WASHINGTON STATE REGISTER

WSR 00-24-084

PROPOSED RULES

SOUTHWEST

CLEAN AIR AGENCY

[ Filed December 5, 2000, 10:54 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-17-022.

Title of Rule: SWCAA 400 General Regulations for Air Pollution Sources.

Purpose: These rules provide for adoption of federal new source performance standards, establishment of an emission reduction bank and program, PSD, visibility protection, administrative activities of the agency and Visual Opacity Determination Method.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: RCW 70.94.141.

Summary: The changes proposed in this rule are administrative in nature. The rule is being revised to reflect a name change for the agency. SWCAA is updating adoption of existing new source performance standards and providing administrative clarifications.

Reasons Supporting Proposal: The name of the agency was changed July 6, 2000, from the Southwest Air Pollution Control Authority (SWAPCA) to the Southwest Clean Air Agency (SWCAA).

Name of Agency Personnel Responsible for Drafting and Implementation: Paul Mairose, 1308 N.E. 134th Street, Vancouver, WA, (360) 574-3058; and Enforcement: Robert D. Elliott, 1308 N.E. 134th Street, Vancouver, WA, (360) 574-3058.

Name of Proponent: Southwest Clean Air Agency, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This is an existing rule. Only administrative type changes are being proposed. There will be no effect on the public or regulated businesses as a result of these changes.

Proposal Changes the Following Existing Rules: Titles and rule numbers that include the agency name are being changed to reflect the name of the agency.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes proposed by SWCAA are consistent with federal and state rules already in effect. This agency is not subject to the small business economic impact provisions of chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. SWCAA is not voluntarily invoking section 201, chapter 403, Laws of 1995.

Hearing Location: Office of SWCAA, 1308 N.E. 134th Street, Vancouver, WA 98685, on February 1, 2001, at 3:00 p.m.

Assistance for Persons with Disabilities: Contact Mary Allen by January 26, 2001, TDD (360) 574-3058.

Submit Written Comments to: Paul Mairose, 1308 N.E. 134th Street, Vancouver, WA 98685, fax (360) 574-3058, by January 19, 2001.

Date of Intended Adoption: February 1, 2001.

December 4, 2000

Robert D. Elliott

Executive Director

AMENDATORY SECTION (Amending WSR 99-07-028, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-115 Standards of Performance for New Sources

[Statutory Authority: Chapter 70.94.141 RCW. Originally adopted by Board 12/18/79; Amended by Board 4/17/84 (renumbered to 400-135); Amended by Board 12/16/86; 93-16-007 filed 7/22/93, effective 8/22/93; 95-17-084 filed 8/21/95, effective 9/21/95; 99-07-028 filed 3/10/99, effective 4/11/99]

Title 40, Code of Federal Regulations, Part 60 (Standards of Performance for New Sources), as in effect on ((~~August~~)) July 1, ((~~1998~~)) 2000, is adopted by reference except for sections 60.5 (Determination of Construction or Modification) and 60.6 (Review of Plans). The term "Administrator" in 40 CFR Part 60 shall mean the Administrator of EPA, the Director of Ecology and the Control Officer of the ((~~Authority~~)) Agency.

As of ((~~August~~)) July 1, ((~~1998~~)) 2000, the federal regulations adopted by reference hereby set standards of performance affecting facilities for the following described subparts of 40 CFR Part 60:

Subpart D Fossil fuel-fired steam generators for which construction commenced after August 17, 1971, and prior to September 19, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts (ref. 40 CFR 60.40 et seq.)

Subpart Da Electric utility steam generating units for which construction commenced after September 18, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts (ref. 40 CFR 60.40a et seq.)

Subpart Db Industrial-commercial-institutional steam generating units for which construction commenced after June 19, 1984, and prior to June 19, 1986, which have a heat input greater than 29 megawatts but less than 73 megawatts (ref. 40 CFR 60.40b et seq.)

Subpart Dc Small industrial-commercial-institutional steam generating units (ref. 40 CFR 60.40c et seq.)

Subpart E Incinerators (ref. 40 CFR 60.50 et seq.)

Subpart Ea Municipal waste combustors for which construction commenced after December 20, 1989 and on or before September 20, 1994 (ref. 40 CFR 60.50a et seq.)

Subpart Eb Large Municipal waste combustors for which construction is commenced after September 20, 1994 or for which Modification of reconstruction is commenced after June 19, 1996 (ref. 40 CFR 60.50b et seq.)

Subpart Ec Hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996 (ref. 40 CFR 60.50c et seq.)

Subpart F Portland cement plants (ref. 40 CFR 60.60 et seq.)

Subpart G Nitric acid plants (ref. 40 CFR 60.70 et seq.)

Subpart H Sulfuric acid plants (ref. 40 CFR 60.80 et seq.)

Subpart I Hotmix asphalt facilities ((~~concrete plants~~)) (ref. 40 CFR 60.90 et seq.)

Subpart J Petroleum refineries which produce less than 25,000 barrels per day of refined products (ref. 40 CFR 60.100 et seq.)

Subpart K Storage vessels for petroleum liquid constructed after June 11, 1973, and prior to May 19, 1978, which have a capacity greater than 40,000 gallons (ref. 40 CFR 60.110 et seq.)

Subpart Ka Storage vessels for petroleum liquids for which constructedion, reconstruction or modification commenced after May 18, 1978, and prior to July 23, 1984 ((~~which~~)) ~~have a capacity greater than 40,000 gallons~~ (ref. 40 CFR 60.110a et seq.)

Subpart Kb Volatile organic liquid storage vessels (including petroleum liquid storage vessels) constructed, reconstructed, or modified after July 23, 1984 (ref. 40 CFR 60.110b et seq.)

Subpart L Secondary lead smelters (ref. 40 CFR 60.120 et seq.)

Subpart M Brass and bronze ingot production plants (ref. 40 CFR 60.130 et seq.)

Subpart N Iron and steel plants (ref. 40 CFR 60.140 et seq.)

Subpart O Sewage treatment plants (ref. 40 CFR 60.150 et seq.)

Subpart P Primary copper smelters (ref. 40 CFR 60.160 et seq.)

Subpart Q Primary zinc smelters (ref. 40 CFR 60.170 et seq.)

Subpart R Primary lead smelters (ref. 40 CFR 60.180 et seq.)

Subpart S Primary aluminum reduction plants (ref. 40 CFR 60.190 et seq.)

Subpart T Phosphate fertilizer industry: Wet process phosphoric acid plants (ref. 40 CFR 60.200 et seq.)

Subpart U Phosphate fertilizer industry: Superphosphoric acid plants (ref. 40 CFR 60.210 et seq.)

Subpart V Phosphate fertilizer industry: Diammonium phosphate plants (ref. 40 CFR 60.220 et seq.)

Subpart W Phosphate fertilizer industry: Triple superphosphate plants (ref. 40 CFR 60.230 et seq.)

Subpart X Phosphate fertilizer industry: Granular triple superphosphate storage facilities (ref. 40 CFR 60.240 et seq.)

Subpart Y Coal preparation plants (ref. 40 CFR 60.250 et seq.)

Subpart Z Ferroalloy production facilities (ref. 40 CFR 60.260 et seq.)

Subpart AA Steel plants: Electric arc furnaces (ref. 40 CFR 60.270 et seq.)

Subpart AAa Steel plants: Electric arc furnaces and argon-oxygen decarburization vessels (ref. 40 CFR 60.270a et seq.)

Subpart BB Kraft pulp mills (ref. 40 CFR 60.280 et seq.)

Subpart CC Glass manufacturing plants (ref. 40 CFR 60.290 et seq.)

Subpart DD Grain elevators (ref. 40 CFR 60.300 et seq.)

Subpart EE Industrial surface coating: metal furniture (ref. 40 CFR 60.310 et seq.)

Subpart GG Stationary gas turbines (ref. 40 CFR 60.330 et seq.)

Subpart HH Lime manufacturing plants (ref. 40 CFR 60.340 et seq.)

Subpart KK Lead-acid battery plants (ref. 40 CFR 60.370 et seq.)

Subpart LL Metallic mineral processing plants (ref. 40 CFR 60.380 et seq.)

Subpart MM Automobile and light duty truck surface coating operations (ref. 40 CFR 60.390 et seq.)

Subpart NN Phosphate rock plants (ref. 40 CFR 60.400 et seq.)

Subpart PP Ammonium sulfate manufacture (ref. 40 CFR 60.420 et seq.)

Subpart QQ Publication rotogravure printing (ref. 40 CFR 60.430 et seq.)

Subpart RR Pressure sensitive tape and label surface coating operations (ref. 40 CFR 60.440 et seq.)

Subpart SS Industrial surface coating: Large appliances (ref. 40 CFR 60.450 et seq.)

Subpart TT Industrial surface coating: Metal coils (ref. 40 CFR 60.460 et seq.)

Subpart UU Asphalt processing and asphalt roofing manufacture (ref. 40 CFR 60.470 et seq.)

Subpart VV Synthetic Organic Chemical Manufacturing Industry equipment leaks (VOC) (ref. 40 CFR 60.480 et seq.)

Subpart WW Beverage can surface coating operations (ref. 40 CFR 60.490 et seq.)

Subpart XX Bulk gasoline terminals (ref. 40 CFR 60.500 et seq.)

Subpart AAA New residential wood heaters (ref. 40 CFR 60.530 et seq.)

Subpart BBB Rubber tire manufacturing industry (ref. 40 CFR 60.540 et seq.)

Subpart DDD VOC emissions from the polymer manufacturing industry (ref. 40 CFR 60.560 et seq.)

Subpart FFF Flexible vinyl and urethane coating and printing (ref. 40 CFR 60.580 et seq.)

Subpart GGG Petroleum refineries - compressors and fugitive emission sources (ref. 40 CFR 60.590 et seq.)

Subpart HHH Synthetic fiber production facilities (ref. 40 CFR 60.600 et seq.)

Subpart III VOC emissions from Synthetic Organic Chemical Manufacturing Industry air oxidation unit processes (ref. 40 CFR 60.610 et seq.)

Subpart JJJ Petroleum dry cleaners (ref. 40 CFR 60.620 et seq.)

Subpart KKK Equipment leaks of VOC from onshore natural gas processing plants (ref. 40 CFR 60.630 et seq.)

Subpart LLL Onshore natural gas processing; SO₂ emissions (ref. 40 CFR 60.640 et seq.)

Subpart NNN VOC emissions from Synthetic Organic Chemical Manufacturing Industry distillation operations (ref. 40 CFR 60.660 et seq.)

