PROPOSED RULES
CLEAN AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: Adopt Regulation I, Section 6.01.
Revise Regulation I, Sections 1.07, 6.03, 6.04, 6.06, 6.07, 6.09, 6.10, and 9.16.
Purpose: To bring the agency's rules into conformance with the Washington Clean Air Act (chapter 70.94 RCW) and WAC 173-400-171 (public notice), and to reduce the number of permit applications for sources with a de minimis impact on air quality.
Other Identifying Information: Section 1.07 pertains to Definitions; Article 6 pertains to New Source Review; Section 9.16 pertains to Spray-Coating Operations.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: Moves pertinent definitions from Section 1.07 into Section 6.01 for better accessibility. Adds a definition for "New Source" to Section 6.01. Brings agency rules into conformance with chapter 70.94 RCW and WAC 173-400-171. Removes references to the Notice of Construction program from Section 9.16.
Reasons Supporting Proposal: RCW 70.94.153 specifies a thirty-day review period for new source review involving the replacement or substantial alteration of control equipment. Section 6.07 presently specifies a sixty-day period for all new source review.
RCW 70.94.153 also deems complete applications for such equipment to be unconditionally approved if not acted on within this thirty-day period. Section 6.07 does not presently specify this.
RCW 70.94.153 allows approval orders for such equipment to prescribe only reasonable operation and maintenance conditions. Section 6.07 presently specifies that all approval orders may contain conditions as are reasonably necessary to ensure the maintenance of compliance with applicable emission standards.
RCW 70.94.152(5) limits the review of modifications to existing sources to those individual sources proposed to be modified and the air contaminants whose emissions would increase as a result of the modification. Section 6.07 does not presently specify this.
RCW 70.94.152(9) requires the agency to notify the applicant within thirty days of receipt of an application either that it is complete or to notify the applicant of all additional information necessary to complete the application. Section 6.03 presently requires notification only for incomplete applications.
RCW 70.94.152 (1) and (11) exempt sources from new source review if they are deemed by the agency to have a de minimis impact on air quality. The agency has reviewed thousands of applications since the current list of exempt equipment was last updated in 1992. The agency has also reviewed the exemptions used by ecology, the Bay Area Air Quality Management District, and the South Coast Air Quality Management District. The agency has determined that many sources presently subject to review have a de minimis impact on air quality. In addition, the agency has determined that some new sources warrant a notification, but not a review under RCW 70.94.152.
RCW 70.94.085 allows the agency to enter into cost-reimbursement agreements with applicants for review of complex projects (requiring an Environmental Impact Statement). Section 6.04 presently does not specify this.
WAC 173-400-171 requires public notice if a 'significant net increase in emissions' of any pollutant regulated by state or federal law would result. WAC 173-400-030(74) defines a 'significant net increase in emission' to include sources with particulate matter (with an aerodynamic diameter <100 micrometers) emissions >25 tons per year. Section 6.06 presently does not specify a limit for this contaminant. Additionally, the public notice provisions in Section 6.06 pertaining to limits on potential to emit and risk analyses need to be clarified.
Many of the defined terms used in Article 6 are not intuitive. Moving these definitions from Section 1.07 to a new section in Article 6, would make them more accessible. The definition of 'new source' from RCW 70.94.030(16) would be added but no changes are proposed to the existing definitions.
RCW 70.94.152 does not authorize the agency to require a Notice of Construction for existing sources of air contaminants. Section 9.16(d) presently requires all outdoor spray-coating operations to be approved under a Notice of Construction.
Name of Agency Personnel Responsible for Drafting: Gerry Pade, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4065; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4078.
Name of Proponent: Puget Sound Clean Air Agency, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These changes would bring the agency rules into conformance with the Washington Clean Air Act (chapter 70.94 RCW) and the public notice provisions of WAC 173-400-171, and they would reduce the number of permit applications for sources with a de minimis impact on air quality. This would allow facilities to make changes more quickly and at less cost. It would also enable the agency to spend more effort on those permits needing more time, including operating permits.
The provisions of RCW 70.94.152 would be implemented for review of new sources including limiting review of modifications of existing sources to those pollutants that increase as a result of the modification, and the provision to notify applicants when their applications are complete. Specific references to the Notice of Construction program found in Regulation I, Section 9.16 (spray-coating operations) would be removed.
The provisions of RCW 70.94.153 would be implemented for review of the replacement or substantial alteration of control equipment - including the shorter review period, the default unconditional approval, and the provisions for conditioning approvals of such permits.
The authority under RCW 70.94.085 would also be implemented allowing the agency to enter into cost-reimbursement agreements with applicants for review of complex projects (requiring an EIS).
Proposal Changes the Following Existing Rules: Pertinent definitions from Section 1.07 would be deleted and moved to Article 6. The definition of New Source would be added to Article 6. References to the Notice of Construction program in Section 9.16 would be removed. Changes would be made to Article 6 as listed above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.
RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Puget Sound Clean Air Agency Offices, 110 Union Street, #500, Seattle, WA 98101, on May 10, 2001, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by May 3, 2001, TDD (800) 833-6388, or (800) 833-6385 (Braille).
Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by April 30, 2001.
Date of Intended Adoption: May 10, 2001.
March 20, 2001
Gerald S. Pade
Engineer II
AMENDATORY SECTION
SECTION 1.07 DEFINITIONS
When used herein:
(((a) ACTUAL EMISSIONS means the average rate at which the source
actually emitted air contaminants during the 2-year period
preceding a specific date, and which is representative of normal
source operations. To account for unusual circumstances such as
strikes, the Control Officer may approve or require the use of
another time period that is more representative of normal
operations than is the immediately preceding 2-year period.))
(a) (((b))) AGENCY means the Puget Sound Clean Air Agency.
(b) (((c))) AIR CONTAMINANT means dust, fumes, mist, smoke,
other particulate matter, vapor, gas, odorous substance, or any
combination thereof.
(c) (((d))) AIR POLLUTION means the presence in the outdoor
atmosphere of one or more air contaminants in sufficient
quantities and of such characteristics and duration as is, or is
likely to be, injurious to human health, plant or animal life, or
property, or which unreasonably interferes with enjoyment of life
and property. Air pollution shall not include air contaminants
emitted in compliance with chapter 17.21 RCW, the Washington
Pesticide Application Act, which regulates the application and
control of the use of various pesticides.
(((e) ALLOWABLE EMISSIONS means the emission rate calculated
using the maximum rated capacity of the source (unless the source
is subject to a federally enforceable permit that limits the
operating rate, or hours of operation, or both) and the most
stringent of the following:
(1) Any applicable standard under 40 CFR Parts 60, 61, and 63;
(2) Any applicable emission standard under Regulation I, II, or III;
(3) Any applicable State Implementation Plan emission standard, including those with a future compliance date; or
(4) Any applicable emission standard specified in an Order
of Approval or operating permit, including those with a future
compliance date.))
(d) (((f))) AMBIENT AIR means the portion of the atmosphere,
external to buildings, to which the general public has access.
(((g) BEST AVAILABLE CONTROL TECHNOLOGY means technology that will
result in an emission standard, including a visible emission
standard, based on the maximum degree of reduction which the
Agency, on a case-by-case basis, taking into account energy,
environmental, and economic impacts, and other costs, determines
is achievable for such source through application of production
processes, available methods, systems, and techniques, including
fuel cleaning or treatment, clean fuels, or innovative fuel
combustion techniques for control of each air contaminant. In no
event shall application of the best available control technology
result in emissions of any air contaminant that would exceed the
emissions allowed by any applicable standard under 40 CFR Parts
60, 61, and 63. The Agency may prescribe a design, equipment,
work practice, or operational standard, or combination thereof,
to meet the requirements of best available control technology.
Such standard shall, to the degree possible, set forth the
emission reduction achievable by implementation of such design,
equipment, work practice, or operation and shall provide for
compliance by means that achieve equivalent results.))
