrees with the certification; then

c. relates to processes or production unique to the owner or operator, or is likely to (adversely) affect the competitive position of such owner or operator (of said processes or production,) and the owner or operator of such processes or production so certifies, such records or The information shall be is only for the confidential use of the Board authority.

2. Summaries for Publication. Nothing herein shall be construed to prevent The authority may use of records or confidential information by the Board in to compile or publishing analysies or summaries relating to the general condition of the outdoor atmosphere; if:

a. provided, that such The analysies or summaries do not reveal any information otherwise confidential under the provisions of this subsection; and

b. provided further, that The emission data furnished given to or obtained by the Board shall be the authority is correlated with applicable emission limitations and other control measures and shall be available for public inspection during normal business hours at the office of the Board authority.

1.07 GENERAL PROVISIONS

A. COMPLIANCE. Failure to comply with any of the following is a violation of this regulation, and may result in either civil or criminal penalties;

1. FCAA (App. B),

2. WCAA (App. B),

3. CFR issued by EPA,

4. WAC issued by ecology,

5. Any section, subsection, or appendix of this regulation,

6. Any permit requirement, or

7. Any order or approval issued by the authority.

B. FALSE OR MISLEADING INFORMATION. No person shall:

1. Statements. (2.03A) willfully make a false or misleading statement to the Board as to any matter within the jurisdiction of the Board. (WAC 173-400-105(7)) Make any false materials statement, representation or certification in any form, notice or report required under this regulation, resolution, permit or order of the authority or by WCAA (App. A),

2. Monitoring Devices. (WAC 173-400-105(8)) Render inaccurate any monitoring device or method required under this regulation, resolution, permit or order of the authority or by WCAA (App. A),

C. ALTERED DOCUMENTS. (2.03 B) No person shall reproduce or alter or cause to be reproduced or altered any order, registration certificate, or other paper issued by the authority if the purpose of such reproduction or alteration is to which evades or violates or aids the evasion or violation of any provision of this regulation or any other law.

D. AVAILABILITY OF ORDERS. (2.03C) Any order or registration certificate required to be obtained by this regulation, shall be available on the premises designated on the order or certificate.

E. POSTING OF NOTICES. (2.03D) In the event that the authority requires a notice to be displayed, it shall be posted. No person shall mutilate, obstruct or remove any notice posted by the authority unless authorized to do so by the board.

PRIMA FACIE EVIDENCE. (5.02B) It shall be prima facie evidence that the person who owns or controls property on which outdoor burning occurs has allowed or caused such open fire.

F. SEVERABILITY. (8.05) If (any phrase, clause, subsection, or) a section of this regulation (shall be) is declared unconstitutional or the application of a section is held invalid, (by any court of competent jurisdiction to any person shall be conclusively presumed that the Board of Directors would have enacted this Regulation without the phrase, clause, subsection, or section so held unconstitutional or invalid and) the remainder of the regulation shall not be affected as a result of said part being held unconstitutional or invalid, nor shall that provision be affected by other persons or circumstances.

G. WAIVER. (5.12C) Nothing in this regulation shall be construed is intended to impair any cause of action or legal remedy therefore of by a person or the public, for or the injury or damage arising from the emission from of any air contaminant in such place, manner or concentration as to constitute air pollution or a common law nuisance.

H. REVISIONS. The board may elect to open the entire regulation, an article, individual sections, specific subsections, or appendices for future revision at any time without opening the remainder of the regulation.

I. DISCLAIMER. Nothing in this regulation relieves a person (App. A) from the obligation to comply with laws, regulations, and standards of state or federal agencies.

J. DEFINITIONS, ACRONYMS, AND ABBREVIATIONS.

1. Commonly Used Definitions. The definitions of terms and phrases used in more than one section of the regulation are located in appendix A, and they are identified in the text with (App. A) following the term. When a definition is copied or abstracted from another source, the source is identified.

2. Commonly Used Acronyms and Abbreviations. Commonly used acronyms and abbreviations are defined in appendix B, and they are identified in the text with (App. B).

3. Specific Definitions. The definitions of terms and phrases used in only one section of the regulation are located in the beginning of the section, and they are identified in text with a (*) following the term.

4. Part of the Regulation. The definitions of terms, phrases, acronyms, and abbreviations are an integral part of this regulation.

1.08 EFFECTIVE DATE. (New Section) These regulations are effective May 1, 2000.

1.09 REVOCATIONS. (New Section) The following are revoked or replaced by sections of this regulation as the effective date of the regulation:

A. Restated Regulation 1 of the Yakima County Clean Air Authority with the following effective dates:

1. November 18, 1993.

2. January 13, 1994.

3. June 20, 1994.

4. October 20, 1994.

5. December 15, 1995.

B. Board Resolutions. None

C. Board Decisions. None.

ARTICLE 2 - GENERAL REGULATIONS

2.01 AIR POLLUTION CONTROL OFFICER - POWERS AND DUTIES

A. POWERS AND DUTIES. The board shall appoint an air pollution control officer (APCO) competent in the field of air pollution control whose responsibility shall be to implement these regulations in a manner consistent with:

1. Applicable federal and state laws and regulations;

2. County and/or city municipal ordinances where they are at least as stringent and effective as those of the authority; and

3. The air pollution control officer and assistants, in the performance of their duties, shall in all respects be subject to the direction of the board and take no action that has been prohibited by the board. (2.02E) Policies and directives of the board unless specifically limited elsewhere in this regulation or by other laws or regulations.

B. DELEGATED AUTHORITY. When the term "APCO" is used in this regulation, it also applies to any authorized representative of the authority conducting official business for the APCO (App. B) and the authority.

C. INVESTIGATIONS. (2.02B) The control officer APCO or his duly authorized agent may make any reasonable investigations, inspections, or studies. which is necessary for the purpose of to enforce this regulation or any amendment. hereto or controlling or reducing the amount of or kind of air contaminant. The Control Officer shall be required to maintain appropriate records and prepare periodic reports to the Board.

1. Purpose of Investigations. (2.02C) For the purpose of To investigateing, inspect, or study conditions for specific to the control, recovery or release of air contaminants pollutants into the atmosphere.

2. Scope of Investigations. These investigations, inspections, or studies shall be limited to investigating and/or enforcing the following:

a. Bona fide complaints about an alleged violation of this regulation, an amendment, or revision;

b. An alleged or actual violation of this regulation, an amendment, or revision;

c. An alleged or actual violation of a federal or state law or regulation enforced by the authority;

d. Any permit, order, or condition of approval issued by the authority;

e. Periodic testing and inspection of any source (app. A); or

f. Any records, files, or other information that relate to subsection 2.01C1 (pg. 2-1).

3. Entry for Investigations. (2.02C)

a. The control officer or his duly authorized representative, shall have the power to enter any private or public property at reasonable times.

b. Non-multiple unit private dwellings housing two (2) families or less may not to be entered without the permission of the occupant(s) of dwelling(s).

c. No person shall refuse entry or access to the control officer.

4. Obstruction of an Investigation. Nor shall any person obstruct, hamper or interfere with such inspection, or study.

D. RIGHT TO OBTAIN SAMPLES. (2.02D)

1. Notification of Owner or Lessee. If, during the course of an inspection, the APCO a(n) authorized employee of the Authority, during the course of an inspection, desires to obtain a sample of air contaminant, fuel, process material or other material which affects or may affect the emission of air contaminants, he the APCO shall notify the owner or lessee of the time and place of obtaining a sample.

2. Owner/Operator Sampling.

a. So The owner or operator lessee has the opportunity to may take a similar sample at the same time, and place, and method as the sample taken by the APCO authority.

b. As an alternative the owner or operator may request a representative portion of the sample taken by the APCO.

c. The representative sample shall not be provided to the owner or operator if the actions needed to obtain the representative sample can compromise the ability of the APCO to obtain an accurate sample.

3. Receipt for Sample. If requested the APCO authorized employee of the Authority shall give a receipt to the owner or lessee operator for the sample obtained.

E. MAINTAIN RECORDS. (2.02B) The APCO shall maintain appropriate records and prepare periodic reports to the board.

F. SIGNING AUTHORITY. The APCO is authorized by the board to take the following actions for the authority:

1. To sign official complaints, issue notices of violations, impose penalties, issue permits, sign regulatory or approval orders, sign contracts, and administrative correspondence.

2. To approve SEPA (App. B) documents as the Responsible Official.

3. To apply to any court for necessary orders.

G. LEGAL ACTION. When the board approves, the APCO may commence legal action. Nothing in this regulation may be construed to limit the APCO from using any other legal means to enforce the provisions of these regulations.

2.02 AUTHORITY TO COLLECT FEES

A. LEGAL AUTHORITY. WCAA (App. B) authorizes the authority to assess fees and recover costs for permits, registrations, and professional services.

B. CHARGES. Charges include but are not limited to the following:

1. Reimbursement of authority staff time for review of complex projects or lengthy enforcement actions;

2. Costs incurred by the authority for the implementation of the air operating permit program as defined in WAC 173-401-905 and WAC 173-401-940(1).

3. Reimbursement of authority staff time for costs to prepare notices of construction and initial SM (App. A & B) regulatory orders;

4. Reimbursement to a minimum of 50% of the cost for annual registrations including periodic inspections;

5. Charges from Ecology (App. B) for state level support and oversight work; and

6. Appropriate charges incurred by other agencies and requested to be collected shall be billed as part of a penalty.

C. REFUNDS.

1. The following fees are non-refundable:

a. Actual costs incurred by the authority.

b. Application fees.

2. Fees collected in excess of actual costs will be refunded without interest.

3. Fees collected in error will be refunded with interest.

D. FEES.

1. Adoption of Fee Schedules. Fee schedules shall be adopted by board resolution under the authority of RCW 42.30 at any time after receiving public comment.

2. Availability of Fee Schedules and Related Information. (13.05D) The workload analysis budget and fee allocations schedule and billing rate schedule for reimbursable fees shall be made available upon request. Any proposed revisions to the annual fee schedule shall be presented to the board for adoption after public notice has been given.

2.03 ADOPTION OF APPLICABLE STATE AND FEDERAL REGULATIONS

The Yakima County Clean Air authority hereby adopts by reference and incorporates herein, as if specifically set forth herein; all of the terms and provisions of implemlents and enforces the following The Yakima County Clean Air authority hereby adopts by reference and incorporates herein, (as if specifically set forth herein,) all of the terms and provisions of the as identified below: (Washington) State administrative codes WAC (App. B) and code of federal regulations CFR (App. B) as identified below, except. as the same may be less stringent than the provisions of this regulation of the Yakima County Clean Air Authority.

A. STATE REGULATIONS. (12.01)

Chapter 173-400 WAC General Regulations for Air Pollution Sources;

Chapter 173-401 WAC Operating Permit Regulation;

Chapter 173-420 WAC Conformity of Transportation Activities to Air Quality Implementation Plans;

Chapter 173-425 WAC Open Burning;

Chapter 173-430 WAC Agricultural Burning;

Chapter 173-433 WAC Solid Fuel Burning Device Standards;

Chapter 173-434 WAC Solid Waste Incinerator Facilities;

Chapter 173-435 WAC Emergency Episode Plans;

Chapter 173-450 WAC Establishing Requirements for the Receipt of Financial Aid;

Chapter 173-460 WAC Controls for New Sources of Toxic Air Pollutants;

Chapter 173-470 WAC Ambient Air Quality Standards For Particulate Matter;

Chapter 173-474 WAC Ambient Air Quality Standards for Sulphur Oxides Standards;

Chapter 173-475 WAC Photochemical Oxidant, Hydrocarbons, Nitrogen Dioxide (Ambient Standards) Ambient Air Quality Standards for Carbon Monoxide, Ozone, and Nitrogen Dioxide;

Chapter 173-481 WAC Ambient Air Quality and Environmental Standards for Fluorides.

Chapter 173-490 WAC Emission Standards and Controls for Sources Emitting Volatile Organic Compounds (VOC);

Chapter 173-491 WAC Emission Standards and Controls for Sources Emitting Gasoline Vapors;

Chapter 173-806 WAC Model Ordinance; and

Chapter 197-11 WAC SEPA (App. B) Rules.

B. FEDERAL REGULATIONS. (12.02)

40 CFR Part 50 National Primary and Secondary Ambient Air Quality Standards;

40 CFR Part 51 Requirements for Preparation, Adoption, and Submittal of Implementation Plans;

40 CFR Part 52 Approval and Promulgation of Implementation Plans;

Subpart A General Provisions; and

Subpart WW Washington;

40 CFR Part 58 Ambient Air Quality Surveillance;

40 CFR Part 60 (New Source Performance) Standards of Performance for New Stationary Sources ((NSPS));

40 CFR Part 61 National Emissions Standards for Hazardous Air Pollutants (NESHAPS);

40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Source Categories;

40 CFR Part 64 Compliance Assurance Monitoring;

40 CFR Part 68 Chemical Accident Prevention Provisions;

40 CFR Part 70 State Operating Permit Programs;

40 CFR Part 82 Protection of Stratospheric Ozone.;

40 CFR Part 503, Standards for the Use or Disposal of Sewage Sludge;

Subpart A, General Provisions;

Subpart E, Incineration; and

40 CFR Part 763 Asbestos Model Accreditation Plan.

2.04 PUBLIC PARTICIPATION. (WAC 173-400-171)

A. PURPOSE. To involve the public prior to making decisions.

B. APPLICABILITY. This section applies to the following actions or situations:

1. NSR (App. B) applications for a new or modified source or emissions unit if the application proposesd a significant (App. A) net increase in emissions of any pollutant regulated by state or federal law or regulations; source would cause an annual increase of:

a. Five tons per year of lead; or

b. Ten tons per year of any other air contaminant for which the ambient air quality standards have been established;

2. Any application or proposed action requiring a public hearing under the PSD (App. A) of ecology;

3. An order to determine RACT (App. B);

4. An order to establish a compliance schedule or a variance;

5. Establishment or disestablishment of a nonattainment area, or the changing of the boundaries of a nonattainment area;

6. An order to demonstrate the creditable height of a stack (App. A) which exceeds the GEP (App. A) formula height and 213 ft. (App. B) or 65 m (App. B) by the use of a fluid model or a field study. The purpose of the demonstration is to establish emission limitations;

7. An order to authorize a bubble (App. A);

8. A NSR application or order to establish an ERC (App. A);

9. An order which establishes voluntary limits for the potential to emit for a source;

10. An application or action where there is a substantial public interest as determined by the APCO (App. B);

11. When required by federal or state law or regulation;

12. Changes to the SIP (App. B);

13. Substantive changes to regulations;

14. Draft air operating permits;

15. SEPA (App. B) determinations; and/or

16. Additional or special public participation requirements for air operating permit sources as directed by chap. 173-401 WAC, Part IX.

C. EARLY REVIEW. An early review of any action referenced in subsection 2.04B (pg. 2-xx) may be initiated by either the authority or the public by a written request.

1. Purpose. Provides a forum for dialogue at early stages of authority decision making.

2. Methods of Review.

a. Public meetings or workshops;

b. Advisory committees;

c. Peer review groups;

d. Discussion groups; or

e. Public hearings.

D. PUBLIC NOTICE PROCESS. (4.02H) The following is the public notice process:

H. Public Notice.

1. Notice of Construction applications shall be subject to public notice under the following conditions:

a. If otherwise required by state or federal laws or regulations; or

b. If the proposed source would cause an annual increase of ten tons of any air contaminant for which the ambient air quality standards have been established; or

c. If the Yakima County Clean Air Authority determines that such public comment would be appropriate.

2. Within fifteen days of receipt of a complete application for a Notice of Construction the Authority shall determine whether public notice is required, and if so it shall publish notice to the public of an opportunity to submit written comments during a thirty (30) day period. Such public notice shall contain the following information:

a. The name and address of the owner;

b. A brief description of the proposed construction;

c. The location at which a copy of the preliminary determination and a summary of the information considered in making such preliminary determination are available to the public.

1. Public Notice Is Issued.

a. After all information required by the authority is available; and

b. All preliminary determinations are made.

2. Who Pays For Public Notice. The owner or applicant pays the cost of providing public notice.

3. Content.

a. Publication in a Newspaper. Notices are published in a newspaper with a general circulation in the affected area, and they contain:

1) A brief description of the proposal;

2) The location of the documents available for public inspection;

3) The 30 day period for submitting written comments to the authority; and

4) The public hearing dates and locations if hearings are required.

b. Information Available for Public Inspection:

1) Nonconfidential information submitted by the applicant as defined in subsection 1.06D (pg. 1-xx);

2) Applicable preliminary determinations;

3) Analysis of the effects of implementing the proposed action on the ambient air quality;

4) Proposed decision by the APCO (App. B); and

5) Other relevant information.

c. Copies of the Public Notice.

1) Are sent to EPA (App. B) and ecology (App. B), for any application or action.

2) Are sent to the local offices of ecology or other local air authorities if the application or action could effect the ambient air quality in their jurisdictional area.

4. Public Comments.

a. Information for making public comments shall be available at the office of the authority and one public location in the area affected by the proposed action.

b. Public comments are received during the published period.

c. If a public hearing is held, the public comment period will extend through the hearing date and the period specified by the notice.

5. Public Hearings.

a. Interested persons may request a public hearing in writing within the 30 day public comment period.

b. The authority must respond to all requests.

c. The authority decides whether to hold a public hearing.

d. The time and place of the hearing(s) are published in a newspaper with general circulation in the area. The method and content of the notice will comply with subsection 2.04D3a (pg. 2-xx).

6. Response to Public Comment. The authority shall provide a written response to the public comments.

2.05 APPEALS

A. PURPOSE. To define the local policy for appeals of decisions by the APCO (App. B) or board.

B. APPLICABILITY. Any final written decision, order, penalty, fee, permit action, or resolution made by the APCO or board may be appealed.

C. PROCESS.

1. General Direction. The specific details for appeals are in chap 34.04 RCW, chap. 34.05 RCW, chap. 43.21 RCW, chap. 70.94 RCW, WAC 173-400-250, and WAC 173-401-735.

2. Agricultural Odors. See subsection 3.01C3a4) (pg. 3-xx) for an appeal involving agricultural odors.

3. Mutual Settlement. (3.04) Nothing in this article shall prevent the Control Officer APCO or board from making efforts to obtain voluntary compliance through warning, conference or any other appropriate means.

4. Finality. (3.02) Any order issued by the Board or Control Officer shall become final, unless such order is appealed to the Pollution Control Hearings board, as provided in RCW 43.21B.

5. Status During Appeal. (3.03) Any order of the Control Officer or Board shall be stayed pending final determination of any hearing or appeal taken in accordance with the provisions herein, unless after notice and hearing, the Superior Court shall determine that an emergency exists which is of such nature as to require that such order be in effect during the pendency of such hearing or appeal.

3.00 GENERAL RULES

A. PURPOSE. To define rules of a general nature.

B. APPLICABILITY. Applies to the rules in articles 3 and 4.

C. EXEMPTIONS. None.

D. VARIANCES. (7.01 & RCW 70.94.181)

A. Any person who owns or is in control of any plant, building, structure, establishment, process or equipment, may apply to the Board for a variance from the provisions of these Regulations governing the quality, nature, duration or extent of discharge of air contaminants in accordance with the provisions of RCW 70.94.181. The application shall be accompanied by such information and data as the Board may require. The Board may grant such variance, but only after public hearing or due notice if the Board 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 and regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public.

3. Provided, however, that the Board will not grant variances to state rules unless the same have been approved by the Washington State Department of Ecology prior to being issued by the Yakima County Clean Air Authority.

