CLEAN AIR AGENCY
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: Northwest Clean Air Agency Regulation.
Hearing Location(s): Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, on July 14, 2005, at 1:30 p.m.
Date of Intended Adoption: July 14, 2005.
Submit Written Comments to: James B. Randles, Northwest Clean Air Agency, 1600 South Second Street, Mount Vernon, WA 98273, firstname.lastname@example.org, fax (360) 428-1620, by July 14, 2005.
Assistance for Persons with Disabilities: Contact Scott Allison by June 30, 2005, (360) 428-1617, ext. 200.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The regulation amendments will allow the NWCAA to clarify various sections of our rules.
SECTION 100 NAME OF AGENCY. Revise to facilitate agency name change.
SECTION 102 POLICY. Delete subsection 102.7 regarding alternative compliance methods so as to eliminate Control Officer discretion.
SECTION 104 ADOPTION OF STATE AND FEDERAL LAWS AND RULES. Update to accommodate new or revised rules.
SECTION 131 VIOLATION - NOTICES. Clarify enforcement procedures and authority.
SECTION 133 CIVIL PENALTY. Clarify enforcement procedures and increase maximum civil penalty to account for inflation.
SECTION 200 DEFINITIONS. Amend to provide regulatory clarification.
SECTION 300 NEW SOURCE REVIEW. Minor revisions to be more consistent with the state new source review (NSR) program found in WAC 173-400-110 and add a subsection requiring a source to comply with issued approval orders.
SECTION 301 TEMPORARY SOURCES. Limit nonroad regulation to those that operate in a stationary manner.
SECTION 320 REGISTRATION PROGRAM. Minor clarifications.
SECTION 324 FEES. Clarify fee categories and update fee schedules through calendar year 2007.
SECTION 325 TRANSFER OR PERMANENT SHUTDOWN. Rename section and add notification and lockout requirements for sources that are permanently shutdown.
SECTION 340 REPORT OF UPSET AND BREAKDOWN. Revise reporting requirements for breakdown and upsets events that exceed emissions limits.
SECTION 341 REPORT OF SHUTDOWN OR STARTUP. Minor clarifications, reduce the time required for the advanced notification, and add reporting requirement for shutdowns or startups that exceed emission limits.
SECTION 342 OPERATION AND MAINTENANCE. Clarification and simplification of the section.
SECTION 424 OZONE STANDARD. Revise to reflect the new federal 0.08 ppm, 8-hour ambient ozone standard.
SECTION 460 WEIGHT/HEAT RATE STANDARD - EMISSION OF SULFUR COMPOUNDS. Clarifications and eliminate the exemption.
SECTION 550 PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE. Minor clarifications and revise the control standard from Best Available Control Technology (BACT) to Reasonable Available Control Technology (RACT) because RACT is applicable only to existing sources per the Washington State Clean Air Act.
SECTION 570 ASBESTOS CONTROL STANDARDS. Revise criteria for asbestos removal notification, remove optional notification amendments and adjust notification fee schedule.
SECTION 590 PERCHLOROETHYLENE DRY CLEANERS. Add requirement to keep records on-site and available for inspection.
SECTION 130 CITATIONS - NOTICES. Section is not necessary for enforcement.
SECTION 312 ENVIRONMENTAL POLICY GUIDELINES. Rules pertaining to Environmental Policy Guidelines (SEPA) are now being addressed by incorporating chapter 197-11 WAC by reference in Section 104.
SECTION 360 TESTING AND SAMPLING. These requirements are now contained in new Section 367 and Appendix A.
SECTION 365 MONITORING. These requirements are now contained in new Section 367 and Appendix A.
SECTION 366 INSTRUMENT CALIBRATION. These requirements are now contained in new Section 367 and Appendix A.
SECTION 480 SOLID FUEL BURNING DEVICE STANDARDS. This section is being replaced by Section 506.
SECTION 305 PUBLIC INVOLVEMENT. Details the process for public involvement when handling Notice of Construction (NOC) application, Orders of Approval to Construct (OAC) revisions and other actions. This section is being added as a replacement for following WAC 173-400-171.
SECTION 367 GENERAL REQUIREMENTS FOR MONITORING AND TESTING. Rewrite requirements for operating ambient and continuous emission monitors and requirements for stack source testing. Section 367 and Appendix A replaces Sections 360, 365, 366 and the NWCAA "Guidelines for Industrial Monitoring Equipment and Data Handling" that previously applied to these activities.
SECTION 403 PARTICULATE STANDARDS (PM-2.5). Add new federal ambient standard for fine particulate.
SECTION 502 OUTDOOR BURNING. Add definitions and add provision to deny fire permit issuance to a party if there is an outstanding penalty.
SECTION 506 SOLID BURNING DEVICE STANDARDS. Repeal existing Section 480 and rewrite under Section 506. Revisions include minor clarifications, new requirements for the installation of solid fuel heating devices, and clarify under which conditions a resident can get an exemption during burn bans.
APPENDIX A - AMBIENT MONITORING, EMISSION TESTING, AND CONTINUOUS EMISSION AND OPACITY MONITORING. Rewrite requirements for operating ambient and continuous emission monitors. Section 367 and Appendix A replace Sections 360, 365, 366 and the NWCAA "Guidelines for Industrial Monitoring Equipment and Data Handling."
NWCAA Regulation Revision Timeline
|State Register submittal
(30+ pages for hearing after July 5)
|Public Notice (30 days)
(include a statement about SIP submittal)
|6/14/05 -> 7/14/05|
|SEPA (14 days)||6/30/05 -> 7/14/05|
|NWCAA Board hearing and adoption||7/14/05|
|Effective Date||30 days after CR-103 stamped|
Statutory Authority for Adoption: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Northwest Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting: Dan Mahar, 1600 South Second Street, Mount Vernon, (360) 428-1617, ext. 203; Implementation and Enforcement: James B. Randles, 1600 South Second Street, Mount Vernon, WA, (360) 428-1617, ext. 208.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328.
May 3, 2005
James B. Randles
Control OfficerAMENDATORY SECTION
SECTION 100 - NAME OF AGENCY ((
100.1 The multi-county agency, consisting of Island, Skagit and Whatcom Counties, having been formed pursuant to the Washington State Clean Air Act RCW 70.94, shall be known and cited as the "Northwest ((
Air Pollution Authority"))
Clean Air Agency", and hereinafter may be cited as (( "NWAPA"))
the "NWCAA" or the "Authority".
100.2 Any reference to the Northwest Air Pollution Authority, the Authority or the NWAPA in any document previously issued by the agency, including without limitation orders, permits, judgments, letters and the like shall be deemed reference to the Northwest Clean Air Agency or the NWCAA.
Amended: July 14, 2005
SECTION 102 - POLICY
. . . . . .
102.7 Where the safety of individuals may be
compromised by carrying out the requirements of the Authority,
alternative methods of meeting emission standards or other
requirements of this Regulation may be approved by the Control
Passed: January 8, 1969 Amended: February 14, 1973, August 9, 1978, February 10, 1993, May 11, 1995, July 14, 2005
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 NWCAA ((
Authority)), is hereby adopted by reference and
made part of the Regulation of the NWCAA (( Authority)).
Specifically, there is adopted by reference the Washington
State Clean Air Act (RCW 70.94), the Administrative Procedure
Act (RCW 34.05) and RCW 43.21A and 43.21B and the following
state rules: WAC 173-400, (except - 035, -070(8), -099, -100,
-101, -102, -104, -110, -114, -116, -171), WAC 173-401, WAC 173-407, 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, and WAC 197-11.
104.2 All provisions of the following federal rules that
are in effect as of July 1, ((
2003)) 2005 are hereby adopted
by reference and made part of the Regulation of the NWCAA
(( Authority)): 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(( a)), 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, J, L, M, N, O, Q, R, T, U, W,
X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, OO, PP, QQ, RR,
SS, TT, UU, VV, WW, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ,
LLL, MMM, NNN, OOO, PPP, QQQ, TTT, UUU, VVV, XXX, AAAA, CCCC,
DDDD, EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN,
OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, XXXX,
YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, GGGGG, HHHHH,
IIIII, JJJJJ, KKKKK, LLLLL, MMMMM, NNNNN, PPPPP QQQQQ, RRRRR,
SSSSS, TTTTT; and 40 CFR 72, 73, 74, 75, 76, 77 and 78 (Acid
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, July 10, 2003, July 14, 2005
SECTION 130 - CITATIONS - NOTICES
SECTION 131 - VIOLATION - NOTICES
131.1 If the Board or Control Officer has reason to believe that a violation of this Regulation has occurred or is occurring, the Board, ((
or)) Control Officer, or duly
authorized representative may (( , with or without notice as
specified in Section 130,)) cause written notice of violation
to be served upon the alleged violator and the facts alleged
to constitute a violation thereof. Written notice shall be
served at least thirty days prior to the commencement of the
imposition of a penalty (( any formal enforcement action))
under RCW 70.94.430 and 70.94.431.
131.2 The Board, ((
or)) Control Officer, or duly
authorized representative upon issuance of notice of violation
may do any or all of the following:
131.21 Require that the alleged violator respond in
writing or in person within thirty (30) ((
ten (10) business))
days of the notice and specify the corrective action being
131.22 Issue an order pursuant to Section 121 of this Regulation.
131.23 Initiate action pursuant to Sections 132, 133, 134 and 135 of this Regulation.
131.24 Hold a hearing pursuant to Section 120 of this Regulation.
131.25 Require the alleged violator or violators appear before the Board.
131.26 Avail itself of any other remedy provided by law.
131.3 Failure to respond as required in Section 131.21 shall constitute a prima facie violation of this Regulation and the Board or Control Officer may initiate action pursuant to Section 132, 133, 134, 135 of this Regulation.
131.4 Any suspended civil penalty, issued under Section 133 of this Regulation, which is issued as part of a violation shall be applicable in future penalties against the same person for not more than five years from the date of the same suspension. After five years the suspended portion of the Penalty shall be considered void and of no force or effect, appeals notwithstanding.