(e) (((h))) BOARD means the Board of Directors of the Puget
Sound Clean Air Agency.
(f) (((i))) COMBUSTIBLE REFUSE means solid or liquid combustible
waste material.
(((j) COMMENCED CONSTRUCTION means that the owner or operator has
all the necessary preconstruction approvals or permits and either
has begun, or has caused to begin, a continuous program of actual
on-site construction of the source or has entered into binding
agreements or contractual obligations to undertake construction
of the source which cannot be canceled or modified without
substantial loss to the owner or operator.))
(g) (((k))) CONTROL EQUIPMENT means any device which prevents or
controls the emission of any air contaminant.
(h) (((l))) CONTROL OFFICER means the Air Pollution Control
Officer of the Puget Sound Clean Air Agency.
(i) (((m))) EMISSION means a direct or indirect release of any
air contaminant into the ambient air.
(j) (((n))) EMISSION STANDARD means a requirement established
under the Federal Clean Air Act (FCAA) or chapter 70.94 RCW that
limits the quantity, rate, or concentration of emissions of air
contaminants on a continuous basis including any requirement
relating to the operation or maintenance of a source to assure
continuous emission reduction, and any design, equipment, work
practice, or operational standard promulgated under the FCAA or
chapter 70.94 RCW.
(k) (((o))) EQUIPMENT means any stationary or portable device
or any part thereof that emits or may emit any air contaminant
into the atmosphere.
(l) (((p))) FACILITY means the sum total of all of the
pollutant emitting activities that belong to the same industrial
grouping (as defined by major groups in the Standard Industrial
Classification Manual, NTIS Order No. PB 87-100012), are located
on one or more contiguous or adjacent properties, and are owned
or operated by the same person or persons under common control.
(m) (((q))) FUEL BURNING EQUIPMENT means equipment that produces
hot air, hot water, steam, or other heated fluids by external
combustion of fuel.
(n) (((r))) FUGITIVE DUST means particulate matter or any
visible air contaminant other than uncombined water that is not
collected by a capture system and emitted from a stack, but is
released to the atmosphere at the point of generation.
(((s) FUGITIVE EMISSION means an emission that does not pass and
that could not reasonably pass through a stack, chimney, or other
functionally equivalent opening.))
(o) (((t))) GASOLINE means a volatile organic compound having
a true vapor pressure greater than 1.5 pounds per square inch
(10.3 kPa) at 68°F (20°C), that is a liquid at a temperature of
68°F (20°C) and a barometric pressure of 29.92 inches of mercury
(101.325 kPa), and is used as a fuel for internal combustion
engines.
(p) (((u))) GASOLINE STATION means any site dispensing gasoline
into fuel tanks of motor vehicles, marine vessels, or aircraft
from stationary storage tanks.
(((v) HAZARDOUS AIR POLLUTANT means any air pollutant listed in or
pursuant to section 112(b) of the federal Clean Air Act, 42
U.S.C. §7412.
(w) INSTALLATION means the placement, assemblage, or construction of equipment or control equipment at the premises where the equipment or control equipment will be used, and includes all preparatory work at such premises.
(x) LOWEST ACHIEVABLE EMISSION RATE means that rate of emissions that reflects either the most stringent emission standard that is contained in the implementation plan of any state for such class or category of source unless the owner or operator of the proposed source demonstrates that such emission standards are not achievable, or the most stringent emission standard that is achieved in practice by such class or category of source, whichever is more stringent.
(y) MAJOR MODIFICATION means a modification of a major source that would increase the actual emissions of any air contaminant for which the area is designated nonattainment by more than the following:
Volatile Organic Compounds Nitrogen Oxides PM10 Sulfur Dioxide Lead |
100.0 40.0 40.0 15.0 40.0 0.6)) |
|
(z) MAJOR SOURCE means a facility that emits or has the potential to emit 100 tons per year or more of any air contaminant subject to regulation under the federal Clean Air Act. In determining whether the threshold defining a major source has been exceeded all fugitive emissions that can be reasonably quantified shall be included. Any emission reduction credits banked by the facility may be subtracted from this amount provided that any credits so applied are then considered to have been used.
(aa) MAJOR SOURCE OF HAZARDOUS AIR POLLUTANTS means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the U.S. EPA Administrator establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this sentence.
(bb) MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY EMISSION LIMITATION FOR NEW SOURCES means the emission limitation that is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and that reflects the maximum degree of reduction in emissions that the Agency, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source.
(cc) MODIFICATION means any physical change in, or change in the method of operation of, a source, except an increase in the hours of operation or production rates (not otherwise prohibited) or the use of an alternative fuel or raw material that the source is approved to use under an Order of Approval or operating permit, that increases the amount of any air contaminant emitted or that results in the emission of any air contaminant not previously emitted.))
(q) (((dd))) MOTOR VEHICLE means any operating vehicle or one
capable of being operated that has its own self-contained sources
of motive power, is designed for the transportation of people or
property, and is of the type for which a license is required for
operation on a highway.
(r) (((ee))) MULTIPLE CHAMBER INCINERATOR means a furnace for the
destruction of waste consisting of three or more refractory-lined
combustion chambers in series, physically separated by refractory
walls, interconnected by gas passage ports or ducts, and
employing adequate design parameters necessary for maximum
combustion of the material to be burned.
(((ff) NONATTAINMENT AREA means a geographic area designated by
the United States Environmental Protection Agency that violates a
primary or secondary national ambient air quality standard.))
(s) (((gg))) OWNER OR OPERATOR means the person who owns,
leases, supervises, or operates the equipment or control
equipment.
(t) (((hh))) PARTICULATE MATTER means any material, except water
in an uncombined form, that is, has been, or is likely to become
airborne and exists as a liquid or a solid at a temperature of
68°F (20°C) and a barometric pressure of 29.92 inches of mercury
(101.325 kPa).
(u) (((ii))) PERSON means and includes any individual, firm,
public or private corporation, association, partnership,
political subdivision, municipality, or governmental agency.
(v) (((jj))) PM10 means particulate matter with an
aerodynamic diameter less than or equal to a nominal 10
micrometers as measured by a reference method based on Appendix J
of 40 CFR Part 50 and designated in accordance with 40 CFR Part
53 or by an equivalent method designated in accordance with 40
CFR Part 53.
(((kk) POTENTIAL TO EMIT means the maximum capacity of a facility
to emit an air contaminant under its physical and operational
design. Any physical or operational limitation on the capacity
of the facility to emit an air contaminant, including control
equipment and restrictions on the hours of operation or on the
type or amount of material combusted, stored, or processed, shall
be treated as part of its design only if the limitation or the
effect it would have on emissions is federally enforceable.))
(w) (((ll))) REASONABLY AVAILABLE CONTROL TECHNOLOGY means the lowest
emission standard that a particular source or source category is
capable of meeting by the application of control technology that
is reasonably available considering technological and economic
feasibility. Reasonably available control technology is
determined on a case-by-case basis for an individual source or
source category taking into account the impact of the source upon
air quality, the availability of additional controls, the
emission reduction to be achieved by additional controls, the
impact of additional controls on air quality, and the capital and
operating costs of the additional controls.
(x) (((mm))) REFUSE BURNING EQUIPMENT means equipment employed to
burn any solid or liquid combustible refuse.
(y) (((nn))) SOURCE means a building, structure, equipment,
control equipment, or facility that emits or may emit any air
contaminant into the atmosphere.
(((oo) STANDARD CONDITIONS means a temperature of 68°F and a
barometric pressure of 29.92 inches of mercury.
(pp) TOTAL ALLOWABLE EMISSIONS means allowable emissions, including the emissions from all Orders of Approval issued to the facility since the designation of nonattainment that were not major modifications, and all fugitive emissions that can be reasonably quantified.))
(z) (((qq))) TOXIC AIR CONTAMINANT or TAC means an air contaminant
listed in Appendix A of Regulation III.