4. Total time period for a variance and a renewal of such variance shall not exceed one year.

B. No variance shall be granted pursuant to this section until the Board has considered the relative interest of the applicant, other owners of property likely to be affected by the emissions, and the general public.

C. Any variance or renewal thereof shall be granted within the requirements of subsection A and for time periods and under conditions consistent with the reasons therefore, 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 alternative measures that the Department of Ecology or Board may prescribe.

1. If the variance is granted on the ground that compliance with the particular requirements or requirement 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 Department of Ecology or 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.

2. If the variance is granted on the ground that it is justified to relieve or prevent hardships of a kind, other than that provided for in Subsections 7.01 (A)(1), (2), and (3), it shall be for not more than one (1) year.

D. If renewal 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 sixty (60) days prior to the expiration of the variance. Immediately upon the receipt of the application for renewal the Board shall give public notice of such application in accordance with the rules and regulations of the Board.

E. 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 variance or renewal of a variance by the Board, may obtain judicial review thereof under the provisions of Chapter 34.05 of RCW as now or hereafter amended.

F. Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the applications of the emergency provisions and procedures of RCW 70.94.710 through 70.94.730 to any person or their property.

G. An application for variance or for the renewal thereof submitted to the Department of Ecology or Board pursuant to this section, shall be approved or disapproved by the Board within sixty (60) days of receipt, unless the applicant and the Board agree to a continuance

1. Purpose. To provide a process for obtaining relief from these regulations.

2. Applicability. Any person (App. A) who is subject to these regulations.

3. Requests for Variances or Renewals.

a. General Process.

1) Petitioner submits the written application and documentation to the APCO (App. B);

2) APCO reviews the application and submits it to the board with a recommendation;

3) Board makes a decision or recommendation to ecology.

a) If the requested variance is to an authority rule which is not duplicated in the SIP (App. B) or the WAC (App. B), the decision is made by the board.

b) If the requested variance is to a state rule, the application is referred to ecology (App. B)) with a recommendation, and ecology approves the request. If approved, ecology will send the request to EPA (App. B) with a recommendation for final approval and inclusion in the SIP (App. B) (7.01A3); and

4) The variance is granted by the authority after the final approval.

b. Application. The following information is required in the application:

1) Specific regulation from which relief is requested;

2) Detailed explanation that justifies relief from compliance with the regulation;

3) Plans to bring the source into compliance with the regulation prior to the expiration of the variance;

4) Air pollution source, equipment, and control apparatus (App. A) subject to the variance;

5) Any equipment connected to, serving, or served by the air pollution source, equipment, and control apparatus subject to the variance;

6) Plot plan showing the distance and height of buildings within 200 feet or other distance specified by the APCO from the location of the contaminant source; and

7) Estimated amount that the emissions will exceed standards as a result of the variance.

c. Additional Documentation.

1) Any additional information required by the APCO.

2) Any information volunteered by the petitioner.

d. Review Criteria. (7.01B) Before granting a variance, the board must consider the interests of:

1) The applicant;

2) Owners of adjacent property likely to be affected by the variance; and

3) The general public.

e. Review Period. (7.01 G) Any application for variance or renewal must be approved or disapproved by the board within 60 days of receipt unless the applicant and the board agree to a continuance.

f. Public Involvement. Shall be done as required in section 2.04 (pg. 2-xx).

4. Conditions for Granting a Variance. (7.01A1&2)

a. The emissions proposed do not endanger public health, safety, or the environment;

b. The emissions from the source proposing the variance either singularly or in combination with other sources in the vicinity will not cause a violation of a NAAQS (App. B) or a PSD (App. B) increment; and

c. Compliance with the rules or regulations without a variance would produce serious hardship without equal or greater public benefits.

5. Limitations for Granting a Variance or Renewal. (7.01C)

a. No Practicable Technology Available.

1) Adequate prevention, abatement or control of the pollution is not available;

2) The variance is granted only until the necessary technology for prevention, abatement or control becomes available.

3) When the control technology becomes reasonably available;

a) The variance may be rescinded; and

b) Ecology or the board may prescribe alternate measures.

b. Compliance with Requirements will be Difficult.

1) Will require taking measures which are extensive or costly;

2) Must be accomplished over a long time period;

3) The variance must be granted for a reasonable time to complete the required measures;

4) The variance must contain a schedule for completing the measures in a timely manner; and

5) Must include conditions requiring adherence to the schedule.

6. Expiration. (7.01A4) Variances and renewals shall expire one year or less after the issuance, or sooner if;

a. The conditions of the variance or renewal are fulfilled; or

b. Replaced by a new law or regulation.

7. Renewals (7.01D & RCW 70.94.181(1)) Any variance may be renewed for the same terms, conditions, and period as when the variance was granted up to one year from the initial issuance of the variance.

a. Application for Renewal. (7.01D) Must be submitted at least 60 days prior to the expiration of the variance. Immediately upon the receipt of the application the board must give public notice of the application.

b. The process for the renewal will follow subsection 3.00E3 (pg. 3-xx).

c. Renewals After Complaints Concerning Variances. (7.01D & RCW 70.94.181(1)) If ecology or the board receives a complaint about the variance, a renewal must not be granted until the board issues a notice and holds a public hearing on the complaint. Based upon results of the public hearing, the board will grant a renewal if it finds the renewal is justified.

d. Applications for renewals beyond one year must apply for a new variance.

8. Judicial Review. (7.01 E) A variance or its renewal is not the right of the applicant or holder, but is granted at the discretion of the board. Any applicant who is adversely affected by the denial or the conditions of a variance or its renewal may obtain judicial review under the provisions of Chap. 34.05 of RCW.

9. Emergency Provisions. (7.01F) Nothing in this section or any variance or renewal granted under this section is construed to limit the applications of the emergency provisions and procedures of air pollution episodes as described in WCAA (App. B).

E. OPERATION AND MAINTENANCE.

1. Purpose. To define operation and maintenance standards for all process and control apparatus (App. A) to prevent avoidable emissions.

2. Applicability. Any person or emission unit which is subject to these regulations.

3. Exemption. Process or control apparatus which is out of service.

4. Requirement. The owner or operator of an air pollution source shall:

a. Operate and maintain all process and control apparatus, which has the potential to allow emissions, according to the specifications and recommendations of the manufacturer;

b. Maintain this equipment in good repair and working condition;

c. Operate this equipment to minimize emissions; and

d. Keep a current copy of the manufacturer's manuals and specifications on the site and available for inspection by the APCO (App. B).

3.01 EMISSION STANDARDS

A. PURPOSE. To control and prevent air pollution.

B. APPLICABILITY. (5.06) To all sources and emissions units. are required to meet the emission standards of this chapter. Where When multiple an emission standards listed exist, in another chapter is applicable to a specific emissions unit, such all standards will apply. take precedent over a general emission standard listed in this chapter.

C. GENERAL EMISSION STANDARDS FOR MAXIMUM PERMISSIBLE EMISSIONS. All sources are required to comply with the general emission standards. The measurable emission standards cited in this section are listed in app. D with the test methods and compliance assurance requirements. Exemptions are listed in subsection 3.01C3 (pg. 3-xx).

1. Prohibitions. (5.06)

a. Visible Emissions. (5.06, 5.07A, & 5.09B) No person shall cause or permit visible emissions (App. A) plume from any emissions unit that exceeds twenty percent (20%) opacity for three minutes in any one hour period except:

1) (5.06A1 & 5.09B1) When the emissions occur due to soot blowing/and grate cleaning from hog fuel boilers, and the operator can demonstrate that the emissions will not exceed twenty percent (20%) opacity (App. A) for more than fifteen (15) minutes in any eight (8) consecutive hours. The intent of this provision is to permit allow the soot blowing and grate cleaning necessary to the operation of boiler facilities. This practice, except for testing and trouble shooting, is to be scheduled for the same approximate times each day, and the authority must be advised of the schedule.

2) (5.06A2) When the owner or operator of the source supplies valid data to show that the opacity exceeds twenty percent (20%) as the result of only uncombined water the presence of condensed water droplets, as determined by a certified opacity reader. The concentration of particulate matter as shown by a source test approved by the Authority must be less than one-tenth (0.1) grains per dry standard cubic foot. For combustion emissions the exhaust gas volume shall be corrected to seven percent (7%) oxygen.

3) When two or more sources are connected to a common stack (App. A), the authority may allow or require the use of an alternate time period if it is more representative of normal operations.

4) When an alternate opacity limit has been established as authorized by WCAA (App. B).

5) (5.06A3) As provided for in WAC 173-433-110 "Opacity Standards For Solid Fuel Burning Devices". The opacity standard for wood heaters is in subsection 3.04E1(a) (pg. 3-xx).

b. Particulate Matter.

1) Preventing Particulate Matter from becoming airborne. (5.06B). No person shall cause or allow permit the emission of particulate matter PM (App. A) from any source which is transported or becomes deposited beyond the source property under direct control of the owner or operator of the source in sufficient quantity to interfere unreasonably with the use or and enjoyment of another the property upon which the material was transported or deposited.

2) (5.12A) No person shall cause or , let, allow, permit or suffer particulate matter PM to be stored, handled, or transported without taking reasonable precautions to prevent the release of air pollutants.

c. Reasonable Precautions. (5.12B) No person shall cause or, let, allow, permit, or suffer a building or its appurtenances or road to be constructed, altered, repaired or demolished without taking reasonable precautions to prevent the release of air pollutants.

d. Odors. (5.06D) Any person who shall causes or allows the generation of any odor from any source which may unreasonably interfere with an the adjoining property owner's use or and enjoyment of another his property must use recognized good practice and procedure to reduce these odors to a reasonable minimum.

e. Air contaminants or water vapor Detrimental Emissions. to persons or property. (5.06 E) No person shall cause or allow an permit the emission of any air contaminant or water vapor from any source, including any air contaminant whose emission is not otherwise prohibited by this Regulation, if the air contaminant or water vapor causes detrimental to the health, safety, or welfare of any person; or causes damage to the property or business of another person.

f. Sulfur Dioxide (SO₂) (App. B) (5.06 F)

1) (5.06 F1) No person shall cause or permit the emission of a gas containing sulfur dioxide SO₂ in excess of 1,000 parts per million (ppm). (App. B).

2) (5.06 F2) All concentrations of sulfur dioxide SO₂ referred to above are by volume, dry standard conditions (App. A). and For combustion emissions the exhaust gas volume shall be corrected to seven percent (7%) oxygen O₂ (App. B) and based on the average of any period of sixty 60 consecutive minutes.

3) When the owner or operator of a source emitting SO₂ supplies emission data and demonstrates there is no feasible method of reducing the concentration to < 1,000 ppm and the state and federal ambient air quality standards for SO₂ will not be exceeded, the authority may require:

a) Specific ambient air monitoring stations to be established, operated, and maintained by owner or operator at mutually approved locations;

b) The sampling results shall be available upon request; and

c) A monthly summary shall be submitted to the authority.

g. Concealment and Masking. (5.06G) No person shall cause or permit the installation or use of any device, or the use of any means which, without resulting in a reduction in the total amount of air contaminant emitted, conceals an emission of an air contaminant pollutant which would otherwise violate any requirements provisions of this regulation chapter.

h. Sale or Installation of Air Pollution Source. (5.06I) No person shall hereafter sell or install within the jurisdiction of the Yakima County Clean Air Authority any continuous, stationary an air contaminant pollution source in which the air contaminant emitted therefrom cannot be restricted to not capable of meeting the standards of this regulation as set forth in Sections 5.06(A) and 5.08.

2. Requirements.

a. Two or More Emission Units. (5.06) When two or more emissions units are connected to a common stack, and the operator elects not to provide the means or facilities to sample emissions from the individual emissions units, and the relative contributions of the individual emissions units to the common discharge are not readily distinguishable, then the emissions of the common stack must meet the most restrictive standard of any of the connected emissions units.

b. Reasonably Available Control Technology (RACT) (App. A). (5.06, 5.09B2, & 5.09H) Further, All emissions sources and units are required to use reasonably available control technology (RACT).

3) This which may be determined for some sources or source categories to be more stringent than the applicable emission limitations of any chapter of Title 173 WAC.

4) Where current controls are determined to be less than RACT, the authority shall, on a case-by-case basis, define RACT for each source or source category and issue a regulatory order to the source or sources for installation of RACT.

c. Fugitive Dust Sources. (5.06H) No person shall cause or permit material handling without taking reasonable precautions to prevent the release of contaminants to the ambient air. (5.06C)

1) (5.06H1) The owner or operator of a source of fugitive dust must shall take reasonable precautions to prevent fugitive dust from becoming airborne and shall maintain and operate the source to minimize emissions.

2) (5.06 H. 2) The owner(s) or operator(s) of any existing source(s) of fugitive dust that has been identified as a significant contributor to a Category I PM₁₀ or PM_2.5 nonattainment area, shall be required to must use reasonably available control technology RACT to control emissions. Significance will be determined by the definition found in 40 CFR Part 51, Appendix S, as amended July 1, 1990 subsection 4.02G2g (pg. 4-xx) and table 4.02-2 (pg. 4-xx).

3) Specific dust control requirements are in section 3.08 (pg. 3-xx).

d. Opacity Measurement. (5.06J) The density or opacity of an air contaminant shall emission must be measured at the point of its emission. except When the point of emission cannot be readily observed it may be measured at an observable point on a plume nearest the point of emission.

e. Maintenance and Operation. As required in subsection 3.00E (pg. 3-xx).

f. Compliance Testing. As required in subsection 3.11E2 (pg. 3-xx).

g. Inspection. As authorized in subsection 5.00C (pg. 5-xx).

h. Permitting. Owners or operators of sources may be required to obtain permits from the authority under sections 4.04 (pg. 4-xx) or 4.05 (pg. 4-xx).

3. Exemptions.

a. Odors Caused by Agricultural Activities (App. A) Using Good Agricultural Practices (App. A) (RCW 70.94.640).

1) These odors are exempted from this regulation unless there is a substantial adverse effect on public health.

2) In determining good agricultural practices the authority shall consult with a recognized third-party expert prior to issuing a NOV (App. B).

3) A NOV issued under this subsection shall include a statement that the activity:

a) Is inconsistent with good agricultural practices; or

b) Has odors that have a substantial adverse impact on public health.

4) In an appeal to the pollution control hearings board or superior court, the authority shall prove the activity:

a) Is inconsistent with good agricultural practices; or

b) Has odors that have a substantial adverse impact on public health.

5) When a parcel of land is sold from contiguous agricultural land for residential purposes, this exemption does not apply.

b. NH₃ (App. B) Emissions from Fertilizer. (RCW 70.94.645) NH₃ emissions from the storage, distribution, transport, or application of a NH₃ fertilizer for agricultural or silvicultural uses are exempted from regulation.

D. MINIMUM ADDITIONAL EMISSION STANDARDS FOR COMBUSTION AND INCINERATION SOURCES (App. A) (5.07) These standards are in addition to the general standard in subsection 3.01C (pg. 3-xx).

1. Particulate Matter.

a. Sources Burning Wood Derived Fuels. (5.09B1) The emission of PM from a unit combusting wood derived fuels for the production of steam must not exceed 0.46 gram per dscm (App. B) (0.2 grain per dscf (App. B)).

b. All Other Sources. The emission of PM must not exceed 0.23 gram per dscm (0.1 grain per dscf).

c. Measurement. The concentration of PM will be measured as specified in app. D (pg. D-xx)

2. Incineration Sources. (App. A)

3. Total Unburned Hydrocarbons Volatile Organic Compounds (VOCs). (5.07B) For all Incinerator sources, no person shall cause or permit emissions in excess of 100 ppm. This of total unburned hydrocarbons as must be measured by as specified in app. D (pg. D-2).

a. Hours of Operation. (5.07B) Incinerators shall will be operated only during daylight hours (App. A) unless written permission to operate at other times is obtained received from the authority.

b. Large Incinerators. (5.07D) All incinerators designed to burn twelve tons per day of materials shall be are subject to the standards set forth in chap. 173-434 WAC if they are:

1) Designed to burn ≥(App. B) 12 tons per day of materials; and

2) Constructed after January 1, 1985.

E. MINIMUM EMISSION ADDITIONAL STANDARDS FOR GENERAL PROCESS SOURCES. (App. A)

1. These standards are in addition to the general standard in subsection 3.01C (pg. 3-xx).

2. (5.07E & 5.08) No person shall cause or permit emissions in excess of Section 5.08. General Process Units are required to meet all applicable provisions of Section 5.06. No person shall cause or permit the emissions of particulate matter from any general process operation in excess of one tenth (0.10) grains per standard cubic foot of dry exhaust gas as tested by: The emission standard and test for PM will be measured as specified in app. D (pg. D-2).

F. MINIMUM EMISSION ADDITIONAL STANDARDS OR PROCEDURES FOR CERTAIN SOURCE Categories (5.09 & WAC 173-400-070) The authority finds that reasonable regulation of sources within certain categories requires separate standards applicable to such categories. The standards set forth in this section shall be the minimum allowable standards for sources within the categories listed. and Except as specifically provided in this Section, such sources shall be required to meet the provisions of Section 5.06, Section 5.07., and Section 5.08. These standards are in addition to the standards in subsection 3.01C, D, or E (pgs. 3-xx to yy).

1. Hogged Fuel Boilers. (5.09B)

(5.09 B1) No person shall operate a hogged fuel boiler that will cause or permit an emission for more than three (3) minutes in any one (1) hour of an air contaminant from any source which, at the emission point or within a reasonable distance of the emission point, exceeds twenty percent (20%) opacity or which causes an emission of particulate matter in excess of one-fifth (0.20) grains per standard dry cubic foot. Particulate matter emissions shall be measured by EPA Method 5 or approved procedures contained in "Source Test Manual Procedure for Compliance Testing", State of Washington Department of Ecology on file at the Authority or Ecology. Provided that emissions may exceed twenty percent opacity (20%) for up to fifteen (15) consecutive minutes once in any eight (8) hours. The intent of this provision is to permit the soot blowing and grate cleaning necessary to the operation of these units. This practice is to be scheduled for the same specific times each day and the authority shall be notified of the schedule or any changes.

(5.09B2) All hogged fuel boilers shall utilize Reasonably Available Control Technology and shall be maintained and operated to minimize emissions.

(5.09B3) The visible and particulate emission standards and tests are in app. D. The authority may establish additional requirements for hogged fuel boilers located in or proposed for location in sensitive areas which can be implemented through permitting or enforcement actions. These additional requirements may include, but shall not be limited to:

a. (5.09B3a) A requirement to meet additional provisions of subsection 5.07 3.01D (pg. 3-xx);

b. (5.09B3b) A requirement to utilize Best Available Control Technology BACT (App. B); or

c. (5.09B3c) A requirement to reduce or eliminate emissions if the authority establishes that such emissions unreasonably interfere with the use or enjoyment of the property of others or if such reductions or eliminations are necessary to meet ambient air quality standards.

2. Orchard Heating.

a. (5.09C&C1) Burning of rubber materials, asphaltic products, crankcase oil or petroleum wastes, plastic, or garbage is prohibited; and

b. (5.09C2) It shall be is unlawful to burn any material or operate any orchard heating device that causes visible emissions exceeding twenty percent (20%) opacity, except during the first thirty (30) minutes after such device or material is ignited. The visible emission standard and test is in app. D (pg. D-1).

3. Grain Elevators. (5.09 D2) The authority may establish additional requirements for grain elevators. These requirements may include, but shall not be limited to a requirement to meet the provisions of Section 5.06 and Section 5.08 standards of subsection 3.01E. (5.09D1) Any grain elevator which is primarily classified as a materials handling operation shall meet all the provisions of Section 5.06, B, C, D, and E.