Amended: April 14, 1993, March 13, 1997, July 14, 2005
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 Clean Air Agency shall be liable for a civil penalty in an amount of not more than fourteen thousand five hundred dollars ((
($14,000))) ($14,500) 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 fourteen thousand five hundred dollars (( ($14,000)))
($14,500) for each day of continued noncompliance.
133.2 Each act of commission or omission which procures,
aids or abets in the violation shall be considered a violation
under the provisions of this Section and subject to the same
penalty. The penalty shall become due and payable when the
person incurring the same receives a notice in writing from
the Control Officer of the NWCAA ((
Authority)) describing the
violation with reasonable particularity and advising such
person that the penalty is due unless a request is made for a
hearing to the Pollution Control Hearings Board (PCHB).
Within (( fifteen days)) thirty days after the notice is
received, the person incurring the penalty may apply in
writing to the Control Officer for the remission or mitigation
of the penalty. Upon receipt of the application the Control
Officer shall remit or mitigate the penalty only upon a
demonstration of extraordinary circumstance such as the
presence of information or factors not considered in setting
the original penalty. If the amount of such penalty is not
paid to the NWCAA (( Authority)) within thirty (30) days after
receipt of notice imposing the same and request for a hearing
has not been made, the attorney for the NWCAA (( Authority)),
upon the request of the Control Officer, shall bring an action
to recover such penalty in the Superior Court of Skagit County
or of the County in which the violation occurred. All
penalties recovered under this Section by the Board shall be
paid unto the treasury of the NWCAA (( Authority)) and credited
to its funds.
To secure the penalty incurred under this Section, the
Authority)) shall have a lien on any vessel used or
operated in violation of this act which shall be enforced as
provided in RCW 60.36.050.
133.3 Penalties incurred but not paid shall accrue interest, beginning on the ninety-first day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the thirty-first day following final resolution of the appeal.
The maximum penalty amounts established in this Section may be increased annually to account for inflation as determined by the state office of the Economic and Revenue Forecast Council.
In addition to other penalties provided, persons knowingly under reporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments, may be subject to a penalty equal to three times the amount of the original fee owed.
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, July 10, 2003, July 14, 2005
SECTION 180 - SAMPLING AND ANALYTICAL METHODS - REFERENCES
SECTION 200 - DEFINITIONS
. . . . . .
AUTHORITY - Northwest Clean Air Agency (NWCAA). With
regard to new source review, Authority shall include any other
designated permitting agency.))
HEAT INPUT ((
HEAT)) CAPACITY - Is the maximum actual or design heat
capacity, whichever is greater, stated in British thermal
units per hour (BTU/hr) generated by the stationary source and
shall be expressed using the higher heating value of the fuel
unless otherwise specified.
NEW SOURCE - means one or more of the following;
a) The construction or modification of a stationary
source that increases the amount of any air contaminant
emitted by such stationary source or that results in the
emission of any air contaminant not previously emitted,((
b) the restart of a stationary source after permanent shutdown
b))) c) any other project that constitutes a new
stationary source under the Federal Clean Air Act.
PERMANENT SHUTDOWN - Permanently stopping or terminating all processes at a "stationary source" or "emissions unit." Except as provided in subsections a) and b), whether a shutdown is permanent depends on the intention of the owner or operator at the time of the shutdown as determined from all facts and circumstances, including the cause of the shutdown.
a) A shutdown is permanent if the owner or operator files a report of shutdown, as provided in NWCAA Regulation Sections 325. Failure to file such a report does not mean that a shutdown was not permanent.
b) Any shutdown lasting two (2) or more years is considered to be permanent.
SIGNIFICANT - a) "Significant," as it applies to stationary
sources subject to requirements for new sources in
nonattainment areas, is defined in WAC 173-400-112. b)
"Significant" as it applies to stationary sources subject to
requirements for new sources in attainment or unclassified
areas, is defined in WAC 173-400-113.))
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, July 10, 2003, July 14, 2005
SECTION 300 - NEW SOURCE REVIEW
300.1 A Notice of Construction and/or PSD permit application must be filed by the owner or operator and an Order of Approval and/or PSD permit issued by the ((
Authority)) NWCAA, or other designated permitting agency,
prior to the establishment of any new source, except for:
a) Those stationary sources exempt under NWCAA 300.4
and)) or NWCAA 300.5 (emission thresholds);
b) Relocation of any temporary source operating in accordance with NWCAA Section 301.
For purposes of this Section "establishment" shall mean to "begin actual construction", as that term is defined in NWCAA Section 200, and "new source" shall include any "modification" to an existing "stationary source", as those terms are defined in NWCAA Section 200.
. . . . . .
300.9 Notice of Construction - Final Determination
a) Within sixty (60) days of receipt of a complete Notice
of Construction or PSD permit application, the NWCAA
Authority)) shall either issue a final decision on the
application or initiate public notice under NWCAA Section 305
(( WAC 173-400-171)) on a proposed decision, followed as
promptly as possible by a final decision.
b) A person seeking approval to construct or modify a stationary source that requires an operating permit may elect to integrate review of the operating permit application or amendment required under RCW 70.94.161 and the Notice of Construction or PSD permit application required by this section. A Notice of Construction or PSD permit application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines in chapter 173-401 WAC. A PSD permit application under WAC 173-400-141, a notice of nonattainment area construction application for a major modification in a nonattainment area, or a Notice of Construction application for a major stationary source in a nonattainment area must also comply with WAC 173-400-171.
c) Every final determination on a Notice of Construction
or PSD permit application shall be reviewed and signed prior
to issuance by a professional engineer or staff under the
direct supervision of a professional engineer in the employ of
the NWCAA ((
d) If the new source is a major stationary source or the change is a major modification, the application shall be processed in accordance with the applicable sections of WAC 173-400-112, 113, 117 and 171. The permitting agency shall:
1) Submit any control technology determination included in a final Order of Approval or PSD permit to the RACT/BACT/LAER clearinghouse maintained by EPA; and
2) Send a copy of the final Order of Approval or PSD permit to EPA.
300.10 Order of Approval - Appeals
An Order of Approval or PSD permit, any conditions
contained in an Order of Approval or PSD permit, or the denial
of a Notice of Construction or PSD permit application may be
appealed to the pollution control hearings board as provided
in chapter 43.21B RCW. The NWCAA ((
Authority)) shall promptly
mail copies of each order approving or denying a Notice of
Construction or PSD permit application to the applicant and to
any other party who submitted timely comments on the
application, along with a notice advising parties of their
rights of appeal to the pollution control hearings board.
300.11 Order of Approval - Time Limitations.
An Order of Approval or PSD permit becomes invalid if
construction is not commenced within eighteen months after
receipt of the approval, if construction is discontinued for a
period of eighteen months or more, or if construction is not
completed within a reasonable time. The NWCAA ((
may extend the eighteen-month period upon a satisfactory
showing that an extension is justified. An extension for a
project operating under a PSD permit must also comply with
public notice requirements in WAC 173-400-171. This provision
does not apply to the time period between construction of the
approved phases of a phased construction project. Each phase
must commence construction within eighteen months of the
projected and approved commencement date.
300.12 Order of Approval - Change of Conditions.
a) The owner or operator may request, at any time, a
change in conditions of an Order of Approval or PSD permit and
the NWCAA ((
Authority)) may approve the request provided the
NWCAA (( Authority)) finds that:
1) The change in conditions will not cause the stationary source to exceed an emissions standard;
2) No ambient air quality standard or PSD increment will be exceeded as a result of the change;
3) The change will not adversely impact the ability of
Ecology or the NWCAA ((
Authority)) to determine compliance
with an emissions standard;
4) The revised order will continue to require BACT, as defined at the time of the original approval, for each new source approved by the order except where the Federal Clean Air Act requires LAER; and
5) The revised order meets the requirements of this section and WAC 173-400-110, 173-400-112, 173-400-113 and 173-400-141, as applicable.
b) Actions taken under this subsection are subject to the public involvement provisions of NWCAA Section 305 or WAC 173-400-171 as applicable.
c) This rule does not prescribe the exact form such requests must take. However, if the request is filed as a Notice of Construction application, that application must be acted upon using the timelines found in NWCAA 300.8 and NWCAA 300.9 and the fee schedule found in NWCAA 324.
300.13 Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source.
a) Any person proposing to replace or substantially alter
the emission control technology installed on an existing
stationary source or emission unit shall file a Notice of
Construction application with the NWCAA ((
Replacement or substantial alteration of control technology
does not include routine maintenance, repair or similar parts
b) For projects not otherwise reviewable under NWCAA
Section 300, the NWCAA ((
1) Require that the owner or operator employ RACT for the affected emission unit;
2) Prescribe reasonable operation and maintenance conditions for the control equipment; and
3) Prescribe other requirements as authorized by chapter 70.94 RCW.
c) Within thirty (30) days of receipt of a Notice of
Construction application under this section the NWCAA
Authority)) 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. Within thirty (30) days of receipt of a
complete Notice of Construction application under this section
the NWCAA (( Authority)) shall either issue an Order of
Approval or a proposed RACT determination for the proposed
d) Construction shall not "commence," as defined in NWCAA
Section 200, on a project subject to review under this section
until the NWCAA ((
Authority)) issues a final Order of
Approval. However, any Notice of Construction application
filed under this section shall be deemed to be approved
without conditions if the NWCAA (( Authority)) takes no action
within thirty (30) days of receipt of a complete Notice of
e) Approval to replace or substantially alter emission
control technology shall become invalid if construction is not
commenced within eighteen months after receipt of such
approval, if construction is discontinued for a period of
eighteen months or more, or if construction is not completed
within a reasonable time. The NWCAA ((
Authority)) may extend
the eighteen-month period upon a satisfactory showing that an
extension is justified. This provision does not apply to the
time period between construction of the approved phases of a
phased construction project; each phase must commence
construction within eighteen months of the projected and
approved commencement date.
300.14 Incorporation of State NSR Regulations
In order to facilitate complete implementation of this
Section, WAC 173-400((
112))-112, -113, -117, -700, -710, -720,
-730, -740, and -750 (( and 171)) are hereby incorporated by
300.15 Order of Approval - Requirements to Comply
It shall be unlawful for an owner or operator of a source or emission unit to not abide by the operating and reporting conditions in the Order of Approval.
