WSR 01-14-006

PERMANENT RULES

NORTHWEST AIR

POLLUTION AUTHORITY

[ Filed June 22, 2001, 10:18 a.m. ]

Date of Adoption: June 14, 2001.

Purpose: To amend sections of the NWAPA regulation to provide more clarity for users, to update state and federal regulations adopted by reference, to increase the maximum civil penalty to adjust for inflation, to modify the allowable emission rate for gasoline terminals to be consistent with federal regulations and, repeal section 452 pertaining to motor vehicles due to a lack of jurisdiction for this source category.

Citation of Existing Rules Affected by this Order: Amendatory Sections: Section 104, update state and federal regulations that are adopted by reference to include recently promulgated NSPS and NESHAP regulations. The update also includes adopting by reference 40 C.F.R. parts 72-78 of the acid rain program.

Section 133, increase the maximum civil penalty from $12,500 per day to $13,000 per day to account for inflation.

Section 200, removed definitions specific to outdoor burning. Add definitions related to new source review.

Section 300, clarify requirements for large projects and correct some references to the WAC. References to provisions in chapter 173-400 WAC shall be those as proposed in revisions from WSR 01-04-072 published on February 21, 2001.

Section 301, clarify requirements for portable or temporary sources. Identify new source review requirements for large projects proposed in nonattainment areas. References to provisions in chapter 173-400 WAC shall be those as proposed in revisions from WSR 01-04-072 published on February 21, 2001.

Section 324, clarify registration and new source review fee applicability. Add new source review fees for fuel burning sources, PSD applicability determinations and acid rain sources.

Section 580, require a more stringent VOC emission limit for gasoline terminal vapor control devices. This change reflects similar requirements for these facilities under federal NESHAP regulation 40 C.F.R. 63 subparts R and CC. Reference definitions of volatile organic compounds consistent with federal law.

Section to Repeal: Section 452, NWAPA does not have jurisdiction over motor vehicle emissions.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 01-10-071 on April 30, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

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

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 1.

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

June 21, 2001

James Randles

Director

AMENDATORY SECTION


SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES


104.1 All provisions of State Law as it now exists or may be hereafter amended, which is pertinent to the operation of the Authority, is hereby adopted by reference and made part of the Regulation of the Authority ((as of November 12, 1999)). Specifically, there is adopted by reference the Washington State Clean Air Act (RCW 70.94), the Administrative Procedures Act (RCW 34.04) and RCW 43.21A and 43.21B and the following state rules: WAC 173-400, WAC 173-401, WAC 173-405, WAC 173-406, WAC 173-410, WAC 173-415, WAC 173-420, WAC 173-421, WAC 173-422, WAC 173-425, WAC 173-430, WAC 173-433, WAC 173-434, WAC 173-435, WAC 173-450, WAC 173-460, WAC 173-470, WAC 173-474, WAC 173-475, WAC 173-480, WAC 173-481, WAC 173-490, WAC 173-491, WAC 173-492, WAC 173-495, and WAC 173-802.

104.2 All provisions of the following federal rules that are in effect as of July 1, ((1999)) 2000 are hereby adopted by reference and made part of the Regulation of the Authority ((as of November 12, 1999)): 40 CFR Part 60 (Standards of Performance For New Stationary Sources) subparts A, B, C, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, AAA, BBB, DDD, FFF, GGG, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, BBBB, CCCC, DDDD; and 40 CFR Part 61 (National Emission Standards For Hazardous Air Pollutants) Subparts A, B, C, D, E, F, H, J, L, M, N, O, P, V, Y, BB, FF and 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories) Subparts A, B, C, D, F, G, H, I, L, M, N, O, Q, R, S, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, LL, OO, PP, QQ, RR, SS, TT, UU, VV, WW, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO, PPP, TTT, VVV, XXX; and 40 CFR 72, 73, 74, 75, 76, 77 and 78 (Acid Rain Program)

Amended: April 14, 1993, September 8, 1993, December 8, 1993, October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996, March 13, 1997, May 14, 1998, November 12, 1998, November 12, 1999, June 14, 2001

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

AMENDATORY SECTION


SECTION 133 - CIVIL PENALTY


133.1 In addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of Chapter 70.94 RCW, chapter 70.120 RCW, any of the rules in force under such chapters, including the Regulation of the Northwest Air Pollution Authority shall be liable for a civil penalty in an amount of not more than ((twelve)) thirteen thousand ((five hundred)) dollars ($((12,500)) 13,000) per day per violation. Each violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation. Any person who fails to take action as specified by an order shall be liable for a civil penalty of not more than ((twelve)) thirteen thousand ((five hundred)) dollars ($((12,500)) 13,000) for each day of continued noncompliance.