4. Catalytic Cracking Units. (5.09G)

a. Existing Units. (5.09G1) All existing catalytic cracking units shall meet all provisions of Sections 5.06 (B), (C), (D), (E) and (G) and:

1) No person shall cause or permit the emission for more than three (3) minutes, in any one hour, of an air contaminant from any catalytic cracking unit which at the emission point, or within a reasonable distance of the emission point, exceeds forty percent opacity. The visible emission standard is in app. D (pg. D-2).

2) No person shall cause or permit the emission of particulate material in excess of 0.46 grams per dry cubic meter of standard conditions (0.20 grains dscf) of exhaust gas. The PM emission standard is in app. D (pg. D-2).

b. All New Catalytic Cracking Units. (5.09G2) shall meet all provisions of WAC 173-400-115. The maximum visible emission is the opacity standard in subsection 3.01C1a (pg. 3-xx) and app. D (pg. D-2) or a lower standard established during a NSR (App. B).

5. Sulfuric Acid Plants (H₂SO₄). No person will cause to be discharged into the atmosphere from a H₂SO₄ plant, any gases which contain acid mist, expressed as H₂SO₄, in excess of 0.15 pounds per ton of acid produced. Sulfuric acid production shall be expressed as 100% H₂SO₄.

6. Sewage Sludge Incinerators. See subsection 2.03B (pg. 2-xx) for the standards.

7. Asbestos. (5.09E) No person shall remove or otherwise disturb asbestos, to the extent that asbestos fibers may become airborne, without notifying the Authority ten (10) business days prior to removal. If removal is necessary due to an emergency, the ten day waiting period may be waived by the Authority.

1. Private Residents.

Private homeowners, when removing friable asbestos materials from their normally occupied or will be normally occupied homes, may be required to remove the asbestos materials according to the National Emission Standard for Hazardous Air Pollutants (NESHAPS) as set forth in Title 40 Code of Federal Regulations part 61, as the same now exists or may be amended. Removal and disposal of non-friable asbestos materials shall be conducted in accordance with practices and procedures approved by the Authority.

2. Small Quantity Asbestos Material.

Asbestos Materials in quantities less than 160 square feet or 260 linear feet must be removed and disposed of according to practices and procedures approved by the Authority.

3. Commercial, Industrial or other sources.

No person shall demolish any commercial, institutional, or industrial building, or any residential facility constructed to house four (4) or more families without first performing a thorough inspection, to be conducted by a qualified expert to determine the quantities and types of asbestos materials present. If it is determined that such building contains asbestos, no person shall commence the demolition of such facility without complying with the requirements of NESHAPS, the Federal Rule stated in E (1) above.

4. Fees or Administrative Charges.

Fees associated with this subsection (5.09(E)) shall be in accordance with Article XIII, Section 13.04 of this regulation.

8. Wigwam Burners. (5.09F)

a. All wigwam burners shall meet all provisions of Section 5.06 (B), (C), (D), (E), (F) and (G).

b. All wigwam burners shall use RACT. All emissions units shall be operated and maintained to minimize emissions. These requirements may include a controlled tangential vent over fire air system, an adequate under fire system, elimination of all unnecessary openings, a controlled feed and other modifications determined necessary by Ecology or the Authority.

c. It shall be unlawful to install or increase the existing use of any burner that does not meet all requirements for new sources including those requirements specified in Section 5.06 and Section 5.07, except operating hours.

d. Ecology may establish additional requirements for wigwam burners located in sensitive areas as defined by chapter 173-440 WAC. These requirements may include but shall not be limited to:

i. A requirement to meet all provisions of in Section 5.06 and Section 5.07. Wigwam burners will be considered to be in compliance if they meet the requirements contained in Section 5.06(A). An exception is made for a startup period not to exceed thirty (30) minutes in any eight (8) consecutive hours.

ii. A requirement to apply BACT.

iii. A requirement to reduce or eliminate emissions if Ecology establishes that such emissions unreasonably interfere with the use and enjoyment of the property of others or are a cause of violation of ambient air standards.

9. Asphalt Batch Plants. (5.09 A)

a. All batch plants shall meet all requirements of Title 40 CFR 60.90 Subpart I, "Standards of Performance for Hot Mix Asphalt Facilities".

b. Asphalt batch plants shall utilize Best Available Control Technology and shall be maintained and operated to minimize emissions

10. Other Wood Waste Burners. (509H) Wood waste burners not specifically provided for in this section shall meet all provision of Section 5.06. Such wood waste burners shall utilize RACT and shall be operated and maintained to minimize emissions.

3.02 STANDARDS FOR SOURCES OF HAZARDOUS AIR POLLUTANTS. (WAC 173-400-075 & Chap. 173-460 WAC) (New Section)

A. PURPOSE. To control and prevent emissions of hazardous air pollutants.

B. APPLICABILITY. Applies to the owners or operators of any stationary source subject to the requirements of 40 CFR Parts 61 and 63.

C. REFERENCES.

1. Subsection 2.03B references 40 CFR Parts 61 and 63 and WAC 173-400-075 as applicable.

2. Hazardous air pollutants (HAP) are listed in app. L.

3. Toxic air pollutants (TAP) are listed in app. K, para. B.

D. EMISSION STANDARDS FOR PERCHLOROETHYLENE (PCE) DRY CLEANERS. (WAC 173-400-075(6))

1. Purpose. To define specific standards for dry cleaners using the solvent PCE (App. B) which supplement 40 CFR Part 63, Subpart M, National Perchloroethylene Emission Standards for Dry Cleaning Facilities.

2. Applicability. Any dry cleaning operations that uses PCE.

3. Requirements. The quantity of PCE used annually determines the source category, venting, and leak inspection frequency requirements.

a. Source Categories. Are shown in tables 3.02-1.

Table 3.02-1 PCE Dry Cleaner Source Categories

11) Cartridge filter housings.

Table 3.02-2 PCE Dry Cleaner Venting and Leak Inspection Requirements.

5. A new source must continue to use BACT (App. B) after the requirements of subsection 4.02G2 (pg. 4-xx) are met.

SECTION 5.01 - 3.03 OUTDOOR BURNING AND AGRICULTURAL BURNING

Outdoor burning in Yakima County shall, unless specifically exempted in Section 5.03(D), be conducted only by permit issued by the local responsible jurisdiction and shall be subject to the limitations set forth herein.

A. The issuance of outdoor burning permits for the following activities shall be governed by the Authority, local city, town or fire protection district in which such fire or fires are being conducted.

1. Residential Burning;

2. Outdoor burning of less than 500 tons of residue of natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects.

3. Agricultural burning as defined in WAC 173-430-030.

B. The issuance of permits for the following outdoor burning shall be governed by the Washington State Department of Natural Resources or by federal authorities for lands under federal control:

1. Abating of forest fire hazard;

2. Prevention of fire hazard;

3. Instruction of public officials in the method of forest fire fighting;

4. Any silviculture operation to improve the forest lands of the state;

5. All silvicultural burning used to promote regeneration of rare and endangered plants found within natural area preserves, as identified under Chapter 79.70 RCW or used to maintain fire dependent ecosystems for rare plants or animals within the state, federal and private natural park area preserves, natural resource conservation areas, parks and other wildlife areas.

C. Except as set forth in subsection 5.03(D) hereof, all other outdoor burning will be governed by permits issued by the Yakima County Clean Air Authority.

D. Except as set forth in subsection 5.03(D) hereof, it is a violation of these Regulations for any person to conduct outdoor burning without obtaining a permit from the responsible jurisdiction as set forth above.

E. Any person requesting a permit from a local responsible jurisdiction, such as local city, town, fire protection district, conservation district or the Authority, for an outdoor burning permit shall pay a fee as governed by the fee schedule of that agency then in effect. The fee schedule in effect for the Yakima County Clean Air Authority is as shown in Article XIII, Section 13.03 of this regulation.

SECTION 5.02 - REGULATIONS APPLICABLE TO ALL OUTDOOR BURNING

A. The Regulations in this Section are applicable to all outdoor burning whether conducted under the jurisdiction of the Yakima County Clean Air Authority, local cities, towns, fire protection districts or conservation districts, or the Department of Natural Resources.

1. It shall be unlawful for any person to ignite, cause or permit to be ignited or to suffer, allow or maintain any outdoor burning within the jurisdiction of any of the above authorities as provided in Section 5.01 and in addition thereto, it shall be unlawful and not within any of the exemptions of subsection 5.03(D) and Section 5.04 for any person to ignite, cause or permit or suffer to be ignited or allow or maintaining any outdoor burning within any of the jurisdictions described above as follows:

a. Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction debris, metal, or any substance other than natural vegetation that normally emits dense smoke or obnoxious odors.

b. During any forecast, alert, warning or emergency condition as defined in RCW 70.94.715.

c. During any impaired air quality condition as defined in RCW 70.94.473.

B. It shall be prima facie evidence that the person who owns or controls property on which outdoor burning occurs has allowed or caused such open fire.

SECTION 5.03 - REGULATIONS APPLICABLE TO ALL OUTDOOR BURNING WITHIN THE JURISDICTION OF THE YAKIMA COUNTY CLEAN AIR AUTHORITY, LOCAL CITIES, TOWNS, FIRE PROTECTION DISTRICTS AND CONSERVATION DISTRICTS

A. The Yakima County Clean Air Authority finds that it is consistent with its policy of reducing outdoor burning to the greatest extent possible to prohibit outdoor burning in certain areas subject to the exceptions as set forth in subsection 5.03(D) hereof.

B. Except as set forth in subsection 5.03(D) hereof, no outdoor burning shall be allowed in any area of Yakima County, Washington which exceeds federal or state ambient air quality standards for pollutants emitted by outdoor burning which includes the Yakima Urban Area and the city limits of the city of Selah, Washington.

C. Except as provided in subsection 5.03(D) hereof, outdoor burning shall not be allowed in any urban growth area as defined in RCW 36.70(a).030 and RCW 36.70(a).110, or in any city in the Authority's jurisdiction having a population greater than 10,000 persons if:

1. Such areas threaten to exceed state or federal air quality standards, and;

2. Alternative disposal practices consisting of a good solid waste management plan are reasonably available or practices eliminating production of organic refuse are reasonably available.

D. Outdoor burning shall be allowed without permit for:

1. Small outdoor fires on an occasional basis for ceremonial, religious, or cooking purposes or like social purposes;

2. Fires from barbecues, flares, torches, gas burners, incense burners and insect pots.

3. Structure fires for instruction in methods of fire fighting, conducted by fire districts or city fire department or any government controlled fire fighting agency, and outside any urban growth area as defined in RCW 36.70(a).030 and RCW 36.70(a).110, if all of the following conditions are met:

a. The fire conforms with any other permits, licenses, or approvals that are required;

b. The fire is not located in an area that is declared to be in an air pollution episode or any state of an impaired air quality as defined in RCW 70.,94.715 and 70.94.473;

c. Nuisance laws are applicable to the fire, including nuisances related to the unreasonable interference with the enjoyment of life and property and the depositing of particulate matter or ash on other property;

d. Notice of the fire is provided to the owners of property adjoining the property where the fire will occur, to the persons who potentially will be impacted by the fire;

e. Each structure that is proposed to be set on fire must be identified specifically as a structure to be set on fire. Each other structure on the same parcel of property that is not proposed to be set on fire must be identified specifically as a structure that is not proposed to be set on fire; and

f. Before setting a structure on fire, a good faith inspection is conducted to determine if materials containing asbestos are present, the inspection is documented in writing and forwarded to the Authority, and asbestos that is found is removed prior to the burning.

SECTION 5.04 - REGULATIONS APPLICABLE TO PERMITS ISSUED BY THE YAKIMA COUNTY CLEAN AIR AUTHORITY FOR ALL OTHER OUTDOOR BURNING

A. Outdoor burning permits will be issued by the Yakima County Clean Air Authority pursuant to restrictions and limitations on outdoor burning as set forth in these Regulations as follows:

1. Except as set forth in Section 5.03(D) hereof, agricultural burning to control diseases and insects or developments of physiological conditions conducive to increase crop yield.

a. All applications for permits to set fire for such agricultural burning shall be acted upon by the Authority within seven (7) days from the date such application is filed.

b. When burning is necessary to control disease or insect infestation and alternative methods are not available and the Yakima County Agricultural Extension Agency so certifies.

2. Except as set forth in Section 5.03(D) hereof, instruction in methods of fire fighting conducted by fire districts or city fire departments or any government controlled fire fighting agency.

B. Permits issued for burning under this Section shall be drafted to minimize emissions, including denial of permission to burn during periods of adverse meteorological conditions.

C. All permits issued by the Authority will contain conditions to insure that public interest in air, water and land pollution and safety to life and property is fully considered and will be designed to minimize air pollution as practicable.

D. All applications for permits must demonstrate that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life and property and no other reasonable alternative (as defined in the WAC 173-425) is available to successfully carry out the enterprise in which the applicant is engaged.

SECTION 5.05 - ADDITIONAL RESTRICTIONS ON OUTDOOR BURNING

All outdoor burning conducted pursuant to this Regulation shall be conducted between the hours of sunrise and sunset, except that burning for pest or disease control or for land clearing purposes, and of which the combustible material consists primarily of wood more than twelve (12) inches in diameter, may be conducted after sunset, but such fires shall not be ignited or fed after 12:00 noon on any day they are ignited. For the purpose of this provision a fire shall be deemed to be out and extinguished when there is not a visible flame coming from the fire.

A. No open burning shall be conducted when the Control Officer, acting on guidelines for air quality control which are hereafter established by the Board, has prohibited such burning by a curtailment call or Ecology has declared an Air Pollution Episode.

1. Any person or entity responsible for an open fire shall immediately proceed to extinguish such fire to prevent visible smoke when notified of the existence of an air pollution episode by any of the means set forth hereafter. Notice will be deemed sufficient to the public for all purposes of these Regulations after three (3) hours have elapsed from the time such notice has been delivered to and published by a newspaper of general circulation in the area where such limitation applies, or has been delivered to and broadcasted by a radio or television station serving the area, for a small fire and ten (10) hours for the remaining fires.

B. Any person responsible for fires set in accordance with this Section must abide by all rules and procedures set by other agencies having any jurisdiction over the practice of open burning.

A. PURPOSE. To reduce and control outdoor and agricultural burning (App. A) and the resulting air pollution. (Chaps. 173-425 & 173-430 WAC

B. APPLICABILITY. (5.01B) Applies to all outdoor and agricultural burning on private, county, state, and federal land unless exempted or another public agency has an effective program in place for the control of outdoor and agricultural burning, and the program has been delegated in accordance with subsection 3.03I (pg. 3-xx).

1. This section applies to burning requiring a written permit, a general rule permit, or exempted from permitting.

2. The agricultural burning portions of this section apply only to agricultural operations (App. A) and government agencies with burning requirements related to agriculture.

3. Fire fighting training fires are a type of outdoor burning, and subsections 3.03C (pg. 3-xx) and 3.03D (pg. 3-xx) are applicable unless modified or granted a limited exemption in another subsection.

4. This section is not applicable to fire training at enclosed fire training facilities that are permitted under section 4.02 (pg. 4-xx).

5. This section does not apply to silvicultural burning (App. A) which is regulated by WCAA (App. B), chap. 332-24 WAC, and the Washington state smoke management plan.

C. GENERAL PROVISIONS FOR ALL BURNING. The following applies to all outdoor and agricultural burning unless granted a limited exemption or waived by the APCO (App. B). The limited exemptions granted for various types of burning are shown in table 3.03-1 and the footnotes:

1. Prohibitions. Burning is prohibited in the following areas and conditions:

a. Woodsmoke Control Zone (App. A). Prohibited during burn bans (App. A). The area is described in app. H (pg. H-1).

b. Other Areas. Prohibited during a burn ban in any other geographic area designated by the board.

c. Urban Growth Areas (App. A) (5.03C). Prohibited after December 31, 2000, and sooner if a reasonable alternate (App. A) disposal method exists for:

1) County-designated urban growth areas; and

2) Cities having a population greater than 10,000 people: (5.03C)

3) Except urban growth areas for cities which have a population less than 5,000 people that are neither within nor contiguous with a nonattainment or former nonattainment area, outdoor burning is prohibited after December 31, 2006.

d. (5.03 B) Yakima urban area as described in app. H (pg. H-2), the city of Selah, and the city of Sunnyside.

e. Burn Ignition. If an individual permit is required in tables 3.03-1 or 2 for any type of outdoor or agricultural burning, the fire shall not be ignited without first obtaining the permit.

f. Hours of Burning. (5.05) All burning shall be conducted during daylight hours (App. A).

g. Burning Without a Permit or Limited Exemption. (5.01) Burning is not allowed without an individual, annual, or general rule permit unless granted a limited exemption in tables 3.03-1 or 2 and the footnotes for the tables.

2. Requirements. (5.05)

a. Confirmation of Daily Burning Status. Prior to igniting the fire and each subsequent day, the person supervising the fire must confirm the burn ban status.

b. Demonstration of No Reasonable Alternative. (App. A) (5.04D) Anyone applying for a permit must demonstrate that there is no reasonable alternate for:

1) Safeguarding the environment; and

2) Economic viability.

c. Minimize Adverse Effects. All permits issued by the authority will must contain requirements to insure that public interest in air, water and land pollution and safety to life and property is fully considered and will must be designed to minimize air pollution as practicable. (5.04C) Permits shall be drafted to minimize emissions. This includinges the denial of permission to burn during periods of adverse meteorological conditions. (5.04B)

d. Supervision of the Fire. The fire must be supervised by a person who is responsible for and capable of extinguishing the fire. The fire must not be left unattended.

e. Cessation of Burning. (5.05A)

1) During Burn Bans. (5.02A1b&c) No open burning shall may be done when the APCO (App. B) has declared an impaired air quality condition or ecology (App. B) has declared an air pollution episode as described in section 3.05 (pg. 3-xx).

2) Extinguishing the Fire. When burning is prohibited the person responsible for the fire must immediately start extinguishing the fire.

3) Notification. Notification of the prohibition of burning is done by publishing a notice in a newspaper of general circulation in the area, and broadcasting the notice on radio or television stations.

4) Lapse Time to Legally Extinguish Fires During Burn Bans.

a) Land clearing, storm and flood debris, and orchard removal burns shall be extinguished within eight hours of notification of a burn ban.

b) All other burns shall be extinguished within three hours of the notification.

f. Extinguished Fire. (5.05) A fire shall be considered extinguished when there is no visible flame or smoke coming from the fire, and the burned material can be handled with bare hands.

g. Additional Requirements. Additional requirements for various types of burning are listed in subsections 3.03D2 (pg. 3-xx), 3.03E (pg. 3-xx), 3.03F2 (pg. 3-xx), and the footnotes for tables 3.03-1 and 2.

h. Requirements of Other Agencies. (5.05B) Any person responsible for fires must abide by all rules and procedures set by other agencies having any jurisdiction over outdoor and agricultural burning.

D. SPECIFIC PROVISIONS FOR OUTDOOR BURNING.

1. Prohibitions.

a. Materials. (WAC 173-425-040) (5.02A1a) Materials prohibited from burning:

1) Garbage,

2) Dead animals, or parts of dead animals,

3) Asphalt,

4) Petroleum products,

5) Paints,

6) Rubber products,

7) Plastics,

8) Paper other than what is necessary to start a fire,

9) Cardboard,

10) Treated wood,

11) Construction/demolition debris,

12) Metal, or

13) Any substance that normally emits toxic emissions, dense smoke, or obnoxious odors when burned other than natural vegetation.

b. Hauled Material. Other than firewood (App. A) for use in wood heaters (App. A), ceremonial fires, or recreational fires (App. A), material transported from an area prohibited for outdoor burning may not be burned in another area.

