Date of Adoption: March 9, 2000.

Purpose: To amend sections of the NWAPA Regulation to clarify requirements for sources emitting odorous compounds and for portable temporary sources. Require small, new, or modified NSPS or NESHAP sources to complete new source review.

Citation of Existing Rules Affected by this Order: Amendatory sections: 300.2 Requires new or modified air pollution sources that trigger New Source Performance Standards (NSPS) or National Emission Standards for Hazardous Air Pollutants (NESHAP) to undergo new source review even when emissions are less than the pollutant thresholds listed in this section.

301.8 Clarify requirements for portable temporary sources. Shorten intent to operate notification from thirty to fifteen days. Equipment placed on site for emergency purposes can notify after the fact.

530 Excludes odorous emissions from this general nuisance provision. Control of odorous emissions and their subsequent nuisance impacts are specifically addressed in section 535.

535 Clarify requirements for the control of odorous emissions and their nuisance impacts.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 00-04-049 on January 28, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 14, 2000

James B. Randles

Director

SECTION 300 - NEW SOURCE REVIEW

300.1 It shall be unlawful for any person to cause or allow the construction, installation, establishment, or modification of an air contaminant source or emission unit, except those sources that are excluded in Section 300.((2))3, unless a "Notice of Construction and Application for Approval" has been filed with and approved by the Authority.

300.2 Notwithstanding any other subsection of this section, a notice of construction application must be filed and an order of approval issued by the Authority prior to establishment of any of the following new sources:

(a) Any project that qualifies as construction, reconstruction or modification of an affected facility, within the meaning of 40 CFR Part 60 (New Source Performance Standards) (except Part AAA, Wood stoves);

(b) 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);

(c) Any project that qualifies as a new source within the meaning of 40 CFR 63.2.

300.((2))3 Except when part of a new major source or major modification in a nonattainment area, the following air contaminant sources do not need to submit a "Notice of Construction and Application for Approval" approved by the Authority prior to construction, installation, establishment, or modification:

300.((3))4 Each "Notice of Construction and Application for Approval" shall be submitted on forms provided by the Authority and shall be accompanied by a set of plans that fully describes the proposed source, the means for prevention or control of the emissions of air contaminants, the appropriate fee as required by Section 324.2, and any additional information required by the Board or Control Officer to demonstrate that the proposed source will meet the requirements of Section 301.

300.((4))5 A "Notice of Construction and Application for Approval" is incomplete until the Authority has received a fee as shown in Section 324.2.

300.((5))6 Within 30 days of receipt of a "Notice of Construction and Application for Approval", the Authority shall notify the applicant in writing if any additional information is necessary to complete the application.

300.((6))7 The Authority shall provide public notice prior to approval or denial of a Notice of Construction if a new or modified source will result in a significant emissions increase. The public notice shall provide for a thirty-day period to receive written comments. No final decision will be made on any "Notice of Construction and Application for Approval" until the comment period has ended and all comments have been considered.

300.((7))8 The applicant, any interested governmental entity, any group, or any person may request a public hearing within the 30-day public notice period published as provided above. Any such request shall indicate the interest of the entity filing it and why a hearing is warranted. The Authority may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held upon such notice and at a time and place as the Authority deems reasonable. The Authority shall provide at least 30 days prior notice of any hearing.

300.((8))9 Control technology determinations issued pursuant to Title 40 Code of Federal Regulations part 63 subpart B shall be administered in accordance with procedures specified therein.

300.((9))10 A completed State Environmental Policy Act Guidelines "Environmental Checklist" shall be submitted on forms provided by the Authority in accordance with Chapter 197-10-365 WAC and Section 312 of this regulation, as part of the required "Notice of Construction and Application for Approval".