Subpart OOO Nonmetallic mineral processing plants (ref. 40 CFR 60.670 et seq.)

Subpart PPP Wool fiberglass insulation manufacturing plants (ref. 40 CFR 60.680 et seq.)

Subpart QQQ VOC emissions from petroleum refinery waste water emissions (ref. 40 CFR 60.690 et seq.)

Subpart RRR Volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes (ref. 40 CFR 60.700 et seq.)

Subpart SSS Magnetic tape coating facilities (ref. 40 CFR 60.710 et seq.)

Subpart TTT Industrial surface coating: Surface coating of plastic parts for business machines (ref. 40 CFR 60.720 et seq.)

Subpart UUU Calciners and dryers in mineral industries (ref. 40 CFR 60.730 et seq.)

Subpart VVV Polymeric coating of supporting substrates facilities (ref. 40 CFR 60.740 et seq.)

Subpart WWW Municipal solid waste landfills (ref. 40 CFR 60.750 et seq.)

Note: For fossil fuel fired steam generators referenced by Subpart D and Da above, units greater than 250 megawatts are governed by the Energy Facility Site Evaluation Council (EFSEC) in Title 463 WAC.

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

Reviser's note: The brackets and enclosed material in the text of 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.

AMENDATORY SECTION (Amending WSR 95-17-084, filed 8/21/95, effective 9/21/95)

((~~SWAPCA~~)) SWCAA 400-116 Maintenance of Equipment

[Statutory Authority: Chapter 70.94.152(7) RCW, and 70.94.155 RCW. Original Board adoption 95-17-084 filed 8/21/95, effective 9/21/95]

(1) Any equipment, including features, machines, and devices constituting parts of or called for by plans, specifications, or other information submitted for approval or required as part of an approval shall be maintained and operate in good working order. Defective or malfunctioning equipment that emit air pollutants shall be repaired immediately or shall be taken out of service.

(2) Any equipment that serves as air contaminant control or capture equipment shall be maintained and operate in good working order at all times in accordance with good operations and maintenance practices and in accordance with ((~~Authority~~)) Agency approval conditions. Defective or malfunctioning equipment shall be repaired immediately or shall be taken out of service.

(3) ((~~SWAPCA~~)) SWCAA shall have the authority to require that an Operations and Maintenance (O&M) plan be developed and implemented for each emission unit or piece of control or capture equipment in order to assure continuous compliance with approval conditions. A copy of the plan shall be available for site inspections. The plan shall reflect good industrial practice and shall include periodic inspection of all equipment and control apparatus, monitoring and recording of equipment and control apparatus performance, prompt repair of any defective equipment or control apparatus, procedures for start up, shut down and normal operation, and a record of all actions required by the plan. The plan shall be reviewed by the source or owner at least annually and updated to reflect any changes in good industrial practices. The O&M plan shall be available at or near the equipment it applies to so as to assist operations and maintenance personnel in assuring good operations and maintenance practices as well as the ability to log and record equipment performance parameters. As a minimum, the O&M plan shall contain each of the parameters required to be monitored, logged or recorded as provided in an Order of Approval.

(4) Noncompliance with any emission limit, test requirement, reporting or record keeping requirement or other requirement identified in a regulatory order issued pursuant to this section shall be considered a violation of this section.

AMENDATORY SECTION (Amending WSR 95-17-084, filed 8/21/95, effective 9/21/95)

((~~SWAPCA~~)) SWCAA 400-120 Bubble Rules

[Statutory Authority: Chapter 70.94.141 RCW, and 70.94.155 RCW. Original adoption by Board 4/17/84 under 400-115; 93-21-005 filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95]

(1) Applicability. The owner(s) or operator(s) of any source(s) may apply for a bubble for any contaminant regulated by state or federal law or regulations established to implement such laws for which the emission requirement may be stated as an allowable limit in weight of air contaminant per unit time for the emissions units involved.

(2) Conditions. A bubble may be authorized provided the following conditions have been demonstrated to the satisfaction of the ((~~Authority~~)) Agency.

(a) The contaminants exchanged must be of the same type, that is, PM₁₀ for PM₁₀, sulfur dioxide for sulfur dioxide, etc.

(b) The bubble will not interfere with the attainment and maintenance of ambient air quality standards.

(d) The bubble will not supersede NSPS, NESHAPS, BACT, or LAER. The emissions of hazardous air contaminants shall not be increased.

(e) The bubble will not result in an increase in the sum of actual emission rates of the contaminant involved from the emissions units involved.

(f) A bubble may not be authorized solely for opacity limits. However, if the emission limit for particulates for a given emissions unit is increased as part of a bubble, the opacity limit for the given emissions unit may be increased subject to the following limitations:

(i) The new opacity limit shall be specific for the given emissions unit;

(ii) The new opacity limit shall be consistent with the new particulate matter emission limit(s) and/or PM₁₀ emission limit(s);

(iii) An opacity greater than twenty percent shall never be authorized;

(iv) If the given emissions unit emits or has the potential to emit 100 tons per year or more of particulate matter, the opacity shall be monitored continuously.

(g) The emission limits of the bubble are equivalent to existing limits in enforceability.

(h) Concurrent with or prior to the authorization of a bubble, each emission unit involved in a bubble shall receive or have received a regulatory order or permit that establishes total allowable emissions from the source of the contaminant being bubbled, expressed as weight of the contaminant per unit time.

(i) There will be no net adverse impact upon air quality from the establishment of new emission requirements for a specific source or emissions unit. Determination of net adverse impact shall include but not be limited to public perception of opacity and public perception of odorous contaminants.

(j) Specific situations may require additional demonstration as requested by the ((~~Authority~~)) Agency.

(3) Jurisdiction. Whenever a bubble application involves emissions units, some of which are under the jurisdiction of Ecology and some of which are under the jurisdiction of the ((~~Authority~~)) Agency, approval will require concurrence by both authorities. The new emission limits for each emissions unit will be enforced by the agency of original jurisdiction.

(4) Additional information. Within thirty calendar days, after the receipt of a bubble application and all supporting data and documentation, the ((~~Authority~~)) Agency may require the submission of additional information needed to review the application.

(5) Approval. Within thirty calendar days after all the required information has been received, the ((~~Authority~~)) Agency shall approve or deny the application, based on a finding that conditions in subsection (2)(a) through (j) of this section have been satisfied or not. If the application is approved, a regulatory order or equivalent document shall be issued which includes new allowable emissions limits expressed in weight of pollutant per unit time for each emissions unit affected by the bubble. The regulatory order or equivalent document shall include any conditions required to assure that subsection (2)(a) through (j) of this section will be satisfied. If the bubble depends in whole or in part upon the shutdown of equipment, the regulatory order or equivalent document shall prohibit operation of the affected equipment.

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-130 Use of Emission Reduction Credits

[Statutory Authority: Chapter 70.94.141 RCW. Original adoption by Board 12/16/86; Amended by Board 9/21/93; 93-21-005 filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95; 99-07-029 filed 3/10/99, effective 4/11/99]

(1) Applicability. The owner(s) of any emission reduction credits (ERCs) shall maintain its ability to use said ERCs through approval and registration with the ((~~Authority~~)) Agency. An ERC shall be considered an emission unit and subject to registration. If the owner of said ERCs fails to maintain or renew its annual registration 6 months beyond the due date or fails to pay its operating permit fee 6 months beyond the due date or has not applied for emission reduction credits, then said amount of emission reductions credit shall revert back to the ((~~Authority~~)) Agency. The ((~~Authority~~)) Agency may keep said credits in a credit bank to be used by the ((~~Authority~~)) Agency in the best interest of the area or credits may be dissolved by the ((~~Authority~~)) Agency.

(2) Permissible use. An ERC may be used to satisfy the requirements for authorization of a bubble under ((~~SWAPCA~~)) SWCAA 400-120, as a part of a determination of "net emissions increase," as an offsetting reduction to satisfy the requirements for new source review per ((~~SWAPCA~~)) SWCAA 400-111, 400-112, ((~~SWAPCA~~)) SWCAA 400-113(3) or ((~~SWAPCA~~)) SWCAA 400-113(6), or to satisfy requirements for PSD review per ((~~SWAPCA~~)) SWCAA 400-113(4). The use of any ERC shall be consistent with all other federal, state, and local requirements of the program in which it is used.

(3) Conditions of use. An ERC may be used only for the contaminant(s) for which it was issued and in the area for which it was issued except in the case of transportable pollutants which will be determined on a case by case basis and per interagency agreement for interstate transfers. The ((~~Authority~~)) Agency may impose additional conditions of use of ERCs to account for temporal and spatial differences between the emissions unit(s) that generated the ERC and the emissions unit(s) that use the ERC. An ERC may not be used in place of a growth allowance as required under ((~~SWAPCA~~)) SWCAA 400-111.

(4) Procedures to use ERC.

(a) Individual use. When an ERC is used under subsection (2) of this section, an application must be submitted to the ((~~Authority~~)) Agency and the ((~~Authority~~)) Agency must issue a Regulatory Order for use of the ERC(s).

(b) Sale or transfer of an ERC. An ERC may be sold or otherwise transferred to a person other than the person to whom it was originally issued. An application for the sale or transfer must be submitted by the original ERC owner to the ((~~Authority~~)) Agency. After receiving an application, the ((~~Authority~~)) Agency shall reissue a Regulatory Order to the new owner. The ((~~Authority~~)) Agency shall update the ERC bank to reflect the availability or ownership of ERCs. No discounting shall happen as part of this type of transaction.

(5) Expiration of ERC. An unused ERC and any unused portion thereof shall expire five years after the date the emission reduction was accomplished and not the date of the Regulatory Order.

(6) Maintenance of ERCs. The ((~~Authority~~)) Agency has established its policy and procedure for maintenance of said credits in SWCAA 400-136 Maintenance of Emission Reduction Credits in Bank.

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-131 Deposit of Emission Reduction Credits Into Bank

[Statutory Authority: Chapter 70.94.141 RCW, and 70.94.850 RCW. Originally adopted by Board as 400-120 on 3/20/84; renumbered to 400-131 in 93-21-005 filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95; 99-07-029 filed 3/10/99, effective 4/11/99]

(1) Applicability. The owner(s) or operator(s) of any source(s) may apply to the ((~~Authority~~)) Agency for an emission reduction credit (ERC) if the source proposes to reduce its actual emissions rate for any contaminant regulated by state or federal law or regulations established to implement such law(s) for which the emission requirement may be stated as an allowable limit in weight of contaminant per unit time for the emissions unit(s) involved.