AMENDED: November 14, 1984, April 14, 1993, September 8, 1993, October 13, 1994, February 8, 1996, November 12, 1998, November 12, 1999, June 14, 2001

AMENDATORY SECTION


SECTION 200 - DEFINITIONS


AMBIENT AIR MONITORING STATION - A station so designated by the Control Officer for the purpose of measuring air contaminant concentrations in the ambient air. The station location and sampling probe locations shall be designated by the Control Officer utilizing as a guide ((CFR Title)) 40 CFR Part 58, Appendix "D" Network Design and Appendix "E" Probe Siting Criteria.

ATTAINMENT AREA - Means a geographic area designated by EPA at 40 CFR Part 81 (in effect on July 1, 2000) as having attained the National Ambient Air Quality Standard for a given criteria pollutant. An area is in attainment for only the pollutants for which the area meets the NAAQS.

((LAND CLEARING BURNING - Means the burning of outdoor fires over ten (l0) feet in diameter consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation in preparation of a land improvement or construction project as distinguished from a forest harvest operation.))

((LAND CLEARING OPERATION - The removal of trees, brush, grass and buildings for disposal on the site in preparation of a land improvement or construction project as distinguished from a forest harvest operation.))

((NO BURN DAY - A day designated by the Control Officer, or other duly authorized person, on which, due to atmospheric, or other meteorological conditions, all outdoor fires are prohibited.))

NONATTAINMENT AREA - means a geographic area designated by the Environmental Protection Agency at 40 CFR Part 81 (in effect on July 1, 2000) as exceeding a National Ambient Air Quality Standard (NAAQS) for a given criteria pollutant. An area is nonattainment for only the pollutants that exceed the NAAQS.

OPERATING DAY - Means any time equipment operates within a consecutive 24-hour period.

((OUTDOOR BURNING - means the burning of any material in an open fire or in a receptacle other than an incinerator, furnace, or other combustion device approved in advance by the NWAPA.))

((RESIDENTIAL BURNING - Means small outdoor fires, at a one or two family residence, consisting of leaves, clippings, pruning and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling resulting from activities connected with said dwelling and burned on such lands by the property owner or his designee.))

((SMALL OUTDOOR FIRE - Means a fire in a pile no more than four (4) feet in diameter and three (3) feet in height.))

AMENDED: October 13, 1982, November 14, 1984, April 14, 1993, October 13, 1994, February 8, 1996, May 9, 1996, March 13, 1997, November 12, 1998, June 14, 2001

AMENDATORY SECTION


SECTION 300 - New Source Review


300.3 Except when part of a new major stationary source as defined in WAC 173-400-030 or major modification as defined in WAC 173-400-030 in a nonattainment area, the following air contaminant sources do not need to submit a "Notice of Construction and Application for Approval" approved by the Authority prior to construction, installation, establishment, or modification:

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

PASSED: November 12, 1998 Amended: November 12, 1999, June 14, 2001

AMENDATORY SECTION


SECTION 301 - ORDER OF APPROVAL - ORDER TO PREVENT CONSTRUCTION


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

a) The owner(s) or operator(s) notifies the Authority of the intent to operate within the jurisdiction of the Authority at least 15 days prior to starting operation and pays the appropriate fee identified in Section 324.1. Advanced notification may be waived by the Control Officer. Notification can be made after-the-fact for equipment utilized for emergency purposes, and

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

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

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

e) Permission to operate shall not exceed 90 operating days in any calendar year anywhere within the jurisdiction of the NWAPA. ((and)). The Authority may set specific conditions for operating during that time period. No source shall continue to operate beyond the allowable 90-day period unless an Order of Approval to Construct has been issued by the Authority. For the purpose of this section an operating day shall be considered any time equipment operates within a consecutive 24-hour period.

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

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

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

i) Relocation to a new site within the NWAPA jurisdiction requires payment of a fee in accordance with Section 324.2.