PASSED: November 12, 1998 Amended: November 12, 1999, March 9, 2000, June 14, 2001, July 10, 2003, July 14, 2005
SECTION 301 - TEMPORARY SOURCES
301.1 This section applies to temporary sources not exempt under NWCAA 300.4 or 300.5, which locate temporarily at sites within the jurisdiction of the NWCAA ((
Nonroad engines regulated by this section are limited to those
listed in a)3) of the definition of "nonroad engine" found in
Section 200 of this Regulation (i.e., those that are portable
or transportable, but operate in a stationary manner). The
regulation of nonroad engines under this section is subject to
the limitations as set forth in 40 CFR Appendix A to Subpart A
of 89 - State Regulation of Nonroad Internal Combustion
301.2 The owner or operator of a temporary source shall
be allowed to operate at a temporary location without filing a
Notice of Construction application or, for nonroad engines,
obtaining a regulatory order from the NWCAA ((
a) The owner or operator notifies the NWCAA ((
each calendar year of the intent to operate within the
jurisdiction of the NWCAA (( Authority)) at least fifteen (15)
days prior to starting operation and pays the appropriate fees
identified in NWCAA Section 324.1;
b) The owner or operator notifies the NWCAA ((
of the intent to relocate within the jurisdiction of the NWCAA
(( Authority)) at least fifteen (15) days prior to relocation;
c) The owner or operator supplies sufficient information
to enable the NWCAA ((
Authority)) to determine that the
operation will comply with all applicable air pollution rules
d) The operation does not cause a violation of ambient air quality standards;
e) If the operation is in a nonattainment area, it shall not interfere with the scheduled attainment of ambient standards;
f) The temporary source operates in compliance with all applicable air pollution rules and regulations;
g) A temporary source that is considered a major stationary source within the meaning of WAC 173-400-113 shall also comply with the requirements in WAC 173-400-141;
h) Except for nonroad engines, all temporary sources
shall have a valid Order of Approval to Construct from an air
quality permitting organization in the State of Washington.
The temporary source shall operate in compliance with the
conditions set forth in the Order of Approval to Construct.
Any reports required by the Order of Approval to Construct
shall be submitted to the NWCAA ((
i) Permission to operate shall not exceed ninety (90)
operating days in any calendar year anywhere within the
jurisdiction of the NWCAA. The NWCAA ((
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, or for
nonroad engines, a regulatory order, has been issued by the
NWCAA (( Authority)). For the purpose of this section, an
operating day shall be considered any time equipment operates
within a calendar day; and
j) Except for nonroad engines, based on the source type and emission quantity, temporary sources may be subject to new source review at the discretion of the Control Officer.
PASSED: November 12, 1998 Amended: March 9, 2000, June 14, 2001, July 10, 2003, July 14, 2005
SECTION 305 - PUBLIC INVOLVEMENT
305.1 Internet Notice
(A) A notice shall be published on the NWCAA website for each Notice of Construction (NOC) application received by the NWCAA, and for each proposed revision to an Order of Approval to Construct (OAC) for which there is no associated NOC application. The internet notice shall remain on the NWCAA website for a minimum of 15 consecutive days and shall include the following information:
(1) name and location of the affected facility,
(2) brief description of the proposed action, and
(3) a statement that a public comment period may be requested within 15 days of the initial date of the internet posting.
(B) Requests for a public comment period shall be received by the NWCAA via letter, facsimile, or electronic mail within 15 days of the initial date of the internet posting. A public notice and comment period shall be provided in accordance with this Section, for any NOC application or proposed OAC revision that receives such a request. Any NOC application or proposed OAC revision for which a public comment period is not requested may be processed without further public involvement at the end of the 15-day request period.
305.2 Actions Requiring Public Notice and Comment Period
(A) The NWCAA shall provide public notice and a public comment period in accordance with 305.3 through 305.8 of this Section, before approving or denying any of the following types of applications or other actions:
(1) Any use of a modified or substituted air quality model, other than a guideline model in Appendix W of 40 CFR Part 51 (in effect on July 1, 2005) as part of review under Section 300 of this Regulation;
(2) Any order to determine Reasonably Available Control Technology (RACT);
(3) Any order to establish a compliance schedule or a variance;
(4) Any order to demonstrate the creditable height of a stack which exceeds the good engineering practice (GEP) formula height and sixty-five meters, by means of a fluid model or a field study, for the purposes of establishing an emission limitation;
(5) Any order to authorize an emissions bubble pursuant to WAC 173-400-131;
(6) Any regulatory order to establish or debit of emission reduction credits (ERC);
(7) Any order issued under WAC 173-400-091 that establishes limitations on a source's potential to emit;
(8) Any extension of the deadline to begin actual construction of a "major stationary source" or "major modification" in a nonattainment area;
(9) The original issuance and any revisions to a general Order of Approval issued under WAC 173-400-560;
(10) Any Notice of Construction application or other proposed action for which the NWCAA determines there is substantial public interest;
(11) Any Notice of Construction application or proposed Order of Approval to Construct revision that receives a request for a public comment period in accordance with 305.1 of this Section.
(12) Any Notice of Construction application or proposed Order of Approval to Construct revision that would result in a significant emissions increase defined as follows.
|Air Pollutant||Potential to Emit in Tons per Year|
|Carbon Monoxide (CO)||100.0|
|Volatile Organic Compounds (VOC)||40.0|
|Sulfur Dioxide (SO2)||40.0|
|Nitrogen Oxides (NOx)||40.0|
|Particulate Matter (PM)||25.0|
|Fine Particulate Matter (PM-10)||15.0|
|Sulfuric Acid Mist (H2SO4)||7.0|
|Hydrogen Sulfide (H2S)||10.0|
|Total Reduced Sulfur (including H2S)||10.0|
305.3 Public Comment Period
If required, a public comment period shall be initiated through publication of a legal notice in a local newspaper. The public comment period shall be initiated only after the NWCAA has made a preliminary determination. The cost of providing legal notice shall be borne by the applicant. Public notice of any NOC application requiring a public comment period shall include the following:
(A) The NOC application and any written preliminary determination by the NWCAA shall be available on the NWCAA's internet website, excluding any confidential information as provided in Section 114 of this Regulation. In addition, the NOC application and any written determination shall be made available for public inspection in at least one location near the proposed project. The NWCAA's written preliminary determination shall include the conclusions, determinations and pertinent supporting information from the NWCAA's analysis of the effect of the proposed project on air quality.
(B) Publication of a legal notice in a newspaper of general circulation in the area of the proposed project which provides each of the following:
(1) Name, location and a brief description of the project;
(2) Location of documents made available for public inspection;
(3) The deadline for submitting written comments;
(4) A statement that any person, interested governmental agency, group, or the applicant may request a public hearing;
(5) A statement that a public hearing may be held if the NWCAA determines within a 30-day period that significant public interest exists;
(6) The date of the close of the public comment period in the event of a public hearing;
(C) Notice to the US Environmental Protection Agency Region 10 Regional Administrator.
305.4 Extent of Public Comment Period
The public comment period shall be the 30-day period following the date the public notice is first published, unless a public hearing is held. If a public hearing is held, the public comment period shall extend through the hearing date and thereafter for such period, as specified in the notice of public hearing.
305.5 Public Hearings
Any person, interested governmental entity, group or the applicant, may request a public hearing within the comment period specified in the public notice. Any such request shall indicate, in writing, the interest of the entity filing it and why a hearing is warranted. The NWCAA may, in its discretion, hold a public hearing if it determines that significant public interest exists. Any such hearing shall be held upon such notice and at a time and place as the NWCAA deems reasonable. The NWCAA shall provide at least 30 days prior notice of any hearing.
305.6 Consideration of Public Comments
No final decision on any NOC application or OAC revision shall be made until all public comment periods have ended and any comments received have been considered.
305.7 Other Requirements of Law
Whenever procedures permitted or mandated by law will accomplish the objectives of public notice and opportunity for comment, those procedures may be used in lieu of the provisions of this section (e.g., SEPA). This subsection does not apply to an application for a "major modification" or an application from a "major stationary source".
305.8 Public Information.
All information provided to the public in accordance with this Section, except information protected from disclosure under any applicable law, including, but not limited to, NWCAA Section 114 and RCW 70.94.205, shall be available for public inspection at the NWCAA. This includes copies of Notices of Construction applications, orders, and modifications.
Passed: July 14, 2005
SECTION 312 - ENVIRONMENTAL POLICY GUIDELINES
SECTION 320 - REGISTRATION PROGRAM
320.3 Annual Registration Fees. An annual registration fee shall be paid by all registered sources. The Board ((
requires that a fee accompany registration and)) has
determined the (( amount of this)) fee for each class of air
contaminant source to be as shown in Section 324.1. The
amount of fees collected shall not exceed the costs of
administering this registration program, which shall be
a) initial registration and annual or other periodic reports from the source owner or operator providing the information directly related to air pollution registration;
b) on-site inspections necessary to verify compliance with registration requirements;
c) data storage and retrieval systems necessary for support of the registration program;
d) emission inventory reports and emission reduction credits computed from information provided by sources pursuant to the requirements of the registration program;
e) staff review, including engineering analysis for
accuracy and completeness ((
currentness)), of information
provided by sources pursuant to the requirements of the
f) clerical and other office support provided in direct furtherance of the registration program; and
g) administrative support provided in directly carrying out the registration program.
320.4 Any registered source which does not pay the annual
registration fee by the end of the registration period shall
be considered a new source and shall submit a "Notice of
Construction and Application for Approval" and receive
approval from the Board prior to resumption of operation or
re-entry into the jurisdiction of the NWCAA ((
Passed: November 12, 1998 Amended: November 12, 1999, July 14, 2005
SECTION 324 - FEES
324.1 Annual Registration Fees
a) The NWCAA ((
Authority)) shall levy annual registration
program fees as set forth in Section 324.1(c) to cover the
costs of administering the registration program.
b) Upon assessment by the NWCAA ((
registration fees are due and payable. 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 thirty (30) days after the due date.