(2) Time of application. The application for an ERC must be made prior to or within one hundred eighty days after the emission reduction has been accomplished.

(3) Conditions. An ERC may be authorized provided the following conditions have been demonstrated to the satisfaction of the ((~~Authority~~)) Agency.

(a) No part of the emission reductions claimed for credit shall have been required pursuant to an adopted rule.

(b) The quantity of emissions reductions claimed for credit shall be less than or equal to the old allowable emissions rate or the old actual emissions rate, whichever is the lesser, minus the new allowable emissions rate.

(c) The ERC application must include a description of all the changes that are required to accomplish the claimed emissions reduction, such as, new control equipment, process modifications, limitation of hours of operation, permanent shutdown of equipment, specified control practices and any other pertinent supporting information.

(d) The quantity of emission reductions claimed must be greater than 1 ton/year and be readily quantifiable for the emissions unit(s) involved.

(e) No part of the emission reductions claimed for credit shall have been used as part of a determination of net emission increase, nor as part of an offsetting transaction under ((~~SWAPCA~~)) SWCAA 400-112(5) nor as part of a bubble transaction under ((~~SWAPCA~~)) SWCAA 400-120 nor to satisfy NSPS, NESHAPS, BACT, MACT, RACT, LAER or other applicable emission standard.

(f) Concurrent with or prior to the authorization of an ERC, the applicant shall have received a regulatory order or permit that establishes total allowable emissions from the source or emissions unit of the contaminant for which the ERC is requested, expressed as weight of contaminant per unit time.

(g) The use of any ERC shall be consistent with all other federal, state, and local requirements of the program in which it is used.

(4) Additional information. Within thirty days after the receipt of an ERC application, supporting data and documentation, the ((~~Authority~~)) Agency may require the submission of additional information needed to review the application.

(5) Approval. Within thirty days after all required information has been received, the ((~~Authority~~)) Agency shall approve or deny the application, based on a finding that conditions in subsection (3)(a) through (f) of this section have been satisfied or not. If the application is approved, the ((~~Authority~~)) Agency shall:

(a) Issue a regulatory order or equivalent document to assure that the emissions from the source will not exceed the allowable emission rates claimed in the ERC application, expressed in weight of pollutant per unit time for each emission unit involved. The regulatory order or equivalent document shall include any conditions required to assure that subsection (3)(a) through (f) of this section will be satisfied. If the ERC depends in whole or in part upon the shutdown of equipment, the regulatory order or equivalent document must prohibit operation of the affected equipment; and,

(b) Issue a Regulatory Order with emission reduction credit. The Regulatory Order shall specify the issue date, the contaminant(s) involved, the emission decrease expressed as weight of pollutant per unit time, the nonattainment area involved, if applicable, and the person to whom the Regulatory Order is issued.

(6) Maintenance and use of ERCs. The ((~~Authority~~)) Agency has established its policy and procedure for maintenance of said ERCs in ((~~SWAPCA~~)) SWCAA 400-136. The ((~~Authority~~)) Agency has established its policy and procedure for use of ERCs in ((~~SWAPCA~~)) SWCAA 400-130.

AMENDATORY SECTION (Amending WSR 95-17-084, filed 8/21/95, effective 9/21/95)

((~~SWAPCA~~)) SWCAA 400-135 Criminal Penalties (renumbered 4/17/84 to 400-210)

[Originally adopted by Board 12/18/79; Amended by Board 4/17/84 renumbered to 400-210; 93-21-005 filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95]

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-136 Maintenance of Emission Reduction Credits in Bank

[Statutory Authority: Chapter 70.94.141 RCW, and 70.94.850 RCW. Original Board adoption as 400-125 4/17/84; renumbered to 400-136 in 93-21-005 filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95; 99-07-029 filed 3/10/99, effective 4/11/99]

(1) Applicability. The ((~~Authority~~)) Agency shall maintain a bank for the purpose of administering emission reduction credits (ERCs) pursuant to the provisions of RCW 70.94.850.

(2) Conditions for ERC Bank.

(a) ERCs established under ((~~SWAPCA~~)) SWCAA 400-131 or used under ((~~SWAPCA~~)) SWCAA 400-130 shall be available for said credit bank.

(b) ERCs shall not have been used, sold or transferred to another entity for use; e.g. ERCs cannot be banked or used by two sources at one time.

(c) ERCs established under ((~~SWAPCA~~)) SWCAA 400-131 or used under ((~~SWAPCA~~)) SWCAA 400-130 for a specific source shall be allocated privately an not be included in the bank for public allocation unless 1) specifically requested by the owner(s) of the ERCs or 2) if the owner of the ERCs fails to maintain registration with the ((~~Authority~~)) Agency.

(3) Maintenance of the Bank.

(a) The ((~~Authority~~)) Agency shall maintain an emission inventory of all allowed and actual emissions (including any growth allowances identified in a Maintenance Plan) in each of the nonattainment or maintenance areas by pollutant or in the case of ozone, it shall be volatile organic compounds and oxides of nitrogen.

(b) The ERCs contained in the bank shall be discounted by 10% to allow for minor emissions increases in nonattainment areas by minor sources each of which would emit less than one ton per year. Minor emitting sources shall be ineligible to receive or expend an emission reduction credit as identified in ((~~SWAPCA~~)) SWCAA 400-131 or 400-130. ERCs shall be discounted at the applicable ratio on a one-time basis at the time of deposit into the bank. ERCs shall not be discounted each time a transaction is completed. If reductions in emission beyond those identified in the Washington State Implementation Plan are required to meet an ambient air quality standard, if the standard cannot be met through controls on operating sources, and if the plan must be revised, ERCs may be discounted by the ((~~Authority~~)) Agency over and above the initial 10% without compensation to the holder after public involvement per ((~~SWAPCA~~)) SWCAA 400-171. Any such discount shall not exceed the percentage of additional emission reduction needed to reach or maintain attainment status.

(c) The Control Officer shall not provide greater than 25% of the available emission credit in the bank to a single applicant. Any exceptions shall be considered on a case-by-case basis by the Board of Directors after a public notice at the next regularly scheduled meeting.

(d) When the Control Officer issues credits for a new or modified source, the amount of emission credits shall be removed from the bank and a Regulatory Order allocating the emission credits shall be issued. The applicant shall start a continuous program of construction or process modification within 18 months. If the applicant does not exercise the approval, the emission credit shall expire and revert to the bank. If there is a six month delay in construction after the start of a continuous program to construct or modify a source or emissions unit the remaining amount of the emission reduction credit shall be reviewed by the Control Officer and if it is determined that the unused portion of the credit will not, in all likelihood be used in the next year, the Control Officer shall notify the applicant that the credit has expired and shall revert to the bank. The applicant shall reapply, as needed, for use of the emission reduction credits when a continuous program of construction or modification begins.

(4) Annual Review. The ((~~Authority~~)) Agency shall review the content and administration of this section annually to ensure regulatory consistency and equity of impact as a portion of the Washington State Implementation Plan review. The results of the review shall be reported to the Board with recommendations for correction if the Control Officer deems that such corrections are necessary to properly administer the emission credit bank.

(5) Issuance and use of ERCs. The ((~~Authority~~)) Agency has established its policy and procedure for deposit of ERCs in ((~~SWAPCA~~)) SWCAA 400-131. The ((~~Authority~~)) Agency has established its policy and procedure for use of ERCs in ((~~SWAPCA~~)) SWCAA 400-130.

(6) Expiration of Public Credits.

(a) Emissions reduction credits deposited in the bank for public allocation (public bank) as the result of the shutdown of the Carborundum facility expired on July 8, 1996 as provided in Regulatory Order ((~~SWAPCA~~)) SWCAA 86-843 establishing such credits.

(b) Emission reduction credits deposited in the bank for public allocation as the result of Board Resolution 1988-3 amended by Board Resolution 1989-3 expire on January 24, 1999.

(d) Each source which had credits assigned from the public bank by issuance of a Regulatory Order shall be approved for the total of previous emissions plus any additional amount approved under a Regulatory Order assigning public credits to that source effective July 8, 1996.

(e) Emission reduction credits deposited into the public bank shall not be available to be assigned to any source after July 8, 1996.

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

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-141 Prevention of Significant Deterioration (PSD)

[Statutory Authority: Chapter 70.94.141 RCW. Original Board adoption 93-21-005 filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95; 99-07-029 filed 3/10/99, effective 4/11/99]

Section 40 CFR 52.21, Subparts (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (r), (t), (v), and (w), Prevention of Significant Deterioration of Air Quality, as in effect on July 1, ((~~1998~~)) 2000, are incorporated by reference with the following additions and modifications:

(1) Administrator. In 40 CFR 52.21 (b)(17), federally enforceable, (f)(l)(v), (f)(3), and (f)(4)(i), exclusions from increment consumption, (g), redesignation, (l) and (2), air quality models, (p)(2), federal land manager, and (t), disputed permits or redesignations, the word "Administrator" shall be construed in its original meaning. In 40 CFR 52.21 (b)(3)(iii) Administrator shall mean the Administrator of EPA, Director of Ecology and Control Officer of the ((~~Authority~~)) Agency.

(2) Contemporaneous. Subpart 40 CFR 52.21 (b)(3)(ii) is changed to read: "An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the date ten years before construction on the particular change commences and the date that the increase from the particular change occurs. If a decrease occurred more than one year prior to the date of submittal of the Notice of Construction application for the particular change it can only be credited if the decrease has been documented by an emission reduction credit."

(3) Public participation. Subpart 40 CFR 51.166(q) public participation, as in effect July 1, ((~~1998~~)) 2000 is hereby incorporated by reference except that in 40 CFR 51.166 (q)(2)(iv), the phrase "specified time period" shall mean thirty days and the word "Administrator" shall mean the EPA Administrator.

(4) Section 40 CFR 51.166 Subpart (p)(1). Sources Impacting Federal Class I areas - additional requirements - Notice to EPA, as in effect on July 1, ((~~1998~~)) 2000, is herein incorporated by reference.

(5) Secondary emissions. Subpart 40 CFR 52.21 (b)(18) is changed to read: Emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification ((~~which~~)) that causes the secondary emissions. Secondary emissions may include, but are not limited to:

(a) Emissions from ships or trains coming to or from the new or modified stationary source; and

(b) Emissions from any offsite support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification.

(6) Significant. The definition of "significant" in 40 CFR 52.21 (b)(23) is changed to exclude from the list of pollutants which may trigger PSD review any pollutant listed under FCAA 112.