(aa) (((rr))) TRUE VAPOR PRESSURE means the equilibrium partial
pressure of an organic liquid (determined by methods described in
American Petroleum Institute Bulletin 2517, "Evaporative Loss
from External Floating Roof Tanks", May 1996).
(bb) (((ss))) URBANIZED AREA means those portions of King,
Pierce, Kitsap, and Snohomish Counties designated as urbanized
areas by the U.S. Department of Commerce, Bureau of the Census.
(cc) (((tt))) VOLATILE ORGANIC COMPOUND or VOC means an organic
compound that participates in atmospheric photochemical
reactions. This excludes all compounds determined to have
negligible photochemical reactivity by the U.S. Environmental
Protection Agency and listed in 40 CFR 51.100(s) in effect July
1, 1998.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Puget Sound Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
REGULATION I SECTION 6.01 DEFINITIONS
In addition to the definitions in Section 1.07 of this
regulation, as used herein:
(a) ACTUAL EMISSIONS means the average rate at which the source actually emitted air contaminants during the 2-year period preceding a specific date, and which is representative of normal source operations. To account for unusual circumstances such as strikes, the Control Officer may approve or require the use of another time period that is more representative of normal operations than is the immediately preceding 2-year period.
(b) ALLOWABLE EMISSIONS means the emission rate calculated using the maximum rated capacity of the source (unless the source is subject to a federally enforceable permit that limits the operating rate, or hours of operation, or both) and the most stringent of the following:
(1) Any applicable standard under 40 CFR Parts 60, 61, and 63;
(2) Any applicable emission standard under Regulation I, II, or III;
(3) Any applicable State Implementation Plan emission standard, including those with a future compliance date; or
(4) Any applicable emission standard specified in an Order of Approval or operating permit, including those with a future compliance date.
(c) BEST AVAILABLE CONTROL TECHNOLOGY means technology that will result in an emission standard, including a visible emission standard, based on the maximum degree of reduction which the Agency, on a case-by-case basis, taking into account energy, environmental, and economic impacts, and other costs, determines is achievable for such source through application of production processes, available methods, systems, and techniques, including fuel cleaning or treatment, clean fuels, or innovative fuel combustion techniques for control of each air contaminant. In no event shall application of the best available control technology result in emissions of any air contaminant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. The Agency may prescribe a design, equipment, work practice, or operational standard, or combination thereof, to meet the requirements of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means that achieve equivalent results.
(d) COMMENCED CONSTRUCTION means that the owner or operator has all the necessary preconstruction approvals or permits and either has begun, or has caused to begin, a continuous program of actual on-site construction of the source or has entered into binding agreements or contractual obligations to undertake construction of the source which cannot be canceled or modified without substantial loss to the owner or operator.
(e) CONTROL EQUIPMENT means any device which prevents or controls the emission of any air contaminant.
(f) EQUIPMENT means any stationary or portable device or any part thereof that emits or may emit any air contaminant into the atmosphere.
(g) FUGITIVE EMISSION means an emission that does not pass and that could not reasonably pass through a stack, chimney, or other functionally equivalent opening.
(h) HAZARDOUS AIR POLLUTANT means any air pollutant listed in or pursuant to section 112(b) of the federal Clean Air Act, 42 U.S.C. §7412.
(i) LOWEST ACHIEVABLE EMISSION RATE means that rate of emissions that reflects either the most stringent emission standard that is contained in the implementation plan of any state for such class or category of source unless the owner or operator of the proposed source demonstrates that such emission standards are not achievable, or the most stringent emission standard that is achieved in practice by such class or category of source, whichever is more stringent.
(j) MAJOR MODIFICATION means a modification of a major source that would increase the actual emissions of any air contaminant for which the area is designated nonattainment by more than the following:
| Air Contaminant | Tons/Year | |
| Carbon Monoxide Volatile Organic Compounds Nitrogen Oxides PM10 Sulfur Dioxide Lead |
100(( 40(( 40(( 15(( 40(( 0.6 |
|
(k) MAJOR SOURCE means a facility that emits or has the potential to emit 100 tons per year or more of any air contaminant subject to regulation under the federal Clean Air Act. In determining whether the threshold defining a major source has been exceeded all fugitive emissions that can be reasonably quantified shall be included. Any emission reduction credits banked by the facility may be subtracted from this amount provided that any credits so applied are then considered to have been used.
(l) MAJOR SOURCE OF HAZARDOUS AIR POLLUTANTS means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the U.S. EPA Administrator establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this sentence.
(m) MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY EMISSION LIMITATION FOR NEW SOURCES means the emission limitation that is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and that reflects the maximum degree of reduction in emissions that the Agency, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source.
(n) MODIFICATION means any physical change in, or change in the method of operation of, a source, except an increase in the hours of operation or production rates (not otherwise prohibited) or the use of an alternative fuel or raw material that the source is approved to use under an Order of Approval or operating permit, that increases the amount of any air contaminant emitted or that results in the emission of any air contaminant not previously emitted.
(o) NEW SOURCE means the construction or modification of a source that increases the amount of any air contaminant emitted by such source or that results in the emission of any air contaminant not previously emitted, and any other project that constitutes a new source under the federal Clean Air Act.
(p) NONATTAINMENT AREA means a geographic area designated by the United States Environmental Protection Agency that violates a primary or secondary national ambient air quality standard.
(q) POTENTIAL TO EMIT means the maximum capacity of a facility to emit an air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of the facility to emit an air contaminant, including control equipment and restrictions on the hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable.
(r) REASONABLY AVAILABLE CONTROL TECHNOLOGY means the lowest emission standard that a particular source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. Reasonably available control technology is determined on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls.
(s) SOURCE means a building, structure, equipment, control equipment, or facility that emits or may emit any air contaminant into the atmosphere.
(t) TOTAL ALLOWABLE EMISSIONS means allowable emissions, including the emissions from all Orders of Approval issued to the facility since the designation of nonattainment that were not major modifications, and all fugitive emissions that can be reasonably quantified.
AMENDATORY SECTION
REGULATION I SECTION 6.03 NOTICE OF CONSTRUCTION
(a) It shall be unlawful for any person to cause or allow
the ((construction, installation,)) establishment((, or
modification)) of ((an air contaminant)) a new source, or the
replacement or substantial alteration of control equipment
installed on an existing source, ((except those sources that are
excluded in Section 6.03(b),)) unless a "Notice of Construction
((and Application for Approval))" has been filed ((with and
approved by the Agency.)) and an "Order of Approval" has been
issued under Section 6.07 of this regulation. The exemptions in
Sections 6.03 (b) and (c) of this regulation shall not apply to:
(1) Any project that qualifies as construction, reconstruction, or modification of an affected facility within the meaning of 40 CFR Part 60 (New Source Performance Standards), except for Subpart AAA (New Residential Wood Heaters), Subpart BB (Kraft Pulp Mills), Subpart S (Primary Aluminum Reduction Plants), and Subpart JJJ (Petroleum Dry Cleaners); and for relocation of affected facilities under Subpart I (Hot Mix Asphalt Facilities) and Subpart OOO (Nonmetallic Mineral Processing Plants) for which an Order of Approval has been previously issued by the Agency;
(2) Any project that qualifies as a new or modified source within the meaning of 40 CFR 61.02 (National Emission Standards for Hazardous Air Pollutants) except for asbestos demolition and renovation projects subject to 40 CFR 61.145;
(3) Any new source as defined under 40 CFR 63.2 (National Emission Standards for Hazardous Air Pollutants), except for Subpart M (National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities), and Subpart LL (Primary Aluminum Reduction Plants);
(4) Any new major source, even if a combination of exempt equipment;
(5) Any new major source of hazardous air pollutants;
(6) Any major modification of a major source, including those subject to the Prevention of Significant Deterioration requirements under WAC 173-400-113;
(7) Any Phase II acid rain facility; and
(8) Any source previously exempted from review that is cited by the Agency for causing a public nuisance under Section 9.11 of this regulation.
