WSR 02-21-082

PERMANENT RULES

YAKIMA REGIONAL

CLEAN AIR AUTHORITY

[ Filed October 18, 2002, 9:29 a.m. , effective December 1, 2002 ]

Date of Adoption: October 9, 2002.

Purpose: Amendment 1 conforms Regulation 1 to chapter 173-400 WAC by repealing inconsistent sections and definitions. It is also part of a Department of Ecology state and local rule making to submit all new source review rules to the state implementation plan (SIP) for federal enforceability by the U.S. Environmental Protection Agency.

Citation of Existing Rules Affected by this Order: Repealing Sections 2.04, 3.01, 3.11, and 4.02, and Appendices D and K, Regulation 1 of the YRCAA; and amending Appendix A, Regulation 1 of the YRCAA.

Statutory Authority for Adoption: FCAA of 1990, Section 110.

Adopted under notice filed as WSR 02-17-80 [02-17-080] on August 19, 2002.

Changes Other than Editing from Proposed to Adopted Version: Signature page - added "Recommend Approval" signature and "Date." Adoption history table - added adopted October 9, 2002, and effective date December 1, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 6; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 6.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: December 1, 2002.

October 16, 2002

Les Ornelas

Air Pollution Control Officer

REGULATION 1 OF THE YRCAA

Amendment 1, Adopted - October 9, 2002

Recommend Approval Les Ornelas October 9, 2002
Les Ornelas, Air Pollution Control Officer Date

Repealed and amended as defined below this 9th day of October 2002 by the Board of Directors, Yakima Regional Clean Air Authority


Yakima, Washington

Thomas W. Gasseling

Chairperson


James M. Lewis

Member


Ronald F. Gamache

Member


John Puccinelli

Member


Judy Boekholder

Member




REPEALED


The following sections of Regulation 1 adopted March 8, 2000 are repealed:


Section Section Title
2.04 Public Participation
3.01 Emission Standards
3.11 Monitoring, Recordkeeping, and Reporting
4.02 New Source Review

The following appendices of Regulation 1 adopted March 8, 2000 are repealed:


Appendix Appendix Title
D Measurable Emissions Standards for Various Sources
K New Source Review Application Information



AMENDED


Appendix A, Definitions, adopted March 8, 2000 is amended.


ADOPTION HISTORY

REGULATION 1 OF THE YAKIMA REGIONAL CLEAN AIR AUTHORITY



Amend.

No.

Dates Action Sections/

Appendix

Comments
Adopted Effective
N/A March 8, 2000 May 1, 2000 Adoption of Regulation 1 All Initial local adoption.
Amend. - 1 October 9, 2002 December 1. 2002 Repeal sections and appendices in full. 2.04 Replaced by WAC 173-400-171 for all public participation except for air operating permits. Public participation for air operating permits is replaced by WAC 173-401, Part IX.
3.01 Replaced by Chap. 173-400 WAC & RCW 70.94.640 & 645.
3.11 Replaced by Chap. 173-400 WAC.
4.02 Replaced by Chap. 173-400 WAC.
app. D Replaced by Chap. 173-400 WAC and 40 CFR Parts 51, 60, 61, & 63.
app. K Replaced by WAC 173-400-110 and WAC 173-460-150 & 160.
Amend. - 1 October 9, 2002 December 1, 2002 Removes definitions included in chap. 173-400 WAC, and makes minor edits. app. A. Replaced by definitions in WAC 173-400-030, 112, & 113