[Note - ((~~SWAPCA~~)) SWCAA has not been delegated authority by Ecology for the PSD program.]

AMENDATORY SECTION (Amending WSR 95-17-084, filed 8/21/95, effective 9/21/95)

((~~SWAPCA~~)) SWCAA 400-150 Variance (renumbered 11/93 to 400-180)

[Original Board adoption 12/17/68 (Regulation 1 Sec 2.07); Amended by Board 12/18/79; Amended by Board 4/17/84; Repealed and renumber to 400-180 93-21-005 filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95]

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-151 Retrofit Requirements for Visibility Protection

[Statutory Authority: Chapter 70.94.141 RCW. Original Board adoption 93-21-005 filed 10/7/93, effective 11/8/93]

(1) Determination of best available retrofit technology (BART). The ((~~Authority~~)) Agency shall identify and analyze each source which may reasonably be anticipated to cause or contribute to impairment of visibility in any mandatory Class I area in Washington and any adjacent state and to determine BART for the contaminant of concern and those additional air pollution control technologies that are to be required to reduce impairment from the source.

(2) Initially defined BART. The owner(s) or operator(s) of any source(s) to which significant visibility impairment of a mandatory Class I area is reasonably attributable shall apply BART for each contaminant contributing to visibility impairment that is emitted at more than 250 tons per year. Each source for which BART is required must install and operate BART as expeditiously as possible, but in no case later than five years after the conditions are included in a regulatory order.

(3) Future definitions of BART. The owner(s) or operator(s) of any source(s) to which significant visibility impairment of a mandatory Class I area is reasonably attributable shall apply BART as new technology becomes available for a contaminant if:

(a) The source emits more than 250 tons per year of the contaminant; and,

(b) The controls representing BART have not previously been required in this section.

(4) Appeal. Any source owner or operator required by this section to install, operate, and maintain BART, may apply to the EPA Administrator for an exception from that requirement pursuant to 40 CFR 51.303.

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-160 Use of Dispersion Techniques (renumbered 11/93 to 400-200)

[Original Board adoption 4/17/84 (Refer to WAC 403); Amended by Board and renumbered to 400-200 in 93-21-005 filed 10/7/93, effective 11/8/93]

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-161 Compliance Schedules

[Statutory Authority: Chapter 70.94.141 RCW. Original Board adoption 10/29/69 (Regulation 2 Sec 5.08); Amended by Board 12/18/79 renumbered to 400-080; Amended by Board 4/17/84 deleted section; New section added 93-21-005 filed 10/7/93, effective 11/8/93]

(1) Issuance. Whenever a source is found to be in violation of an emission standard or other provision of this regulation the ((~~Authority~~)) Agency may issue a regulatory order requiring that the source be brought into compliance within a specified time. The order shall contain a schedule for installation of emission control technology, with intermediate benchmark dates and a final completion date, and shall constitute a compliance schedule. Requirements for public involvement (((~~SWAPCA~~)) SWCAA 400-171) must be met.

(2) Federal action. A source shall be considered to be in compliance with this regulation if all the provisions of its individual compliance schedule included with a regulatory order are being met. Such compliance does not preclude federal enforcement action by the EPA until and unless the schedule is submitted and adopted as an amendment to the State Implementation Plan.

(3) Penalties for delayed compliance. Sources on a compliance schedule but not meeting emissions standards may be subject to penalties as provided in the Federal Clean Air Act.

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-170 Requirements for Board and Director (renumbered on 11/93 to 400-220)

[Original Board adoption 12/18/79; Amended by Board 12/18/79 renumbered to 400-190; Amended by Board 11/93 deleted section renumbered to 400-220, 93-21-005 filed 10/7/93, effective 11/8/93]

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-171 Public Involvement

(1) Applicability. The ((~~Authority~~)) Agency shall provide public notice for a preliminary determination of a regulatory order prior to issuance of the final approval or denial of any of the following types of applications or other actions:

(a) Notice of Construction application for any new or modified source or emissions unit that results in a significant increase in emissions (actual or potential to emit) of any pollutant regulated by state or federal law (significant as defined in ((~~SWAPCA~~)) SWCAA 400-030). Furthermore, public notice for each regulatory order for a non-significant increase may be provided at the discretion of the Control Officer; or

(b) Any application or other proposed action for which a public hearing is required by PSD rules; or

(d) Any order to establish a compliance schedule or a variance. A variance shall be handled as provided in SWCAA 400-180; or

(e) The establishment, disestablishment or redesignation of a nonattainment area, or the changing of the boundaries thereof; or

(f) Any order to demonstrate the creditable height of a stack which exceeds the GEP formula height and sixty-five meters, by means of a fluid model or a field study, for the purposes of establishing an emission limitation; or

(g) Any order to authorize a bubble; or

(h) Issuance of an Order of Discontinuance as provided in SWCAA 400-230(1)(g); or

(((h))i) An order issued under ((~~SWAPCA~~)) SWCAA 400-091 which establishes limitations on a source's potential to emit for the purpose of opting out of the Title V Air Operating Permit program (WAC 173-401); or

(((i))j) Any Notice of Construction application or other proposed action made pursuant to this regulation in which there is a substantial public interest according to the discretion of the Control Officer;

except:

(((j))k) Any Notice of Construction application or other proposed action which results in a reduction of emissions from a previously established emission limit in an order issued by the ((~~Authority~~)) Agency that has previously been subjected to public notice, or other permitting authority, may not require public notice in accordance with this section. This exemption does not apply to those sources opting out of the Title V Air Operating Permit program (WAC 173-401).

(((k))l) Any Notice of Construction application or other proposed action ((~~which~~)) that does not result in a net emissions increase (actual or potential to emit) unless otherwise required by the ((~~Authority~~)) Agency.

(((l))m) Public notice for a preliminary determination of a regulatory order may run concurrently with immediate approval to operate provided that a corporate officer of the source submits an affidavit that they understand the liability associated with the action and agree to implement any necessary changes that would have otherwise resulted from the public comment process.

(2) Public notice. Public notice shall be made only after all information required by the ((~~Authority~~)) Agency has been submitted and after applicable preliminary determinations, if any, have been made. Public notice shall include:

(a) Availability for public inspection in at least one location near the proposed project, of the nonproprietary information submitted by the applicant and of any applicable preliminary determinations, including analyses of the effect(s) on air quality.

(b) Publication in a newspaper of general circulation in the area of the proposed project of notice:

(i) Giving a brief description of the proposal;

(ii) Advising of the location of the documents made available for public inspection;

(iii) Advising of a thirty-day period for submitting written comment to the ((~~Authority~~)) Agency;

(iv) Advising that a public hearing may be held if the ((~~Authority~~)) Agency determines within a thirty-day period that significant public interest exists.

(d) Public participation procedures for Notice of Construction applications that are processed in coordination with an application to issue or modify a Title V Air Operating Permit shall be conducted as provided in WAC 173-401.

(3) Public comment. No final decision on any application or action of any of the types described in subsection (1) of this section, shall be made until the public comment period has ended and any comments received have been considered. Unless a public hearing is held, the public comment period shall be the thirty-day period for written comment published as provided above. If a public hearing is held, the public comment period shall extend through the hearing date and thereafter for such period, if any, as the notice of public hearing may specify.

(4) Public hearings. The applicant, any interested governmental entity, any group or any person may request a public hearing within the thirty-day period published as above. Any such request shall indicate the interest of the entity filing it and why a hearing is warranted. The ((~~Authority~~)) Agency may, at the discretion of the Control Officer, hold a public hearing if it determines significant public interest exists. Any such hearing(s) shall be held upon such notice and at a time(s) and place(s) as the ((~~Authority~~)) Agency deems reasonable.

(5) Other requirements of law. Whenever procedures permitted or mandated by law will accomplish the objectives of public notice and opportunity for comment, such procedures may be used in lieu of the provisions of this section.

(6) Public information. Copies of Notices of Construction, regulatory orders, and modifications thereof which are issued hereunder shall be available for public inspection on request at the ((~~Authority~~)) Agency.

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-172 Technical Advisory Council

[Statutory Authority: Chapter 70.94.141 RCW, and 70.94.240 RCW. Original Board adoption 12/17/68 (Regulation 1 Sec 2.06); Amended by Board 12/18/79 recodified and removed; Amended by Board new section 93-21-005 filed 10/7/93, effective 11/8/93]

(1) Purpose. To provide input to the Board of Directors regarding technical and practical aspects of present and proposed regulations. To provide a cross section of knowledge of air quality problems and methods of reducing air pollution in the Southwest Clean Air ~~Pollution Control~~ ((~~Authority~~)) Agency's jurisdiction.

(2) Objectives. Review regulations and make recommendations to conform with the federal and state requirements and SIP.

(a) Study changes of the federal and state clean air acts. Draft and make recommendations for necessary revisions to ((~~SWAPCA~~)) SWCAA regulations. Provide technical support for those recommendations.

(b) Participate, as requested by the Board of Directors, in SIP revisions required by the FCAA as the revisions affect the region.

(3) Committee. The committee shall consist of at least seven members. These members shall represent, with technical interest, the public at large and the legal profession, with at least two members being representatives of industry. Each member shall retain the right to vote.

(4) Chair. The Chair of the Board of Directors shall serve as the ex officio member and Chair of the Technical Advisory Council. The Technical Advisory Council may adopt rules of procedure and shall meet on call subject to timely notice. The Technical Advisory Council shall elect a Vice Chair from the Council who shall retain the right to vote.

(5) Term of Office. Members may be appointed for a three year term ending June 30 of the third year of said term. No member shall serve for more than two consecutive three year terms.

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-180 Variance

[Statutory Authority: Chapter 70.94.141 RCW, and 70.94.181 RCW. Original Board adoption 12/17/68 (Regulation 1 Sec 2.07); Amended by Board 12/18/79; Amended by Board 4/17/84; Repealed and renumbered to 400-180 93-21-005 filed 10/7/93, effective 11/8/93, previous 400-180 (Maintenance of Pay was deleted; 95-17-084 filed 8/21/95, effective 9/21/95; 99-07-029 filed 3/10/99, effective 4/11/99]

Any person who owns or is in control of a plant, building, structure, establishment, process, or equipment may apply to the ((~~Authority~~)) Agency for a variance from provisions of ((~~SWAPCA~~)) SWCAA regulations governing the quality, nature, duration, or extent of discharges of air contaminants in accordance with the provisions of RCW 70.94.181.