301.9 No Order of Approval to Construct shall be issued for a new major stationary source or major modification in an attainment area unless the Notice of Construction and Application for Approval demonstrates compliance with the applicable sections of WAC 173-400-113. The definition of a "major stationary source" and "major modification" for the purposes of 301.9 shall be as defined in WAC 173-400-113.

301.10 No Order of Approval to Construct shall be issued for a new major stationary source or major modification in a nonattainment area unless the Notice of Construction and Application for Approval demonstrates compliance with the applicable sections of WAC 173-400-112. The definition of a "major stationary source" and "major modification" for the purposes of 301.10 shall be as defined in WAC 173-400-112.

PASSED: November 12, 1998 Amended: March 9, 2000, June 14, 2001

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

AMENDATORY SECTION


SECTION 324 - FEES


324.1 Annual Registration Fees

a) The Authority shall levy fees as set forth in Section 324.1(b) below for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the program.

b) A source shall be assessed a late penalty in the amount of twenty-five percent (25%) of the registration fee for failure to pay the registration fee within 30 days after the due date. The late penalty shall be in addition to the registration fee.

c) Fees


REGISTERED SOURCES 1999 2000 2001 2002 2003
Wastewater treatment plants w/sludge incinerators $500 $515 $535 $555 $575
Portable or temporary sources ((asphalt plants and soil desorption units)) $300 $310 $320 $330 $340
Permanent asphalt plants and soil desorption units $600 $620 $640 $660 $680
Odor source $600 $620 $640 $660 $680
Petroleum coke handling facility $1,200 $1,240 $1,280 $1,320 $1,360
Perchloroethylene dry cleaners $150 $155 $160 $165 $170
Gasoline stations and Bulk plants $150 $155 $160 $165 $170
Chrome plating $150 $155 $160 $165 $170
Volatile organic compound storage tanks
> or = 6000 gallons, < 40,000 gallons $200 $210 $220 $230 $240
> or = 40,000 gallons $500 $515 $535 $555 $575
Other sources as determined by the Control Officer $150 $155 $160 $165 $170
FOR SOURCES NOT LISTED ABOVE:
ACTUAL EMISSIONS OF TOTAL CRITERIA AND TOXIC AIR POLLUTANTS
< 10 tons per year $150 $155 $160 $165 $170
> or = 10 tons per year, < 25 tons per year $750 $775 $800 $825 $850
> or = 25 tons per year, < 50 tons per year $1,500 $1,545 $1,595 $1,645 $1,695
> or = 50 tons per year $2,500 $2,575 $2,655 $2,735 $2,820
ADDITIONAL FEES
Each source test review required $300 $310 $320 $330 $340
Operation of a Continuous Emission or Opacity Monitor (per ((unit)) CEM or COM) $300 $310 $320 $330 $340
Each source subject to NSPS or NESHAP (per subpart) except dry cleaners, ((&)) chrome platers and portable or temporary sources $500 $515 $535 $555 $575
Synthetic minor designation $500 $515 $535 $555 $575
Odor source $600 $620 $640 $660 $680