2. Requirements.

a. All Outdoor Burning.

1) When the burn is primarily wood > (App. B) 12 in. dia., the burn must not be ignited or fed after 12:00 noon on the day ignited.

2) Except for ceremonial, residential, tumbleweed, and recreational burning not included in general rule permits, the person doing the burning shall inform the authority of the location, quantity and type of material to burn, and duration for the burn prior to setting the fire.

b. Residential Burning.

1) Must be located on a non-combustible surface not less than 50 feet from buildings, fences, other combustible materials, and other fires.

2) Burn one pile at a time.

3) Pile size must be < (App. B) 4ft. x 4ft. x 3ft. high.

c. Storm and Flood Debris Burning.

1) Material proposed for burning was deposited by a storm that resulted in a declared emergency by a governmental authority.

2) The permit shall contain a time period for the burning.

3) The maximum time limit for this type of burning is two years after the event that deposited the debris.

4) The following variables shall be considered in determining an appropriate maximum time limit after the flood event:

a) Size of the material and the amount of drying time needed to create good burning conditions with lower emissions; and

b) Time of year that the storm event occurred.

E. ADDITIONAL SPECIFIC PROVISIONS FOR FIRE FIGHTING TRAINING FIRES.

1. Applicability. Subsection 3.03E (pg. 3-xx) is applicable to any fire department, business, or organization (App. A) using fire fighting training fires or any business using a fire to demonstrate fire equipment.

2. Requirements for All Training Fires.

a. Must comply with any other permits, licenses, or approvals that are required;

b. Must not be located in an area that is declared to be in an air pollution episode or impaired air quality condition;

c. Nuisance (App. A) laws are applicable to the fire, including nuisances related to the unreasonable interference with the enjoyment of life and property and the depositing of particulate matter or ash on other property; and

d. Notify the authority of the type and location of each fire prior to starting the training fire.

3. Additional Requirements for Structural or Natural Vegetation Training Fires. (5.03D3)

a. These types of training fires are not allowed for a business demonstrating fire equipment.

b. Notice of the fire is provided to the owners of property adjoining the property, and to the persons who potentially will be impacted;

c. On each parcel of land where an exercise is planned each structure to be burned or not burned must be identified to the authority, and;

d. A good faith inspection survey according to subsection 3.07F (pg. 3-xx) is must be conducted to determine if materials containing asbestos are present in the structures, the inspection is must be documented in writing and forwarded to the authority, and asbestos that is found is must be removed prior to the burning.

4. Additional Requirements for Aircraft Crash Rescue Fire Training.

a. Participants in these training fires must be limited to fire fighters who provide support to an airport which is:

1) Certified by the FAA (App. B); or

2) Operated to support military or governmental aviation.

b. Number of training fires allowed per year without a permit is the minimum number required by FAA or other federal safety requirements.

c. The facility must use current technology and be operated in a manner that will minimize the release of air pollutants during the fire training.

d. Prior to the initial training exercise, written approval must be obtained from the authority.

3. Permitting and Limited Exemptions. The types of permits required and limited exemptions granted are shown in table 3.03-1.

F. SPECIFIC PROVISIONS FOR AGRICULTURAL BURNING.

1. Prohibitions. No additional prohibitions.

2. Requirements.

a. A farmer must show that the burning is a BMP (App. B), or necessary to a successful operation; and there is no reasonably available practical alternative.

b. Burning is limited to natural vegetation.

c. Natural vegetation intended for agricultural burning may be transported to a stockpile site for drying and future burning providing there is no prohibition for burning at the stockpile site.

d. Burning must be done only when the wind will take the smoke away from roads, homes, population centers, and other public areas.

e. Prior to igniting a burn, the farmer must provide the authority with the location, size, and type of material for each burn.

f. Farmers who fail to report burns may have an annual permit canceled.

G. LIMITED EXEMPTIONS.

1. All Burning.

a. Individual Permit Required. The specific exemptions will be established in the permit after discussing the burn, the prohibitions, and the requirements with the proponent.

b. General Rule Permits and Permits Not Required. Limited exemptions are identified in subsections 3.03G2&3 (pg. 3-xx), table 3.03-1, the footnotes for these tables, and general rule permits located at the end of this section.

2. Outdoor Burning.

a. Diseased animals may be burned when a health officer orders the burning of all or part of the animal or other infected material to stop the spread of a disease infestation.

b. Dangerous materials may be burned when a fire protection authority orders the burning of dangerous materials because there is no approved alternative method of disposal.

3. Agricultural Burning. All exemptions are identified elsewhere.

H. WAIVERS. The APCO (App. B) may grant a written waiver for a specific subsection if the waiver will:

1. Create no more air pollution than the requirements of the subsection; and

2. Create no adverse environmental, health, or public safety effects:.

3. The waiver document must contain:

a. The specific conditions of the waiver;

b. A duration of no more than 30 consecutive days; and

c. The signature of the owner or operator of the property indicating agreement to the conditions of the waiver.

4. Waivers will not be extended.

I. PROGRAM DELEGATIONS. Table 3.03-2 shows which types of agencies or businesses the authority may use to implement outdoor and agricultural burning programs if the co-operating agency/business complies with this subsection.

1. Permitting by Other Agencies. A local, county, state, or federal agency may qualify for a residential and recreational outdoor burning permit program if:

a. The agency agrees to accept all of the outdoor burning program available for permitting as shown in table 3.03-2;

b. The agency enters into a written agreement with the authority to adopt and enforce the regulations of the authority;

c. The authority finds that agency program is as or more effective;

d. The agency provides annual reports by Feb. 1st of each year which describe:

1) Total number of permits issued;

2) Total number of complaints received;

3) Total number of NOV (App. B) issued;

4) Total number of penalties issued;

5) Total dollar receipts;

6) Suggestions for improvement of the program in the future; and

7) An estimate of the total amount of material burned.

2. Issuing Agents.

a. Local, county, state, or federal governmental agencies or businesses may be delegated the authority to issue residential burning permits after signing a written agreement defining the administrative procedures for the issuance of permits.

b. The compliance and enforcement responsibility for these permits remains with the authority.

c. Violations or non-performance of the agreement may result in the cancellation of the vending agreement or a citation issued under article 5.

J. PERMITTING BY THE AUTHORITY. The authority shall use individual, annual, or general rule permits to authorize all forms of burning which require permits.

1. Individual Permits. Written or verbal individual permits shall be used when:

a. Permits are required by law or regulation;

b. The permits are needed for a specific burning events;

c. The authority believes the proposed burn needs specific requirements or prohibitions that are not available from an annual or general rule permit;

d. The proposed burn can not meet all of the conditions of an annual or general rule permit, or

e. The permit fee is based on the specific conditions of the burn.

2. Annual Permits. Written annual permits shall be used when;

a. Permits are required by law or regulation;

b. All the requirements for burning during the year can be identified in the permit; and

c. The same annual permit fee is charged for all similar permits.

3. General Rule Permits. General rule permits are appropriated when an individual or annual permit is not required, but the authority believes some controls are needed to minimize air pollution.

a. General rule permits have no fees.

b. A person using a general rule permit must comply with all conditions of the permit or obtain an individual or annual permit.

c. The following general rule permits are adopted and included in the regulation:

1) General Rule Permit No. 3.03 - 1, Structural Fire Training Outside of Urban Growth Areas (pg. 3-xx);

2) General Rule Permit No. 3.03 - 2, Wildland Training Fires (pg. 3-xx);

3) General Rule Permit No. 3.03 - 3, Flammable Liquid or Gas Training Fires (pg. 3-xx);

4) General Rule Permit No. 3.03 - 4, Other Training Fires (pg. 3-xx); and

5) General Rule Permit No. 3.03 - 5, Large Recreational Fires (pg. 3-xx);

4. Specific Permit Conditions. Special permit conditions may be added to a written or general rule permit to include additional requirements beyond the requirements of section 3.03. They may include any of the following:

a. All Burning.

1) Restricting the hours of burning;

2) Restricting burning to a defined season;

3) Restricting the size of fires;

4) Imposing requirements for good combustion practice; or

5) Restricting burning to specified weather conditions.

6) The permittee agrees to allow the APCO to enter his/her property to conduct an investigation as defined in subsection 2.01C (pg. 2-xx).

b. Agricultural Burning.

1) Requiring the use of all or part of the agricultural burning BMPs established by the ag task force (App. A).

2) Encouraging the use of locally approved BMPs for specific crops.

5. Permit Duration.

a. Annual permits expire Dec. 31st of the current calendar year.

b. General rule permits adopted into the regulation have an indefinite duration. These remain available for use until rescinded or modified by the regulation adoption process.

c. All other permits expire 30 days maximum from the date of issuance unless approved for an alternate duration.

d. Permits other than annual permits may be extended for an additional 30 days for due cause by the APCO.

6. Permit Conditions Added after Issuance. If additional limitations are needed to prevent air pollution and/or protect property, health, safety, and comfort of persons from the effects of burning;

a. The authority shall amend an individual or annual permit; and

b. The authority must notify the permittee or responsible person of the limitations.

c. Any limitation imposed will become a condition of the permit.

7. Permit Application Process. Permit applications are available from the authority during normal working hours. The application may be submitted in person or by mail, and it must be accompanied by the application fee when one is required.

K. FEES (5.01 E)

1. Any person requesting granted an individual permit from a local responsible jurisdiction, such as local city, town, fire protection district, conservation district or the authority, for an outdoor burning permit, shall pay a fee as shown in governed by the current fee schedule of that agency adopted by the board. then in effect. The fee schedules in effect for the Yakima County Clean Air Authority is as shown in Article XIII, Section 13.03.

2. General rule permits have no fees.

3. Annual agricultural burning permit fees are non-refundable unless the permittee can establish and the authority agrees that the following events happened:

a. The permitted agricultural burning did not occur;

b. The need for the burning was replaced by another treatment; and

c. The burning will not occur in the future.

Table 3.03-1 Limited Exemptions, Types of Permitting.

and Specific Requirements for All Types of Burning.

See footnotes at the end of the table.

9/ Includes any type of agricultural burning not included in the table

Table 3.03-2 Forms of Delegation for All Types of Burning.

See footnotes at the end of the table.

4/ Includes any type of agricultural burning not included in the table.

Table 3.03-3 Notification Requirements Before Burning

See footnotes at the end of the table

5/ As required in the NSR approval order.

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

2. Compliance and enforcement action under article 5.

2. Compliance and enforcement action under article 5.

2. Compliance and enforcement action under article 5.

2. Compliance and enforcement action under article 5.

2. Compliance and enforcement action under article 5.

3.04 WOODSTOVES AND FIREPLACES WOOD HEATERS

A. PURPOSE (9.01) Without limiting the power of the Yakima County Clean Air Authority or its Director or Agents, the Authority states that it shall be its policy, to the extent that it is compatible with the enforcement of the regulations, to instruct and educate the public and violators of the hazards to health caused by woodsmoke, and to authorize educational materials concerning those dangers. To define a program to control and reduce woodsmoke emissions from wood heaters.

B. APPLICABILITY (New section) This section applies to any device which burns wood, wood products, or other nongaseous or nonliquid fuels and is rated less than one million Btu per hour.

C. LIMITATIONS ON SALES, ADVERTISEMENT, AND INSTALLATION OF SOLID FUEL BURNING DEVICES. WOOD HEATERS. (9.04)

A. After January 1, 1992, no used solid fuel burning devices shall be installed in new or existing buildings unless such device is either Oregon Department of Environment Quality Phase II or EPA certified, or a pellet stove either certified or exempt from certification by the EPA or a fireplace furnace with a letter of exemption from the Washington State Department of Ecology and the United States Environmental Protection Agency.

B. SOLID FUEL BURNING DEVICES.

After January 1, 1995, a person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away a solid fuel burning device unless it has been certified and labeled in accordance with procedures and criteria specified in "40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990, and meets the following particulate air contaminant emission standards and the test methodology of the EPA in effect on January 1, 1991, or an equivalent standard under any test methodology adopted by the EPA subsequent to such date:

1. Two and one-half (2 1/2) grams per hour for catalytic woodstoves; and

2. Four and one-half (4 1/2) grams per hour for all other solid fuel burning devices.

3. For purposes of this subsection, "equivalent" shall mean the emissions limits specified in this subsection multiplied by a statistically reliable conversion factor determined by ecology that relates the emission test results from the methodology established by the EPA prior to May 15, 1991, to the tests results from the methodology subsequently adopted by that agency.

C. FIREPLACES.

After January 1. 1997, a person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away a factory built fireplace unless it meets the 1990 EPA standards for woodstoves or equivalent standard that may be established by he state building code council by rule. Subsection 9.04(A) shall not apply to fireplaces, including factory built fireplaces, and masonry fireplaces.

1. Restrictions on Advertisement and Sale.

a. Uncertified wood heaters shall not be advertised or sold.

b. Any wood heater offered for sale shall meet the following PM (App. A) emission standards:

(1) Catalytic wood heaters - ≤ 2.5 grams/hr.

(2) All other wood heaters - ≤ 4.5 grams/hr.

2. Restrictions on Installation. Uncertified wood heaters shall not be installed. The enforcement of the installation requirements may also be enforced by other agencies.

3. Educational Materials. (9.04D) (WAC 173-433-110(5)) Persons Retailers who selling new solid fuel heating devices wood heaters shall distribute must provide and verbally explain educational materials to customers. purchasing new wood stoves describing when a stove can and cannot be legally used. The educational information should include that opacity levels of ten percent or less can be achieved through proper operation. If necessary, the retailer should verbally explain the educational materials to assure that the purchaser understands the information.

4. Installation of Uncertified Wood Heaters. (OAPCA Reg 1, 8.15) (App. B) It is unlawful to install an uncertified wood heater, unless granted a limited exemption in subsection 3.04D (pg. 3-xx), in new or existing buildings or structures. Uncertified wood heaters installed after January 1, 1992, are a violation of this subsection and must be promptly removed from the structure.

5. Sale and Disposal of Uncertified Wood Heaters. (OAPCA Reg 1, 8.17) When an uncertified wood heater is to be permanently removed from its location it shall be made inoperable. A removed uncertified wood heater shall not be sold, bartered, traded, or given away for a purpose other than recycling of the materials.

D. LIMITED EXEMPTIONS (9.04E) The following solid fuel devices wood heaters shall be are granted a limited exemption from the requirements of Section 9.04B of subsections 3.04C4 & 5 (pg. 3-xx):

1. Boilers (App. A);

2. Furnaces (App. A);

3. Cookstoves; Antique Wood Stoves and Heaters. Antique wood cookstoves and heaters manufactured prior to 1940 may be installed and used in the manner of their original design. (1997 UBC, WAC 51-40-510.3) (App. B).

4. Historic Sites. Any building or structure listed on the National Register of Historic Sites or on the Washington State Register of Historic Places is allowed to burn wood, coal, or wood products in the same manner as when it was a functional facility. Use will not be permitted during a burn ban as described in section 3.05 (pg. 3-xx).

5. Existing Uncertified Wood Heater. Owners of uncertified wood heaters installed prior to January 1, 1992 may continue to use these devices at the original locations as long as they meet the provisions of the general requirements in subsection 3.04E (pg. 3-xx).

E. GENERAL REQUIREMENTS.

1. Opacity. (9.02) No person owning, operating or in control of a residential solid fuel burning device shall cause, allow or discharge to the ambient air any emissions from such device which are of an opacity greater than twenty percent (20%) except for the purposes of public education, then the opacity level shall not be greater than ten percent (10%). It is a violation to operate a wood heater in a manner that emits a smoke plume exceeding the opacity standard. The standard and test procedures are stated in app. D.

2. Prohibitive Fuel Types (9.03) A person shall not cause or It is prohibited to allow any of the following materials to be burned in a solid fuel burning device wood heater:

a. Garbage;

b. Treated wood;

c. Plastic and plastic products;

d. Rubber products;

e. Animals; Dead animals, or parts of dead animals:

f. Asphaltic products;

g. Waste petroleum products;

h. Paints and chemicals, or;

i. Any substance, other than properly seasoned wood and paper used to start the fire, Fuel which normally emits dense smoke or obnoxious odors.

3. Burning During Burn Bans. Wood heaters must not be used during a burn ban as describe in section 3.05 (pg. 3-xx). Smoke visible from a chimney, flue or exhaust duct constitutes evidence of unlawful operation. This presumption may be refuted by demonstration that the smoke was not caused by a wood heater. The provisions of this requirement are enforceable on a complaint or surveillance basis.

4. General Standards. Wood heaters may not be operated in violation of subsections 3.01C1d (pg. 3-xx) and 3.01C1e (pg. 3-xx).

3.05 PROHIBITION OF VISIBLE EMISSIONS DURING AIR POLLUTION EPISODE BURN BANS (9.05)

A. PURPOSE.

1. To prevent and avoid increasing unhealthful ambient air quality conditions.

2. To define the legal conditions for outdoor and agricultural burning and the use of wood heaters during burn bans (App. A).

B. APPLICABILITY. Applies to all outdoor and agricultural burning, and wood heater use unless exempted elsewhere in this section.

C. DECLARATION AND CRITERIA.

1. Impaired Air Quality. This is declared and terminated by the APCO (App. B), and it applies to:

a. The woodsmoke control zone as defined in app. H (pg. H-xx) and shown on the map in app. I (pg. I-2); and/or

b. Any other area defined by the board.

c. It indicates air contaminants above threshold levels (App. A) in table 3.05-1.

Pollutant	Threshold Level
	First or Yellow Stage	Second or Red Stage
PM10 (App. B)	> 60 µg/m3(App. B) for a 24 hour average	> 105 µg/m3 for a 24 hour average
CO (App. B)	> 8 ppm for an 8 hour average	No Level

2. Air Pollution Episodes. These are declared during meteorological conditions when there is a possible danger that normal operations at air contaminant sources will be detrimental to public health and safety.

a. Stages. The four stages of an air pollution episode are forecast, alert, warning, and emergency.

b. Declaration and Termination. The director of ecology may declare and terminate the first three stages. Only the governor may declare and terminate the emergency stage of an episode.

D. REQUIREMENTS.

1. Outdoor and Agricultural Burning. Extinguish all burning as required in subsection 3.03C2 (pg. 3-xx) and do not ignite any burns.

2. Fire Training Fires. Do not ignite these fires.

3. Wood Heaters. (9.05A1) Any person in a residence or commercial establishment which has an adequate source of heat other than a SFBD wood heater shall burn the wood heater according to table 3.05-2.

c. Not use any SFBD whenever the Department of Ecology or the Authority has determined under RCW 70.94.715 that any Air Pollution Episode exists in that area.

b. Not use any solid fuel burning device except those which are either Oregon Department of Environmental Quality Phase II or United States Environmental Protection Agency certified or certified by the Department of Ecology under RCW 70.94.457(1) or a pellet stove either certified or issued an exemption by the United States Environmental Protection Agency in accordance with Title 40, Part 60 of the Code of Federal Regulations in the geographic area and for the period of time that a first stage of impaired air quality has been determined by the Department of Ecology or by the Yakima County Clean Air Authority. The geographic area affected by a first stage of impaired air quality is the Woodsmoke Control Zone as defined in Section 1.03(84). A first stage of impaired air quality is reached when particulates ten microns and greater in diameter are at an ambient level of 75 micrograms per cubic meter measured on a 24 hour average or when CO is at an ambient level of 8 parts of contaminant per million parts of air by volume measured on an 8 hour average.

d. Not use any solid fuel burning device, including those that meet the standards set forth in RCW 70.94.457, in any geographic area for the period of time that a second stage of impaired air quality has been determined by the Department of Ecology or the Yakima County Clean Air Authority. The geographic area affected by a second stage of impaired air quality is the Woodsmoke Control Zone as defined in Section 1.03(84). A second stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of 90 micrograms per cubic meter measured on a 24 hour average or when CO is at an ambient level of 8 parts of contaminant per million parts of air by volume measured on an 8 hour average.