(1) Jurisdiction. Sources in any area over which the ((~~Authority~~)) Agency has jurisdiction shall make application to the ((~~Authority~~)) Agency. Variances to State rules shall require approval of Ecology prior to being issued by the ((~~Authority~~)) Agency. The Board of Directors may grant a variance only after public involvement per ((~~SWAPCA~~)) SWCAA 400-171.

(2) Full faith and credit. Variances granted in compliance with state and federal laws by the ((~~Authority~~)) Agency for sources under its jurisdiction shall be accepted as variances to this regulation.

(3) EPA concurrence. No variance or renewal shall be construed to set aside or delay any requirements of the Federal Clean Air Act except with the approval and written concurrence of the USEPA.

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-190 Requirements for Nonattainment Areas

[Statutory Authority: Chapter 70.94.141 RCW. Original Board Adoption 93-21-005 filed 10/7/93, effective 11/8/93]

The development of specific requirements for nonattainment areas shall include consultation with local government in the area and shall include public involvement per ((~~SWAPCA~~)) SWCAA 400-171. Requirements for new or modified sources in nonattainment areas are found in ((~~SWAPCA~~)) SWCAA 400-110 and ((~~SWAPCA~~)) SWCAA 400-112.

AMENDATORY SECTION (Amending WSR 95-17-084, filed 8/21/95, effective 9/21/95)

((~~SWAPCA~~)) SWCAA 400-200 Creditable Stack Height and Dispersion Techniques

[Statutory Authority: Chapter 70.94.141 RCW. Original Board adoption 400-160 4/17/84 (Refer to WAC 403); Amended by Board 92-04-030 filed 1/28/92; Amended by Board and renumbered to 400-200 in 93-21-005 filed 10/7/93, effective 11/8/93, original 400-200 was renumbered to 400-230; 95-17-084 filed 8/21/95, effective 9/21/95]

(1) Applicability. These provisions shall apply to all sources except:

(a) Stacks for which construction had commenced on or before December 31, 1970, except where pollutants are being emitted from such stacks used by sources which were constructed, or reconstructed, or for which major modifications were carried out after December 31, 1970;

(b) Coal-fired steam electric generating units subject to the provisions of Section 118 of the Federal Clean Air Act, which commenced operation before July 1, 1957, and for whose stacks construction commenced before February 8, 1974;

(d) Open or outdoor burning for agricultural or silvicultural purposes as covered under the Smoke Management Plan;

(e) Residential wood combustion and open or outdoor burning for which episodic restrictions apply.

These provisions shall not be construed to limit the actual stack height.

(2) Prohibitions. No source may use dispersion techniques or excess stack height to meet ambient air quality standards or PSD increment limitations.

(a) Excess stack height. Excess stack height is that portion of a stack ((~~which~~)) that exceeds the greater of:

(i) Sixty-five meters (213.25 feet), measured from the ground level elevation at the base of the stack; or

(ii) H_g = H + 1.5L where:

H_g = "good engineering practice" (GEP) stack height, measured from the ground level elevation at the base of the stack,

H = height of nearby structure(s) measured from the ground level elevation at the base of the stack,

L = lesser dimension, height or projected width, of nearby structure(s), subject to the provisions below.

"Nearby," as used in this subsection for purposes of applying the GEP formula means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 kilometer (1/2 mile).

(b) Dispersion techniques. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. This does not include:

(i) The reheating of a gas stream, following the use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;

(ii) The merging of gas streams where:

(A) The source was originally designed and constructed with such merged gas streams, as demonstrated by the source owner(s) or operator(s).

(B) Such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion shall apply only to the emission limitation for the pollutant affected by such change in operation.

(C) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons, and not primarily motivated by an intent to gain emissions credit for greater dispersion.

(3) Exception. The ((~~Authority~~)) Agency may require the use of a field study or fluid model to verify the creditable stack height for the source. This also applies to a source seeking credit after the effective date of this rule for an increase in existing stack height up to that established by the GEP formula. A fluid model or field study shall be performed according to the procedures described in the EPA Guideline for Determination of Good Engineering Practice Height (Technical Support Document of the Stack Height Regulations). The creditable height demonstrated by a fluid model or field study shall ensure that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.

(a) "Nearby," as used in this subsection for conducting a field study or fluid model, means not greater than 0.8 km, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten times the maximum height of the feature, not to exceed two miles if such feature achieves a height 0.8 km from the stack that is at least forty percent of the GEP stack height or twenty-six meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

(b) "Excessive concentration" is defined for the purpose of determining creditable stack height under this subsection and means a maximum ground-level concentration owing to a significant downwash effect which contributes to excursion over an ambient air quality standard. For sources subject to PSD review (WAC 173-400-141 and 40 CFR 52.21) an excessive concentration alternatively means a maximum ground-level concentration owing to a significant downwash effect ((~~which~~)) that contributes to excursion over a PSD increment. The emission rate used in this demonstration shall be the emission rate specified in the State Implementation Plan, or in the absence of such, the actual emission rate of the source. "Significant downwash effect" means a maximum ground-level concentration due to emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least forty percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-205 Adjustment for Atmospheric Conditions

[Statutory Authority: Chapter 70.94.141 RCW and 70.94.331 RCW. Original Board adoption 93-21-005 filed 10/7/93, effective 11/8/93]

Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant is prohibited, except as directed according to air pollution episode regulations as specified at ((~~SWAPCA~~)) SWCAA 400-230(5).

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-210 Emission Requirements of Prior Jurisdictions

[Statutory Authority: Chapter 70.94.141 RCW and 70.94.331 RCW. Original Board adoption 93-21-005 filed 10/7/93, effective 11/8/93, previous 400-210 (Criminal Penalties) was renumbered to 400-240]

Any emissions unit that was under the jurisdiction of the ((~~Authority~~)) Agency and now is under the jurisdiction of Ecology, shall meet all emission requirements that were applicable prior to transfer of jurisdiction if those standards are more stringent than the standards of this regulation or the specific regulation relating to that source.

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-220 Requirements for Board Members

[Statutory Authority: Chapter 70.94.100 RCW, and 70.94.141 RCW. Original Board adoption as 400-170 12/18/79; Amended by Board 4/17/84 renumbered to 400-190; Amended by Board deleted section and renumbered to 400-220 in 93-21-005 filed 10/7/93, effective 11/8/93]

(1) Public interest. A majority of the members of the ((~~Authority~~)) Agency's Board of Directors shall represent the public interest. A majority of the members of the Board shall not derive any significant portion of their income from persons subject to enforcement orders pursuant to the State and Federal Clean Air Acts. An elected public official and the Board shall be presumed to represent the public interest. In the event that a member derives a significant portion of his/her income from persons subject to enforcement orders, he/she shall delegate sole responsibility for administration of any part of the program ((~~which~~)) that involves these persons to an assistant.

(2) Disclosure. Each member of the ((~~Authority~~)) Agency's Board of Directors shall adequately disclose any potential conflict of interest in any matter prior to any action or consideration thereon, and the member shall remove themselves from participation as a Board member in any action or voting on such matter.

(3) Define significant income. For the purposes of this section, "significant portion of income" shall mean twenty percent of gross personal income for a calendar year. In the case of a retired person, "significant portion of income" shall mean fifty percent of income in the form of pension or retirement benefits from a single source other than Social Security. Income derived from employment with local or state government shall not be considered in the determination of "significant portion of income".

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-230 Regulatory Actions & Civil Penalties

[Statutory Authority: Chapter 70.94.141 RCW, 70.94.211 RCW, 70.94.332 RCW, 70.94.425 RCW, 70.94.431, and 70.94.435 RCW. Original Board adoption 12/17/68 (Regulation 1 Sec 2 & 3); Amended by Board renumbered to 400-130 12/18/79; Amended by Board renumbered to 400-200 4/17/84; Amended by Board 12/16/86; Amended by Board 1/21/92, 92-04-030 filed 1/28/92; 93-21-005 filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95; 99-07-029 filed 3/10/99, effective 4/11/99]

(1) The ((~~Authority~~)) Agency shall have the power to issue such orders as necessary to effectuate the purpose of RCW 70.94 as provided in, including but not limited to: RCW 70.94.141, RCW 70.94.152, RCW 70.94.153, and RCW 70.94.332. The ((~~Authority~~)) Agency may issue orders for establishing limits and controls for sources of emissions to the ambient air or otherwise controlling activities that may violate any ambient air quality regulations, including but not limited to the following:

(a) Order of Approval. An Order of Approval may be issued by the ((~~Authority~~)) Agency to provide approval for a Notice of Construction application. An Order of Approval shall contain the following, as appropriate: reference to applicable regulations, emissions limitations, control and process equipment operating conditions and limits, testing requirements, monitoring and reporting requirements, and other conditions considered necessary by the ((~~Authority~~)) Agency. An Order of Approval which constitutes the final determination of the ((~~Authority~~)) Agency, shall be issued within sixty (60) calendar days of a complete application or for those projects subject to public notice, as promptly as possible after the 30 calendar day public notice requirements have been satisfied. An Order of Approval may not identify all applicable regulations. All Orders of Approval may be subject to the public notice and comment procedures set forth in ((~~SWAPCA~~)) SWCAA 400-171 (2), (3), and (4).

(b) Order of Denial. An Order of Denial may be issued by the ((~~Authority~~)) Agency in response to a Notice of Construction application that is incomplete, not feasible, proposes inadequate control technology, or otherwise would result in violation of any ambient air quality regulation, control technology requirement, or emission standards in the area in which the equipment would be located and operated. All Orders of Denial shall be subject to the public notice and comment procedures set forth in ((~~SWAPCA~~)) SWCAA 400-171 (2), (3), and (4).

(c) Order of Violation. An Order of Violation may be issued by the ((~~Authority~~)) Agency to document specific regulation(s) alleged to be violated and establish the facts surrounding a violation. An Order of Violation may be prepared by the ((~~Authority~~)) Agency only after formal written notice has been served on the source as provided in (2) below. The Order of Violation shall not be subject to the public notice and comment period set forth in ((~~SWAPCA~~)) SWCAA 400-171.

(d) Order of Prevention. An Order of Prevention may be issued by the ((~~Authority~~)) Agency to a source to prevent installation or construction of an emission unit, performance of an activity, or actions that may otherwise endanger public health that are on site, in the process of being installed, or have been installed, constructed or operated without prior ((~~Authority~~)) Agency review and approval or actions are being conducted in addition to a previous ((~~Authority~~)) Agency approval without prior approval. An Order of Prevention shall not be subject to the public notice and comment period set forth in ((~~SWAPCA~~)) SWCAA 400-171.