324.2 New Source Review Fees


a) Fees


1999 2000 2001 2002 2003
Filing fee $100 $105 $110 $115 $120
NSR FEES IN ADDITION TO THE FILING FEE: for each piece of equipment or control equipment
General (not classified below) $500 $515 $535 $555 $575
Fuel Burning Equipment (as an aggregate)
> or = 0.5 MM Btu/hr, but <10 MM Btu/hr $250 $260 $270 $280 $290
> or = 10 MM Btu/hr, but <100 MM Btu/hr $1,000 $1,030 $1,065 $1,100 $1,135
> or = 100 MM Btu/hr, but <250 MM Btu/hr $10,600 $10,920 $11,250
> or = 250 MM Btu/hr, but <500 MM Btu/hr $15,920 $16,400 $16,900
> or = 500 MM Btu/hr, but <1000 MM Btu/hr $26,500 $27,350 $28,200
> or = 100 1000 MM Btu/hr $10,000 $10,300 $42,450 $43,720 $45,100
Minor Notice of Construction change $250 $260 $270 $280 $290
Asphalt plant $750 $775 $800 $825 $850
Coffee roaster $250 $260 $270 $280 $290
Dry cleaner and Chrome plater $150 $155 $160 $165 $170
Gasoline stations and Bulk plants $300 $310 $320 $330 $340
Refuse burning equipment
< 6 tons per day $1,000 $1,030 $1,065 $1,100 $1,135
> or = 6 tons per day, but < 12 tons per day $3,000 $3,090 $3,185 $3,285 $3,385
> or = 12 tons per day, but < 250 tons per day $20,000 $20,600 $21,220 $21,860 $22,520
> or = 250 tons per day $40,000 $41,200 $42,440 $43,715 $45,030
Paint spray booth $150 $155 $160 $165 $170
Volatile Organic Compounds storage tanks
< 40,000 gallons $300 $310 $320 $330 $340
> or = 40,000 gallons $1,000 $1,030 $1,065 $1,100 $1,135
Soil thermal desorption unit $750 $775 $800 $825 $850
Relocation of portable or temporary source to a new site within the NWAPA jurisdiction plant to new address $300 $310 $320 $330 $340
Other sources as determined by the Control Officer $150 $155 $160 $165 $170
ADDITIONAL FEES
Synthetic minor determination (WAC 173-400-091) $750 $775 $800 $825 $850
SEPA threshold determination (NWAPA lead agency, 14-day comment period) $250 $260 $270 $280 $290
Air toxics review $400 $415 $430 $445 $460
Major source, major modification, PSD thresholds $2,000 $2,060 $2,125 $2,190 $2,260
PSD applicability analysis $3,200 $3,300 $3,400
Each emission units subject to NSPS or NESHAPs per subpart (except dry cleaners & chrome platers) $1,000 $1,030 $1,065 $1,100 $1,135
Public notice (plus publication fee) $200 $210 $220 $230 $240
Public hearing (plus publication fee) $500 $515 $535 $555 $575
NOC applicability determination $200 $210 $220 $230 $240
Each CEM or alternate monitoring device installed $500 $515 $535 $555 $575
Each source test (per pollutant, per unit) required in NOC $500 $515 $535 $555 $575
Bubble application $1,000 $1,030 $1,065 $1,100 $1,135
Netting analysis $500 $515 $535 $555 $575
Non-exempt units under Title IV acid rain program $2500 $2600 $2700

324.3 Variance Fee. $1,000.00

324.4 Issuance of Emission Reduction Credits. $500.00

324.5 New Source Review, filing, SEPA review, emission reduction credit, and other applicable fees may be reduced at the discretion of the Control Officer by up to 75 percent for existing sources implementing pollution prevention or undertaking voluntary and enforceable emission reduction projects.

PASSED: November 12, 1998

Amended: November 12, 1999, June 14, 2001

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

REPEALER


SECTION 452 - MOTOR VEHICLE VISUAL STANDARDS

AMENDATORY SECTION


SECTION 580 - VOLATILE ORGANIC COMPOUND CONTROL


580.4 - Gasoline Loading Terminals

580.42 It shall be unlawful for any person to cause or allow the loading of gasoline into any transport tank unless all the following conditions are met:

580.421 The loading terminal shall employ submerged loading or bottom loading and be equipped with a vapor control system.

580.422 All loading lines and vapor lines shall be equipped with vapor-tight fittings which close automatically upon disconnect. The point of closure shall be on the tank side of any hose or immediate connecting line.

580.423 All vapor return lines shall be connected between the transport tank and the vapor control system such that all displaced volatile organic compounds are vented to the vapor ((recovery)) control system.

580.424 The vapor control system shall prevent the emission of at least 90 percent by weight of the volatile organic compounds and shall limit the emission of volatile organic compounds to no more than ((35)) 10 milligrams per liter of gasoline transferred. Compliance shall be demonstrated biennially by conducting emission testing according to EPA Method 25 or another method approved by the Control Officer. Thirty days advance notification is required.

580.425 The vapor control system shall be equipped with an appropriate alarm system to alert personnel when the system is not in compliance with 580.424. Prior approval by the Control Officer is required.

580.426 All loading arms shall be designed, maintained and operated to prevent overfill, prevent fugitive liquid or vapor leaks, and prevent excess gasoline drainage during disconnect in accordance with the requirements of 580.10.

PASSED: December 13, 1989

Amended: June 14, 2001

Washington State Code Reviser's Office