E. EXEMPTIONS.

1. Outdoor and Agricultural Burning. There are no exemptions during a burn ban.

2. Wood Heater is the Only Heat Source. Homes or commercial establishments with no source of adequate heat other than a wood heater are exempt from the prohibition in this section. Adequate heat means a system that can maintain a temperature of 70°F (App. B) three feet off the floor in normally inhabited areas of a dwelling when the heater is operating as designed.

Type of Burning 1/	Type of Burn Ban
	Impaired Air Quality		Air Pollution Episode
	First Stage a	Second Stage b	Forecast c	Alert, Warning, or Emergency d
1. Outdoor	No	No	No	No
2. Agricultural	No	No	No	No
3. Fire Fighting Training Fires	No	No	No	No
4. Wood Heaters
4.1 Pellet Stove	Yes	No	Yes	No
4.2 EPA Certified Woodstove	Yes	No	Yes	No
4.3 DEQ Phase 2 Woodstove	Yes	No	Yes	No
4.4 EPA Exempted Device	No	No	Yes	No
4.5 Sole Source of Heat	Yes	Yes	Yes	Yes
4.6 All Others	No	No	Yes	No

Footnotes for table 3.05-2

1/ Definitions of types of burning are in app. A.

3.06 CHLOROFLUOROCARBONS STRATOSPHERIC OZONE-DEPLETING CHEMICALS(10.01)

A. PURPOSE. To prevent the unnecessary release of stratospheric ozone-depleting chemicals. The Board recognizes that the release of chlorofluorocarbons into the atmosphere contributes to the destruction of stratospheric ozone and such destruction threatens plant and animal life. The Board further recognizes that unnecessary release of chlorofluorocarbons should be eliminated when such times as chlorofluorocarbon extraction equipment are readily available to local businesses and the Department of Ecology has adopted rules to control chlorofluorocarbon emission sources including performance specifications for chlorofluorocarbon extraction and/or recycling equipment

B. APPLICABILITY.

1. All persons who manufacture, handle, store, use, or dispose of stratospheric ozone depleting chemicals.

2. Those chemicals are listed in section 602 of Title VI of the FCAA.

C. PROHIBITION. The willful release of ozone-depleting chemicals is prohibited.

3.07 ASBESTOS CONTROL (New Section, 5.09E)

E. Asbestos.

No person shall remove or otherwise disturb asbestos, to the extent that asbestos fibers may become airborne, without notifying the Authority ten (10) business days prior to removal. If removal is necessary due to an emergency, the ten day waiting period may be waived by the Authority.

1. Private Residents.

Private homeowners, when removing friable asbestos materials from their normally occupied or will be normally occupied homes, may be required to remove the asbestos materials according to the National Emission Standard for Hazardous Air Pollutants (NESHAPS) as set forth in Title 40 Code of Federal Regulations part 61, as the same now exists or may be amended. Removal and disposal of non-friable asbestos materials shall be conducted in accordance with practices and procedures approved by the Authority.

2. Small Quantity Asbestos Material.

Asbestos Materials in quantities less than 160 square feet or 260 linear feet must be removed and disposed of according to practices and procedures approved by the Authority.

3. Commercial, Industrial or other sources.

No person shall demolish any commercial, institutional, or industrial building, or any residential facility constructed to house four (4) or more families without first performing a thorough inspection, to be conducted by a qualified expert to determine the quantities and types of asbestos materials present. If it is determined that such building contains asbestos, no person shall commence the demolition of such facility without complying with the requirements of NESHAPS, the Federal Rule stated in E (1) above.

4. Fees or Administrative Charges.

Fees associated with this subsection (5.09(E)) shall be in accordance with Article XIII, Section 13.04 of this regulation.

A. PURPOSE. To prevent asbestos emissions from the disturbance of asbestos-containing materials (*) which could jeopardize public health or safety. (SCAPCA Art. IX, Sect. 9.01 -> 9.08).

B. APPLICABILITY. This section applies to the use, maintenance, renovation, or demolition of any facility (*) or vessel with ACM (*) or suspect ACM (*). It also applies to any activity which could disturb ACM.

C. COMPLIANCE. In addition to the requirements of this section, all sources are required to comply with the provisions of WAC 173-400-075(1), 40 CFR Part 61, and 40 CFR Part 763. The additional requirements in 40 CFR Part 763 that pertain only to K -> 12 public and private schools are not included in this regulation, but the source must comply with them.

D. DEFINITIONS. The following are the definitions for words and phrases used only in this section.

1. AHERA (App. B) Building Inspector. A person who has successfully completed the training requirements established by EPA (App. B) for a building inspector and whose certification is current.

2. AHERA Project Designer. A person who has successfully completed the training requirements established by EPA for an abatement project designer and whose certification is current.

3. Asbestos. The asbestiform varieties of actinolite, amosite, tremolite, chrysotile, crocidolite, or anthophyllite.

4. Asbestos-Containing Material (ACM). Any material containing more than one percent (1%) asbestos.

5. Asbestos Project. Any activity involving the abatement, renovation, demolition, removal, salvage, clean-up or disposal of ACM or ACM waste or any other action that disturbs or is likely to disturb any ACM. 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; or the removal of sealants, coatings, and mastic bound in asphalt roofing with no felt layers containing ACM.

6. Asbestos Survey. A written report describing an inspection using the procedures in EPA regulations, or an alternate method that has received the prior written approval from the APCO (App. B), to determine whether materials or structures to be worked on, renovated, removed, or demolished contain asbestos (*).

7. Competent Person. 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 the hazards; and has been trained and is currently certified in accordance with the standards established by L&I (App. B), OSHA (App. B), or EPA. (App. B)

8. Component. Any equipment, pipe, structural member, or other item covered or coated with, or manufactured from ACM.

9. Demolition. Wrecking, razing, leveling, dismantling, or burning of a structure, and making the structure permanently uninhabitable or unusable.

10. Facility. Any institutional, commercial, public, industrial, or residential structure, installation, or building.

11. Friable Asbestos-Containing Material. ACM that, when dry, can be crumbled, disintegrated, or reduced to powder by hand pressure.

12. Glove Bag. A sealed compartment with attached inner gloves used for the handling of ACM. Properly installed and used, glove gags provide a small work area enclosure typically used for small-scale asbestos stripping operations.

13. Leak-Tight Container. A dust and liquid tight container at least 6-mil thick that encloses ACM waste and prevents solids or liquids from escaping. Such containers may include sealed plastic bags, metal or fiber drums, and sealed polyethylene plastic bags.

14. Nonfriable Asbestos-Containing Material. ACM that, when dry, cannot be crumbled, disintegrated, or reduced to powder by hand.

15. Owner-Occupied, Single-Family Residence. Any non-multiple unit building containing living space that is currently occupied by one family who owns the property as their domicile. This includes houses, mobile homes, trailers, detached garages, houseboats, and houses with a "mother-in-law apartment" or "guest room".

16. Renovation. Altering a structure or component (*) any way, other than demolition.

17. Suspect Asbestos-Containing Material. Material that has historically contained asbestos.

E. MANAGEMENT OF ACM.

1. Condition.

a. ACM which is not likely to be disturbed by renovation (*) does not have to be removed.

b. The ACM in these locations must be maintained in a stable and damage free condition to prevent asbestos emissions.

c. ACM in an unstable, friable condition needs to be removed, encapsulated, or enclosed.

d. ACM in structures planned for demolition must be removed prior to the start of the demolition work.

2. Practices. Acceptable practices are one or more of the following to insure stable ACM conditions:

a. Avoiding the ACM by restricting access and/or signing;

b. Enclosing the ACM with a wall or other barrier;

c. Treating the ACM with a bridging encapsulation compound; or

d. Conducting periodic inspections to insure the ACM is still in a stable condition.

F. ASBESTOS SURVEY REQUIREMENTS.

1. Survey Requirements. Before doing any renovation or demolition an asbestos survey (*) must be performed by an AHERA building inspector (*) except for an renovations of owner-occupied, single-family residences. (*)

2. Records. The owner or operator of the facility must do the following:

a. Post a summary of the survey at the location on the work site where control of entry is maintained or communicate in writing to all persons who may come into contact with the ACM.

b. Retain a copy of all asbestos survey records for at least two years.

c. Record the condition and location of all known ACM remaining after completion of a renovation project..

G. NOTIFICATION.

1. General Requirements. Work must not be done on any project which could disturb ACM unless a complete notification has been submitted by the owner or operator to the authority on approved forms.

a. Duration of the project shall be commensurate with the amount of work.

b. All projects require notification except:

1) Asbestos projects other than demolition involving less than 10 lf (App. B) or 48 sf (App. B) per structure of ACM in a calendar year.

2) Removal and disposal of caulking or window-glazing.

3) Renovation or demolition of detached sheds, garages, or out-buildings located at owner-occupied single family dwellings.

c. Notification is required and the following apply:

1) The renovation or demolition of a facility (*) or vessel containing ACM or suspect ACM (*) more than the limits in subsection 3.07G1b(1) (pg. 3-xx).

2) A copy of the notification, all amendments, the asbestos survey, and any order of approval (App. A) for an alternate means of compliance must be available at all times during work at the asbestos project site.

3) Notification or amendment must be filed at least ten days prior to the planned start date.

4) A copy of all asbestos notification records must be retained for at least two years by the owner or operator of the facility.

d. Multiple Projects. Notification for multiple asbestos projects on contiguous properties may be filed on one form if:

1) Work is performed by the same contractor; and

2) A work plan is submitted that includes:

a) A map of the structures;

b) The site address for each structure;

c) The amount and type of ACM in each structure;

d) The schedule for performing the asbestos project work

e. Annual Notification. A property owner or owner's agent may file one annual notification for asbestos projects at one or more facilities on contiguous properties in one calendar year if:

1) The annual notification is filed at least ten days prior to commencing work on any asbestos project; and

2) The total amount of ACM for all asbestos projects is less than 260 lf or 160 sf.

f. Duration. Notifications are valid for no more than twelve months from the original notification date.

2. Amendments.

a. Mandatory. Must be submitted for any of the following and must be accompanied by the appropriate fee.

1) Increase in the project type or job size that increases the fee; or

2) Changes in the type of ACM that will be removed; or

3) Changes in the start date, completion date, or work schedule, including hours or days of work.

b. Optional. May be submitted for any other change in a notification.

1) Submitted by phone or fax and there is a minimal effort required to review it, an amendment fee will not be charged.

2) Submitted in writing on notification forms, an amendment fee will be charged.

c. Timing. Will not be accepted after the completion date on the current notification or latest amendment.

3. Emergencies.

a. Advance notification is not required, if:

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

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

3) ACM was encountered that was not identified during the asbestos survey; or

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

b. A notification shall be filed not later than the first working day after the asbestos project is commenced and must be accompanied by a written demonstration from the property owner or operator demonstrating the need for the emergency project.

H. ASBESTOS REMOVAL.

1. Renovation Projects. Except as provided in subsection 3.07I3 (pg. 3-xx), renovation work which does not remove ACM must:

a. Enclose or encapsulate the ACM in place; or

b. Leave the ACM in an unaltered and stable condition.

2. Demolition Projects. Except as provided in this subsection and subsection 3.07J3 (pg. 3-xx), work that could disturb ACM must not be done without first removing all ACM.

3. Exceptions. ACM need not be removed prior to demolition, if the property owner demonstrates that it is not accessible because of unsafe conditions. Examples and requirements for this are:

1) Facilities or vessels that are structurally unsound and in danger of imminent collapse, or

2) Other conditions that are immediately dangerous to life and health.

3) Documentation for Unsafe Conditions.

a) Submit written documentation of the hazard by a qualified government official or a licensed structural engineer, and

b) Submit procedures that will be followed for controlling emissions during demolitions and disposal of the ACM.

I. PROCEDURES FOR ASBESTOS PROJECTS.

1. Training Requirements. Work must be performed by persons trained and certified in accordance with the standards established by L&I, OSHA, or EPA and whose certification is current. This requirement does not apply to asbestos projects conducted in an owner-occupied, single-family residence performed by the resident owner.

2. Asbestos Removal Work Practices. Persons (App. A) removing any ACM must:

a. Conduct work in a controlled area, marked by barriers and asbestos warning signs;

b. Restrict access to authorized personnel;

c. Equip with transparent viewing ports when a negative pressure enclosure is used, if feasible;

d. Saturate absorbent materials with a liquid wetting agent prior to removal;

e. Wet unsaturated surfaces exposed during removal immediately;

f. Coat nonabsorbent materials continuously with a liquid wetting agent;

g. Wet and seal all ACM waste (*) in leak-tight containers as soon as possible after removal but no later than the end of each work shift;

h. Clean any asbestos residue from the exterior of all leak-tight containers and ensure that each container is labeled with an asbestos warning sign specified by L&I, OSHA, or EPA;

i. Immediately after sealing each leak-tight container, permanently mark the container with:

1) Date the material was collected for disposal;

2) Name of the waste generator; and

3) Address where the ACM waste was generated

This marking must be readable without opening the container;

j. Do not be drop, throw, slid, or otherwise damage ACM waste containers; and

k. Store the ACM waste containers in a controlled area if not immediately transported to an approved waste disposal site.

3. Removal of Nonfriable ACM. The following asbestos removal methods must be employed for ACM that has been determined to be nonfriable (*) by a competent person (*) or an AHERA building inspector:

a. The material must be removed using methods which do not render the material friable. Removal methods such as sawing or grinding must not be employed.

b. Dust control methods must be used as necessary to assure no fugitive dust is generated.

c. The material must be carefully lowered to the ground to prevent fugitive dust.

d. After being lowered to the ground, the material must be immediately transferred to a disposal container.

4. Removal of Friable ACM. Any combination of the following are acceptable work practices:

a. Negative Pressure Enclosure. ACM removal is done inside a negative pressure enclosure equipped with a local exhaust system that captures airborne asbestos fibers;

b. Glove Bagging. ACM removal of small quantities of ACM using a glove bag (*) system.

c. Wrap and Cut Procedures. ACM need not be removed from a component (*) if the component is wrapped and sealed prior to removal, removed, stored for reuse or disposal, or transported without disturbing or damaging the ACM.

J. ALTERNATE MEANS OF COMPLIANCE. An alternate asbestos removal method may be used after prior written approval from the APCO if the following actions are taken:

1. Friable ACM Removal.

a. An AHERA project designer has evaluated the work area, the type of ACM, proposed work practices and engineering controls, and demonstrates to the APCO that the planned control method will be equally as effective as the work practices contained in subsection 3.07I (pg. 3-xx); and

b. The property owner or operator prepares a written air monitoring plan which includes PCM (App. B) air sampling. The sampling must demonstrate the asbestos fiber concentrations outside the controlled area do not exceed 0.01 f/cc (App. B) for an 8 hr. time weighted average.

c. Dry removal may be approved if:

1) It is necessary to avoid danger to workers or damage to equipment from wetting agents contacting high temperature steam lines or electrical components which can not be disconnected or de-energized during abatement, and

2) All wet removal methods have been evaluated by an AHERA project designer.

2. Nonfriable ACM.

a. A competent person or AHERA project designer has evaluated the work area, the type of ACM, the proposed work practices, and the engineering controls; and

b. The planned control method will be equally as effective as the work practices contained in subsection 3.07I (pg. 3-xx) in controlling asbestos emissions.

3. Leaving Nonfriable ACM in Place. Nonfriable ACM may be left in place during renovation or demolition upon prior written approval by the APCO if:

a. An AHERA project designer has evaluated the work area, the type of ACM, the proposed work practices, and the engineering controls; and

b. The ACM will remain nonfriable during all renovation or demolition activities and subsequent disposal of the debris.

c. This subsection does not apply to demolition by intentional burning.

4. Approval of Alternate Methods.

a. The APCO will issue an order of approval requiring conditions that are reasonably necessary to assure the planned control method is as effective as the work practices in subsection 3.07I (pg. 3-xx).

b. The APCO may revoke the order of approval for cause.

K. DISPOSAL OF ACM WASTE.

1. Prohibition. It is unlawful for any person to dispose of ACM waste unless it is deposited within ten days of removal at an approved waste disposal site.

2. Waste Tracking Requirements. It is unlawful for any person to dispose of ACM waste unless all of the following requirements are met:

a. Maintain shipment records starting prior to shipping the waste;

b. Use a form that includes all of the following information:

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

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

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

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

5) The date transported;

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

7) 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 waste transport regulations.

c. Provide a copy of the waste shipment record to the disposal site owner or operator at the same time the ACM waste is delivered.

d. Return a signed copy of the waste shipment record to the waste generator within 30 days after receiving the waste at the disposal site.

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

3. Temporary Storage Site. A person may establish a facility to collect and store ACM waste if the facility is approved by the APCO and the following conditions are met:

a. Accumulated ACM waste is kept in a controlled storage area posted with asbestos warning signs and is accessible only to authorized persons;

b. Stored in leak-tight containers which are maintained in leak-tight condition;

c. Stored in a locked area except during transfer of ACM waste; and

d. Storage, transportation, disposal, and return of the waste shipment record to the waste generator must not exceed 90 days

L. FEES. See current fee schedule for the notification fees.

3.08 SPECIFIC DUST CONTROLS (New Section)

A. CONSTRUCTION DUST

1. Purpose. To prevent and reduce fugitive dust emissions from construction.

2. Applicability. Applies to any owner or operator engaged in the construction, repair, or demolition of any building; construction or maintenance of a road; site preparation; or landscaping work on a property.

3. Exemptions.

a. From Requirements in subsection 3.08A4 (pg. 3-xx). None.

b. From Submitting a Dust Control Plan.

1) A single family residence or duplex dwelling shall be exempt provided the site is not a phase of a project that involves more than one dwelling.

2) Projects causing complaints of dust emissions that result in a determination by the authority that reasonable precautions to prevent dust emissions are not being used shall not be exempt from the requirement for a dust control plan.

c. Emergencies. Sources are granted exemptions from subsection 3.08A during the following emergency situations provided the source contacts the authority within 24 hrs. of the start of the emergency and uses reasonable precautions as soon as feasible after the emergency is resolved:

1) Active operations conducted during emergency, life threatening situations, or in conjunction with an officially declared disaster or state or emergency; or

2) Active operations conducted by public service utilities to provide electrical, natural gas, telephone, water, or sewer service during emergency outages.

4. Requirements.

a. Visible Emissions. Sources are required to comply with subsection 3.01C1a (pg. 3-xx).

b. Preventing Particulate Matter From Becoming Airborne. Sources are required to comply with subsection 3.01C1b (pg. 3-xx).

d. Construction, Demolition, or Repair Work. Sources are required to comply with subsection 3.01C1c (pg. 3-xx).

e. Emissions Detrimental to Persons or Property. Sources are required to comply with subsection 3.01C1e (pg. 3-xx).

f. Fugitive Dust. Sources are required to comply with subsection 3.01C2c (pg. 3-xx).

g. Water for Dust Control. (5.12D) Any person engaged in the doing construction, repair, remodeling or demolishing of any building; or engaging in any road construction or repair within any incorporated town or city in Yakima County, Washington, or within an area of one (1) mile of the city limits of the city of Yakima, Washington, or within one-quarter (1/4) of a mile of the city limits of any other town or city in Yakima County, Washington, shall take such measures as are reasonably necessary to reduce air pollution, including the use of water and the sprinkling of water to control dust so that the same is not emitted and deposited upon the property of others in quantities which unreasonably interfere with the enjoyment of their property. No work as above defined shall be commenced without having must have an adequate supply of water available at the job site in sufficient quantities to control dust air pollution at the time of commencement of such work. at all times.

h. Site or Project Dust Control Plans. Where the potential exists for fugitive dust emissions, an owner or operator must prepare a site dust control plan and submit it to the authority 15 days prior to the start of any work that will disturb soil stability, cover, or cause fugitive dust emissions.