(b) Prior Notification is required; however a Notice of Construction and an Order of Approval are not required for the following sources:
Liquid Storage and Transfer
(1) Storage tanks used exclusively for:
(A) Gasoline and having a rated capacity of 1,000-20,000 gallons, PROVIDED THAT they are installed in accordance with the California Air Resources Board Executive Orders;
(B) Organic liquids with a true vapor pressure of 2.2-4.0 psia and having a rated capacity of 20,000-40,000 gallons; or
(C) Organic liquids with a true vapor pressure of 0.5-0.75 psia and having a rated capacity ≥40,000 gallons.
(2) Loading and unloading equipment used exclusively for the storage tanks exempted above, including gasoline dispensers at gasoline stations.
Relocation of Portable Batch Plants
(3) Relocation of the following portable facilities: asphalt batch plants, nonmetallic mineral processing plants, rock (or concrete) crushers, and concrete batch plants for which an Order of Approval has been previously issued by the Agency. A copy of the Order of Approval is required in order to use this exemption.
Dry Cleaning
(4) Unvented, dry-to-dry, dry-cleaning equipment that is equipped with refrigerated condensers to recover the cleaning solvent.
Printing
(5) Non-heatset, web offset presses and wholesale, sheet-fed offset presses (lithographic or letterpress) using exclusively soy-based or kerosene-like oil-based inks, fountain solutions with ≤6% VOC by volume or ≤8.5% if refrigerated to <60°F, and cleaning solvents with a vapor pressure ≤25mm Hg or a VOC content ≤30% by volume.
Water Treatment
(6) Industrial and commercial wastewater evaporators (except flame impingement) used exclusively for wastewater generated on-site that meets all discharge limits for disposal into the local municipal sewer system (including metals, cyanide, fats/oils/grease, pH, flammable or explosive materials, organic compounds, hydrogen sulfide, solids, and food waste). A letter from the local sewer district documenting compliance is required in order to use this exemption.
Sanding Equipment
(7) Sanding equipment controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for mechanical or manual cleaning) or <12:1 (for pulse-jet cleaning).
Ventilation and Control Equipment
(8) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for mechanical or manual cleaning) or <12:1 (for pulse-jet cleaning).
Miscellaneous
(9) Any source that has been determined through review by the Control Officer not to warrant a Notice of Construction because it has a de minimis impact on air quality and does not pose a threat to human health or the environment.
(c) A Notice of Construction is not required for the following sources (provided that sufficient records are kept to document the exemption):
Combustion
(10) Fuel burning equipment (except when combusting pollutants generated by a non-exempt source) having a rated capacity:
(A) <10 million Btu per hour heat input burning exclusively distillate fuel oil, natural gas, propane, butane (or any combination thereof);
(B) <0.5 million Btu per hour heat output burning waste-derived fuel (including fuel oil not meeting the specifications in Section 9.08 of this regulation); or
(C) <1 million Btu per hour heat input burning any other fuel.
(11) All stationary gas turbines with a rated heat input <10 million Btu per hour.
(12) Stationary internal combustion engines having a rated capacity:
(A) <50 horsepower output;
(B) Used solely for instructional purposes at research, teaching, or educational facilities; or
(C) Portable or standby units operated <200 hours per year (plus an additional 100 hours per year for maintenance and testing), PROVIDED THAT they are not operated at a facility with a power supply contract that offers a lower rate in exchange for the power supplier's ability to curtail energy consumption with prior notice.
(13) Relocation of portable, stationary internal combustion engines or gas turbines for which an Order of Approval has been previously issued by the Agency.
(14) All nonroad compression ignition engines subject to 40 CFR Part 89.
Metallurgy
(15) Crucible furnaces, pot furnaces, or induction furnaces with a capacity ≤1,000 pounds, PROVIDED THAT no sweating or distilling is conducted, and PROVIDED THAT only precious metals, or an alloy containing >50% aluminum, magnesium, tin, zinc, or copper is melted.
(16) Crucible furnaces or pot furnaces with a capacity ≤450 cubic inches of any molten metal.
(17) Ladles used in pouring molten metals.
(18) Foundry sand-mold forming equipment.
(19) Shell core and shell-mold manufacturing machines.
(20) Molds used for the casting of metals.
(21) Die casting machines with a rated capacity ≤1,000 pounds that are not used for copper alloys.
(22) Equipment used for heating metals immediately prior to forging, pressing, rolling, or drawing, if any combustion equipment is also exempt.
(23) Forming equipment used exclusively for forging, rolling, or drawing of metals, if any combustion equipment is also exempt.
(24) Heat treatment equipment used exclusively for metals, if any combustion equipment is also exempt.
(25) Equipment used exclusively for case hardening, carburizing, cyaniding, nitriding, carbonitriding, siliconizing, or diffusion treating of metals, if any combustion equipment is also exempt.
(26) Atmosphere generators used in connection with metal heat-treating processes.
(27) Sintering equipment used exclusively for metals other than lead, PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.
(28) Welding equipment and oxygen/gaseous fuel cutting equipment.
(29) Soldering or brazing, or equipment, including brazing ovens.
(30) Equipment used exclusively for surface preparation, passivation, deoxidation, and/or stripping that uses materials containing ≤50 grams of VOC per liter, or containing exclusively formic acid, acetic acid, phosphoric acid, sulfuric acid, ≤12% hydrochloric acid, alkaline oxidizing agents, hydrogen peroxide, salt solutions, sodium hydroxide, and/or water and associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment. (This exemption does not include anodizing, hard anodizing, chemical milling, circuit board etching using ammonia-based etchant, electrocleaning, or the stripping of chromium, except sulfuric acid and/or boric acid anodizing with a total bath concentration of ≤20% by weight and using ≤10,000 amp-hours per day, or phosphoric acid anodizing with a bath concentration of ≤15% by weight of phosphoric acid and using ≤20,000 amp-hours per day.)
(31) Equipment used exclusively for electrolytic plating (except the use of chromic and/or hydrochloric acid) or electrolytic stripping (except the use of chromic, hydrochloric, nitric, or sulfuric acid) of brass, bronze, copper, iron, tin, zinc, precious metals, and associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment.
Ceramics and Glass
(32) Kilns used for firing ceramic-ware or artwork, if any combustion equipment is also exempt.
(33) Porcelain enameling furnaces, porcelain enameling drying ovens, vitreous enameling furnaces, or vitreous enameling drying ovens, if any combustion equipment is also exempt.
(34) Hand glass melting furnaces, electric furnaces, and pot furnaces with a capacity ≤1,000 pounds of glass.
(35) Heat-treatment equipment used exclusively for glass, if any combustion equipment is also exempt.
(36) Sintering equipment used exclusively for glass PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.
Plastics and Rubber and Composites
(37) Equipment used exclusively for conveying and storing plastic pellets.
(38) Extrusion equipment used exclusively for extruding rubber or plastics where no organic plasticizer is present, or for pelletizing polystyrene foam scrap.
(39) Equipment used for extrusion, compression molding, and injection molding of plastics, PROVIDED THAT the VOC content of all mold release products or lubricants is ≤1% by weight.
(40) Injection or blow-molding equipment for rubber or plastics, PROVIDED THAT no blowing agent other than compressed air, water, or carbon dioxide is used.
(41) Presses or molds used for curing, post-curing, or forming composite products and plastic products, PROVIDED THAT no VOC or chlorinated blowing agent is present.
(42) Presses or molds used for curing or forming rubber products and composite rubber products with a ram diameter ≤26 inches, PROVIDED THAT it is operated at ≤400°F.
(43) Ovens used exclusively for the forming of plastics or composite products, where no foam-forming or expanding process is involved, if any combustion equipment is also exempt.
(44) Ovens used exclusively for the curing of vinyl plastisols by the closed-mold curing process, if any combustion equipment is also exempt.
(45) Equipment used exclusively for softening or annealing plastics, if any combustion equipment is also exempt.