The late penalty shall be in addition to the registration fee.
c) All registered air pollution sources shall pay the appropriate registration fee(s) listed in Section 324.1.
|REGISTERED SOURCES||Fee Code||((
|Wastewater treatment plants w/sludge incinerators||RS01||((
|Temporary asphalt plants||RS02||$360||$375||$390|
|Permanent asphalt plants||RS03||$725||$745||$770|
|Temporary thermal soil desorption units||RS04||$360||$375||$390|
|Permanent ((T))thermal soil desorption units||RS05||((
|Petroleum coke handling facility||RS07||((
|Perchloroethylene dry cleaners||RS08||((
|Gasoline stations ((
|Other sources as determined by the Control Officer||RS12||((
|Other temporary sources||RS13||$180||$190||$200|
|FOR SOURCES NOT LISTED ABOVE:
ACTUAL EMISSIONS OF TOTAL CRITERIA AND TOXIC AIR POLLUTANTS
|<10 tons per year||EM01||((
|Each source test per pollutant, per unit as required in the Approval Order (expect initial source test)||STR||((
|Operation of a Continuous Emission or Opacity
(per CEM or COM)
|Each stationary source subject to NSPS, per
applicable subpart. Excluding 40 CFR 60 subpart Dc
(small boilers) and 40 CFR 60 subpart AAA
|Each stationary source subject to NESHAP, per applicable subpart. Excluding 40 CFR 63 subpart M (dry cleaners) and 40 CFR 60 subpart N (chrome platers)||NESHAP||$615||$635||$655|
|Synthetic minor designation||SM||((
a) New source fees listed in Section 324.2 shall be submitted with each Notice of Construction (NOC) application or request for a NOC applicability determination.
|NSR FEES IN ADDITION TO THE FILING FEE:
for each piece of equipment or control equipment
|General (not classified below)||((
|Fuel Burning Equipment (as an aggregate)|
|Minor Order of Approval to Construct change||((
|Dry cleaner ((
|Gasoline stations ((
Refuse burning equipment
|< 6 tons per day||((
|Paint spray booth||((
|Other sources as determined by the Control Officer||((
|Synthetic minor determination ((
|SEPA threshold determination (NWCAA lead agency, 14-day comment period)||((
Air toxics review
|Major stationary source, major modification, PSD thresholds||((
PSD applicability analysis
|Each stationary source subject to NSPS, per subpart,
excluding 40 CFR 60 subpart((
|Each stationary source subject to NESHAP, per subpart, excluding 40 CFR 63 subpart M (dry cleaners) and 40 CFR 60 subpart N (chrome platers)||$1,205||$1,240||$1,275|
|Public notice (plus publication fee)||((
|Public hearing (plus publication fee)||((
|NOC applicability determination||((
|Each CEM, COM, or alternate monitoring device
|Each source test ((
|Non-exempt units under Title IV acid rain program||((
324.4 Issuance of Emission Reduction Credits. $850.00
324.5 Plan and examination, filing, SEPA review, and emission reduction credit fees may be reduced at the discretion of the Control Officer by up to 75 percent for existing stationary sources implementing pollution prevention or undertaking voluntary and enforceable emission reduction projects.
Passed: November 12, 1998
Amended: November 12, 1999, June 14, 2001, July 10, 2003, July 14, 2005
SECTION 325 - TRANSFER OR PERMANENT SHUTDOWN
325.1 A registration, regulatory order, approval to construct, operate or use any article, machine, equipment, or other contrivance, shall not be transferable, whether by operation of law or otherwise, either from one location to another or from one piece of equipment to another provided that, registered sources which are designed to be portable and are moved from one location to another may retain the same registration so long as they abide by the requirements of NWCAA Sections 300 and 301.
325.2 The registered owner or operator shall report the transfer of ownership or permanent shutdown of a registered "source" to the NWCAA within ninety (90) days of shutdown or transfer. The report shall contain the following information:
a) Legal name of the registered owner or operator;
b) Effective date of the shutdown or transfer;
c) Description of the affected emission units; and
d) Name and telephone number of the registered owner's or operator's authorized representative.
325.3 Any party that assumes ownership and/or operational control of a registered "source" shall file a written report with the NWCAA within ninety (90) days of completing transfer of ownership and/or assuming operational control. The report shall contain the following information:
a) Legal name of the company or individual involved in the transfer;
b) Effective date of the transfer;
c) Description of the affected emission units; and
d) Name and telephone number of the owner's or operator's authorized representative.
325.4 In the case of a permanent shutdown, process and pollution control equipment may remain in place and on site, but shall be configured such that the equipment or processes are incapable of generating emissions to the atmosphere (e.g., disconnection of power to equipment, mechanical positioning that inhibits processing; placing of padlocks on equipment to prevent operation).
Passed: February 4, 1970 Amended: February 14, 1973, July 10, 2003, July 14, 2005
SECTION 340 - REPORT OF BREAKDOWN AND UPSET
340.1 If a breakdown or upset condition occurs which results in or may have resulted in an exceedance of an emission and/or ambient air quality standard established by this ((
the)) Regulation (( of this Authority)) or an emission
release to the air that requires agency notification as
specified in 40 CFR 302 (CERCLA) or 40 CFR 355 (SARA), the
owner or operator of the source shall take the following
340.11)) The upset or breakdown shall be reported as
promptly as possible and in no event later than twelve (12)
hours to the NWCAA (( Authority)).
340.12)) For Title V Air Operating Permit sources,
the responsible official shall (( The person responsible shall,
((upon the request of the Control Officer, submit a full
report within ten (10) days including the known causes,
corrective measures taken, and preventive measures to be taken
to minimize or eliminate a recurrence.)) submit a full report
no later than 30 days after the end of the calendar month in
which the breakdown or upset occurred that resulted in an
exceedance of an ambient or emission standard of this
Regulation. The report shall be submitted on forms provided
by the NWCAA and must include, at a minimum, the known causes,
corrective action taken, preventive measures put in place to
reduce the possibility of or eliminate a recurrence, and an
estimate of the quantity of emissions above the applicable
limit caused by the event. Other non-Title V Air Operating
Permit sources shall file a full report to the NWCAA within 30
days upon the request of the Control Officer.
340.2 Compliance with the requirements of this Section does not relieve the owner or operator of the source from the responsibility to maintain continuous compliance with all the requirements of this Regulation nor from the resulting liabilities for failure to comply.
340.3 It shall be prima facie evidence of violation of this Regulation if:
a) any control equipment is turned off, broken down or otherwise inoperative, and a notice of breakdown has not been filed under Section 340.1, or
b) any other equipment creates new or increased emissions to the atmosphere as the result of being turned off, broken down or otherwise inoperative, and a notice of breakdown has not been filed under Section 340.1.
340.4 Excess emissions due to breakdowns and upsets shall be considered unavoidable, and not subject to penalty, provided the stationary source adequately demonstrates that:
a) The event was not caused by poor or inadequate design, operation, maintenance, or any other reasonably preventable condition;
b) The event was not of a recurring pattern indicative of inadequate design, operation, or maintenance; and
c) The operator took immediate and appropriate corrective action in a manner consistent with good air pollution control practice.
d) The emissions did not result in a violation of an ambient air quality standard.
Amended: November 14, 1984, October 14, 1987, April 14, 1993, October 13, 1994, February 8, 1996, July 14, 2005
SECTION 341 - REPORT OF SHUTDOWN OR STARTUP
341.1 If the operator of any air contaminant source registered in the NWCAA jurisdiction or operating under a Title V air operating permit issued by the NWCAA ((
schedules a total or partial shutdown or startup of control or
process equipment (( which may)) that the source reasonably
believes would result in emissions (( or any additional
emissions to the atmosphere)) which may temporarily exceed
(( the)) an emission standard(( s)) of this Regulation; the
operator or owner of the source shall notify the NWCAA in
advance of (( Authority prior to)) the shutdown or startup.
341.2 The advanced notification shall include ((
within the ten (10) day period prior to a scheduled shutdown
or startup. The operator or owner of the source shall
submit)) a general schedule of steps to be taken to minimize
the release of air contaminants to the atmosphere including
the reasons for and duration of the proposed shutdown or
startup, the nature of the action to be taken, the date and
time for the action and an estimate of the anticipated rate
and concentration of emission.
341.3 Compliance with the requirements of this Section does not relieve the owner or operator of the source from the responsibility to maintain continuous compliance with the requirements of this Regulation nor from the resulting liabilities for failure to comply.
341.4 Excess emissions due to shutdown or startup shall be considered unavoidable, and not subject to penalty, provided the stationary source adequately demonstrates that the excess emissions could not have been prevented through careful planning and design, the emissions did not result in a violation of an ambient air quality standard and if a bypass of control equipment occurs, that such bypass is necessary to prevent loss of life, personal injury, or severe property damage.
341.5 For Title V Air Operating Permit sources, the responsible official shall submit a full report no later than 30 days after the end of the calendar month in which the shutdown or startup occurred that resulted in an exceedance of an ambient or an emission standard of this Regulation. The report shall be submitted on forms provided by the NWCAA and must include, at minimum, the known causes, corrective action taken, preventive measures put in place to reduce the possibility of or eliminate a recurrence, and an estimate of the quantity of emissions above the applicable limit caused by the event. Other non-Title V Air Operating Permit sources shall file a full report to the NWCAA within 30 days upon the request of the Control Officer.
Amended: November 14, 1984, April 14, 1993, September 8, 1993, May 11, 1995, February 8, 1996, July 14, 2005
SECTION 342 - OPERATION AND MAINTENANCE
342.1 All air contaminant stationary sources are required to keep any process and/or air pollution control equipment in good operating condition and repair. ((
If a breakdown or
upset condition occurs and it is determined by the Control
Officer to be due to poor operating and maintenance
procedures, the Control Officer may take any legal steps
necessary to prevent a recurrence of the breakdown or upset
342.2 Operating instructions and maintenance schedules
for process and/or control equipment must be available ((
may be required to be posted)) on the site. (( This section is
specifically applicable to the operation of equipment where
untrained personnel may operate or otherwise have access to or
use the equipment.))