1) Dust control plans must identify management practices and operational procedures which will effectively control fugitive dust emissions.

2) Dust control plans must contain the following information:

a) A detailed map or drawing of the site;

b) A description of the water source to be made available to the site, if any;

c) A description of preventive dust control measures to be implemented, specific to each area or process;

d) A description of contingency measures to be implemented in the event any of the preventive dust control measures become ineffective;

e) A statement, signed by the owner or operator of the site, accepting responsibility for the implementation and maintenance of the dust control plan;

f) The name and telephone number of person(s) available 24 hours a day to mitigate any episodes of dust emissions; and

g) If the ownership or control of all or part of the site changes, the plan must be resubmitted by the new party and approved by the authority.

3) The authority will review the plan and either approve or require modification of the plan.

4) An owner or operator must implement effective dust control measures outlined in approved plans.

i. Master Dust Control Plan. As an alternative to a site dust control plan, an owner or operator may submit a master dust control plan that applies to more than one site or project. The master plan must:

1) Address all the requirements in subsection 3.08A4g (pg. 3-xx); and

2) Provide for effective control of fugitive dust emissions to all sites and projects.

3) Prior to the commencement of work at any site or project covered by the master plan, additional notification must be submitted as soon as possible. The master plan or the additional notification must:

a) Give the name and phone number of a person responsible for the implementation of dust control measures for each of the sites; and

b) Address any unique site qualities or project operations that would impair the effectiveness of dust control measures.

5. Additional Information. Additional information is available from the authority.

6. Fees. See current fee schedule.

B. DUST FROM CATTLE FEEDING OPERATIONS.

1. Purpose. To prevent and reduce fugitive dust emissions from cattle feeding operations.

2. Applicability. Applies to any owner or operator of a beef or dairy replacement cattle feeding operation:

3. Exemptions. Sources are granted exemptions from subsection 3.08B during an emergency situations provided:

a. The owner or operator of the source contacts the authority before the end of the next business day after the start of the emergency; and

b. The source uses reasonable precautions as soon as feasible after the emergency is resolved.

c. An emergency situation exists when compliance with subsection 3.08B would cause risk to human health or substantial crop damage or cattle loses

4. Requirements.

a. Visible Emissions. Sources are required to comply with subsection 3.01C1a (pg. 3-xx).

d. Preventing Particulate Matter From Becoming Airborne. Sources are required to comply with subsection 3.01C1b (pg. 3-xx)

e. Odor. Sources are required to comply with subsection 3.01C1d (pg. 3-xx).

f. Emissions Detrimental to Persons or Property. Sources are required to comply subsection 3.01C1e (pg. 3-xx).

g. Fugitive Dust. Sources are required to comply with subsection 3.01C2c (pg. 3-xx).

h. Dust Control Plan Preparation. The following types of sources must prepare and submit an annual dust control plan to the authority no later than April 15th of each year.

1) Any source with an average of 1,000 or more of cattle confined and fed during the months of April through October and; or

2) Any cattle feeding operation which receives a verified fugitive dust complaint.

i. Dust Control Plan Content. Dust control plans must include:

1) A map or drawing of the feedlot;

2) The operational capacity of the feedlot;

3) The maximum number of cattle which are confined;

4) The water available to the feedlot for dust control;

5) The site-specific features which could complicate or prevent implementation of BMPs (App. B)

6) Which BMPs will be used, and where they will be used;

7) The equipment and materials to be used to implement a BMP;

8) An operational and maintenance plan and schedule to implement each BMP; and

9) At a minimum the operation and maintenance plan shall BMPs for;

a) Hay chopping,

b) Grain processing,

c) Feed mixing, and

d) Feed handling.

h. Plan Implementation.

1) The authority will approve or require modification of the plan within 30 days of receipt.

2) A feedlot operator must implement an approved dust control plan.

3) A feedlot operator may change practices from those in an approved dust control plan as long as the effectiveness of the plan is not reduced, and the operator notifies the authority of the change.

4. Additional Information. Additional information is available from the authority.

5. Fees. See current fee schedule

3.09 MOBILE SOURCE EMISSIONS (New Section)

A. PURPOSE. To control and minimize air pollution from all types of motor vehicles.

B. OXYGENATED GASOLINE. Reserved for later use.

3.10 GENERAL RULE FOR MINOR SOURCES (New Section) Reserved for later use.

3.11 MONITORING, RECORDKEEPING, AND SPECIAL REPORTING (5.11)

A. PURPOSE. To ensure the authority has sufficient information to determine compliance with emission limitations, permit conditions, and control measures.

B. APPLICABILITY. To the owners or operators of air pollution sources upon notification by the authority or specified by federal or state law or regulation.

C. NOTIFICATION. Sources (App. A) are notified of the requirements for this section by any of the following:

1. NSR (App. B) approval orders;

2. Requirements imposed by an AOP (App. B);

3. Regulatory orders issued by the APCO (App. B);

4. Compliance orders or corrective action orders issued by the APCO; or

5. Required by the APCO.

D. GENERAL REQUIREMENTS.

1. Emission Standards and Test. The measurable emission standards cited in section 3.11 are listed in app. D (pg. D-1) with the test method and compliance assurance requirements.

2. Installation of Monitoring Equipment. Categories of sources or individual sources may be required by federal or state law or regulations or directed by the APCO to install, operate, and maintain equipment to monitor air pollutants for just cause.

3. Excess Emissions. (5.11D & WAC 173-400-107) If an equipment breakdown or upset condition occurs resulting in emissions in excess of applicable limits set by this Regulation or resulting in emissions which violate an applicable compliance schedule, the owner or operator of the affected source shall take immediate corrective action and shall report such breakdown to the Authority by the next working day after the breakdown occurs. An initial breakdown or upset condition shall not be subject to penalties for emissions in excess of the limits set by this chapter, providing the owner or operator complies with the provisions of this subsection and providing the breakdown or upset was not the result of gross negligence. If an extended time period is required to complete the corrective action, the Authority or its authorized representative may require that the operation be curtailed or shutdown. Repeated breakdowns may be subject to all penalties authorized by law. The Authority or its authorized representative may issue regulatory orders specifying maintenance and operating procedures. The owner or operator of a source must take the following actions and prove to the authority that excess emissions were unavoidable to obtain relief from enforcement action under article 5.

a. Immediate Action for All Excess Emissions. Take immediate corrective action to stop the excess emissions and mitigate the effects. This includes slowing or stopping the emission units when the operator knows or should have known a standard or permit condition was exceeded.

b. Reporting Action. Report the excess emissions to the authority as follows:

1) All excess emissions which present a risk to public health or safety or the owner or operator believes are unavoidable shall be reported by the end of the next working day;

2) All other excess emissions by the end of the following month during the submission of emission monitoring reports or by a special report; and

3) When requested by the authority, the owner or operator shall submit a detailed written report which addresses the following:

a) Known causes of the emissions;

b) Corrective action taken;

c) Preventive measures taken to minimize the risk of a reoccurrence;

d) A demonstration that the excess emissions could not be avoided through better planning and design of the equipment and processes;

e) Any bypass of control apparatus (App. A) was necessary to prevent the loss of life, personal injury, or severe property damage;

f) The excess emissions could not have been avoided by a different scheduling for maintenance or operation and maintenance practices; and

g) The excess emissions were not the result of a reoccurring pattern which indicates inadequate design, operation, or maintenance of the equipment or processes.

c. Determination of Unavoidable Excess Emissions. After receiving the reports from the source, the authority shall make a determination of whether the excess emissions were avoidable or unavoidable. Unavoidable excess emissions must meet all of the following conditions:

1) The source took immediate action to stop the excess emissions and mitigate the effects;

2) The source reported the excess emissions as required; and

3) The excess emissions resulted during any of the following:

a) Equipment startup or shut down;

b) Scheduled maintenance and the excess emissions could not be avoided by reasonable design, better scheduling of the maintenance, or better operation and maintenance practices;

c) Upset conditions not caused by poor or inadequate design, operation, or maintenance; or

d) Upset conditions caused by power failure or other natural causes.

Any other excess emissions are considered avoidable.

d. Action by the Authority.

1) Shall make a determination of avoidable or unavoidable excess emission within 30 days after all information has been submitted by the owner or operator of the source.

2) If the excess emissions are found to be avoidable, the authority shall take appropriate enforcement action.

3) May require shutdown of the equipment or process if the corrective action will require an extended time period

4. Change in Raw Material or Fuels for Non-AOP Sources. (5.11K)

a. Any change or series of changes in raw material or fuel which will result in a cumulative increase in emissions of any of the following air pollutants sulfur dioxide of forty 40 tons per year or more over that stated in the initial inventory required by WAC 173-400-105(1) shall require the submittal of sufficient information to Ecology or the authority to determine the effect of the increase upon ambient concentrations of sulfur dioxide the pollutant:

1) SO₂ - 40 TPY (App. B)

2) NO_x - 40 TPY

3) VOCs - 40 TPY, or

4) PM - 25 TPY.

b. Ecology or The authority may issue regulatory orders requiring controls to reduce the effect of such the increases.

c. Cumulative changes in raw material or fuel of less than 0.5 percent increase in average annual sulfur content over the initial inventory may not require such a notice.

5. Maintenance of Monitoring Records. The source shall maintain monitoring records at the source for the following time periods:

a. Minor Sources. Two years unless directed otherwise by the APCO.

b. Major Sources. Five years.

6. Additional Monitoring Requirement. Nothing in this section precludes the authority from requiring additional monitoring, recordkeeping, reporting, or compliance assurance monitoring.

E. EMISSIONS SAMPLING.

1. Ambient Air Monitoring. (5.11 A)

a. Purpose. The Authority shall conduct a continuous surveillance program To monitor the quality of the ambient atmosphere as to for the concentrations and movements of air contaminants pollutants as approved by the Board.

b. Monitoring. As part of this program, The Authority APCO (App. B) or its authorized representative may require any source under the jurisdiction of the Authority to conduct stack and/or ambient air monitoring, and to report the results to the Authority when there is credible evidence that the source is creating significant emissions that contributes to a violation of the NAAQS (App. B).

c. Quality Control. The monitoring equipment shall be operated and maintained to meet the QA/QC (App. B) requirements of 40 CFR Part 58.

d. Reporting Requirements. The reporting requirements and due date for the reports will be specified by the APCO.

2. Compliance Testing. (5.11 C) In order to demonstrate compliance with this Regulation, the Authority or its authorized representative may require that a test be conducted of the source using approved EPA methods from 40 CFR 60 Appendix A on file at the Authority or Ecology.

a. Purpose. To determine source compliance with the appropriate emission standards.

b. Sampling Requirements.

1) Test Methods. Must be a test be conducted of the source using applicable approved EPA methods from 40 CFR Part 51, 60, 61, or 63 Appendix A, on file at the Authority or Ecology and "Source Test Manual - Procedures for Compliance Testing", WA State Dep't. Of Ecology, July 12, 1990.

2) Testing Frequency. Sources having one or more emission points which emit more than a significant amount of any pollutant as defined in app. A will be tested for compliance with the applicable standards at least:

a) Major Stationary Sources. Once per five years or as required by NSR approval, permit, order, or state or federal requirements.

b) Minor Sources. As required by NSR approval, permit, order, or state or federal requirements.

3) Sample Collection by the Authority. The operator of a source may be required to provide the necessary platform and sampling ports to perform a test of the source. The Authority shall be allowed to obtain a sample from any source. The operator of the source shall be given an opportunity to observe the sampling and to obtain a sample at any time. As specified in subsection 2.01D (pg. 2-xx).

4) Sample Collection by the Owner or Operator. The owner or operator of a source shall notify the authority in writing at least 14 days prior to any compliance test and provide the authority an opportunity to review the test plan and observe the test.

c. Test Results. The owner or operator of any source required to perform a compliance test must submit a report to the authority no later than 60 days after the test. The report must include:

1) A description of the source and the sampling location;

2) The time and date of the test;

3) A summary of results, reported in units and for averaging periods consistent with the applicable emission standard;

4) A description of the test methods and quality assurance procedures employed;

5) The amount and type of fuel burned or raw material processed by the source during the test;

6) The operating parameters of the source and control apparatus (App. A) during the test;

7) Field data and example calculations; and

8) A statement signed by the senior management official of the testing firm certifying the validity of the source test report.

d. Required by the Authority. As a condition of a NSR (App. B) approval, a permit, regulatory order, or order of approval, the authority may require the source to provide a compliance test.

3. Emission Inventory. (5.11 J)

a. Purpose. To maintain a current and accurate inventory of emissions from air pollution sources.

b. Applicability. The owner(s) or operator(s) of any air contaminant of the following types of sources shall must submit an annual inventory of emissions from the source each year.:

1) Major stationary sources;

2) Sources emitting significant levels of pollutants as listed in app. A;

3) Sources subject to 40 CFR Part 60, NSPS (App. B); 40 CFR Part 61, NESHAPS (App. B); or 40 CFR Part 63, MACT (App. B); or

4) Any source required by NSR approval, permit, order, or state or federal requirements.

c. Specific Requirements.

1) Emissions Included. The inventory may include stack and fugitive emissions of particulate matter, PM-10, sulfur dioxide, carbon monoxide, total reduced sulfur compounds (TRS), fluorides, lead, VOCs, and other contaminants, and shall be submitted (when required) no later than one hundred five (105) days after the end of the calendar year., The owner(s) or operator(s) shall maintain records of information necessary to substantiate any reported emissions, consistent with the averaging times for the applicable standards. The inventory shall include the emissions from all emission units for criteria pollutants (App. A), fluorides, TRS (App. B), and TAPS (App. B) listed in app. K, para B (pg. K-4).

2) Records Maintenance. The owner(s) or operator(s) shall must maintain records of information necessary to substantiate any reported emissions consistent with the averaging times for the applicable standards.

3) Due Date. and shall The inventory must be submitted (when required) no later than one hundred five (105) days after the end of the calendar April 1st of each year or as directed by the APCO.

4) Review by the Authority. Emission inventories are subject to review and approval by the authority. Emission inventories which are incomplete or inaccurate shall be returned to the source for correction and resubmission to the authority.

F. CONTINUOUS MONITORING AND RECORDING REQUIREMENTS FOR CERTAIN SOURCES. (5.11 E)

1. Purpose. (5.11A) The Authority shall conduct a continuous surveillance program to monitor the quality of the ambient atmosphere as to concentrations of air contaminants as approved by the Board.

As part of this program, the Authority or its authorized representative may require any source under the jurisdiction of the Authority to conduct stack and/or ambient air monitoring, and to report the results to the Authority. To continuously monitor the emissions and ambient air conditions at certain sources for specific pollutants.

2. Applicability. Applies to the categories of stationary sources and the emissions specified in table 3.11-1.

3. Specific Requirements.

a. Monitoring Equipment. Prior to the start of emitting air pollutants from a source, owners and operators of the following categories of stationary sources listed must install, calibrate, maintain, and operate equipment for continuously monitoring and recording equipment those emissions specified for:

1) Sources categories in table 3.11-1; or

2) Sources or source categories directed by the APCO.

b. Waiver or Extensions. (5.11 F) All sources subject to this Regulation shall procure and install equipment and commence monitoring and recording activities. no later than eighteen (18) months after adoption of this Regulation by the Authority. Any waiver or extension to this time requirement shall must be requested as a negotiated through the variance procedure of . WAC 173-400-180 under subsection 3.00D (pg. 3-xx).

4. Exemptions. (5.11H) Are listed in table 3.11-2.

a. A source subject to a New Source Performance Standard;

b. A source not subject to an applicable emission standard;

5. Equipment and Performance Specifications. (5.11 E. 5) Owners and operators of those sources required to install continuous monitoring equipment under this regulation or the SIP (App. B) shall must demonstrate to the Authority compliance with the equipment and performance specifications, and observe the reporting requirements, contained in:

a. Title 40 Code of Federal Regulations, CFR Part 51 (App. B), Appendix P, Section 3, 4, and 5, promulgated on October 6, 1975, which is by this reference adopted and incorporated herein;

b. 40 CFR Part 60, App. B, Performance Specifications; and

c. QA/QC requirements in 40 CFR Part 60, App. F.

6. Special Considerations. (5.11 G)

a. If for reason of physical plant limitations or extreme economic situations, the authority determines that continuous monitoring is not a reasonable requirement, alternative monitoring and reporting procedures will be established on an individual basis.

b. These will generally be of the form of stack (App. A) tests conducted at a frequency sufficient to establish the emission levels over time and to monitor the variability of the emissions deviations in these levels.

7. Monitoring System Malfunctions. (5.11 I)

a. A source may be temporarily exempted from the monitoring and reporting requirements of this Regulation during periods of when the monitoring system malfunctions provided that the source owner or operator shows demonstrates in writing to the satisfaction of the authority that the real malfunction was unavoidable and is being repaired as expeditiously as practicable.

b. Missing monitoring system data is acceptable when:

1) The missing data is ≤ 10% of the total observations;

2) The missing data is not continuous; and

3) The missing data resulted from monitoring equipment malfunction, calibration, maintenance, power failure, or other conditions not reasonably preventable.

Table 3.11-1 Source Categories which Require Continuous Emissions Monitoring.

Table 3.11-2 Source Categories Exempt from Continuous Emissions Monitoring.

4.00 REQUIREMENTS COMMON TO ALL PERMITS (New Section) Reserved for later use.

4.01 REGISTRATION PROGRAM (4.01)

A. PURPOSE. (WAC 173-400-099) To develop and maintain a current and accurate record of air contaminant sources.

B. APPLICABILITY. (4.01 A) Applies to the owner or operator of each source within the following source categories in app. G. (pg. G-1), that does not hold an operating permit, shall register the source with the Authority:

C. RESPONSIBILITY. (4.01D) The owner or operator of the source is responsible to notify the authority of the existence of the source except when exempted in subsection 4.01D (pg. 4-1).

D. EXEMPTIONS. All exemptions based on emissions use the actual emissions from the source.

1. Air Operating Permit Sources. Sources or emission units which are permitted according to section 4.04 (pg. 4-xx).

2. Criteria Exempt Sources. Sources which have actual emissions less than the rates shown in table 4.01-1 (pg. K-4).

3. Toxic Air Pollutants Sources. Sources which do not emit a quantifiable amount of toxic air pollutants listed in app. K, para. B.

4. Gasoline Marketing Operations.

a. Any loading terminal or bulk plant dispensing ≤ 7,200,000 gallons per year;

b. Any gasoline dispensing facility dispensing ≤ 360,000 gallons per year which started operation prior to August 31, 1991; or

c. Any gasoline dispensing facility with a total storage capacity of ≤ 10,000 gallons.