(46) Hot wire cutting of expanded polystyrene foam and woven polyester film.
(47) Mixers, roll mills, and calendars for rubber or plastics where no material in powder form is added and no organic solvents, diluents, or thinners are used.
Material Working and Handling
(48) Equipment used for buffing (except tire buffers), polishing, carving, cutting, drilling, grinding, machining, planing, pressing, routing, sawing, stamping, or turning of wood, ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, fiberboard, masonry, glass, silicon, semiconductor wafers, carbon, or graphite.
(49) Hand-held sanding equipment.
(50) Sanding equipment controlled by a fabric filter with an airflow of <2000 cfm.
(51) Equipment used exclusively for shredding of wood (e.g., tub grinders, hammermills, hoggers), or for extruding, pressing, handling, or storage of wood chips, sawdust, or wood shavings.
(52) Paper shredding and associated conveying systems and baling equipment.
(53) Hammermills used exclusively to process aluminum and/or tin cans.
(54) Tumblers used for the cleaning or deburring of metal products without abrasive blasting.
Abrasive Blasting
(55) Portable abrasive blasting equipment used at a temporary location to clean bridges, water towers, buildings, or similar structures, PROVIDED THAT any blasting with sand (or silica) is performed with ≥66% by volume water.
(56) Portable vacuum blasting equipment using steel shot and vented to a fabric filter.
(57) Hydroblasting equipment using exclusively water as the abrasive.
(58) Abrasive blasting cabinets vented to a fabric filter, PROVIDED THAT the total internal volume of the cabinet is ≤100 cubic feet.
(59) Shot peening operations, PROVIDED THAT no surface material is removed.
Cleaning
(60) Non-refillable, hand-held aerosol spray cans of solvent.
(61) Steam-cleaning equipment.
(62) Unheated liquid solvent tanks used for cleaning or drying parts:
(A) With a solvent capacity ≤2 gallons;
(B) Using a solvent with a true vapor pressure ≤0.6 psi containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof; or
(C) With a remote reservoir and using a solvent containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetra-chloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof.
Coating, Resin, and Adhesive Application
(63) Powder-coating equipment.
(64) Portable coating equipment and pavement stripers used exclusively for the field application of architectural coatings and industrial maintenance coatings to stationary structures and their appurtenances or to pavements and curbs.
(65) High-volume low-pressure (HVLP) spray-coating equipment having a cup capacity ≤8 fluid ounces, PROVIDED THAT it is not used to coat >9 square feet per day and is not used to coat motor vehicles or aerospace components.
(66) Airbrushes having a cup capacity ≤2 fluid ounces and an airflow of 0.5-2.0 cfm.
(67) Hand-held aerosol spray cans having a capacity of ≤1 quart of coating.
(68) Spray-coating equipment used exclusively for application of automotive undercoating materials with a flash point >100°F.
(69) Ovens associated with an exempt coating source, if any combustion equipment is also exempt.
(70) Radiation-curing equipment using ultraviolet or electron beam energy to initiate a chemical reaction forming a polymer network in a coating.
(71) Hand lay, brush, and roll-up resins equipment and operations.
(72) Equipment used exclusively for melting or applying of waxes or natural and synthetic resins.
(73) Hot-melt adhesive equipment.
(74) Any adhesive application equipment that exclusively uses materials containing <1% VOC by weight and <0.1% HAP.
(75) Equipment used exclusively for bonding of linings to brake shoes, where no organic solvents are used.
Printing
(76) Retail, sheet-fed, non-heatset offset presses (lithographic or letter-press).
(77) Presses using exclusively UV-curable inks.
(78) Presses using exclusively plastisols.
(79) Presses using exclusively water-based inks (<1.5 lb VOC per gallon, excluding water, or <10% VOC by volume) and cleaning solvents without VOC.
(80) Presses used exclusively for making proofs.
(81) Electrostatic, ink jet, laser jet, and thermal printing equipment.
(82) Ovens used exclusively for exempt printing presses, if any combustion equipment is also exempt.
Photography
(83) Photographic process equipment by which an image is reproduced upon material sensitized by radiant energy, excluding equipment using perchloroethylene.
Liquid Storage and Transfer
(84) Storage tanks permanently attached to a motor vehicle.
(85) Storage tanks used exclusively for:
(A) Liquefied gases, including any tanks designed to operate in excess of 29.7 psia without emissions;
(B) Asphalt at a facility other than an asphalt roofing plant, asphalt processing plant, or petroleum refinery;
(C) Any liquids (other than asphalt) that also have a rated capacity <1,000 gallons;
(D) Organic liquids (other than gasoline or asphalt) that also have a rated capacity <20,000 gallons;
(E) Organic liquids (other than asphalt) with a true vapor pressure <2.2 psia (e.g., ASTM spec. fuel oils and lubricating oils) that also have a rated capacity <40,000 gallons;
(F) Organic liquids (other than asphalt) with a true vapor pressure <0.5 psia that also have a rated capacity ≥40,000 gallons;
(G) Sulfuric acid or phosphoric acid with an acid strength ≤99% by weight;
(H) Nitric acid with an acid strength ≤70% by weight;
(I) Hydrochloric acid or hydrofluoric acid tanks with an acid strength ≤30% by weight;
(J) Aqueous solutions of sodium hydroxide, sodium hypochlorite, or salts, PROVIDED THAT the surface of the solution contains ≤1% VOC by weight;
(K) Liquid soaps, liquid detergents, vegetable oils, fatty acids, fatty esters, fatty alcohols, waxes, and wax emulsions;
(L) Tallow or edible animal fats intended for human consumption and of sufficient quality to be certifiable for United States markets;
(M) Water emulsion intermediates and products, including latex, with a VOC content ≤5% by volume or a VOC composite partial pressure of ≤0.1 psi or less at 68°F; or
(N) Wine, beer, or other alcoholic beverages.
(86) Loading and unloading equipment used exclusively for the storage tanks exempted above.
(87) Loading and unloading equipment used exclusively for transferring liquids or compressed gases into containers having a rated capacity <60 gallons, except equipment transferring >1,000 gallons per day of liquid with a true vapor pressure >0.5 psia.
(88) Equipment used exclusively for the packaging of sodium hypochlorite-based household cleaning or pool products.
Mixing
(89) Mixing equipment, PROVIDED THAT no material in powder form is added and the mixture contains <1% VOC by weight.
(90) Equipment used exclusively for the mixing and blending of materials at ambient temperature to make water-based adhesives.
(91) Equipment used exclusively for the manufacture of water emulsions of waxes, greases, or oils.
(92) Equipment used exclusively for the mixing and packaging of lubricants or greases.
(93) Equipment used exclusively for manufacturing soap or detergent bars, including mixing tanks, roll mills, plodders, cutters, wrappers, where no heating, drying, or chemical reactions occur.
(94) Equipment used exclusively to mill or grind coatings and molding compounds in a paste form, PROVIDED THAT the solution contains <1% VOC by weight.
(95) Batch mixers with a rated working capacity ≤55 gallons.
(96) Batch mixers used exclusively for the manufacture of paints, varnishes, lacquers, enamels, shellacs, printing inks, or sealers, PROVIDED THAT the mixer is equipped with a lid that contacts ≥90% of the rim.
Water Treatment
(97) Oil/water separators, except those at petroleum refineries.
(98) Water cooling towers and water cooling ponds not used for evaporative cooling of process water, or not used for evaporative cooling of water from barometric jets or from barometric condensers, and in which no chromium compounds are contained.
(99) Equipment used exclusively to generate ozone and associated ozone destruction equipment for the treatment of cooling tower water or for water treatment processes.
(100) Municipal sewer systems, including wastewater treatment plants and lagoons, PROVIDED THAT they do not use anaerobic digesters or chlorine sterilization. This exemption does not include sewage sludge incinerators.
(101) Soil and groundwater remediation projects involving <15 pounds per year of benzene or vinyl chloride, and <500 pounds per year of perchloroethylene.