(e) Consent Order. A Consent Order may be issued by the ((~~Authority~~)) Agency to establish emission limits, operation and maintenance limits or controls, monitoring or reporting requirements, testing requirements, or other limits or controls as necessary that are determined by the ((~~Authority~~)) Agency to be necessary. Actions identified in a Consent Order may be necessary to demonstrate compliance with applicable regulations, provide measures whereby a source may take the necessary steps to achieve compliance, establish a schedule for activities, or provide other information that the Control Officer deems appropriate. The Consent Order shall be agreed to and signed by an appropriate officer of the company or source for which the Consent Order is prepared and the Control Officer, or designee, of the ((~~Authority~~)) Agency. Installation, construction, modification or operation of a source shall be subject to the New Source Review requirements of ((~~SWAPCA~~)) SWCAA 400-110. A Consent Order shall not be subject to the public notice and comment period set forth in ((~~SWAPCA~~)) SWCAA 400-171 at the discretion of the Control Officer.

(f) Compliance Schedule Order. A Compliance Schedule Order may be issued by the ((~~Authority~~)) Agency to a source to identify specific actions that must be implemented to establish, maintain, and/or demonstrate compliance with applicable regulations and identify the schedule by which these actions must be completed. All Compliance Schedule Orders shall be subject to the public notice and comment period set forth in SWAPCA 400-171 (2), (3), and (4). Refer to ((~~SWAPCA~~)) SWCAA 400-161 for further guidance.

(g) Order of Discontinuance. The ((~~Authority~~)) Agency may issue an Order of Discontinuance for any source that has discontinued operations and/or has not maintained their source registration for emission units. (Refer to ((~~SWAPCA~~)) SWCAA 400-100 (2)(d)). An Order of Discontinuance may also be issued to a source that continues to operate in violation of applicable regulations and requirements. Such issuance may require that the source cease operations that result in emissions to the ambient air that are in violation of applicable regulatory orders, requirements and regulations.

(i) Any source that fails to maintain registration fees (i.e., payment of registration fees by June 30 of each year), may be issued an Order of Discontinuance. The Order of Discontinuance shall identify the source location and emission units and identify the most current registration activity.

(ii) The Order of Discontinuance shall provide for discontinuance of operations at that source or facility and all previous authorizations, orders, agreements or stipulations shall be superseded, directly or indirectly, by the Order of Discontinuance without specific identification in the Order of Discontinuance.

(iii) The Order of Discontinuance shall be subject to the public notice and comment procedures set forth in ((~~SWAPCA~~)) SWCAA 400-171 (2), (3), and (4).

(iv) For sources that have ceased doing business in ((~~SWAPCA~~)) SWCAA jurisdiction, or the state of Washington, the ((~~Authority~~)) Agency shall make a reasonable effort to establish contact with the source. If the ((~~Authority~~)) Agency is unable to establish contact with the source, the ((~~Authority~~)) Agency shall issue an Order of Discontinuance via certified mail, return receipt requested, to the last known address. Lack of response by the source or return of the notification by the US Postal Service shall be considered de facto evidence that the source has discontinued operations.

(v) The source shall have 30 calendar days from the date of the final regulatory order after public notice in which to pay past due and current registration fees. If the source fails to pay current registration fees, the source or facility shall be considered discontinued and shall be required to submit a Notice of Construction application under the New Source Review procedures of ((~~SWAPCA~~)) SWCAA 400-110 prior to resuming or restarting operations.

(vi) Facilities that terminate operations and discontinue paying registration fees, and are later sold with the intent of restart, in whole or in part, shall be subject to the New Source Review requirements of ((~~SWAPCA~~)) SWCAA 400-110.

(vii) Sources that continue to operate in violation of established regulatory orders and regulations, the ((~~Authority~~)) Agency may issue an Order of Discontinuance that is effective immediately.

(h) Corrective Action Order. The ((~~Authority~~)) Agency may issue a Corrective Action Order to any source within its jurisdiction, including an unregistered source, to provide measures to correct or rectify a situation that has immediate or eminent threat to person(s) or the public or that may be in violation or have the potential of being in violation of federal, state and local regulations or may pose a threat to the public health, welfare or enjoyment of personal or public property. The Corrective Action Order may specify specific actions that must be implemented to demonstrate compliance with applicable regulations and identify dates by which these actions must be completed. All actions and dates identified in the Corrective Action Order shall be fully enforceable. Corrective Action Orders shall be issued to correct immediate problems. Corrective Action Orders shall not be subject to the public notice and comment period set forth in ((~~SWAPCA~~)) SWCAA 400-171.

(i) Administrative Order. An Administrative Order may be issued to a source by the ((~~Authority~~)) Agency to provide for implementation of items not addressed above, that are identified by the Control Officer. An Administrative Order may contain emission limits, operating and maintenance limitations and actions, schedules, resolutions by the Board of Directors, provide for establishing attainment or nonattainment boundaries, establish working relationships with other regulatory agencies, establish authority for enforcement of identified actions, and other activities identified by the ((~~Authority~~)) Agency. All Administrative Orders shall be subject to the public notice and comment procedures set forth in ((~~SWAPCA~~)) SWCAA 400-171 (2), (3), and (4).

(j) Resolutions. A Resolution may be issued by the ((~~Authority~~)) Agency as a means to document or record a Board of Directors decision, authorize or approve budget transactions, establish policies, or other actions as determined by the ((~~Authority~~)) Agency. Resolutions shall not be subject to the public notice and comment procedures set forth in ((~~SWAPCA~~)) SWCAA 400-171.

(2) The ((~~Authority~~)) Agency may take any of the following regulatory actions to enforce its regulations to meet the provisions of RCW 43.21B.300 which is incorporated herein by reference.

(a) Enforcement Actions by the ((~~Authority~~)) Agency -- Notice of Violation. At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 and 70.94.431, the ((~~Authority~~)) Agency shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this regulation, or the rule, regulation, regulatory order or permit requirement alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time. In lieu of an order, the ((~~Authority~~)) Agency may require that the alleged violator or violators appear before it for the purpose of providing the ((~~Authority~~)) Agency information pertaining to the violation or the charges complained of. Every Notice of Violation shall offer to the alleged violator an opportunity to meet with the ((~~Authority~~)) Agency prior to the commencement of enforcement action. Enforcement action may be commenced by the ((~~Authority~~)) Agency by issuance of a regulatory order as provided in ((~~SWAPCA~~)) SWCAA 400-230(1).

(b) Civil Penalties.

(i) In addition to or as an alternate to any other penalty provided by law, any person (e.g. owner, owner's agent, contractor, operator) who violates any of the provisions of Chapter 70.94 or 70.120 RCW, or any of the rules in force under such chapters may incur a civil penalty in an amount as set forth in RCW 70.94.431. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violation. Any person who fails to take action as specified by an order issued pursuant to this regulation shall be liable for a civil penalty as set forth by RCW 70.94.431 for each day of continued noncompliance.

(ii) Penalties incurred but not paid shall accrue interest, beginning on the ninety-first 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 day following final resolution of the appeal. The maximum penalty amounts established in RCW 70.94.431 may be increased annually to account for inflation as determined by the State Office of the Economic and Revenue Forecast Council.

(iii) Each act of commission or omission ((~~which~~)) that procures, aids, or abets in the violation shall be considered a 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 43.21B.300. Section 113(e)(2) of the 1990 Clean Air Act Amendments provides that the number of "days of violation" is to be counted beginning on the first proven day of violation and continuing every day until the violator demonstrates that it achieved continuous compliance, unless the violator can prove by preponderance of the evidence that there were intervening days on which no violation occurred. This definition applies to all civil and administrative penalties.

(iv) All penalties recovered under this section by the ((~~Authority~~)) Agency, shall be paid into the treasury of the ((~~Authority~~)) Agency and credited to its funds.

(v) To secure the penalty incurred under this section, the ((~~Authority~~)) Agency shall have a lien on any equipment used or operated in violation of its regulations which shall be enforced as provided in RCW 60.36.050. The ((~~Authority~~)) Agency shall also be authorized to utilize a collection agency for nonpayment of penalties and fees.

(vi) In addition to other penalties provided by this regulation, persons knowingly under-reporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments may be subject to a penalty equal to three times the amount of the original fee owed.

(3) Assurance of Discontinuance. The Control Officer may accept an assurance of discontinuance as provided in RCW 70.94.435 of any act or practice deemed in violation of this regulation as written and certified to by the source. Any such assurance shall specify a time limit during which discontinuance or corrective action is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of its regulations or any order issued thereunder which make the alleged act or practice unlawful for the purpose of securing an injunction or other relief from the Superior Court.

(4) Restraining Orders & Injunctions. 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 its regulations, the Control Officer, after 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 another appropriate order.

(5) Emergency Episodes. The ((~~Authority~~)) Agency may issue such orders as authorized by ((~~SWAPCA~~)) SWCAA 435 via Chapter 70.94 RCW, whenever an air pollution episode forecast is declared.

(6) Compliance Orders. The ((~~Authority~~)) Agency may issue a compliance order in conjunction with a Notice of Violation or when the Control Officer has reason to believe a regulation is being violated, or may be violated. The order shall require the recipient of the Notice of Violation either to take necessary corrective action or to submit a plan for corrective action and a date when such action will be initiated and completed.

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-240 Criminal Penalties

[Statutory Authority: Chapter 70.94.141 RCW, and 70.94.430 RCW. Original Board adoption 12/17/68 (Regulation 1 Sec 2.09); Amended by Board 10/29/69 (Regulation 2 Sec 2.03); Amended by Board and renumbered to 400-135 12/18/79; Amended by Board renumber to 400-210 4/17/84; Amended by Board 1/21/92, 92-04-030 filed 1/28/92; 93-21-005 filed 10/7/93, effective 11/8/93]

Persons in violation of the ((~~Authority~~)) Agency's regulations or Title 173 WAC may be subject to the provisions of RCW 70.94.430.