4. The source is not exempted from the requirements of 4.01F5&6 (pg. 4-xx).

F. REGISTRATION AND REPORTING PROCEDURE. (WAC 173-400-101, 102, & 103)

1. Registration. (4.01E) The owner or operator of any proposed new source shall register the source with the Authority. Initial registration and reporting shall be on forms supplied by the Authority within the time specified thereon.

a. Sources required to register are defined in subsections 4.01B, D, & E (pg. 4-xx).

b. The registrant shall use forms and directions supplied by the authority.

c. The forms must be completed and returned within the time specified. The forms will provide for the submission of information concerning locations, size and height of contaminant outlets, processes employed, nature of the contaminant emission and such other information relevant to air pollution as the Authority may require. A separate registration shall be required for each source of contaminant provided that an owner or lessee has the option to register a process with a detailed inventory of contaminant sources and emissions related to said process and provided further than an owner need not make a separate registration for identical units or equipment or control apparatus installed, altered or operated in an identical manner on the same premises.

d. (4.01 F) Emission units within the facility must be listed separately unless they meet the following conditions:

1) The authority determines that certain emission units may be combined into process streams for purposes of registration and reporting; or

2) There are identical units of equipment or control facilities installed, altered, or operated in an identical manner on the same process; the number of the units may be reported.

2. Reporting. (4.01 E) After initial registration and reporting, subsequent general Reports shall must be filed annually during January on using forms and directions supplied by the authority in accordance with the terms of the Pollution Disclosure Act of 1971, Chapter 160, Laws of 1971, Extraordinary Session.

a. Detailed Annual Reporting.

1) The source emits one or more pollutants at rates greater than those listed in table 4.01-2;

2) Reporting is necessary to comply with federal requirements and emission standards;

3) Reporting is required in a RACT (App. B) determination for the source category;

4) The APCO determines that the source poses a threat to human health and the environment; or

5) Sources who qualified for three-year reporting, but failed to comply with the regulations or orders issued by the authority.

b. Three-Year Reporting.

1) The source emits one or more pollutants at rates greater than the rates in table 4.01-1 but less than the rates in table 4.01-2; or

2) The source emits a quantifiable amount of one or more class A or B toxic air pollutants listed in app. K, para. B (pg. K-4).

Table 4.01-2 Significant Pollutant Emission Levels

4. Signature. (4.01G) Each registration shall be signed by the owner or lessee or agent for such owner or lessee. The owner or the lessee of the source shall be responsible for the registration and the correctness of the information submitted. The owner, operator, or a designated representative must sign the registration or reporting form for each source. The owner or lessee of the source is responsible for the accuracy, completeness, and timely submittal of this information.

5. Closure Report. (4.01 B) A special closure report of closure shall must be filed with the authority within 90 days whenever the operations producing of an emissions source is are permanently ceased for any source listed in Section 4.01(A) above.

6. Change of Ownership. A new owner or operator must report to the authority within 90 days of any change of ownership or operator.

G. FEES. (4.01 H) All registrants shall must pay a fee in accordance with the registration current fee schedule in Article XIII, Section 13.01.

4.02 NOTICE OF CONSTRUCTION NEW SOURCE REVIEW. (4.02, RCW 70.94.152, & WAC 173-400-110->116)

A. PURPOSE. To explain the requirements and processes for a new source review (NSR) application for a stationary or temporary source and the resulting review and approval process.

B. APPLICABILITY. (4.02A) No person shall construct, install, establish, or modify a new air contaminant source, except those sources excluded in Section 4.03 of this Regulation, without first filing with the Authority a "Notice of Construction, Installation or Establishment of New Air Contaminant Source", on forms prepared and furnished by the Authority. For the purpose of this section, addition to or enlargement or replacement of an air contaminant source, or any major alteration therein, shall be construed as construction, installation or establishment of a new air contaminant source.

1. Applies to all temporary sources and the following stationary sources unless exempted in subsection 4.02C (pg. 4-xx):

a. All new air pollution sources;

b. Any replacement or alteration of air emission control apparatus (App. A) or a change in process that affects emissions;

c. Any project that qualifies as a construction, reconstruction, or modification of a facility within the meaning of 40 CFR Part 60 except Subpart AAA, Woodstoves;

d. Any project that qualifies as a new or modified source within the meaning of 40 CFR 61.02 except for asbestos demolition and renovation projects subject to 40 CFR 61.145;

e. Any project that qualifies as a new source within the meaning of 40 CFR 63.2;

f. Any project that qualifies as a major stationary source or major modification of a source as defined in app. A; or

g. Any project that requires an increase in a plant-wide cap or unit specific emission limit.

2. Any source emitting toxic air pollutants (TAP).

a. The NSR (App. B) for the TAP (App. B) is subject to chap. 173-460 WAC; and

b. The NSR for all other pollutants is subject to this section.

3. The NSR for all air pollutants may be combined in one application and approval.

C. EXEMPTIONS. (4.03) Neither registration nor notice of construction shall be required for the following air contaminant sources:

1. Air conditioning or ventilating systems not designed to remove contaminant generated by or released from equipment.

2. Blast cleaning equipment which uses a suspension of abrasive in liquid water.

3. Fuel burning equipment if used solely for a private dwelling serving three (3) families or less.

4. Insecticide and herbicide spray equipment.

5. Non-stationary internal combustion engines, including gas turbine and jet engines.

6. Laboratory equipment used exclusively for chemical or physical analysis.

7. Laundry driers, extractors or tumblers used exclusively for the removal of water from fabric.

8. Application of surface coatings by use of an aqueous solution or suspension if used on external or internal walls of residential, commercial or industrial facilities.

9. Steam cleaning equipment used exclusively for that purpose.

10. Vacuum producing devices used in laboratory operations, and vacuum producing devices which do not remove or convey air contaminant from or to another source.

11 Vents used exclusively for:

c. Sanitary or storm drainage systems;

d. Safety valves; or

e. Washing or drying equipment used for products fabricated from metal or glass, if no volatile organic material is used in the process.

f. Construction of single family or duplex dwellings.

1. Emission Unit and Activity Exemptions. These are listed in app. K, para. A (pg. K-1).

2. Exemptions Based on Emissions Thresholds.

a. A new emissions unit with a potential to emit below each of the threshold levels (App. A) listed in table 4.02-1 is exempt from NSR provided the conditions of subsection 4.02C2c (pg. 4-xx) are met.

b. A modification to an existing emissions unit that increases the unit's actual emissions by less than each of the threshold levels listed in the table 4.02-1 is exempt from NSR provided the conditions of 4.02C2c (pg. 4-xx) of this subsection are met.

c. The owner or operator seeking to exempt a project from NSR shall notify, and upon request, file a brief project summary with the authority prior to beginning actual construction on the project. If the authority determines that the project will have more than a de minimis (App. A) impact on air quality, the authority may require the filing of a NSR application. The authority may require the owner or operator to demonstrate that the emissions increase from the new emissions unit is smaller than all of the thresholds listed in table 4.02-1

d. The owner/operator may begin actual construction on the project 31 days after the authority receives the project summary, unless the authority notifies the owner/operator within 30 days that the proposed new source requires a NSR application.

Table 4.02-1 Exemption Threshold Table

D. REQUIREMENTS FOR ALL NSR APPLICATIONS.

1. Information Required.

a. Application Form. The source must use and complete the NSR application on forms furnished by the authority.

b. Additional Documentation. Any additional information required by the APCO (App. A) to show that the proposed air contaminant (App. A) source will meet the applicable emissions standards.

c. Signature. (SCAPCA Sect 5.04) Each NSR application must be signed by the owner, operator, or designated representative of the air contaminant source.

2. Public Involvement. (4.02 H2) Within fifteen days of receipt of a complete application for a Notice of Construction the Authority shall determine whether public notice is required. , and if so it shall publish notice to the public of an opportunity to submit written comments during a thirty (30) day period The authority must follow the requirements of section 2.04 (pg. 2-xx).

3. Limitation of Review. (4.02 D) Any Notice of Construction review of a modification shall will be limited to the emission unit(s) or units proposed to be modified and the air contaminants pollutants whose emissions would increase as the result of the modification described in the NSR application after the completeness determination is made under subsection 4.02E.

4. Operation and Maintenance. (4.02 D) Any features, machines and devices constituting parts of or called for by plans, specifications or other information submitted pursuant to this section shall be maintained and operated in good working order. The owner or operator will operate and maintain the process and control apparatus subject to the NSR application according to the specifications of the manufacturer and subsection 3.00E (pg. 3-xx) to prevent avoidable emissions.

E. ADDITIONAL NSR APPLICATION REQUIREMENTS FOR STATIONARY SOURCES.

1. Time Limits.

a. Completeness Determination. (4.02B) Within thirty (30) days after the receipt of Notice of Construction the NSR application the authority shall must either notify the applicant in writing that additional information is necessary; or that the application is complete.

b. Additional Information is Needed. The Authority may require the submission of plans, specifications, and such other information as it deems necessary concerning the proposed construction, installation and establishment of such source. After the request for additional information, the applicant shall provide the requested information within 30 days; or within 15 days provide a date when the information will be available.

2. Cancellation of Application. An application that doesn't meet these time limits may be canceled. Any continuation shall require a new NSR application.

3. Withdrawal of Application. An applicant may withdraw an application at any time.

4. Action on Application. (4.02C) Within sixty (60) days of receipt by the authority of a complete Notice of Construction NSR application the authority shall must either:

a. Initiate public notice and comment on a proposed decision for those Notice of Construction application reviews subject to public notice and issue thereafter a final decision as promptly as possible projects qualifying under section 2.04 (pg. 2-xx); or

b. Issue a final decision on the application;

F. ADDITIONAL NSR APPLICATION REQUIREMENTS FOR TEMPORARY SOURCES.

1. Advance Notification. (4.02G) For Sources, such as asphalt batch plants, with multiple locations which are located temporarily at particular multiple sites, the owner or operator shall be permitted to relocate and operate at a temporary location without filing a notice of construction providing that after the owner or operator must provides the following notification to the authority of the intent to operate at the new location. This notification must be at least thirty (30) days prior to starting the operation.

2. Information Required. and The source must suppliesy sufficient information to enable the authority to determine that the operation will comply with:

a. The emission standards for a new source;

b. and The applicable ambient air standards; and

c. If in a non-attainment area, it will not interfere with scheduled attainment of ambient standards.

G. REQUIREMENTS FOR THE APPROVAL OF ALL NSR APPLICATIONS.

1. SEPA Compliance. No NSR application will be approved without complying with the SEPA (App. B) and public participation requirements in section 2.04 (pg. 2-xx).

2. Content. An approved NSR must include the following:

a. (4.02D2) Include A determination of whether that the operation of the new air contaminant source at the location proposed location will not cause any ambient air quality standard to be exceeded or cause a potential hazard to public health.

b. (4.02 D2) Include A determination that the proposed new source will comply with all applicable new source performance standards and National Emission Standards for Hazardous Air Pollutants federal, state, and authority laws and regulations. This includes the visibility protection requirements in nonattainment areas in 40 CFR 52.28.

c. (4.02E) A determination of which emission control devices will be used.

d. For an existing stationary source when the emission control technology is replaced or substantially altered, but does not constitute a major modification, Best Available Control technology (BACT) and Reasonable operation and maintenance conditions procedures for the process and control apparatus may be are required by the Authority.

e. Minor Sources in Nonattainment Areas. For New or modifications of minor sources (App. A) in nonattainment areas must use BACT (App. B) for all air pollutants. Best Available Control technology (BACT) will be employed, except that if.

f. Major Stationary Sources and Major Modifications (App. A) in Nonattainment Areas.

1) The new source is a major stationary source; or the proposed modification is a major modification it will achieve the LAER for the contaminants for which the area has been designated nonattainment. Must use LAER (App. B) for the pollutant(s) for which the area has been designated non-attainment; and

2) Must use BACT for all other pollutants.

g. New All Sources in Attainment or Unclassifiable Areas.

1) For new sources in attainment or nonclassifiable areas. Best Available Control technology (BACT) will be employed for all pollutants not previously emitted or whose emissions would increase as a result of the new source or modification must be used for all pollutants subject to a NSR.

2) Emissions from new or modified sources must not affect the attainment status or contribute to a NAAQS (App. B) violation in a downwind nonattainment area. This requirement is met if the emissions from the source do not exceed the threshold levels in table 4.02-2.

Table 4.02-2, Threshold Emission Levels for New or Modified Sources Upwind from Nonattainment Areas

7) A new or modified source requiring offsets shall not start operations before the emission reductions are achieved.

4. Equipment, Supplier, or Manufacturer Specification. (4.02 D) Nothing in this regulation shall be construed to interpreted as authorizing the Board authority to require the use of emission control apparatus or other equipment, machinery or devices of any particular type from any particular supplier or produced by any particular manufacturer. BACT, RACT, or LAER technology available from any manufacturer may be prescribed for installation and operation.

5. Absence of Rule or Order. (4.02 D) The absence of any ordinance, resolution, rule or regulation or the failure to issue an order pursuant to this section shall not relieve a person from his or her the obligation to comply with applicable emission control requirements or with any other provision of the law.

6. Appeals. Appeals of a NSR decision must follow the requirements of section 2.05 (pg. 2-xx).

H. ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF STATIONARY SOURCE NSR APPLICATIONS.

1. PSD Permitting. If the source is determined to be subject to PSD (App. B) permitting, the NSR approval shall be delayed until ecology or EFSEC (App. B) can issue a PSD permit.

2. Content of the Approval. An evaluation of the operational feasibility and economic viability of the proposed emission control devices.

3. Conditions. Review. (4.02 (D)(1)) Every order of approval of a NSR issued pursuant to this section shall must be reviewed prior to issuance by a licensed professional engineer in the employ of the authority or the Washington State Department of ecology.

4. Expiration of An Approval of a NSR. An approved NSR shall expire for the following reasons:

a. Construction is not begun within 12 months after the receipt of the approval of the NSR;

b. Construction is discontinued for 12 months or more; or

c. Construction is not completed within six months following the approved completion date.

5. Extension of An Approval of a NSR.

a. The source must apply for an extension at least 30 days prior to the expiration date.

b. The approval of an expired NSR is invalid, and the source must submit a new NSR application.

6. Notice of Completion. Notice of Violation. (4.02 F) The owner or applicant shall must notify the Board or Control Officer APCO in writing of the completion of construction, installation or establishment and the date upon which operation will commence within 30 days after the start of operations for the process and control apparatus on the NSR application.

7. Final Inspection. (4.02 F) Within thirty (30) days of receipt of notice of completion, the Board or Control Officer APCO may, inspect the construction, installation, or establishment the work approved by the NSR, and the Board or Control Officer may issue a Notice of Violation, NOV (App. B) if he finds that the construction, installation, or establishment the work is not in accordance with the plans, specifications or other information submitted to approved by the authority.

I. ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF TEMPORARY SOURCE NSR APPLICATIONS.

1. Limited Operation Time. The permission to operate shall must be for a limited period of time (one year or less).

2. Conditions of Operation. and The authority may set specific conditions for operation during said period which shall include a requirement to comply with all applicable emission standards.

3. Action on Application. Within 30 days of receipt by the authority of a complete application, the authority must issue a final decision on the application.

J. CHANGE OF CONDITIONS. The owner or operator of any source may request a change in a NSR approval order, and the authority may approve the request when:

1. Conditions for Approval.

a. The change of conditions will not cause the source to exceed an emissions standard;

b. No ambient air quality or PSD (App. B) increment will be exceeded by the change;

c. The change will not adversely affect the authority in determining compliance with an emission standard; and

d. The order approving the change shall continue to require BACT as defined at the time of the original approval except where FCAA (App. B) requires LAER.

2. Public Involvement. Shall follow the requirements of section 2.04 (pg. 2-xx).

3. Format for the Request. Unless approved by the authority, the request shall follow the requirements of subsections 4.02D, 4.02E, and/or 4.02F (pg. 4-xx).

K. FEES. Assessment. (4.02 I) Any person submitting a Notice of Construction pursuant to the terms of this Regulation shall be assessed a fee by the Authority in accordance with the fee schedule in Article XIII, Section 13.02 of this regulation. See current fee schedule.

4.03 NEW SOURCE REVIEW FOR TOXIC AIR POLLUTANTS. Reserved for later use.

4.04 AIR OPERATING PERMITS (AOP). (Chap. 173-401 WAC)

A. PURPOSE. (6.01) The Yakima County Clean Air Authority shall administer an air operating permit program upon approval of its delegation request, pursuant to Chapter 173-401 WAC. Under this program any air contaminant source subject to Chapter 173-401-300 WAC shall be required to have an air operating permit. (WAC 173-401-100) To reference the appropriate WAC citations and to define any additional requirements or changes to implement a local AOP (App. B) program in accordance with chap. 173-401 WAC.

B. APPLICABILITY. As defined in WAC 173-401-300.

C. REQUIREMENTS. When multiple federal, state, or local laws or regulations contain requirements for an AOP source, all laws and regulations apply.

D. DEFINITIONS. As defined in WAC 173-401-200. When a term is not defined in WAC 173-401-200 see app. A for the definition.

E. PERMIT APPLICATIONS. As defined in chap. 173-401 WAC, Part V.

F. PERMIT CONTENT. As defined in chap. 173-401 WAC, Part VI; and

1. Emissions Standards. As required in sections 3.01 (pg. 3-xx) and 3.02 (pg. 3-xx) and app. D (pg. D-1).

2. Monitoring, Recordkeeping, and Reporting. As required in section 3.11 (pg. 3-xx).

3. Terms and Conditions. As required in applicable local rules and this regulation.

4. Operation and Maintenance. As required in subsection 3.00E (pg. 3-xx).

5. Outdoor and Agricultural Burning. As required in section 3.03 (pg. 3-xx).

6. Compliance and Enforcement. As required in subsection 1.07A, article 5 (pg. 5-1), and section 2.05 (pg. 2-xx).

7. Appeals. As required in section 2.05 (pg. 2-xx).

8. Orders. Any relevant order issued by the authority, ecology, or EPA.

G. PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS. As defined in chap. 173-401 WAC, Part VII.

H. GENERAL PERMITS. As defined in chap. 173-401 WAC, Part VIII.

I. PUBLIC INVOLVEMENT. As defined in chap. 173-401 WAC, Part IX and section 2.04 (pg. 2-xx) of this regulation.

J. FEES. (6.02) Pursuant to RCW 70.94.161(14), the Authority shall allocate its fiscal 1994 air operating permit program development costs among the sources under its jurisdiction emitting one hundred tons or more per year of a regulated pollutant during calendar year 1992 and shall collect interim fees from these sources. Interim air operating permit fees collected by the Authority on behalf of the Department of Ecology shall be remitted to the Department by March 1, 1994.

Pursuant to RCW 70.94, (Bill 1089), the Authority shall determine, assess, and collect annual fees sufficient to cover the Authority's direct and indirect costs of implementing its air operating permit program.

Upon receiving delegation authority, air operating permit fees collected by the Authority on behalf of the Department of Ecology shall be collected from each source in two equal payments and shall be remitted to the Department by March 1 and June 30, respectively, of each year. All air operating permit fees collected by the Authority on its own behalf shall be deposited into an air operating permit account dedicated exclusively to the support of its Air Operating Permit Program. The payment schedule for all air operating permit fees collected by the Authority on its own behalf shall be four equal payments with each payment due at the beginning of the respective fiscal quarter. The fiscal year for the Authority begins July First.

All air operating permit fees collected by the Authority on behalf of itself shall be calculated according to Article XIII, Section 13.05 of this regulation.

1. As defined by chap. 173-401 WAC, Part X; and

2. Section 2.02 (pg. 2-xx) and current fee schedule.

4.05 VOLUNTARY LIMITS ON EMISSIONS. (New Section) (WAC 173-400-091)

A. PURPOSE. To establish a rule for any source who desires to voluntarily limit the potential to emit prescribed pollutants.

B. APPLICABILITY. Any source which volunteers to reduce the potential to emit to levels established by a regulatory order.