TABLE OF CONTENTS
Section

Number

Section

Title

Page Number
ARTICLE 1 GENERAL ADMINISTRATIVE PROVISIONS
1.01

1.02

1.03

1.04

1.05

1.06

1.07

1.08

1.09

NAME OF AUTHORITY

SHORT TITLE

POLICY

GENERAL APPLICABILITY

ROLES AND RESPONSIBILITIES

RECORDS

GENERAL PROVISIONS

EFFECTIVE DATE

REVOCATIONS

1 - 1

1 - 1

1 - 1

1 - 2

1 - 2

1 - 3

1 - 4

1 - 6

1 - 6

ARTICLE 2 GENERAL REGULATIONS
2.01

2.02

2.03

2.04

2.05

AIR POLLUTION CONTROL OFFICER

AUTHORITY TO COLLECT FEES

APPLICABLE STATE AND FEDERAL REGULATIONS

PUBLIC PARTICIPATION - Repealed

APPEALS

2 - 1

2 - 2

2 - 3

2 - 4

2 - 6

ARTICLE 3 RULES
3.00

3.01

3.02

3.03

3.04

3.05

3.06

3.07

3.08

3.09

3.10

3.11

GENERAL RULES

EMISSION STANDARDS - Repealed

EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

OUTDOOR AND AGRICULTURAL BURNING

WOOD HEATERS

BURN BANS

STRATOSPHERIC OZONE-DEPLETING CHEMICALS

ASBESTOS CONTROL

SPECIFIC DUST CONTROLS

MOBILE SOURCE EMISSIONS (Reserved for later use)

GENERAL RULES FOR MINOR SOURCES (Reserved for later use)

MONITORING, RECORDKEEPING AND REPORTING - Repealed

3 - 1

3 - 3

3 - 8

3 - 11

3 - 35

3 - 36

3 - 38

3 - 39

3 - 46

3 - 49

3 - 49

3 - 49

ARTICLE 4 PERMITS AND REGISTRATION
4.00

4.01

4.02

4.03

4.04

4.05

4.06

4.07

REQUIREMENTS COMMON TO ALL PERMITS (Reserved for later use)

REGISTRATION PROGRAM

NEW SOURCE REVIEW - Repealed

NEW SOURCE REVIEW FOR TOXIC AIR POLLUTANTS (Reserved for later use)

AIR OPERATING PERMITS

VOLUNTARY LIMITS ON EMISSIONS

EMISSION REDUCTION AND CREDIT BANKING (Reserved for later use)

ADMINISTRATIVE PERMITS

4 - 1

4 - 1

4 - 5

4 - 12

4 - 12

4 - 13

4 - 14

4 - 14

ARTICLE 5 COMPLIANCE AND ENFORCEMENT
5.00

5.01

5.02

GENERAL INFORMATION

ADDITIONAL OR ALTERNATIVE ENFORCEMENT ACTIONS

PENALTIES

5 - 1

5 - 1

5 - 2

APPENDICES
A

B

C

D

E

F

G

H

I

J

K

L

DEFINITIONS - Amended

LIST OF ACRONYMS AND ABBREVIATIONS

SUBJECT INDEX (Reserved for later use)

MEASURABLE EMISSIONS STANDARDS FOR VARIOUS SOURCES -Repealed

CROSS REFERENCE BETWEEN THE RESTATED REG. I OF 1995 AND REGULATION 1

Reserved for later use

REGISTRATION INFORMATION

LEGAL LAND DESCRIPTIONS

MAPS

ERC DISCOUNTING FACTORS (Reserved for later use)

NEW SOURCE REVIEW APPLICATION INFORMATION - Repealed

HAZARDOUS AIR POLLUTANTS

A - 1

B - 1

C - 1

D - 1

E - 1

F - 1

G - 1

H - 1

I - 1

J - 1

K - 1

L - 1

INDEX OF TABLES
Table Number Table

Name

Page Numbers
ARTICLE 1 GENERAL ADMINISTRATIVE PROVISIONS
None
ARTICLE 2 GENERAL REGULATIONS
None
ARTICLE 3 RULES
3.02-1 PCE Dry Cleaner Source Categories 3 - 8
3.02-2 PCE Dry Cleaner Venting and Leak Inspection Requirements 3 - 9
3.03-1 Limited Exemptions, Types of Permitting, and Specific Requirements for All Types of Burning 3 - 19 & 20
3.03-2 Forms of Delegation for All Types of Burning 3 - 21 & 22
3.03-3 Notification Requirements Before Burning 3 - 23 & 24
3.05-1 Ambient Air Threshold Levels for an Impaired Air Quality Condition 3 - 37
3.05-2 Outdoor and Agricultural Burning and Wood Heater Use Permitted During Burn Bans 3 - 38
3.11-1 Source Categories which Require Continuous Emissions Monitoring - Repealed 3 - 55
3.11-2 Source Categories Exempt from Continuous Emissions Monitoring - Repealed 3 - 55
ARTICLE 4, PERMITS AND REGISTRATION
4.01-1 Criteria for Defining Exempt Sources 4 - 2
4.01-2 Significant Pollutant Emission Levels 4 - 4
4.02-1 Exemption Threshold Table - Repealed 4 - 7
4.02-2 Threshold Emission Levels for New or Modified Sources Upwind from Nonattainment Areas -Repealed 4 - 9
ARTICLE 5 COMPLIANCE AND ENFORCEMENT
None
APPENDICES
K-1 Class A Toxic Air Pollutants, Known, Probable, and Potential Human Carcinogens -Repealed K - 4
K-2 Class A Toxic Air Pollutants with Established ASILs - Repealed K- 10
K-3 Class A Toxic Air Pollutants with Special ASILs - Repealed K - 13
K-4 Class B Toxic Air Pollutants - Repealed K - 14
INDEX OF GENERAL RULE PERMITS
Number Name Page Number
3.03-1 Structural Fire Training Outside of Urban Growth Areas 3 - 25
3.03-2 Wildland Training Fires 3 - 27
3.03-3 Flammable Liquid Training Fires 3 - 29
3.03-4 Other Training Fires 3 - 31
3.03-5 Large Recreational Fires 3 - 33
MAPS
Name Page Number
Woodsmoke Control Zone I-2
Yakima Urban Area I-3
Yakima CO Nonattainment Area I-4
Yakima PM10 Nonattainment Area I-5