Landfills and Composting
(102) Passive aeration of soil, PROVIDED THAT the soil is not being used as a cover material at a landfill.
(103) Closed landfills that do not have an operating, active landfill gas collection system.
(104) Non-commercial composting.
Agriculture, Food, and Drugs
(105) Equipment used in agricultural operations, in the growing of crops, or the raising of fowl or animals.
(106) Insecticide, pesticide, or fertilizer spray equipment.
(107) Equipment used in retail establishments to dry, cook, fry, bake, or grill food for human consumption, including charbroilers, smokehouses, barbecue units, deep fat fryers, cocoa and nut roasters, but not including coffee roasters.
(108) Cooking kettles (other than deep frying equipment) and confection cookers where all the product in the kettle is edible and intended for human consumption.
(109) Bakery ovens with a total production of yeast leavened bread products <10,000 pounds per operating day, if any combustion equipment is also exempt.
(110) Equipment used to dry, mill, grind, blend, or package <1000 tons per year of dry food products such as seeds, grains, corn, meal, flour, sugar, and starch.
(111) Equipment used to convey, transfer, clean, or separate <1000 tons per year of dry food products or waste from food production operations.
(112) Storage equipment or facilities containing dry food products that are not vented to the outside atmosphere, or that handle <1000 tons per year.
(113) Equipment used exclusively to grind, blend, package, or store tea, cocoa, spices, coffee, flavor, fragrance extraction, dried flowers, or spices, PROVIDED THAT no organic solvents are used in the process.
(114) Equipment used to convey or process materials in bakeries or used to produce noodles, macaroni, pasta, food mixes, and drink mixes where products are edible and intended for human consumption, PROVIDED THAT no organic solvents are used in the process. This exemption does not include storage bins located outside buildings.
(115) Brewing operations at facilities producing <3 million gallons per year of beer.
(116) Fermentation tanks for wine (excluding tanks used for the commercial production of yeast for sale).
(117) Equipment used exclusively for tableting, or coating vitamins, herbs, or dietary supplements, PROVIDED THAT no organic solvents are used in the process.
(118) Equipment used exclusively for tableting or packaging pharmaceuticals and cosmetics, or coating pharmaceutical tablets, provided no organic solvents are used.
Quarries, Nonmetallic Mineral Processing Plants, and
Concrete and Asphalt Batch Plants
(119) Portable sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers ≤150 tons per hour.
(120) Fixed sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers ≤25 tons per hour.
(121) Common clay plants and pumice plants with a cumulative rated capacity of all initial crushers of ≤10 tons per hour.
(122) Mixers and other ancillary sources at concrete batch plants (or aggregate product production facilities) with a rated capacity <15 cubic yards per hour.
(123) Concrete mixers with a rated working capacity of ≤1 cubic yard.
(124) Drilling or blasting.
(125) Asphaltic concrete crushing/recycling equipment with a throughput <5000 tons per year.
Construction
(126) Asphalt paving application.
(127) Asphalt (hot-tar) roofing application.
(128) Building construction or demolition, except that notification of demolitions is required under Section 4.03 of Regulation III.
Ventilation and Control Equipment
(129) Comfort air-conditioning systems, or ventilating systems (forced or natural draft), PROVIDED THAT they are not designed or used to remove air contaminants generated by, or released from, sources subject to Notice of Construction.
(130) Refrigeration units, except those used as, or in conjunction with, air pollution control equipment.
(131) Refrigerant recovery and/or recycling units, excluding refrigerant reclaiming facilities.
(132) Emergency ventilation systems used exclusively to contain and control emissions resulting from the failure of a compressed gas storage system.
(133) Emergency ventilation systems used exclusively to scrub ammonia from refrigeration systems during process upsets or equipment breakdowns.
(134) Negative air machines equipped with HEPA filters used to control asbestos emissions from demolition/renovation activities.
(135) Portable control equipment used exclusively for storage tank degassing.
(136) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow <2000 cfm.
(137) Control equipment used exclusively for sources that are exempt from Notice of Construction under Section 6.03(c).
(138) Routine maintenance, repair, or similar parts replacement of control equipment.
Testing and Research
(139) Laboratory testing and quality assurance/control testing equipment used exclusively for chemical and physical analysis, teaching, or experimentation, including non-production bench scale research equipment.
Miscellaneous
(140) Single-family and duplex dwellings.
(141) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment, if any combustion equipment used to power such equipment is also exempt.
(142) Equipment, including dryers, used exclusively for dyeing, stripping, or bleaching of textiles where no organic solvents, diluents, or thinners are used, if any combustion equipment used to power such equipment is also exempt.
(143) Chemical vapor sterilization equipment where no ethylene oxide is used, and with a chamber volume of ≤2 cubic feet used by healthcare facilities.
(144) Ozone generators that produce <1 pound per day of ozone.
(145) Fire extinguishing equipment.
(d) Each Notice of Construction and Section 6.03(b) Notification shall be submitted on forms provided by the Agency and shall be accompanied by the appropriate fee as required by Section 6.04 of this regulation. Each Notice of Construction shall also include any additional information required to demonstrate that the source will meet the requirements of Section 6.07 of this regulation. Each Notice of Construction for which the Agency is the lead agency under the State Environmental Policy Act (Chapter 197-11 WAC) shall include an environmental checklist and any additional information required to make a threshold determination. Each Notice of Construction for which another agency is the lead agency under SEPA shall include their final Determination of Nonsignificance or Final Environmental Impact Statement.
(e) Within 30 days of receipt of a Notice of Construction or Section 6.03(b) Notification, the Agency shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application.
(((b) Except when part of a new major source or major
modification in a nonattainment area, or when constructing or
reconstructing a major source of hazardous air pollutants, the
following air contaminant sources do not need a "Notice of
Construction and Application for Approval" approved by the Agency
prior to construction, installation, establishment, or
modification:
(1) Ventilating systems, including fume hoods, not designed to prevent or reduce air contaminant emissions.
(2) Fuel burning equipment that has a maximum input rate of:
(A) less than 0.5 million Btu per hour (0.15 million joules per second) burning waste-derived fuel; or
(B) less than 10 million Btu per hour (3 million joules per second) burning natural gas, propane, or butane; or
(C) less than 1 million Btu per hour (0.3 million joules per second) burning any other fuel.
(3) Insecticide, pesticide, or fertilizer spray equipment.
(4) Internal combustion engines less than the size thresholds of the proposed United States Environmental Protection Agency (EPA) New Source Performance Standards (NSPS) 40 CFR Part 60 Subpart FF (Stationary Internal Combustion Engines, 44 FR 43152 7/23/79) or the promulgated EPA NSPS 40 CFR Part 60 Subpart GG (Stationary Gas Turbines).
(5) Laboratory equipment used exclusively for chemical or physical analyses.
(6) Laundry dryers without control equipment.
(7) Dryers or ovens used solely to accelerate evaporation.
(8) Routing, turning, carving, cutting, and drilling equipment used for metal, wood, plastics, rubber, leather, or ceramics which does not release air contaminants to the ambient air.
(9) Storage tanks:
(A) that do not store substances capable of emitting air contaminants; or
(B) with a rated capacity of 1,000 gallons (3,780 liters) or less used for storage of gasoline; or
(C) with a rated capacity of less than 10,000 gallons (38,000 liters) used for storage of volatile organic compounds; or
(D) with a rated capacity of less than 40,000 gallons (150,000 liters) used for storage of volatile organic compounds with a true vapor pressure less than 0.01 kPa (0.002 psia).
(10) Sanitary or storm drainage systems.
(11) Welding, brazing, or soldering equipment.
(12) Asphalt roofing and laying equipment (not including manufacturing or storage).
(13) Restaurants and other retail food-preparing establishments.
(14) Cold solvent cleaners using a solvent with a true vapor pressure less than or equal to 4.2 kPa (0.6 psia).
(15) Retail printing operations (not including web presses).