1. Synthetic Minor (SM) Status. This is available as an alternative to an AOP (App. B) if the source limits the potential to emit below the following levels:

a. 100 TPY (App. B) of criteria pollutants (App. A) from all point sources at the facility; or

b. 10 TPY of one HAP (App. A) listed in app. L from all point and/or fugitive sources; or

c. 25 TPY of two or more HAPs from all point and/or fugitive sources.

2. All Other Sources. The source does not reduce the potential to emit below the levels in subsection 4.05B1 (pg. 4-xx).

C. CONDITIONS OF THE REGULATORY ORDER.

1. Limits the potential to emit any air pollutant to below voluntary and agreed levels.

2. The new limit for the potential to emit shall be < the annual emissions in subsection 4.05B1 or any standard under WCAA (App. B), FCAA (App. B), or the SIP (App. B).

3. Shall require sufficient monitoring, record keeping, and reporting as defined in section 3.11 (pg. 3-xx) to assure continuous compliance with applicable requirements, including emissions limitations set by a regulatory order (App. A).

4. Shall be federally enforceable.

5. Shall require a revision or revocation of the order for any proposed deviation.

D. ADMINISTRATIVE PROCEDURES.

1. Public participation in the permitting is defined in section 2.04 (pg. 2-xx).

2. The conditions of the order or decision to grant or deny SM status may be appealed as defined in section 2.05 (pg. 2-xx).

E. FEES. See current fee schedule.

4.06 EMISSION REDUCTION CREDITS AND BANKING. Reserved for later use.

4.07 ADMINISTRATIVE PERMITS. (New Section)

A. PURPOSE. To control emissions from sources, groups of sources, or activities which are not subjected to some other form of control.

B. APPLICABILITY. Any lawful activity or source subject to WCAA (App. B) within the jurisdiction of the authority. This section does not apply to any source or activity subject to any of the following actions required in other sections:

1. Orders of approval;

2. Individual permits; or

3. General rule permits.

C. DURATION.

1. The permit expires one year after issuance; or

2. When the board adopts a rule or issues an order to replace the permit.

D. REQUIREMENTS.

1. The permit requirements shall be as effective in controlling emissions as any other similar permit issued by the authority.

2. The APCO may use any lawful permit condition to control a source or activity permitted by this section.

3. Failure to comply with the requirements of this section voids the permit.

E. AMENDMENT OF THE PERMIT. If additional requirements are needed to prevent air pollution and/or protect property, health, safety, and comfort of persons from the effects of the permitted activity; the authority shall amend the permit. When an amendment is made, the authority must notify the responsible person of the limitations, and any requirement imposed will become a condition of the permit.

F. FEES. As set by the current fee schedule.

ARTICLE 5 - COMPLIANCE AND ENFORCEMENT

5.00 GENERAL INFORMATION. (New Section)

A. PURPOSE. To establish the general compliance and enforcement procedures.

B. APPLICABILITY. Applies to all sources regulated by the authority or any violation of this regulation, any applicable law, or any permit, order or condition of approval issued by the authority.

C. INVESTIGATION. The authority will conduct investigations for the purpose of determining compliance with this regulation, any of the laws or regulations enforced by the authority, any permit issued by the authority, any order issued by the authority, or any condition of approval issued by the authority.

D. WRITTEN NOTICES.

1. The authority will serve a written notice to any person that has caused or allowed an alleged violation of this regulation, any applicable law, or any permit, order or condition of approval issued by the authority.

2. See subsection 3.01C3a3) (pg. 3-xx) for a NOV (App. B) for agricultural odors.

5.01 ADDITIONAL OR ALTERNATIVE ENFORCEMENT ACTIONS

A. PURPOSE. To describe other provisions to use with or in addition to civil or criminal penalties to avoid a violation or gain compliance.

B. APPLICABILITY. This section applies to any person found to be in violation of this regulation, any applicable law, or any permit, order or condition of approval issued by the authority. This section also applies to any situation where an imminent health threat exists.

C. CORRECTIVE ACTION ORDER. The authority may issue a corrective action order that describes the actions necessary to correct or avoid a violation. The order may be included as part of a written notice or issued as a separate document.

D. PROHIBITORY ORDER. The authority may issue a prohibitory order for the purpose of protecting human health or safety. The order will prohibit specific actions from being taken at a specific location.

E. INJUNCTIVE RELIEF. SECTION 8.04 - RESTRAINING ORDER - INJUNCTIONS. Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of theseis regulations or order issued thereunder, the Board, APCO (App. B) after providing notice to such person and an opportunity to comply, may petition the superior court of the county wherein the violation is alleged to be occurring or to have occurred for a restraining order, or a temporary or permanent injunction or other appropriate order.

F. ASSURANCE OF DISCONTINUANCE. SECTION 8.03 - ASSURANCE OF DISCONTINUANCE. As an additional means of enforcing these regulations, the APCO Board may accept an assurance of discontinuance of any act or practice deemed in violation of this regulation., from any person engaging in, or who has engaged in, such act or practice. Any such The assurance must shall specify a time limit during which such the discontinuance is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of these regulation, or order issued pursuant hereto, which make the alleged act or practice unlawful for the purpose of securing any injunction or other relief from the Superior Court as provided in RCW 70.94.425.

5.02 PENALTY FOR VIOLATION PENALTIES (8.01)

A. PURPOSE. To describe the provisions for assessing penalties for violations.

B. APPLICABILITY. This section applies to any person found to be in violation of this regulation, any applicable law, or any permit, order or condition of approval issued by the authority.

C. CRIMINAL PENALTIES. Shall be imposed in accordance to Chap. 70.94 RCW.

1. (8.01A) Any person who knowingly violates any of the provisions of these regulations or any ordinance, resolution, statute or regulation in force pursuant thereto shall be guilty of a crime and upon conviction thereof shall be punished by a fine of not more than Ten Thousand Dollars ($10,000) or by imprisonment in the county jail for not more than one (1) year, or both.

2. (8.01B) Any person who negligently releases into the ambient air any substance listed by the Department of Ecology or as a hazardous air pollutant other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000) or by imprisonment for not more than one (1) year, or both.

3. (8.01C) Any person who knowingly releases into the ambient air any substance listed by the Department of ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction, be punished by a fine of not more than Fifty Thousand Dollars ($50,000) or by imprisonment for not more than five (5) years, or both.

4. (8.01D) Any person who knowingly fails to disclose a potential conflict of interest under RCW 70.94.100 shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Thousand Dollars ($5,000).

D. CIVIL PENALTIES. SECTION 8.02 - ADDITIONAL OR ALTERNATIVE PENALTIES

1. General Civil Penalty. (8.02A) In addition to or as an alternate to any other penalty provided by law, any person who violates the provisions of Chap. 70.94 RCW, Chapter 70.120 RCW, or any other of the rules or and regulations, the Yakima County Clean Air authority may enforce under the RCW (App. B) a civil penalty in an amount not to exceed Ten Thousand Dollars ($12,000) per day for each violation. Each such violation shall be a separate and distinct event, and, in the case of a continuing violation, each days continuance day shall be a separate and distinct violation.

2. Penalty for Failure to Comply with an Order. Any person who fails to take action as specified by an order issued under this Chapter article shall be liable for a civil penalty of not more than Ten Thousand Dollars ($12,000) per day for each day of continued noncompliance.

E. INTEREST ON PENALTIES. (8.02B) Penalties incurred but not paid shall accrue interest beginning on the ninety-first (91st) day following the date that the penalty becomes due and payable at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed interest shall not begin to accrue until the thirty-first (31st) day following the final resolution of the appeal.

F. AIDING OR ABETTING. (8.02C) Each act of commission or omission which procures, aids or abets the a violation described herein shall be considered a separate violation under the provisions of this section and subject to the same penalty. The penalties provided in this section shall be imposed pursuant to RCW 43.12(B).300.

G. UNDER-REPORTING. (8.02D) In addition to the other penalties provided above, any person knowingly under-reporting emissions or other information used to set fees or persons required to pay emissions or permit fees who are more than ninety (90) days late with such payments may be subject to a penalty equal to three (3) times the amount of the original fee owed.

H. DISBURSEMENT. (8.02E) All penalties recovered under this section by the authority shall be paid into the treasury of the authority and rendered into its funds.

F. In addition to the other provisions of this Section, a specific Civil Penalty may be imposed in violation of other Sections of this Regulation in accordance to the following schedule: (see page 8-3)

I. WITHHOLDING GRANTS. (8.02G) Public or private entities that are recipients or potential recipients of department grants from the authority, whether for air quality related activities or not, may have such the grants rescinded or withheld by the department authority for failure to comply with provisions of this chapter regulation.

J. PENALTY DETERMINATION. Civil Penalty Schedule. (8.02)

Section Violated
Civil Penalty per Written Notices Issued	First	Second*	Third*	Subsequent
SECTION 2.03 - Miscellaneous Provisions	$100 to $1,000	$2,000 to $3,000	go to Subsequent	Up to $10,000
SECTION 4.01 - Registration	$50 to $500	$1,000 to $3,000	go to Subsequent	Up to $10,000
SECTION 4.02 - Notice of Construction	$50 to $500	$1,000 to $3,000	go to Subsequent	Up to $10,000
SECTION 5.01 - Outdoor Burning	Warning to $25	$25 to $50	$50 to $100	Up to $10,000
SECTION 5.02 - Regulations Applicable to All Outdoor Burning	$25 to $500	Up to $1,000	Up to $2,000	Up to $10,000
SECTION 5.03 - Regulations Applicable to All Outdoor Burning within the Jurisdiction of the YCCAA, Local Cities, Towns, Fire Protection Districts and Conservation Districts	Warning to $25	$25 to $50	$50 to $100	Up to $10,000
SECTION 5.04 - Regulations Applicable to Permits Issued by YCCAA for All Other Outdoor Burning	$25 to $500	Up to $1,000	Up to $2,000	Up to $10,000
SECTION 5.05 - Additional Restrictions on Outdoor Burning	$25 to $500	Up to $1,000	Up to $2,000	Up to $10,000
SECTION 5.06 - General Standards for Maximum Permissible Emissions	$50 to $500 or Warning to $25	Up to $1,000 or $25 to $50	Up to $2,000 or $50 to $100	Up to $10,000
SECTION 5.07 - Minimum Emission Standards for Combustion and Incineration Sources	$50 to $500	Up to $1,000	Up to $2,000	Up to $10,000
SECTION 5.09 - Minimum Standards or Procedures for Certain Source Categories	$50 to $500 or Warning to $25	Up to $1,000 or $25 to $50	Up to $2,000 or $50 to $100	Up to $10,000
SECTION 5.12 - Preventive Measures	$50 to $500	Up to $1,000	Up to $2,000	Up to $10,000
ARTICLE IX - Woodstoves and Fireplaces	$50 to $500 or Warning to $25	Up to $1,000 or $25 to $50	Up to $2,000 or $50 to $100	Up to $10,000

* Civil Penalty suspended from the previous Written Notice may be added.

1. Evaluation Criteria. The following criteria shall be used to evaluate a violation prior to assessing a penalty:

a. Gravity of the violation;

b. Economic benefit gained by the violator;

c. Authority expenses for investigating, notifying, and processing the documents for the violation; and

d. When requested, the costs incurred by a fire department (App. A) to respond or suppress an illegal outdoor or agricultural fire.

2. Documentation. The APCO shall prepare and the board approve a policy and worksheets to implement the penalty determinations.

This appendix contains a list of definitions for words and phrases used in more than one section of the regulation. Defined words or phrases are identified with "(App. A)" in the text. The source of the definition is identified in italics.

Actual Emissions (WAC 173-400-030(1)) - The actual rate of emissions of a pollutant from an emission unit, as determined in accordance with (a) through (c) of this subsection by:

1. In general, actual emissions as of a particular date shall equal the average rate, in tons per year TPY (App. B), at which the emissions unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. Ecology or an the authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

2. Ecology or an the authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.

3. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the emissions unit on that date.

Adequate Source of Heat (WAC 173-433-030(1)) - The ability to maintain 70 degrees °Fahrenheit (App. B) at a point three (3) feet above the floor in all normally inhabited areas of the dwelling.

Adverse Impact on Visibility (WAC 173-400-030(2)) -Visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case by case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairment, and how these factors correlate with (a) times of visitor use of the Federal Class I area, and (b) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas. These areas are listed in the definition for Class I Areas.

Agricultural Activity (RCW 70.94.640 (5)(a)) - The growing, raising, or production of horticultural or viticultural crops, berries, poultry, livestock, grain, mint, hay, and dairy products. This definition applies only to subsection 3.01C3.

Agricultural Burning (WAC 173-430-030(1)) - The burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, or where identified as a best management practice by the agricultural burning practices and research task force established in RCW 70.94.650 or other authoritative source on agricultural practices.

Agricultural Land (RCW 70.94.640 (5)(c)) - At least five acres of land devoted primarily to the commercial production of livestock or agricultural commodities. This definition applies only to subsection 3.01C3.

Agricultural Operation - The growing of crops, the raising of fowl, animals or bees as a gainful occupation. (WAC 173-430-030(2)) - A farmer who can substantiate that the operation is commercial agriculture by showing the most recent year's IRS (App. B) schedule F form or proof that the land is designated in a classification for agricultural use. It also includes burning conducted by irrigation district or drainage district personnel as part of water system management.

Ag Task Force (WAC 173-430-030(3)) - The state agricultural burning practices and research task force.

Air Contaminant (WAC 173-400-030(3)) - Dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. "Air pollutant" means the same as "air contaminant".

Air Pollution (WAC 173-400-030(4)) - The presence in the outdoor atmosphere of one or more contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property. For the purpose of this regulation, air pollution shall not include air contaminants emitted in compliance with Chapter 17.21 RCW (App. B), the WA Pesticide Application Act, which regulates the application and control of various pesticides.

Air Pollution Episode - A period of impaired air quality as determined by the Director of the Yakima County Clean Air authority, or the Washington State Department of ecology. A period when a forecast, alert, warning, or emergency air pollution stage is declared, as stated in chap. 173-435 WAC.

Allowable Emissions (WAC 173-400-030(5)) - The emission rate of a stationary source calculated using the maximum rated capacity of the stationary source (unless the stationary source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

1. The applicable standards as set forth in 40 CFR Part 60 or 61 (App. B);

2. Any applicable state implementation plan SIP (App. B) emissions limitation including those with a future compliance date; or

3. The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

Ambient Air (WAC 173-400-030(6)) - The surrounding outside air.

Ambient Air Quality Standard (WAC 173-400-030(7)) - An established concentration, exposure time, and frequency of occurrence of air contaminant(s) in the ambient air which shall not be exceeded.

Authority - The Yakima Regional Clean Air Authority.

Best Available Control Technology (BACT) (WAC 173-400-030(10)) - The term as defined in WAC 173-400. An emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under chap.ter 70.94 RCW (App. B) emitted from or which results from any new or modified stationary source, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for the control of each such pollutant. In no event shall application of the BACT (App. B) result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 61 (App. B), as they exist on March 1, 1996, or their later enactments as adopted by reference by the ecology. Emissions from any source utilizing clean fuels, or any other means, to comply with this definition shall not be allowed to increase above levels that would have been required under the definition of BACT in FCAA (App. B) as it existed prior to enactment of the FCAA Amendments of 1990.

Best Management Practice (BMP) (WAC 173-430-030(4)) - The criteria established by the state ag task force.

Board - The Board of Directors of the Yakima Regional Clean Air Authority.

Boilers (40 CFR 60.531) - A solid fuel burning appliance used primarily for heating spaces, other than the space where the appliance is located, by the distribution through pipes of a gas or fluid heated in the appliance. The appliance must be tested and listed as a boiler under accepted American or Canadian safety testing codes. A manufacturer may request an exemption in writing from EPA by stating why the testing and listing requirement is not practicable and by demonstrating that his appliance is otherwise a boiler.

Bubble (WAC 173-400-030(12)) - A set of emission limits which allows an increase in emissions form a given emission(s) unit(s) in exchange for a decrease in emissions from another emissions unit(s) pursuant to RCW 70.94.155 and WAC 173-400-120.

Burn Bans - Periods when ecology or the authority determine air contaminant levels are approaching or have reached a level which is harmful to public health or safety. Outdoor burning, agricultural burning, and burning with wood or coal heaters are severely curtailed during these periods.

Ceremonial Fires - Fires necessary for Native American ceremonies (i.e. conducted by and for Native Americans) if part of a religious ritual.

Class I Area (WAC 173-400-030(14)) - Any area designated under §§ 162 or 164 of FCAA (App. B) as a class I area. The following areas are the class I areas in Washington state;

1. Alpine Lakes Wilderness Area;

2. Glacier Peak Wilderness Area;

3. Goat Rock Wilderness Area;

4. Mount Adams Wilderness Area;

5. Mount Rainier National Park;

6. North Cascades National Park;

7. Olympic National Park;

8. Pasayten Wilderness Area; and

9. Spokane Indian Reservation.

Combustible Refuse - Any burnable waste material containing carbon in a free or combined state other than liquid or gasses.

Combustion and Incineration Sources (WAC 173-400-030(15)) -Units using combustion for waste disposal, steam production, chemical recovery or other process requirements; but excludes open outdoor burning.

Commenced Construction (WAC 173-400-030(16)) - The owner or operator has all the necessary preconstruction approvals or permits and either has:

1. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

2. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

Concealment (WAC 173-400-030(17)) - Any action taken to reduce the observed or measured concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharged.

Construction/Demolition Debris - All material resulting from the construction, renovation, or demolition of buildings, roads, and other man-made structures.

Control Apparatus - Any device which prevents or controls the emission of any air contaminant.

Control Officer - The Air Pollution Control Officer of the Yakima Regional Clean Air Authority, or his duly authorized agents.

Corrective Action Order - An order issued by the authority for the purpose of causing a person to be in compliance with cited authority, state, or federal laws and regulations. The order will specify actions to be taken within a specific time.

Criteria Pollutant (WAC 173-420-040) - Air pollutants for which a NAAQS (App. B) has been promulgated under FCAA (App. B) (40 CFR Part 50) and their precursors.

Daylight Hours - 30 minutes before and 30 minutes after the published sunrise and sunset times in a newspaper of general circulation in the area.

De Minimis - The minimum threshold levels that exempts sources or source categories from complying with specific requirements.

DEQ Phase 2 Woodstove (WAC 173-433-150 (1)(c)) - A woodstove meeting the "Oregon Department of Environmental Quality Phase 2" emissions standards contained in Subsections (2) and (3) of Section 340-21-115, and certified in accordance with "Oregon Administrative Rules, Chapter 340, Division 21 - Woodstove Certification" dated November 1984.

Director - Executive Director and Control Officer.

Eight Hours (WAC 173-435-020(5)) - Any consecutive eight hours starting at any clock hour.

Emission (WAC 173-400-030(21)) - A release of air contaminants into the ambient air.

Emission Reduction Credit (ERC) (WAC 173-400-030(22))- A credit granted pursuant to under WAC 173-400-131. This is a voluntary reduction in emissions.

Emission Standards - A limitation on the release of a contaminant or multiple contaminants into the ambient air. (WAC 173-400-030(23)) A requirement established under FCAA (App. B) or WCAA (App. B) which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction and any design, equipment work practice, or operational standard promulgated under FCAA or WCAA.

Emissions Unit (WAC 173-400-030(24)) - Any part of a stationary source or source which emits or would have the potential to emit any pollutant subject to regulation under the FCAA (App. B), chap.ter 70.94 or 70.98 RCW (App. B).

EPA Certified Woodstove (WAC 173-433-030(2)) - A woodstove that meets the emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by the EPA (App. B) under 40 CFR Part 60, Subpart AAA (App. B) - Standards of Performance for Residential Wood Heaters as amended through July 1, 1990.