342.3 If a breakdown or violation occurs and is due to
the improper operation or maintenance of equipment, the owner
or operator of the source will, in addition to filing a report
of breakdown under Section 340, submit a report if requested
by the Control Officer on what measures will be taken in
training or re-orienting personnel to prevent a recurrence of
342.4 Excess emissions due to scheduled maintenance
shall be considered unavoidable provided the source adequately
demonstrates that the excess emissions could not have been
avoided through reasonable design, better scheduling for
maintenance, better operation and maintenance practices, and
emissions did not result in a violation of an ambient air
Amended: April 14, 1993, September 8, 1993, May 11, 1995, February 8, 1996, March 13, 1997, July 14, 2005
SECTION 360 - TESTING AND SAMPLING
SECTION 365 - MONITORING
SECTION 366 - INSTRUMENT CALIBRATION
SECTION 367 - GENERAL REQUIREMENTS FOR MONITORING AND TESTING
367.1 Any person operating a registered air contaminant source or an air operating permit source may, at any time, be required to monitor the ambient air, or process emissions, or conduct emission tests as deemed necessary by the Control Officer.
367.2 Before an approval to construct or a registration certificate is granted, the Control Officer may require the owner or applicant to provide and maintain such facilities as are necessary for sampling and testing purposes, including but not limited to safe access to sample locations, sample platforms, proper sample ports, and adequate shelter where appropriate.
367.3 All ambient monitoring, compliance testing, continuous emission monitoring systems, and continuous opacity monitoring systems required by a regulation, order of approval or permit issued by the NWCAA shall comply with the applicable requirements of this Section and Appendix A of this Regulation. The applicable requirements of this Section and Appendix A are in addition to any monitoring, testing, calibration, or quality assurance/quality control requirements that otherwise apply.
367.4 The Control Officer may take such samples and may perform any tests and investigations as are deemed necessary to determine the accuracy of the monitoring reports and data submitted to the NWCAA. The owner or operator may also be required by the Control Officer to collect a sample using an approved procedure and submit the results of the analysis thereof within a reasonable period of time.
367.5 Any NWCAA mandated testing or monitoring which is not part of a federally-approved State Implementation Plan or other federally enforceable regulation must be approved by the NWCAA. Such testing or monitoring may include the use of alternative methods, modified standard methods, and requirements or procedures not described in Appendix A of this Regulation.
367.6 The Control Officer may approve site-specific minor and intermediate changes to testing, monitoring, recordkeeping, and reporting requirements under the following conditions:
(A) In determining whether a change is minor or intermediate, NWCAA will use as a guide the definitions in 40 CFR 63.90 (July 1, 2004);
(B) Where the testing, monitoring, recordkeeping, or reporting requirement is included in a permit, the approval is made through the applicable permit revision procedures;
(C) NWCAA maintains a record of all approved changes to all testing, monitoring, recordkeeping, and reporting and provides a list of such changes to EPA Region 10 at least semi-annually.
367.7 The Control Officer may approve major changes to testing, monitoring, recordkeeping, and reporting requirements if such requirements are not part of the federally-approved State Implementation Plan or otherwise federally enforceable. Major changes to testing, monitoring, recordkeeping, and reporting requirements that are part of the federally-approved State Implementation Plan or otherwise federally enforceable require EPA approval.
367.8 Significant Figures and Rounding:
(A) All parameters used in stack test measurements and calculations shall meet or exceed the precision implied by an applicable standard, that is, contain at least as many significant figures as the standard. Additional numbers may be retained until the final rounding to calculate the emission rate or concentration. Unless specified by using scientific notation, all digits displayed in a standard, including zeros, are considered significant
(B) Rounding shall use the following convention:
|First digit to be discarded||Last valid digit|
|>5, or a 5 followed by a non zero||round up|
|<5||retain as is|
|5, or 5 followed by only zero||round up if odd, retain if even|
SECTION 403 - PARTICULATE STANDARDS (PM-2.5)
403.1 The concentration in the ambient air of particulate matter with an aerodynamic diameter of less than two point five (2.5) microns (PM-2.5) shall not exceed:
(A) Sixty five (65) micrograms per cubic meter of air as a 24 hour average based on the 3-year average of the 98th percentile of 24-hour PM-2.5 concentrations.
(B) Fifteen (15) micrograms per cubic meter of air as an annual arithmetic mean based on the 3-year average of the annual arithmetic mean PM-2.5 concentrations.
403.2 Sampling and analysis for particulates shall be conducted in accordance with Appendix A of this Regulation.
Passed: July 14, 2005
SECTION 424 - OZONE STANDARD
424.1 The average eight hour concentration of ozone measured at an ambient air monitoring station shall not exceed ((
0.120)) 0.080 ppm (157 micrograms (( 235 milligrams)) per
cubic meter) (( hourly concentration on more than one (1) day
per calendar year)) as determined under the following
Three (3) calendar years of data shall be used
in determining compliance with this standard. If three (3)
calendar years of data are not available, a minimum of one (1)
calendar year must be used and;)) The 3-year average of the
annual fourth highest daily maximum 8-hour average
concentrations shall be used to determine compliance with this
424.12 All hourly measurements must start on the clock hour.
Amended: October 13, 1982, April 14, 1993, July 14, 2005
SECTION 460 - WEIGHT/HEAT RATE STANDARD - EMISSION OF SULFUR COMPOUNDS
All sources with an aggregate heat input capacity greater than five hundred million Btu per hour (500 MMBtu/hr) are subject to the following;
460.1 Emission of sulfur compounds, calculated as a
calendar month average of sulfur dioxide, ((
from a source as defined in 460.4)) shall not exceed one and
one-half pounds per million Btu of heat input per hour (1.5
lbs SO2/MMBtu, calendar month average of hourly values).
460.11 One and one-half (1.5) pounds of sulfur dioxide
per million BTU of input heat per hour.))
460.12 Sources may be exempt from subsection 460.11 of
this Regulation under the following conditions:))
460.121 That such exemption is not in excess of thirty
(30) days in the aggregate in any calendar year.))
460.122 That the owner or operator notify the Control
Officer immediately when such exemption is contemplated, or as
soon as possible after an emergency has occurred, indicating
the expected length of time of such exemption and when normal
operations have been resumed.))
460.123 That the Control Officer or Board may require
from the owner or operator any additional information deemed
necessary to determine conditions of the proposed exemption
and any impose additional restrictions or conditions on the
exemption if it is determined that Section 410 and/or 462 may
be violated and/or other applicable ambient air standards
460.2 Sources subject to Section 460 shall submit a
proposed schedule of compliance with this Section not less
than one hundred and eighty (180) days after start-up
providing the following:))
460.21 The heat capacity of the source, the average
heat output and the capacity and normal operating conditions
of each emission unit which shall be submitted, reviewed and
determined annually at a time and using a method determined by
the Control Officer.))
3)) Sources subject to Section 460 shall submit an
ambient monitoring proposal and monitoring schedule for sulfur
dioxide within one hundred and eighty (180) days of start-up.
Each proposal shall include:
31)) At least one recording meteorological
station equipped to record wind speed and direction and
located and operated as in accordance with Appendix A of this
Regulation. (( approved by the Control Officer. The data shall
be capable of being recorded and interpreted as hourly
32)) The sulfur content and quantity of all
materials, gaseous or liquid, fed to any boilers, furnaces,
heaters, flares or any other facility capable of generating
heat, resulting in emissions to the atmosphere. The sulfur
content shall be expressed in (( pounds/hour of sulfur
dioxide)) percent by weight of sulfur in each fuel type and
shall contain an explanation of how (( this quantity was
actually)) each was determined. (( The sulfur content of the
fuel shall be averaged over a period of time as determined and
specified by the Control Officer.))
33)) The method for monitoring the sulfur content
and quantity of fuel burned at (( any other)) each emission
unit capable of emitting sulfur to the atmosphere in
quantities in excess of one hundred (100) pounds/day of sulfur
compounds calculated as sulfur dioxide. (( Provided that a))
All emission units capable of emitting less than one hundred
(100) pounds/day of sulfur compounds, calculated as sulfur
dioxide may be monitored (( estimated)) collectively as a
34)) The monitoring proposal shall comply
(( complies)) with provisions of Section (( 365)) 367 and
Appendix A of this Regulation.
460.4 Except as noted in 460.12 all sources with an
input heat capacity greater than five hundred million BTU/hour
are subject to Section 460.))
5)) The total emissions of all sources located in
that portion of Sections 2, 3, 4, 5, 9, Township 34 North and
Sections 21, 27, 28, 29, 32, 33, 34, 35, in Township 35 North,
Range 2 East, Willamette Meridian, all in Skagit County
Washington, and commonly known as March Point heavy industrial
area; shall not exceed seven thousand (7,000) pounds/hour of
sulfur compounds, calculated as sulfur dioxide.
When the Control Officer reasonably believes that there
exists a substantial likelihood that this total is likely to
be exceeded, he or she shall establish additional temporary
restrictions on any or all sources of sulfur compounds in said
area to maintain a total emission of less than seven thousand
(7,000) pounds/hour. ((
Said)) The restrictions shall (( to))
remain in force only so long as the total emission will exceed
460.6 Emissions from flares, torches and waste gas
burners used by any source subject to this Section shall be
governed by the provisions set forth in this Section.
Provided that emissions from said sources that exceed the
limits established by the Regulation of this Authority, shall
also be subject to Section 340 "Report of Breakdown" when
conditions set forth therein are applicable.))
Passed: November 11, 1971
Amended: February 14, 1973, January 9, 1974, August 9, 1978, February 8, 1996, July 14, 2005
SECTION 480 - SOLID FUEL BURNING DEVICE STANDARDS
SECTION 502 - OUTDOOR BURNING
. . . . . .
502.3 DEFINITIONS. Unless a different meaning is clearly required by context, words and phrases used in this section shall have the following meanings:
RARE AND ENDANGERED PLANT REGENERATION FIRES - means fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified in chapter 79.70 RCW.
TUMBLEWEED BURNING - means 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.