(16) Blasting equipment used at a temporary location to clean bridges, water towers, buildings, or similar structures.
(17) Spray-coating operations exempt under Section 9.16 (b)(1), (3), (4), (5), and (6) of this regulation.
(18) Any source that has been determined through review by the Control Officer not to warrant a "Notice of Construction and Application for Approval", due to the minimal amount and nature of air contaminants produced and potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property. The owner or operator shall submit to the Control Officer, the information necessary to make this determination. The Control Officer shall notify the owner or operator in writing whether a "Notice of Construction and Application for Approval" is required for the source.
(c) Each Notice of Construction and Application for Approval shall be submitted on forms provided by the Agency and shall be accompanied by a set of plans that fully describes the proposed source, the means for prevention or control of the emissions of air contaminants, the appropriate fee as required by Section 6.04, and any additional information required by the Board or Control Officer to demonstrate that the proposed source will meet the requirements of Section 6.07.
(d) Within 30 days of receipt of a Notice of Construction and Application for Approval, the Agency shall notify the applicant in writing if any additional information is necessary to complete the application.))
AMENDATORY SECTION
SECTION 6.04 NOTICE OF CONSTRUCTION ((REVIEW)) FEES
(a) A Notice of Construction ((and Application for
Approval)) is incomplete until the Agency has received a fee as
shown below:
General (not classified below) for each Piece of Equipment or Control Equipment . . . . . . . . . . . . $500
Section 6.03(b) Notification . . . . . . . . . . . . $100
((Minor NOC Change . . . . . . . . . . . . $500
NOC Applicability Determination . . . . . . . . . . . . $200
Relocation of Previously Permitted Portable Source to a New
Address, except soil thermal desorption units . . . . . . . . . . . . $500
Asphalt Concrete Plant . . . . . . . . . . . . $1,000
Coffee Roaster . . . . . . . . . . . . $1,000))
Composting Facility . . . . . . . . . . . . $2,500
((Dry Cleaner (per machine) . . . . . . . . . . . . $300
Gasoline Station . . . . . . . . . . . . $500))
Landfill Gas System . . . . . . . . . . . . $2,500
Refuse Burning Equipment: (rated capacity)
12 tons per day or less . . . . . . . . . . . . $5,000
greater than 12 tons per day but less than 250 tons per day . . . . . . . . . . . . $20,000
250 tons per day or greater . . . . . . . . . . . . $50,000
((Spray-Painting Operation (per booth) . . . . . . . . . . . . $500
Storage Tanks excluding those at gasoline stations: (gallons)
less than 20,000 . . . . . . . . . . . . $300
20,000 or more . . . . . . . . . . . . $1,000))
Soil Thermal Desorption Unit (initial) . . . . . . . . . . . . $3,000
Relocation of Approved Desorption Unit to New Address . . . . . . . . . . . . $1,000
Additional Charges:
SEPA Threshold Determination . . . . . . . . . . . . $250
Air Toxics Review (under Regulation III, Section 2.07 (c)(2)) . . . . . . . . . . . . $500
Air Toxics Review (under Regulation III, Section 2.07 (c)(3)) . . . . . . . . . . . . $5,000
Major Source, Major Modification, or Emission Increases
greater than Prevention of Significant Deterioration
Thresholds (see Regulation I, Section 6.07(d)) . . . . . . . . . . . . $5,000
Construction or Reconstruction of a Major Source of
Hazardous Air Pollutants (see Regulation I, Section 6.07(f)) . . . . . . . . . . . . $2,500
Opacity/Grain Loading Correlation . . . . . . . . . . . . $5,000
Emissions Units Subject to an NSPS or NESHAP
(except residential wood heaters, asbestos renovation or
demolition, and perchloroethylene dry cleaning) . . . . . . . . . . . . $1,000
Public Notice (plus publication fees) . . . . . . . . . . . . $500
(b) The Control Officer is authorized to enter into a
written cost-reimbursement agreement with an applicant for review
of complex projects, as provided in 70.94.085 RCW.
AMENDATORY SECTION
SECTION 6.06 PUBLIC NOTICE
(a) The Agency shall provide public notice for any proposed
Order of Approval if:
(1) The proposed installation or modification would increase the emissions of any air contaminant by more than the following:
| Air Contaminant | Tons/Year |
| Carbon Monoxide . . . . . . . . . . . . 100(( VOC . . . . . . . . . . . . 40(( Nitrogen Oxides . . . . . . . . . . . . 40(( Particulate Matter . . . . . . . . . . . . 25 PM10 . . . . . . . . . . . . 15(( Sulfur Dioxide . . . . . . . . . . . . 40(( Lead . . . . . . . . . . . . 0.6 Fluorides . . . . . . . . . . . . 3(( Sulfuric Acid . . . . . . . . . . . . 7(( Total Reduced Sulfur . . . . . . . . . . . . 10(( |
|
(3) The applicant requests to bank emission reduction credits;
(4) The applicant requests approval of a risk analysis under Section 6.07 (e)(2) of this regulation;
(5) The ((proposed installation or modification is))
proposal involves construction or reconstruction of a major
source of hazardous air pollutants subject to the requirements in
Section 6.07(f) of this regulation;
(6) The proposed ((installation or modification)) new source
involves refuse burning equipment; or
(7) The Control Officer determines that there may be substantial public interest in the proposal.
(b) Public notice shall be published in a newspaper of general circulation in the area of the proposed project and shall include the following:
(1) The name and address of the owner or operator and the facility;
(2) A brief description of the proposal;
(3) The locations at which copies of the preliminary determination and a summary of information considered in making such preliminary determination are available for public inspection;
(4) The deadline for submitting written comment; and
(5) That a public hearing may be held if the Agency determines within a 30-day period that significant public interest exists.
(c) Notice shall also be sent to the U.S. Environmental Protection Agency Regional Administrator.
(d) The cost of providing public notice shall be borne by the applicant.
(e) The Agency shall not make a final decision on any application 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 30-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.
(f) The applicant, any interested governmental entity, any group, or any person may request a public hearing within the 30-day period published as provided above. Any such request shall indicate the interest of the entity filing it and why a hearing is warranted. The Agency may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held upon such notice and at a time and place as the Agency deems reasonable. The Agency shall provide at least 30 days prior notice of any hearing.
AMENDATORY SECTION
SECTION 6.07 ORDER OF APPROVAL - ORDER TO PREVENT CONSTRUCTION
(a) Within 60 days of receipt of a complete Notice of
Construction ((and Application for Approval)) for a new source,
or within 30 days for replacement or substantial alteration of
control equipment, or as promptly as possible after the close of
the public comment period if subject to the public notice
requirements of Section 6.06 of this Regulation, the ((Board or
Control Officer)) Agency shall issue an Order of Approval or
notify the applicant of an intent to disapprove the application
in accordance with Section 6.07(h). Any Notice of Construction
application for the replacement or substantial alteration of
control equipment shall be deemed to be approved without
conditions if the Agency takes no action within 30 days of
receipt of a complete application. A person seeking approval to
construct or modify a source that requires an operating permit
may elect to integrate review of the operating permit application
or amendment required by Article 7 of this Regulation provided
that any such application shall be processed in accordance with
the operating permit program procedures and deadlines.
(b) An Order of Approval for a new source may provide such
conditions ((of operation)) as are reasonably necessary to
((assure)) ensure the maintenance of compliance with chapter 70.94 RCW and the ((all)) applicable ((emission standards)) rules
and regulations adopted under that chapter. New source review of
a modification shall be limited to the individual sources
proposed to be modified and the air contaminants whose emissions
would increase as a result of the modification. An Order of
Approval for replacement or substantial alteration of control
equipment may prescribe reasonable operation and maintenance
conditions.