PASSED: November 12, 1998 Amended: November 12, 1999, March 9, 2000

AMENDATORY SECTION

SECTION 301 - ORDER OF APPROVAL - ORDER TO PREVENT CONSTRUCTION

((301.8 Portable Sources. For portable sources which locate temporarily at particular sites, the owner(s) or operator(s) shall be allowed to operate at the temporary location without filing a notice of construction application, providing that the owner(s) or operator(s) notifies the Authority of intent to operate at the new location at least 30 days prior to starting the operation, and supplies sufficient information to enable the Authority to determine that the operation will comply with the emission standards for a new source, and will not cause a violation of applicable ambient air quality standards and, if in a nonattainment area, will not interfere with the scheduled attainment of ambient standards. The permission to operate shall be for a limited period of time (90 days or less) and the Authority may set specific conditions for operation during that period. A temporary source shall be required to comply with all applicable emission standards.))

301.8 Portable Sources. For portable sources not exempted under 300.3, which locate temporarily at particular sites within the Authority's jurisdiction, the owner(s) or operator(s) shall be allowed to operate at the temporary location without filing a notice of construction application, providing:

a) The owner(s) or operator(s) notifies the Authority of the intent to operate within the jurisdiction of the Authority at least 15 days prior to starting operation. Advanced notification may be waived by the Control Officer. Notification can be made after-the-fact for equipment utilized for emergency purposes, and

b) The owner(s) or operator(s) supplies sufficient information to enable the Authority to determine that the operation will comply with all applicable air pollution rules and regulations, and

c) The operation will not cause a violation of ambient air quality standards, and,

d) If the operation is in a nonattainment area, it shall not interfere with the scheduled attainment of ambient standards.

e) Permission to operate shall not exceed 90 days in any calendar year and the Authority may set specific conditions for operating during that time period.

f) All asphalt and soil desorption plants shall have a valid Order of Approval to Construct from an air quality permitting organization in the State of Washington.

g) Portable sources shall comply with all applicable air pollution rules and regulations.

h) Based on source type and emission quantity portable sources may be subject to new source review at the discretion of the Control Officer.

PASSED: November 12, 1998

Amended: March 9, 2000

AMENDATORY SECTION

SECTION 530 – GENERAL NUISANCE

530.1 No person shall discharge from any source quantities of air contaminants, with the exception of odors as addressed in Section 535, in sufficient amounts and of such characteristics and duration as is likely to be injurious or cause damage to human health, plant or animal life, or property; or which unreasonably interferes with enjoyment of life and property.

PASSED: December 4, 1970

Amended: April 14, 1993, March 13, 1997, March 9, 2000

AMENDATORY SECTION

SECTION 535 - ODOR CONTROL MEASURES

535.1 ((Best available control technology)) Appropriate practices and control equipment shall be installed and operated to reduce odor-bearing gasses ((or particulate matter)) emitted into the atmosphere to a reasonable minimum.

535.2 The Board or Control Officer may establish ((reasonable)) requirements that the building or equipment be ((closed)) enclosed and ventilated in such a way that ((all the air, gases and particulate matter)) odor-bearing gasses are effectively treated for removal or destruction of odorous matter or other air contaminants before emission to the atmosphere.

535.3 ((No)) Any person who shall cause or allow ((discharge or permit the discharge into the ambient air)) the generation of any odor ((odorous substances such as (but not limited to) hydrogen sulfide, mercaptans, organic sulfides and other aromatic and aliphatic compounds in)) from any source which may unreasonably interfere ((in such concentrations or of such duration as will threaten health or safety of any person or unreasonably interfere with the use and enjoyment of property)) with any other property owner's use and enjoyment of his or her property must use recognized best practices and control equipment to reduce these odors to a reasonable minimum.

535.4 Odor emissions detrimental to persons or property. No person shall cause or permit the emission of any odorus air contaminant from any source if it is detrimental to the health, safety, or welfare of any person, or causes damage to property or business.

Passed: January 8, 1969

Amended: April 14, 1993, March 13, 1997, March 9, 2000

© Washington State Code Reviser's Office