APPENDIX A

Definitions of Words and Phrases


This appendix contains a list of definitions for words and phrases used in more than one section of the regulation. Defined words or phrases are identified with "(App. A)" in the text. The source of the definition is identified in italics. The definitions for terms not found in this appendix are in chap. 173-400 WAC.


Adequate Source of Heat (WAC 173-433-030(1)) - The ability to maintain 70F (App. B) at a point three feet above the floor in all normally inhabited areas of the dwelling.


Agricultural Burning (WAC 173-430-030(1)) - The burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, or where identified as a best management practice by the agricultural burning practices and research task force established in RCW 70.94.650 or other authoritative source on agricultural practices.

Agricultural Operation (WAC 173-430-030(2)) - A farmer who can substantiate that the operation is commercial agriculture by showing the most recent year's IRS (App. B) schedule F form or proof that the land is designated in a classification for agricultural use. It also includes burning conducted by irrigation district or drainage district personnel as part of water system management.


Ag Task Force
(WAC 173-430-030(3)) - The state agricultural burning practices and research task force.


Air Pollution Episode - A period when a forecast, alert, warning, or emergency air pollution stage is declared, as stated in chap. 173-435 WAC.


Authority - The Yakima Regional Clean Air Authority.


Best Management Practice (BMP) (WAC 173-430-030(4)) - The criteria established by the state ag task force.


Board
- The Board of Directors of the Yakima Regional Clean Air Authority


Burn Bans - Periods when ecology or the authority determine air contaminant levels are approaching or have reached a level which is harmful to public health or safety. Outdoor burning, agricultural burning, and burning with wood or coal heaters are severely curtailed during these periods.


Ceremonial Fires
- Fires necessary for Native American ceremonies (i.e. conducted by and for Native Americans) if part of a religious ritual.


Construction/Demolition Debris - All material resulting from the construction, renovation, or demolition of buildings, roads, and other man-made structures.


Control Apparatus - Any device which prevents or controls the emission of any air contaminant


Corrective Action Order - An order issued by the authority for the purpose of causing a person to be in compliance with cited authority, state, or federal laws and regulations. The order will specify actions to be taken within a specific time.


Daylight Hours - 30 minutes before and 30 minutes after the published sunrise and sunset times in a newspaper of general circulation in the area.


De Minimis - The minimum threshold levels that exempts sources or source categories from complying with specific requirements.


DEQ Phase 2 Woodstove (WAC 173-433-150 (1)(c)) - A woodstove meeting the "Oregon Department of Environmental Quality Phase 2" emissions standards contained in Subsections (2) and (3) of Section 340-21-115, and certified in accordance with "Oregon Administrative Rules, Chapter 340, Division 21 - Woodstove Certification" dated November 1984.


Eight Hours (WAC 173-435-020(5)) - Any consecutive eight hours starting at any clock hour.


EPA Certified Woodstove (WAC 173-433-030(2)) - A woodstove that meets the emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by the EPA (App. B) under 40 CFR Part 60, Subpart AAA (App. B) - Standards of Performance for Residential Wood Heaters as amended through July 1, 1990.


EPA Exempted Device - A device that is not required to be tested under 40 CFR Part 60, Subpart AAA.