(c) No Order of Approval shall be issued unless the Notice
of Construction ((and Application for Approval)) demonstrates to
the Board or Control Officer that:
(1) The operation of the source at the location proposed will not cause or contribute to a violation of an ambient air quality standard;
(2) The source will meet the requirements of all applicable emission standards;
(3) Best available control technology is employed for the installation of new sources and the modification of existing sources; and
(4) Reasonably available control technology is employed for the replacement or substantial alteration of existing control equipment.
(d) No Order of Approval shall be issued for a new major
source in a nonattainment area or a major modification in a
nonattainment area unless the Notice of Construction ((and
Application for Approval)) also demonstrates to the Board or
Control Officer that:
(1) For those air contaminants for which the area is designated nonattainment, lowest achievable emission rate is employed for each new source at a new major source, and each new or modified source involved in a major modification;
(2) All existing major sources owned or operated by the applicant in the state of Washington are in compliance with all applicable emission standards under the federal Clean Air Act or are on an approved compliance schedule;
(3) Offsets in the form of emission reduction credits (banked pursuant to Section 6.08 of this Regulation) in an amount greater than or equal to 1.10 times the proposed total allowable emissions from the new major source, or the increase from current actual emissions to the proposed total allowable emissions for a major modification, have been obtained from sources in the same nonattainment area and occur by the time the new major source or major modification begins operation; and
(4) The benefits of the proposed new major source or major modification significantly outweigh the environmental and social costs imposed as a result of its location, installation, or modification. (This demonstration, which shall include an analysis of alternative sites, sizes, production processes, and environmental control techniques, may be in the form of an environmental impact statement prepared under the State Environmental Policy Act or the National Environmental Policy Act.)
(e) No Order of Approval shall be issued for a new or
modified source of toxic air contaminants, except for sources
exempted by Section 2.01 of Regulation III, unless the Notice of
Construction ((and Application for Approval)) demonstrates to the
Board or Control Officer that:
(1) The toxic air contaminant emissions from the source will not result in the exceedance of any acceptable source impact level listed in Appendix A of Regulation III; or
(2) The emissions from the source will not cause air pollution. This demonstration shall be performed in accordance with Section 2.07 of Regulation III and requires approval from the Department of Ecology.
(f) No Order of Approval shall be issued for the
construction or reconstruction (as defined in 40 CFR section
63.41) of a major source of hazardous air pollutants, excluding
sources listed below in Section 6.07 (f)(1) and (2), unless the
Notice of Construction ((and Application for Approval))
demonstrates to the Board or Control Officer that the maximum
achievable control technology emission limitation for new sources
is employed. Maximum achievable control technology shall be
determined in accordance with principles in 40 CFR section
63.43(d).
(1) Major sources of hazardous air pollutants specifically regulated or exempted under a standard issued pursuant to sections 112 (d), (h), or (j) of the federal Clean Air Act and incorporated in 40 CFR Part 63; or
(2) Major sources listed in 40 CFR sections 63.40 (c), (e), or (f).
(g) An Order of Approval shall expire unless the owner or operator has commenced construction of the source within 18 months of the date of its issuance or if construction is discontinued for a period of more than 18 months.
(h) An Intent to Disapprove an Application and any subsequent Order to Prevent Construction shall set forth the grounds on which the Intent to Disapprove or Order is based with references to the provisions of this Regulation that would not be met. A final Order to Prevent Construction shall be issued unless, no later than 60 days after the date the Intent to Disapprove is served, the applicant petitions for reconsideration of the Intent to Disapprove, setting forth the reasons for the reconsideration. The Control Officer shall consider the petition, and shall within 30 days of receipt of the petition, issue an Order of Approval or final Order to Prevent Construction, setting forth the reasons for disapproval.
AMENDATORY SECTION
SECTION 6.09 NOTICE OF COMPLETION
Within 30 days of completion of the installation or
modification of an air contaminant source subject to the
provisions of Section ((6.03)) 6.07 of this regulation, the owner
or operator or applicant shall file a Notice of Completion with
the Agency. Each Notice of Completion shall be submitted on a
form provided by the Agency, and shall specify the date upon
which operation of the source has commenced or will commence.
AMENDATORY SECTION
SECTION 6.10 WORK DONE WITHOUT AN APPROVAL
Where work for which ((a Notice of Construction)) an Order
of Approval is required is commenced or performed prior to making
application and receiving approval, the Control Officer may
conduct an investigation as part of the Notice of Construction
review. In such a case, an investigation fee, in addition to the
fees of Section 6.04, shall be assessed in an amount equal to 3
times the fees of Section 6.04. Payment of the fees does not
relieve any person from the requirement to comply with the
regulations nor from any penalties for failure to comply.
AMENDATORY SECTION
SECTION 9.16 SPRAY-COATING OPERATIONS
(a) Applicability. This section applies to spray-coating
operations at facilities subject to Article 5 (Registration)((,
Article 6 (New Source Review),)) or Article 7 (Operating Permits)
of this regulation, where a coating that protects or beautifies a
surface is applied with spray-coating equipment.
(b) Exemptions. The following activities are exempt from the provisions of Sections 9.16 (c) and (d) of this regulation. Persons claiming any of the following spray-coating exemptions shall have the burden of demonstrating compliance with the claimed exemption.
(1) Application of architectural or maintenance coatings to stationary structures (e.g., bridges, water towers, buildings, stationary machinery, or similar structures);
(2) Aerospace coating operations subject to 40 CFR Part 63, Subpart GG. This includes all activities and materials listed in 40 CFR 63.741(f);
(3) Use of high-volume, low-pressure (HVLP) spray guns when:
(A) spray-coating operations do not involve motor vehicles or motor vehicle components;
(B) the gun cup capacity is 8 fluid ounces or less;
(C) the spray gun is used to spray-coat less than 9 square feet per day per facility;
(D) coatings are purchased in containers of 1 quart or less; and
(E) spray-coating is allowed by fire department, fire marshal, or other government agency requirements.
(4) Use of air-brush spray equipment with 0.5 to 2.0 CFM airflow and a maximum cup capacity of 2 fluid ounces;
(5) Use of hand-held aerosol spray cans with a capacity of 1 quart or less; or
(6) Indoor application of automotive undercoating materials using organic solvents having a flash point in excess of 100°F.
(c) General Requirements for Indoor Spray-Coating Operations. It shall be unlawful for any person subject to the provisions of this section to cause or allow spray-coating inside a structure, or spray-coating of any motor vehicles or motor vehicle components, unless the spray-coating is conducted inside an enclosed spray area. The enclosed spray area shall employ either properly seated paint arresters, or water-wash curtains with a continuous water curtain to control the overspray. All emissions from the spray-coating operation shall be vented to the atmosphere through an unobstructed vertical exhaust vent.
(d) General Requirements for Outdoor Spray-Coating
Operations. ((After January 1, 2000, it)) It shall be unlawful
for any person subject to the provisions of this section to cause
or allow spray-coating outside an enclosed structure unless
reasonable precautions are employed to minimize the overspray.
Reasonable precautions include, but are not limited to the use of
((such spray-coating operations are approved in a notice of
construction permit issued in accordance with Article 6 of this
regulation. The following minimum requirements for outdoor
spray-coating operations will be included in all such notice of
construction permits)):
(1) Enclosures and curtailment during high winds
((Reasonable methods to confine overspray to the property where
the spray-coating is being conducted shall be used (e.g., tarps,
shrink wrap, mobile enclosure, or similar methods for control of
overspray))); and
(2) ((High-transfer efficiency spray equipment that
minimizes overspray shall be used (e.g., HVLP, low-volume,
low-pressure (LVLP), electrostatic, or air-assisted airless).))
High-volume low-pressure (HVLP), low-volume low-pressure (LVLP),
electrostatic, or air-assisted airless spray equipment. Airless
spray equipment may be used where low viscosity and high solid
coatings preclude the use of higher-transfer efficiency spray
equipment.
(e) Compliance with Other Regulations. Compliance with this
regulation does not exempt any person from compliance with
Regulation I, Section((s)) 9.11 ((and 9.15)) and all other
applicable regulations including those of other agencies.