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-250 Appeals

[Statutory Authority: Chapter 70.94.141 RCW, and 70.94.221 RCW. Original Board adoption 12/18/79 as 400-140; Amended by Board renumbered to 400-220 4/17/84; renumbered to 400-250 93-21-005, filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95; 99-07-029 filed 3/10/99, effective 4/11/99]

(1) Any decision or regulatory order issued by the ((~~Authority~~)) Agency may be appealed to the Board of Directors as provided herein or appealed directly to the Pollution Control Hearings Board as provided by RCW 43.21B and WAC 371-08. In addition, Orders of Approval and permits issued in accordance with the PSD program may be appealed to the EPA Environmental Appeals Board, to the extent authorized in 40 CFR 124. If appealed to the Board of Directors, the procedure shall be as follows:

(a) The decision, Notice of Violation, or Order issued by the Control Officer shall become final unless, not later than 15 calendar days after the date the Order is served upon the owner or applicant, the owner or applicant petitions the Control Officer for reconsideration, with reasons for the reconsideration. If the Control Officer refuses to reconsider, the Control Officer shall so notify the owner or applicant in writing, giving reasons for the decision. Such ruling on the petition shall become final unless not later than 15 calendar days after such notice of refusal is served, the owner or applicant appeals to the Board setting forth the reasons for the appeal.

(b) The Control Officer may reverse or modify the Order and issue such an Order in replacement thereof as deemed proper. Such Order also may be appealed to the Board of Directors as in (a) above.

(c) Any failure of the Control Officer to act upon a petition for reconsideration 15 calendar days after the petition is delivered to the ((~~Authority~~)) Agency, shall be considered as a refusal to reconsider.

(d) In lieu of a petition for reconsideration, the owner or applicant may appeal directly to the Board of Directors within the time specified in (a) above.

(2) The Board shall promptly hear and consider all appeals after providing reasonable notice to the appellant. The Board shall, within 30 calendar days of the hearing sustain, reverse or modify the Order of the Control Officer as it deems proper. Such ruling of the Board shall be communicated to the appellant in writing and the appellant if aggrieved, may appeal de novo to the Pollution Control Hearings Board as provided in RCW 43.21B.230 and WAC 371-08.

(3) It is the intent of the Board in establishing this regulation concerning appeals to provide for a method of resolving issues at the ((~~Authority~~)) Agency level. Consequently, Decisions and Orders of the Control Officer on compliance, new source review, or any other matter regulated herein except violations shall not be considered as commencing any appeal period for appeals to the Pollution Control Hearings Board. Such appeal period shall commence only when the final Order is issued by the Board of Directors and served upon the person aggrieved as provided in RCW 43.21B.120.

(4) Nothing contained herein shall be construed as denying the exclusive jurisdiction of the Pollution Control Hearings Board on violations as provided by RCW 43.21B.

AMENDATORY SECTION (Amending WSR 93-21-005, filed 10/7/93, effective 11/8/93)

((~~SWAPCA~~)) SWCAA 400-260 Conflict of Interest

[Statutory Authority: Chapter 70.94.100 RCW, and 70.94.141 RCW. Original Board adoption 93-21-005 filed 10/7/93, effective 11/8/93]

All board members and officials acting or voting on decisions affecting air pollution sources, must comply with the Federal Clean Air Act, as it pertains to conflict of interest, and 40 CFR 103(d) which is incorporated by reference.

AMENDATORY SECTION (Amending WSR 95-17-084, filed 8/21/95, effective 9/21/95)

((~~SWAPCA~~)) SWCAA 400-270 Confidentiality of Records and Information

[Statutory Authority: Chapter 70.94.141 RCW, and 70.94.205 RCW. Original Board adoption 10/29/69 (Regulation 2 Sec 2.05); Amended by Board 12/18/79 recodified and removed; new section 95-17-084 filed 8/21/95, effective 9/21/95]

(1) The owner or operator (or person submitting the information) is responsible for clearly identifying the information that is considered proprietary and confidential prior to submittal to the ((~~Authority~~)) Agency. Information submitted to the ((~~Authority~~)) Agency that has not been identified as confidential at the time of submittal may not be classified as confidential at a later date.

(2) Confidential information submitted to the ((~~Authority~~)) Agency by an owner or operator shall be stamped or clearly marked in red ink at the time of submittal. Such information considered to be confidential or proprietary by the owner or operator will be handled as such, and will be maintained by the ((~~Authority~~)) Agency, to the extent that release of such information may provide unfair economic advantage or compromise processes, products, or formulations to competitors as provided under RCW 70.94.205. Requests for such information under the Freedom of Information Act shall be released only after:

(a) Legal opinion by the ((~~Authority~~)) Agency's legal counsel, and

(b) Notice to the source of the intent to either release or deny the release of information.

(3) Records or other information, other than ambient air quality data or emission data, furnished to or obtained by the ((~~Authority~~)) Agency, related to processes or production unique to the owner or operator if released to the public or to a competitor, and the owner or operator of such processes or production so certifies, such records or information shall be only for the confidential use of the ((~~Authority~~)) Agency as provided in RCW 70.94.205, Title 18 USC 1905, Section 114 of the 1990 Federal Clean Air Act Amendments, and 40 CFR 2 "Public Information".

(4) Emissions data furnished to or obtained by the ((~~Authority~~)) Agency shall be 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 ((~~Authority~~)) Agency.

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

((~~SWAPCA~~)) SWCAA 400-280 Powers of ((~~Authority~~)) Agency

[Statutory Authority: Chapter 70.94.141 RCW. 95-17-084 filed 8/21/95, effective 9/21/95; 99-07-029 filed 3/10/99, effective 4/11/99]

In addition to any other powers vested in the ((~~Authority~~)) Agency, consistent with RCW 70.94.141, the ((~~Authority~~)) Agency shall have the power to:

(1) Adopt, amend, and repeal its own rules and regulations, implementing RCW 70.94 and consistent with it, after consideration at a public hearing held in accordance with RCW 42.30. Rules and regulations shall also be adopted in accordance with the notice and adoption procedures set forth in RCW 34.05.320, those provisions of RCW 34.05.325 that are not in conflict with RCW 42.30, and with the procedures of RCW 34.05.340, 34.05.355 through 34.05.380, and with RCW 34.08, except that rules shall not be published in the Washington Administrative Code. Judicial review of rules adopted by the ((~~Authority~~)) Agency shall be in accordance with Part V of RCW 34.05.

(2) Hold hearings relating to any aspect of or matter in the administration of RCW 70.94 not prohibited by the provisions of Chapter 62, Laws of 1970 ex. sess. and in connection therewith issue subpoenas to compel the attendance of witnesses and the production of evidence, administer oaths and take the testimony of any person under oath.

(3) Issue such orders as may be necessary to effectuate RCW 70.94 and enforce the same by all appropriate administrative and judicial proceedings subject to the rights of appeal as provided in Chapter 62, Laws of 1970 ex. sess.

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

(5) Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract, or otherwise.

(6) Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution within the jurisdiction of the ((~~Authority~~)) Agency.

(7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of RCW 70.94.

(8) Encourage and conduct studies, investigations 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) Advise, consult, cooperate and contract with agencies and departments and the educational institutions of the state, other political subdivisions, industries, other states, interstate or interlocal agencies, and the United States government, and with interested persons or groups.

(11) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system, concerning the efficacy of such device or system, or the air pollution problems which may be related to the source, device or system. Nothing in any such consultation shall be construed to relieve any person from compliance with RCW 70.94, ordinances, resolutions, rules and regulations in force pursuant thereto, or any other provision of law.

(12) 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 any of the functions of RCW 70.94.

except:

(13) ((~~SWAPCA~~)) SWCAA may not hold adjudicative proceedings pursuant to the Administrative Procedures Act (RCW 34.05). Such hearings shall be held by the Pollution Control Hearings Board as provided at RCW 43.21B.240.

AMENDATORY SECTION

((~~SWAPCA~~)) SWCAA 400-290 Severability

[Statutory Authority: Chapter 70.94.141 RCW, and RCW 43.21B.001 notes. Original Board adoption 12/17/68 (Regulation 1 Sec 2.08); Amended by Board 10/29/69 (Regulation 2 Sec 2.02); Amended by Board 12/18/79 renumbered to 400-175; Amended by Board 4/17/84 removed section;]

The provisions of this regulation are severable. If any provision, meaning phrase, clause, subsection or section, or its application to any person or circumstance is held to be invalid by any court of competent jurisdiction, the application of such provision to other circumstances and the remainder of the regulation to other persons or circumstances will not be affected.

AMENDATORY SECTION (Amending WSR 99-07-029, filed 3/10/99, effective 4/11/99)

APPENDIX A

[Statutory Authority: Chapter 70.94.141 RCW. Original Board adoption - 99-07-029 filed 3/10/99, effective 4/11/99]

((~~SWAPCA~~)) SWCAA METHOD 9

VISUAL OPACITY DETERMINATION METHOD

1. Principle

The opacity of emissions from stationary sources is determined visually by a qualified observer.

2. Procedure

The observer must be certified in accordance with the provisions of Section 3 of 40 CFR Part 60, Appendix A, Method 9, as in effect on July 1, ((~~1998~~)) 2000.

2.1 Position

The observer shall stand at a distance sufficient to provide a clear view of the emissions with the sun oriented in the 140 sector to his/her back. Consistent with maintaining the above requirement, the observer shall, as much as possible, make his/her observations from a position such that his/her line of vision is approximately perpendicular to the plume direction, and when observing opacity of emissions from rectangular outlets (e.g., roof monitors, open baghouses, noncircular stacks), approximately perpendicular to the longer axis of the outlet. The observer's line of sight should not include more than one plume at a time when multiple stacks are involved, and in any case, the observer should make his/her observations with his/her line of sight perpendicular to the longer axis of such a set of multiple stacks (e.g., stub stacks on baghouses).

2.2 Field Records

The observer shall record the name of the plant, emission location, type of facility, observer's name and affiliation, a sketch of the observer's position relative to the source, and the date on a field data sheet. The time, estimated distance to the emission location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), and plume background are recorded on a field data sheet at the time opacity readings are initiated and completed.

2.3 Observations

Opacity observations shall be made at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. The observer shall not look continuously at the plume, but instead shall observe the plume momentarily at 15-second intervals.

2.3.1 Attached Steam Plumes

When condensed water vapor is present within the plume as it emerges from the emission outlet, opacity observations shall be made beyond the point in the plume at which condensed water vapor is no longer visible. The observer shall record the approximate distance from the emission outlet to the point in the plume at which the observations are made.

2.3.2 Detached Steam Plumes

When water vapor in the plume condenses and becomes visible at a distinct distance from the emission outlet, the opacity of emissions should be evaluated at the emission outlet prior to the condensation of water vapor and the formation of the steam plume.

2.4 Recording Observations

Opacity observations shall be recorded to the nearest 5 percent at 15-second intervals on a field data sheet. A minimum of 24 observations shall be recorded. Each momentary observation recorded shall be deemed to represent the average opacity of emissions for a 15-second period.