Equipment - Any stationary or portable device or any part thereof capable of causing the emission of any air contaminant into the ambient air.


Farmer (WAC 173-430-030(7)) - Any person engaged in the business of growing or producing for sale upon their own lands, or upon the land in which they have a present right of possession, any agricultural product. Farmer does not mean persons using such products as ingredients in a manufacturing process, or persons growing or producing such products primarily for their own consumption.


Fire Department - Fire control agency such as city fire departments, local fire districts or the DNR (App. B).


Fire Fighting Training Fires - Fires for the instruction in methods of fire fighting, including but not limited to training to fight structural fires, aircraft crash rescue fires, and forest fires.


Fireplace (RCW 70.94.453(3)) - Any permanently installed masonry fireplace; or any factory-built metal solid fuel burning device designed to be used with an open combustion chamber and without features to control the air to fuel ratio.


Firewood - Bare untreated wood used as fuel in a wood heater, solid fuel burning device, ceremonial fire, or a recreational fire.


First Stage of Impaired Air Quality - Can be declared by the authority when PM10 is at an ambient level of 60 µg/m3 (App. B) of air measured on a 24 hour average, or when CO (App. B) is at an ambient level of eight ppm of contaminant of air by volume measured on an eight-hour average.


Furnace (40 CFR 60.531) - A solid fuel burning appliance that is designed to be located outside of ordinary living areas and that warms spaces other than the space where the appliance is located, by the distribution of air heated in the appliance through ducts. The appliance must be tested and listed as a furnace under accepted American or Canadian safety testing codes unless exempted from this provision by the EPA. A manufacturer may request an exemption in writing from the EPA by stating why the testing and listing requirement is not practicable and demonstrating that his appliance is otherwise a furnace.


Garbage - Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking or serving of food.


Hazardous Air Pollutant - Any air pollutant listed in accordance with section 112(b), FCAA (App. B).


Home Barbecues - A small wood, charcoal, LP (App. B) gas, or natural gas fire for the purpose of cooking.


Hour (WAC 173-435-020(4)) - A 60 minute period, beginning and ending on a clock hour.


Impaired Air Quality - A first or second stage impaired air quality condition declared by ecology or the authority in accordance with WAC 173-433-140.


Land Clearing Burning - Outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land clearing projects (i.e. projects that clear the land surface so it can be developed, used for a different purpose, or left unused).



Maximum Available Control Technology (MACT) - A standard developed for the control of hazardous air pollutant emissions from specific source categories regulated under 40 CFR Part 63. The full definitions for MACT for existing sources, MACT for new sources, and MACT floor are in 40 CFR 63.51.


Minor Source - Any stationary source which is not a major stationary source (App. A).


Natural Vegetation - Unprocessed plant material from herbs, shrubbery, and trees, including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps, and trunk wood.


New Wood Stove (RCW 70.94.453(4)) - A wood stove or wood heater that is sold at retail, bargained, exchanged, or given away for the first time by the manufacturer, the manufacturer's dealer or agency, or a retailer; and has not been so used to have become what is commonly known as "second hand" within the ordinary meaning of that term.


Nuisance - An emission of smoke or any other air pollutant that unreasonably interferes with the use or enjoyment of the property upon which it is deposited.


Order - An order issued by ecology or the authority under chap. 70.94 RCW (App. B), including, but not limited to RCW 70.94.332, RCW 70.94.152, RCW 70.94.153, and RCW 70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action order, order of approval, and regulatory order.


Other Outdoor Burning - Any type of outdoor burning not specified in WAC 173-425-020 including, but not limited to, any outdoor burning necessary to protect public health and safety.


Outdoor Burning WAC 173-425-030(16)) - The combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion. For the purposes of this regulation, "outdoor burning" includes all types of outdoor burning except agricultural burning and silvicultural burning.


Pellet Stove (WAC 173-433-030(6)) - A pellet stove with an air-to-fuel ratio > (App. B) 35.0 when tested by an accredited laboratory in accordance with methods and procedures specified by the EPA in 40 CFR Part 60 Appendix A, Reference Method 28A - Measurement of Air to Fuel Ratio and Minimum Achievable Burn Rates for Wood-fired Appliances as amended through July 1, 1990.


Rare and Endangered Plant Regeneration Fires (WAC 173-425-030(19)) - Fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified in chap. 79.70 RCW.