. . . . . .
502.4 PROHIBITIONS AND RESTRICTIONS APPLYING TO ALL OUTDOOR BURNING. The following general requirements apply to all outdoor burning regulated by this section, including any outdoor burning allowed without a permit, unless a specific exception is stated in this section.
. . . . . .
E. CURTAILMENTS. During episodes or periods of impaired air quality, the person responsible for the fire must contact the permitting agency and/or any other designated source for information on the burning conditions for each day.
1. No outdoor fire shall be ignited in a geographical area:
a. Where Ecology has declared an air pollution episode; (RCW 70.94.775(2) and 70.94.780) or
b. Where Ecology or the NWCAA ((
Authority)) has declared
impaired air quality for the county where the air quality has
c. Defined as Island County if impaired air quality is
declared in both Skagit and Whatcom counties.))
d.)) Where the appropriate fire protection authority
has declared a fire danger burn ban, unless the Authority
grants an exception.
502.5 OUTDOOR BURNING PERMIT PROGRAM/REQUIREMENTS
. . . . . .
1. Permitting agencies may charge a fee for any permit issued, provided that a fee must be charged for all permits issued for weed abatement fires and fire fighting instruction fires.
2. All fees must be set by rule and must not exceed the level necessary to recover the costs of administering and enforcing a permit program.
|TYPE OF PERMIT||FEE|
|Annual training (single location)||$250.00/year|
|Extinguisher Training||$25.00/training exercise|
|Structure training||$50.00/training exercise|
|Weed abatement||$2.00/acre; $25.00 minimum
1. Permitting agencies must approve with conditions, or deny outdoor burning permits as needed to achieve compliance with this section.
2. All permits must include conditions to satisfy general prohibitions and requirements that apply to all outdoor burning.
3. All permits may require other conditions, such as restricting the time period for burning, restricting permissible hours of burning, imposing requirements for good combustion practice, and restricting burning to specified weather conditions.
4. Permitting agencies may also include conditions to comply with other laws pertaining to outdoor burning.
5. Any person having an outstanding penalty obligation to the NWCAA as a result of a violation of Section 502, except under appeal to the Pollution Control Hearings Board (PCHB) or other judicial body, shall be denied additional outdoor burning permits until the remaining balance is discharged.
F. FIELD RESPONSE AND ENFORCEMENT
1. Any agency that issues permits, or adopts a general permit for any type of burning in an area, is responsible for field response to outdoor burning complaints and enforcement of all permit conditions and requirements unless another agency has agreed to be responsible.
2. Except for enforcing Section 502.4 ((
(E)(1)(d), the NWCAA (( Authority)) will be responsible for
enforcing any requirements that apply to burning that are
prohibited or exempt from permits in areas of its
jurisdiction, unless another agency agrees to be responsible.
3. Permitting agencies and enforcing agencies may require that corrective action be taken, and may assess penalties to the extent allowed under their authority if they discover noncompliance.
4. A fire protection authority called to respond to, control, or extinguish an illegal or out-of-control fire may charge, and recover from the person responsible for the fire, the costs of its response and control action. The NWCAA may assist a fire protection authority, in fire suppression cost recovery, when assessing a penalty associated with a Notice of Violation.
Passed: June 14, 2001. Amended: July 10, 2003, July 14, 2005
SECTION 506 - SOLID FUEL BURNING DEVICE STANDARDS
This Section establishes emission standards, certification standards and procedures, curtailment rules, and fuel restrictions for solid fuel burning devices in order to maintain compliance with the National Ambient Air Quality Standards (NAAQS) for fine particulates and to further the policy of the NWCAA as stated in Section 102 of this Regulation.
Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning as defined in Chapter 173-433-030 WAC:
ADEQUATE SOURCE OF HEAT - means a permanently installed furnace or heating system, connected or disconnected from its energy source, designed to maintain seventy degrees Fahrenheit at a point three feet above the floor in all normally inhabited areas of a residence or commercial establishment.
ANTIQUE WOOD STOVE - is a stove manufactured before 1940 which has a current market value substantially greater than a common wood stove manufactured during the same time period.
CERTIFIED - means a solid fuel-burning device that meets emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by EPA in the Code of Federal Regulation - Title 40 Part 60 Subpart AAA - Standards of Performance for Residential Wood Heaters as amended through July 1, 1990; or a solid fuel-burning device that has been determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457.
COOKSTOVE - means a wood-fired appliance designed primarily for cooking food and containing an integrally built in oven, with an internal temperature indicator and oven rack, around which the fire is vented, as well as a shaker grate, ash pan and an ash clean-out below the firebox. Any device with a fan or heat channels used to dissipate heat into the room shall not be considered a cookstove.
ECOLOGY - means the Washington State Department of Ecology.
EPA - means the United States Environmental Protection Agency.
SEASONED WOOD - means wood of any species that has been sufficiently dried so as to contain twenty percent or less moisture by weight.
SOLID FUEL BURNING DEVICE - means a device that burns wood, coal, or any other non-gaseous or non-liquid fuels, and includes wood stoves or any device burning any solid fuel except those prohibited by WAC 173-433-120. This also includes devices used for aesthetic or space-heating purposes in a private residence or commercial establishment, which have a heat input of less than one million British thermal units per hour.
SUBSTANTIALLY REMODELED - means any alteration or restoration of a building exceeding sixty percent of the appraised value of such building within a twelve-month period.
TREATED WOOD - means wood of any species that has been chemically impregnated, painted, or similarly modified to improve resistance to insects, weathering or deterioration.
WOOD STOVE - means a wood-fueled appliance, other than a cookstove, capable of and intended for residential space heating and domestic water heating that meets the criteria contained in "40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990. Any combination of parts, typically consisting of but not limited to, doors, legs, flue pipe collars, brackets, bolts and other hardware, when manufactured for the purpose of being assembled, with or without additional owner supplied parts, into a wood stove, is considered a wood stove.
506.3 EMISSION PERFORMANCE STANDARDS.
(A) Solid Fuel Burning Devices - A person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away any solid fuel burning device in Washington unless it has been certified and labeled in accordance with procedures and criteria specified in "40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990, complies with WAC 173-433-100, and meets the following particulate air contaminant emission standards:
(1) Two and one-half grams per hour for catalytic wood stoves; and
(2) Four and one-half grams per hour for all other solid fuel burning devices.
(B) Fireplaces. A person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away a factory built fireplace unless it has been tested in accordance with procedures and criteria specified in WAC 51-50-31200. Particulate emission factors for factory-built fireplaces shall not exceed 7.3 g/kg.
506.4 INSTALLATION OF SOLID FUEL HEATING DEVICES.
(A) No new solid fuel burning device shall be installed in new or existing buildings unless such device is either Oregon Department of Environmental Quality phase II or EPA certified to meet current Washington State standards in accordance with CFR 40 Part 60 Subpart AAA - Standards of Performance for Residential Wood Heaters. (RCW 70.94.455)
(B) No used solid fuel burning device shall be installed in new or existing buildings unless such device is either Oregon Department of Environmental Quality phase II or EPA certified or a pellet stove either certified or exempt from certification by the EPA in accordance with CFR 40 Part 60 Subpart AAA - Standards of Performance for Residential Wood Heaters. (RCW 70.94.455)
(C) An adequate source of heat other than a solid fuel burning device is required in all new and substantially remodeled residential and commercial construction. The rule shall apply to
(1) Areas designated by a county to be an urban growth area under RCW 36.70A; and
(2) Areas designated by the EPA as being in non-attainment for particulate matter. (RCW 70.94.455 and WAC 51-40-0510)
(D) After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such fireplace meets the 1990 EPA standards for wood stoves or equivalent standard established by the state building code council by rule in accordance with 70.94.457 RCW.
506.5 OPACITY STANDARDS.
(A) Opacity level. A person shall not cause or allow emission of a smoke plume from any solid fuel burning device to exceed an average of twenty percent opacity for six consecutive minutes in any one-hour period. This restriction does not apply during the starting of a new fire for a period not to exceed twenty minutes in any four-hour period.
(B) Test methods and procedures. EPA reference method 9 - Visual Determination of Opacity of Emissions from Stationary Sources shall be used to determine compliance with this Section.
(C) Enforcement. Smoke visible from a chimney, flue or exhaust duct in excess of the opacity standard shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This Regulation will be enforced on a complaint basis and through observations of inspectors certified to read opacity. This presumption may be refuted by demonstration that the smoke was not caused by an applicable solid fuel burning device.
506.6 PROHIBITED FUEL TYPES
(A) A person shall not burn any substance, other than properly seasoned fuel-wood, in a solid fuel burning device (RCW 70.94.477).
(B) A person shall not burn paper in a solid fuel burning device other than the amount of colorless paper necessary to start a fire.
(A) Except as provided in Section 506.9, any person in a residence or commercial establishment that has an adequate source of heat without using a solid fuel burning device shall not use any solid fuel burning device under the following circumstances:
(1) Whenever Ecology has declared curtailment under an air pollution episode for the geographical area.
(2) Whenever Ecology or the NWCAA has declared curtailment under the first stage of impaired air quality for the geographical area unless the device is either Oregon Department of Environmental Quality Phase II or EPA certified or certified by Ecology or a pellet stove either certified or exempt from certification in accordance with Title 40 Part 60 of the Code of Federal Regulations. A first stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of sixty micrograms per cubic meter measured on a twenty-four hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average.
(3) Whenever Ecology or the NWCAA has declared curtailment under a second stage of impaired air quality. A second stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of one hundred five micrograms per cubic meter measured on a twenty-four hour average.
(B) Any person responsible for a solid fuel burning device already in operation at the time curtailment is declared under a stage of impaired air quality or an episode shall extinguish that device by withholding new solid fuel for the duration of the episode.
(C) Compliance with the above solid fuel burning device curtailment rules may be enforced after a time period of 3 hours has elapsed from the time the curtailment is declared. Smoke visible from a chimney, flue or exhaust duct three hours from the time of declaration of the curtailment shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This presumption may be refuted by demonstration that smoke was not caused by an applicable solid fuel burning device.