2.5 Data Reduction

The number of observation at each opacity level shall be determined and recorded on the field data sheet. Opacity shall be determined by the highest 13 observations in any consecutive 60-minute period. The opacity standard or emissions limit is exceeded if there are more than 12 observations during any consecutive 60-minute period for which an opacity greater than the standard or emission limit is recorded. The opacity standard is a 1 hour standard (rolling 60 minutes). Only one violation of the standard per hour may be recorded meaning that a violation for any given consecutive 60-minute period may be recorded in substantially fewer than 60 minutes. No one-hour time sets shall overlap for purpose of determining a violation or violations. Data used to establish a violation in one consecutive 60-minute period can not be used to establish a violation in a second consecutive 60-minute period.

3. References

Federal Register, Vol. 36, No. 247, page 24895, December 23, 1971.

"Criteria for Smoke and Opacity Training School 1970 - 1971" Oregon-Washington Air quality Committee."

"Guidelines for Evaluation of Visible Emissions" EPA 340/1-75-007."

Notes: (1) The difference between the ((~~SWAPCA~~)) SWCAA Method 9 and WDOE Method 9 or WDOE Method 9A is the ((~~SWAPCA~~)) SWCAA method does not recommend that the observer make note of the ambient relative humidity, ambient temperature, the point in the plume that the observations were made, the estimated depth of the plume at the point of observation, and the color and condition of the plume. In addition, the SWAPCA method does not recommend that pictures be taken.

(2) The difference between the ((~~SWAPCA~~)) SWCAA Method 9 and EPA Method 9 is in the data reduction section. The ((~~SWAPCA~~)) SWCAA method establishes a three-minute period in any one-hour period where opacity can not exceed an opacity limit. For the ((~~SWAPCA~~)) SWCAA method, 13 readings in a 1-hour period or less, above the established opacity limit, no matter how much, constitutes a violation. The EPA method is an arithmetic average of any 24 consecutive readings at 15-second intervals. These values are averaged and this average value cannot exceed the established opacity limit.

Subpart D	Fossil fuel-fired steam generators for which construction commenced after August 17, 1971, and prior to September 19, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts (ref. 40 CFR 60.40 et seq.)
Subpart Da	Electric utility steam generating units for which construction commenced after September 18, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts (ref. 40 CFR 60.40a et seq.)
Subpart Db	Industrial-commercial-institutional steam generating units for which construction commenced after June 19, 1984, and prior to June 19, 1986, which have a heat input greater than 29 megawatts but less than 73 megawatts (ref. 40 CFR 60.40b et seq.)
Subpart Dc	Small industrial-commercial-institutional steam generating units (ref. 40 CFR 60.40c et seq.)
Subpart E	Incinerators (ref. 40 CFR 60.50 et seq.)
Subpart Ea	Municipal waste combustors for which construction commenced after December 20, 1989 and on or before September 20, 1994 (ref. 40 CFR 60.50a et seq.)
Subpart Eb	Large Municipal waste combustors for which construction is commenced after September 20, 1994 or for which Modification of reconstruction is commenced after June 19, 1996 (ref. 40 CFR 60.50b et seq.)
Subpart Ec	Hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996 (ref. 40 CFR 60.50c et seq.)
Subpart F	Portland cement plants (ref. 40 CFR 60.60 et seq.)
Subpart G	Nitric acid plants (ref. 40 CFR 60.70 et seq.)
Subpart H	Sulfuric acid plants (ref. 40 CFR 60.80 et seq.)
Subpart I	Hotmix asphalt facilities ((~~concrete plants~~)) (ref. 40 CFR 60.90 et seq.)
Subpart J	Petroleum refineries which produce less than 25,000 barrels per day of refined products (ref. 40 CFR 60.100 et seq.)
Subpart K	Storage vessels for petroleum liquid constructed after June 11, 1973, and prior to May 19, 1978, which have a capacity greater than 40,000 gallons (ref. 40 CFR 60.110 et seq.)
Subpart Ka	Storage vessels for petroleum liquids for which constructedion, reconstruction or modification commenced after May 18, 1978, and prior to July 23, 1984 ((~~which~~)) ~~have a capacity greater than 40,000 gallons~~ (ref. 40 CFR 60.110a et seq.)
Subpart Kb	Volatile organic liquid storage vessels (including petroleum liquid storage vessels) constructed, reconstructed, or modified after July 23, 1984 (ref. 40 CFR 60.110b et seq.)
Subpart L	Secondary lead smelters (ref. 40 CFR 60.120 et seq.)
Subpart M	Brass and bronze ingot production plants (ref. 40 CFR 60.130 et seq.)
Subpart N	Iron and steel plants (ref. 40 CFR 60.140 et seq.)
Subpart O	Sewage treatment plants (ref. 40 CFR 60.150 et seq.)
Subpart P	Primary copper smelters (ref. 40 CFR 60.160 et seq.)
Subpart Q	Primary zinc smelters (ref. 40 CFR 60.170 et seq.)
Subpart R	Primary lead smelters (ref. 40 CFR 60.180 et seq.)
Subpart S	Primary aluminum reduction plants (ref. 40 CFR 60.190 et seq.)
Subpart T	Phosphate fertilizer industry: Wet process phosphoric acid plants (ref. 40 CFR 60.200 et seq.)
Subpart U	Phosphate fertilizer industry: Superphosphoric acid plants (ref. 40 CFR 60.210 et seq.)
Subpart V	Phosphate fertilizer industry: Diammonium phosphate plants (ref. 40 CFR 60.220 et seq.)
Subpart W	Phosphate fertilizer industry: Triple superphosphate plants (ref. 40 CFR 60.230 et seq.)
Subpart X	Phosphate fertilizer industry: Granular triple superphosphate storage facilities (ref. 40 CFR 60.240 et seq.)
Subpart Y	Coal preparation plants (ref. 40 CFR 60.250 et seq.)
Subpart Z	Ferroalloy production facilities (ref. 40 CFR 60.260 et seq.)
Subpart AA	Steel plants: Electric arc furnaces (ref. 40 CFR 60.270 et seq.)
Subpart AAa	Steel plants: Electric arc furnaces and argon-oxygen decarburization vessels (ref. 40 CFR 60.270a et seq.)
Subpart BB	Kraft pulp mills (ref. 40 CFR 60.280 et seq.)
Subpart CC	Glass manufacturing plants (ref. 40 CFR 60.290 et seq.)
Subpart DD	Grain elevators (ref. 40 CFR 60.300 et seq.)
Subpart EE	Industrial surface coating: metal furniture (ref. 40 CFR 60.310 et seq.)
Subpart GG	Stationary gas turbines (ref. 40 CFR 60.330 et seq.)
Subpart HH	Lime manufacturing plants (ref. 40 CFR 60.340 et seq.)
Subpart KK	Lead-acid battery plants (ref. 40 CFR 60.370 et seq.)
Subpart LL	Metallic mineral processing plants (ref. 40 CFR 60.380 et seq.)
Subpart MM	Automobile and light duty truck surface coating operations (ref. 40 CFR 60.390 et seq.)
Subpart NN	Phosphate rock plants (ref. 40 CFR 60.400 et seq.)
Subpart PP	Ammonium sulfate manufacture (ref. 40 CFR 60.420 et seq.)
Subpart QQ	Publication rotogravure printing (ref. 40 CFR 60.430 et seq.)
Subpart RR	Pressure sensitive tape and label surface coating operations (ref. 40 CFR 60.440 et seq.)
Subpart SS	Industrial surface coating: Large appliances (ref. 40 CFR 60.450 et seq.)
Subpart TT	Industrial surface coating: Metal coils (ref. 40 CFR 60.460 et seq.)
Subpart UU	Asphalt processing and asphalt roofing manufacture (ref. 40 CFR 60.470 et seq.)
Subpart VV	Synthetic Organic Chemical Manufacturing Industry equipment leaks (VOC) (ref. 40 CFR 60.480 et seq.)
Subpart WW	Beverage can surface coating operations (ref. 40 CFR 60.490 et seq.)
Subpart XX	Bulk gasoline terminals (ref. 40 CFR 60.500 et seq.)
Subpart AAA	New residential wood heaters (ref. 40 CFR 60.530 et seq.)
Subpart BBB	Rubber tire manufacturing industry (ref. 40 CFR 60.540 et seq.)
Subpart DDD	VOC emissions from the polymer manufacturing industry (ref. 40 CFR 60.560 et seq.)
Subpart FFF	Flexible vinyl and urethane coating and printing (ref. 40 CFR 60.580 et seq.)
Subpart GGG	Petroleum refineries - compressors and fugitive emission sources (ref. 40 CFR 60.590 et seq.)
Subpart HHH	Synthetic fiber production facilities (ref. 40 CFR 60.600 et seq.)
Subpart III	VOC emissions from Synthetic Organic Chemical Manufacturing Industry air oxidation unit processes (ref. 40 CFR 60.610 et seq.)
Subpart JJJ	Petroleum dry cleaners (ref. 40 CFR 60.620 et seq.)
Subpart KKK	Equipment leaks of VOC from onshore natural gas processing plants (ref. 40 CFR 60.630 et seq.)
Subpart LLL	Onshore natural gas processing; SO₂ emissions (ref. 40 CFR 60.640 et seq.)
Subpart NNN	VOC emissions from Synthetic Organic Chemical Manufacturing Industry distillation operations (ref. 40 CFR 60.660 et seq.)
Subpart OOO	Nonmetallic mineral processing plants (ref. 40 CFR 60.670 et seq.)
Subpart PPP	Wool fiberglass insulation manufacturing plants (ref. 40 CFR 60.680 et seq.)
Subpart QQQ	VOC emissions from petroleum refinery waste water emissions (ref. 40 CFR 60.690 et seq.)
Subpart RRR	Volatile organic compound emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes (ref. 40 CFR 60.700 et seq.)
Subpart SSS	Magnetic tape coating facilities (ref. 40 CFR 60.710 et seq.)
Subpart TTT	Industrial surface coating: Surface coating of plastic parts for business machines (ref. 40 CFR 60.720 et seq.)
Subpart UUU	Calciners and dryers in mineral industries (ref. 40 CFR 60.730 et seq.)
Subpart VVV	Polymeric coating of supporting substrates facilities (ref. 40 CFR 60.740 et seq.)
Subpart WWW	Municipal solid waste landfills (ref. 40 CFR 60.750 et seq.)

Washington State Code Reviser's Office