Reasonable Alternative - A method for disposing of organic refuse (such as natural vegetation) that is available, reasonably economical, and less harmful to the environment than burning.


Recreational Fire - Cooking fires, campfires and bonfires using charcoal or firewood that occur in designated areas or on private property for cooking, pleasure, or ceremonial purposes. Fires used for debris disposal are not considered recreational fires.


Regulation - Any regulation and subsequently adopted amendments of the Regulation 1 of Yakima Regional Clean Air Authority.


Residential Burning - The outdoor burning of leaves, clippings, prunings, and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.


Seasoned Wood (WAC 173-433-030(8)) - Wood of any species that has been sufficiently dried so as to contain <20% or less moisture by weight.


Second Stage of Impaired Air Quality - Can be declared by the authority when PM10 is at an ambient level of 105 µg/m3 (App. B) of air measured on a 24 hour average.


Silvicultural Burning - Outdoor burning relating to the following activities for the protection of life or property and/or the public health, safety, and welfare:

1. Abating a forest fire hazard;

2. Prevention of a forest fire hazard;

3. Instruction of public officials in methods of forest fire fighting;

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

5. Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.


Solid Fuel Burning Device (WAC 173-433-030(9)) - A device that burns wood, coal, or other nongaseous or nonliquid fuels, which includes any device burning any solid fuel except those prohibited by WAC 173-433-120. This also includes any devices used for aesthetic or space-heating purposes in a private residence or commercial establishment which has a heat input less than one million Btu per hour. In this regulation the phrase "wood or coal heater" is intended to have the same meaning as solid fuel burning device.


Storm and Flood Debris Burning - Outdoor burning of natural vegetation from storms or floods that have occurred in the previous two years and resulted in an emergency being declared or proclaimed in the area by the city, county, or state government.


Threshold Level - The level that delineates whether or not a source must comply with specific requirements.


Treated Wood (WAC 173-433-030(10)) - Any species of wood that has been chemically impregnated, painted, or similarly modified to prevent weathering and deterioration.


Twenty-four (24) Hours WAC 173-435-020(8)) - Any consecutive 24 hours starting at any clock hour.


Tumbleweed Burning - Outdoor burning to dispose of dry plants (typically Russian thistle and tumbleweed mustard plants), that have been broken off, and rolled about, by the wind.


Uncertified Wood Stove (WAC 173-433-030(2)) - A woodstove that does not meet emission performance standards when tested by an accredited independent laboratory or is not labeled according to procedures specified by EPA in 40 CFR Part 60, Subpart AAA, Standards of Performance for Residential Wood Heaters as amended through July 1, 1990.


Urban Growth Area - Land generally including and associated with an incorporated city which is designated by the county for urban growth under RCW 36.70A.030.


Weed Abatement Fire - Outdoor burning to dispose of weeds that is not regulated under chap. 173-430 WAC, which applies to agricultural burning.


Wood Heater - Has the same meaning as "solid fuel burning device."


Woodsmoke Control Zone - An area where the use of wood heaters and outdoor and agricultural burning is further restricted to reduce the impact of air pollution during an impaired air quality or air pollution episode. The legal land description is located in app. H (pg. H-1), and it is shown on the map in app. I (pg. I-2).

Wood Stove (WAC 173-433-030(11)) - An enclosed solid fuel burning device capable of and intended for residential space heating and domestic water heating that meets the following criteria contained in 40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters as amended through July 1, 1990:

1. An air-to-fuel ratio in the combustion chamber averaging less than 35.0, as determined by EPA Reference Method 28A;

2. A useable firebox volume of less than 20 cubic feet;

3. A minimum burn rate less than 11 lbs./hr. (5 kg/hr) as determined by EPA Reference Method 28;

4. A maximum weight of 1764 lbs. (800 kg), excluding fixtures and devices that are normally sold separately, such as flue pipe, chimney, and masonry components not integral to the appliance.

A wood stove is a type of wood heater in this regulation. The term "wood stove" does not include wood cook stoves.


Yakima CO Nonattainment Area - The legal description is located in app. H (pg. H-4), and it is shown on the map in app. I (pg. I-4).


Yakima PM10 Nonattainment Area - The legal description is located in app. H (pg. H-4), and it is shown on the map in app. I (pg. I-5).


Yakima Urban Area - The legal land description is located in app. H (pg. H-1), and it is shown on the map in app. I (pg. I-3).

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

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

Washington State Code Reviser's Office