506.8 GENERAL EMISSION STANDARDS.
(A) Emissions detrimental to persons or property. No person shall cause or permit the emission of any air contaminant from any solid fuel burning device, in sufficient amounts and of such characteristics and duration as is likely to be injurious or cause damage to human health, plant or animal life, or property; or which unreasonably interfere with enjoyment of life and property.
(B) Odors. Any person who shall cause or allow the generation of any odor from any solid fuel burning device which may interfere with any other property owner's use or enjoyment of his property must use recognized good practice and procedures to reduce these odors to a reasonable minimum.
(A) The provisions of Section 506.7 shall not apply to any person who possesses a valid written exemption approved by the NWCAA. The NWCAA may allow written exemptions to any person who demonstrates any of the following to the satisfaction of the NWCAA:
(B) An economic need to burn solid fuel for residential space heating purposes by qualifying for energy assistance under the low income energy assistance program.
(C) That his/her heating system, other than a solid fuel heating device, is inoperable for reasons other than his/her own actions.
(1) That there is no adequate source of heat and the structure was constructed or substantially remodeled prior to July 1, 1992.
(2) That there is no adequate source of heat and the structure was constructed or substantially remodeled after July 1, 1992 and is outside an urban growth area, as defined in RCW 36.70A.
(D) Written exemptions shall be valid for a period determined by the NWCAA and shall not exceed one year from the date of approval.
Amended: April 14, 1993, November 12, 1991, July 14, 2005
SECTION 550 - PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE
550.1 It shall be unlawful for any person or operation to cause or permit material to be handled, transported or stored without using Reasonably ((
Best)) Available Control Technology
to prevent the release of fugitive particulate matter to the
550.2 It shall be unlawful for any person to cause or
permit a building or its appurtenances to be constructed,
altered, repaired or demolished, or conduct abrasive blasting
sandblasting)), without using Reasonably (( Best)) Available
Control Technology to prevent the release of fugitive
particulate matter to the ambient air.
550.3 It shall be unlawful for any person to cause or
permit the release of fugitive particulate matter to the
ambient air from public or private lots, roadways, or open
areas without using Reasonably ((
Best)) Available Control
550.4 It shall be unlawful for any person to cause or permit the emission of particulate matter which becomes deposited upon the property of others 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.
PASSED: January 8, 1969 Amended: February 14, 1973, August 9, 1978, October 14, 1987, April 14, 1993, November 12, 1999, July 14, 2005
SECTION 570 - ASBESTOS CONTROL STANDARDS
570.4 NOTIFICATION REQUIREMENTS
a) General Requirements
It shall be unlawful for any person to cause or allow any work on an asbestos project or demolition unless a complete notification, including the required fee and any additional information requested by the Control Officer, has been submitted to the NWCAA on approved forms, in accordance with the advance notification period requirements contained in 570.4(d) of this Regulation.
1. The duration of an asbestos project shall be commensurate with the amount of work involved.
2. Notification is not required for asbestos projects involving less than 10 linear feet or 48 square feet (per structure, per calendar year) of any asbestos-containing material.
3. Notification is not required for removal and disposal of the following nonfriable asbestos-containing materials: caulking, window glazing, or roofing. All other asbestos project and demolition requirements remain in effect except as provided by Section 570.
4. Notification is required for all demolitions
involving public or commercial structures or multi-family
residences with 5 or more units,)) of structures with a
greater than 120 square feet footprint even if no
asbestos-containing material is present. All other demolition
requirements remain in effect.
5. The written notification shall be accompanied by the appropriate nonrefundable fee as set forth in 570.4(d) of this Regulation unless prior arrangements for payment have been made with the NWCAA.
6. A copy of the notification, all amendments to the notification, the asbestos survey, and any Order of Approval for an alternate means of compliance shall be available for inspection at all times at the asbestos project or demolition site.
7. Notification for multiple asbestos projects or demolitions may be filed by a property owner on one form if all the following criteria are met:
A) The work will be performed continuously by the same contractor; and
B) A work plan is submitted that includes: a map of the structures involved in the project including the site address for each structure; the amount and type of asbestos-containing material in each structure; and the schedule for performing asbestos project and demolition work. For projects where a detailed work schedule cannot be provided the asbestos contractor and/or the demolition contractor shall participate in the NWCAA's work schedule fax program and will continue to participate in the program throughout the duration of the project.
C) A work plan is submitted that includes: a map of the structures involved in the project including the site address for each structure; the amount and type of asbestos-containing material in each structure; and the schedule for performing asbestos project and demolition work. For projects where a detailed work schedule cannot be provided the asbestos contractor and/or the demolition contractor shall participate in the NWCAA's work schedule fax program and will continue to participate in the program throughout the duration of the project.
8. Annual Notification
A property owner may file one annual notification for asbestos projects to be conducted on one or more structures, vessels, or buildings during each calendar year if all of the following conditions are met:
A) The annual notification shall be filed with the NWCAA before commencing work on any asbestos project included in an annual notification;
B) The total amount of asbestos-containing material for all asbestos projects from each structure, vessel, or building in a calendar year under this Section is less than 260 linear feet on pipes or less than 160 square feet on other components; and
C) The property owner submits quarterly written reports to the Control Officer on NWCAA-approved forms within 15 days after the end of each calendar quarter.
1. Mandatory Amendments
An amendment shall be submitted to the Control Officer
for the following changes in a notification: ((
and shall be
accompanied by the appropriate nonrefundable fee as set forth
in 570.4(d) of this Regulation unless prior arrangements for
payment have been made with the Authority:))
A) Increases in the project type or job size category that increase the fee or change the advance notification period;
B) Changes in the type of asbestos-containing material that will be removed; or
C) Changes in the start date, completion date, or work schedule, including hours of work. Asbestos contractors or property owners participating in the NWCAA work schedule fax program are not required to submit amendments for work schedule changes occurring between the start and completion dates.
2) Optional Amendments
A) An amendment may be submitted to the Control Officer for any other change in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in 570.4(d) of this Regulation unless prior arrangements for payment have been made with the Authority.
B) Contractors and property owners participating in the Authority work schedule fax program may, within 45 days after the last completion date on record, submit an amendment to the Control Officer for the removal of additional asbestos-containing material not identified during the asbestos survey. If more than 45 days have lapsed since the last completion date on record, the requirements of 570.4(a), including notification periods and fees, shall apply.))
The Control Officer may waive the advance notification period, if the property owner submits a written request that demonstrates to the Control Officer that an asbestos project or demolition must be conducted immediately because of any of the following:
1. There was a sudden, unexpected event that resulted in a public health or safety hazard;
2. The project must proceed immediately to protect equipment, ensure continuous vital utilities, or minimize property damage;
3. Asbestos-containing materials were encountered that were not identified during the asbestos survey; or
4. The project must proceed to avoid imposing an unreasonable burden.
d) Notification Period and Fees
|Project||Size or Type||Notification Period||Fee|
|Owner-Occupied, Single Family Residence (asbestos project and/or demolition)||All||Prior Notice||$25|
|All Other Demolitions with no asbestos project||All||10 days||$0|
|Asbestos Project*||10-259 linear ft.
48-159 square feet.
|Asbestos Project||260-999 linear ft.
160-4,999 sq. ft.
|Asbestos Project||> 1,000 linear ft. >
5,000 sq. ft.
|Alternate Means of Compliance (demolitions or friable asbestos-containing materials)||570.7 (a) or (c)||10 days||Add'l fee equal to project fee|
|Alternate Means of Compliance (non-friable asbestos-containing materials)||570.7(b)||10 days||Add'l fee equal to project fee|
|Annual||570.4 (a)(8)||Prior Notice||$500|
The Control Officer may waive the asbestos project fee and notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.
PASSED: November 12, 1998 Amended: July 14, 2005
SECTION 590 - PERCHLOROETHYLENE DRY CLEANERS
590.6 Recordkeeping. Each dry cleaning facility shall have an Operation and Maintenance Plan and the following records which shall be kept on-site and available for inspection upon request by the NWCAA ((
that includes the
590.61 A record of dates and results of all monitoring, inspections, and repair of the dry cleaning system.
590.62 If a refrigerated condenser is used on a dry-to-dry machine, dryer, or reclaimer, a weekly record of the air temperature measured at the outlet of the refrigerated condenser during the cool-down period to verify compliance with Subsection 590.41.
590.63 If a refrigerated condenser is used on a washer, a weekly record of the difference between the air temperatures measured at the inlet and outlet of the refrigerated condenser to verify compliance with Subsection 590.42.
590.64 If a carbon adsorber is used on a dry cleaning system, a weekly record of outlet perchloroethylene concentration to verify compliance with 590.51.
590.65 A record of the volume of perchloroethylene purchased each month including receipts of perchloroethylene purchases and a calculation of the amount of perchloroethylene purchased over the previous 12 months.
590.7 Prohibitions. It shall be unlawful to operate a multi-machine dry cleaning operation in which washing and drying are performed in different machines (transfer system) after December 31, 1999.
590.8 Major Source Requirements. If the dry cleaning system is located at a facility that emits 10 tons or more of perchloroethylene annually, the facility must meet the additional requirements set forth in 40 CFR Part 63, Subpart M.
590.9 Exemptions. Dry cleaning systems that commenced construction or reconstruction prior to December 8, 1991 are exempt from 590.4 and 590.5 if the amount of perchloroethylene purchased over the previous 12 months is less than 140 gallons.
PASSED: February 8, 1996 Amended: July 14, 2005
APPENDIX A - AMBIENT MONITORING, EMISSION TESTING, AND CONTINUOUS EMISSION AND OPACITY MONITORING
(Applicability date: Facilities will have one year from the date of adoption of this Appendix to achieve full compliance with its requirements.)
I. AMBIENT MONITORING
(A) METHODS AND EQUIPMENT
(1) Sulfur dioxide stations shall employ EPA's automated equivalent method. All other monitors shall be operated and maintained as described in the appropriate Sections of 40 CFR Part 50 and 40 CFR Part 58.
(2) Sample collection lines and instrument manifolds shall be constructed of Teflon or glass. Residence time in the sampling line shall not exceed 20 seconds.
(3) Analyzers shall be designated EPA reference or EPA designated equivalent method. Sulfur dioxide monitors shall be operated in the 0 to 1 ppm range.
(4) A Quality Assurance (QA) manual and a station log book shall be kept for all stations. The station log book shall be used to record all ongoing activities associated with station operation. Upon approval by the NWCAA, electronic log books may be utilized.
(5) Strip charts shall be used for all monitors unless the data acquisition system is capable of generating trend graphs from one-minute measurement averages. Paperless strip charts are acceptable if configured to store one-minute measurement averages. For sulfur dioxide stations using data acquisition based storage, one-minute data shall be reviewed for possible 5-minute violations.
(6) All stations shall be operated on Pacific Standard Time (PST).
(1) Instruments shall be calibrated with National Institute of Standards and Technology (NIST) reference materials or NIST-traceable secondary standards, using standard reference methods and EPA-approved procedures.
(2) Each instrument shall be calibrated at least once every six (6) months and whenever span or precision checks deviate by more than 10% of the true value or the absolute value of the zero response is equal to or greater than five times the resolution of the monitor (for sulfur dioxide monitors, 0.005 ppm)
(3) Data precision shall be determined using single point precision checks performed at least once every two (2) weeks. Precision tests are performed by challenging the analyzer with a test gas of known concentration (between 0.080 and 0.100 ppm for sulfur dioxide). Precision data must be within ±10% of the true value.
(4) Data accuracy shall be assessed by performance audits and weekly span checks. All continuous analyzers are to be zeroed and spanned at least weekly at 70% to 90% of scale using a test gas of known concentration. Make appropriate calibration adjustments if the analyzer response deviates by more than 10% from the true value.
(5) All standard materials used for calibrations, precision and span checks shall be recertified every 6 months, or new standard materials shall be used.
(6) If precision and span checks are conducted at the same time, the precision test shall be conducted prior to any zero and span adjustments.
(7) Gaseous monitors shall not be zeroed or span checked manually when pollutant levels are detected at more than 50% of any applicable 5-minute or hourly short-term standard. Monitors shall not be zeroed or spanned more than twice a day.
(8) Written calibration and precision/span check procedures shall be included in the QA manual required under paragraph I(A)(4).
(1) Preventive maintenance for the ambient analyzers and calibration systems shall be performed in accordance with procedures described in the QA manual required under paragraph I(A)(4) and the methods referenced in I(A)(1).
(2) All scheduled and unscheduled maintenance shall be recorded in the station log book.
(3) Written preventive maintenance procedures shall be included in the QA manual required under paragraph I(A)(4).
(1) A station audit shall be conducted by the NWCAA at least once per year. The NWCAA audit does not fulfill any requirements specified under I(B).
(2) The NWCAA audit shall include an assessment of precision/accuracy of the instrument, a review of QA manual and other QA materials, siting parameters and operating procedures, as well as an inspection of the station log for maintenance and calibration documentation.
(3) When a monitor does not fall within defined limits or tolerances, ambient data shall be invalidated back to the most recent point in time at which measurements are known to be accurate or an event which can be identified as the probable cause of the failure.
(E) DATA RECORDING, VALIDATION AND REPORTING
(1) For each station visit, the following information shall be recorded in the station log book:
(a) Date, time, and personnel identification
(b) Room temperature minimum/maximum and current value
(c) Reason for visit
(d) Actions taken
(e) Time period for which the analyzer was offline
(2) All quality assurance procedures shall be described in detail in the QA manual, including but not limited to:
(a) General description of the monitor installation, including model and serial numbers
(b) General operating procedures
(c) Calibration, precision, span check procedures, and associated control limits
(d) Preventive maintenance procedures
(e) Corrective maintenance procedures
(f) Data recording, processing, and validation procedures
(g) Spare parts list
(h) Training of operators
(i) Vendor contact information
(j) Personnel information
(3) For reporting purposes, ambient air quality data are to be averaged for each clock hour. Strip chart recorder time shall not differ from the time of the data acquisition system by more than 10 minutes.
(4) Data shall be collected on strip chart recorders (except as noted under I(A)(5)), as well as a digital data acquisition system. Strip charts shall be reviewed, and checked against the appropriate data logger values. The strip charts shall be initialed by the station operator during each station visit.
(5) All questionable data such as significant sudden spikes, excessively noisy signals, or other unusual data patterns should be investigated, and, if appropriate, voided. For an hour/day to be considered valid, a minimum of 45 minutes/18 hours of valid data shall be collected, respectively. Data collected during span/precision checks, calibrations or maintenance shall be considered invalid. Data collected during periods of exceedance of the acceptable temperature range are invalid and shall be flagged; validation shall be subject to review by the Director.
(6) Monthly diskettes containing the validated pollutant concentration data in SAROAD format shall be submitted to the NWCAA no later than twenty (20) days after the end of the reporting month. Other file formats, as well as data submittal via e-mail may be approved by the Director.
(7) Whenever the ambient SO2 concentration is measured to be 0.800 ppm for five (5) or more consecutive minutes, a supplemental written report shall be submitted with the monthly monitoring data, indicating the time, actual concentrations, and possible reason(s) (if known) for each period of excess SO2.
(8) Whenever monitoring equipment required by an Order of Approval to Construct, an air operating permit, or enforcement action, for any reason, fails to provide data for a continuous period of twenty-four (24) hours or longer, or if more than two (2) consecutive days with less than eighteen (18) hours of valid data occur, the NWCAA shall be notified. Notification shall be made within seventy-two (72) hours after the first invalid day occurs.
(9) For each monitoring station, the operator shall provide a supplemental report when daily data capture (defined as the percentage of valid hours for a midnight to midnight monitoring period) falls below 90%. This report shall list the reasons for the low data capture.
(10) All data strip charts and site logs shall be kept for at least five years.
NON - CRITERIA POLLUTANTS
(F) METHODS AND EQUIPMENT
(1) Ambient measurements of pollutants not listed as criteria pollutants in the FCAA may be required by the NWCAA. Guidelines for methods, equipment, associated operations, data recording and reporting shall be approved by the NWCAA on a case by case basis.
(G) METHODS AND EQUIPMENT
(1) The meteorological system shall accurately measure wind speed and wind direction and be approved by the Director. The data accuracy shall fall within the following control limits:
(a) wind speed: ±2 mph
(b) wind direction: ±10 degrees
(c) temperature: ±2 degrees F
(2) Instruments measuring wind direction shall be oriented to true north.
(3) A log book shall be kept for each meteorological system. Dates and description of initial installation, results of calibrations, preventive maintenance and operational checks, and operator initials shall be recorded in the log book. Upon approval by the NWCAA electronic log books may be utilized.
(4) All station installations shall meet EPA siting criteria (Quality Assurance Handbook for Air Pollution Measurement Systems - Volume IV - Meteorological Measurements) (EPA-600/4-82-060, revised 1989).
(1) A performance audit shall be conducted once every two years (22-24 months from the last performance audit) by an independent auditor. A performance audit shall also be performed if the siting parameters or location changes or new equipment is installed. The audit shall be conducted within 90 days, if new equipment is installed or a change in siting parameters occurs, and shall evaluate the following:
(a) As-found orientation
(b) Wind speed threshold check
(c) Wind direction threshold check
(d) Wind speed accuracy check
(e) Wind direction accuracy check
(2) A system audit may be conducted periodically by the NWCAA. This audit shall include an examination of all site logs, instrument siting and installation, daily operating procedures, preventive maintenance, and calibration data and methods.
(I) DATA RECORDING AND REPORTING
(1) All meteorological data shall be reported as hourly averages. When wind speed is less than two (2) miles per hour and there is no predominant wind direction, the direction may be reported as 000 degrees. If there is a predominant wind direction, an average shall be reported.
(2) Meteorological data calibration reports and results from independent performance audits shall be submitted to the NWCAA no later than thirty (30) days after the end of the month in which they were conducted.
(3) Monthly diskettes containing the validated meteorological data in SAROAD format shall be submitted no later than twenty (20) days after the end of the reporting month. Other file formats, as well as data submittal via e-mail may be approved by the Director.
II. EMISSION TESTING
(1) Unless specified in an applicable subpart, the test length for an emission test shall, whenever possible, equal or exceed the time period of the standard with which the test is to demonstrate compliance.
(2) Emission tests shall, whenever possible, employ methods with established detection limits (DL) lower than the applicable standard. Minor modifications to the test methods, designed to increase method precision, may be approved by the Director, provided that such modifications do not represent a major modification to the test method, or a less stringent interpretation of applicable regulations.
(3) Where measured concentrations or emissions of pollutants are below the method detection limit, the value of the detection limit shall be used to calculate average emissions, and the results shall be reported as "less than DL" if all runs were below the DL, and "less than" the average of the runs if one or more runs were above the DL. The detection limit shall be in units of the standard and actual DLs, whether standard or calculated, must be reported. Reagent blanks below the DL shall use a value of zero. In Method 23, DLs shall be treated as written in the method. DLs for similar pollutants cannot be added or averaged.
(4) Gas dilution systems used for instrument calibration shall comply with EPA Method 205.
(B) TEST PLANS AND TEST DATES
(1) A source test plan shall be submitted for approval by the NWCAA for all compliance source tests at least thirty (30) days prior to the scheduled date, unless otherwise specified in an applicable subpart. A summary of the test shall accompany the test plan and be submitted on a template provided by the NWCAA. CGA and RATAs are not considered source tests.
(2) Once a test plan has been approved by the NWCAA, any changes in test dates or methodology shall require NWCAA approval, provided such changes do not conflict with other requirements or extend the test date beyond the date specified in a subpart.
(C) OPERATING CONDITIONS
(1) Unless otherwise specified in an applicable subpart or a permit condition, the facility shall operate at normal conditions resulting in the highest emissions. Normal operation shall exclude periods of startup, shutdown, or unit malfunction. Soot blowing is considered part of normal operations.
(2) If maximum capacity does not represent the condition which results in the highest emissions, the facility may be required to repeat the test at different load conditions and/or during use of a different fuel.
(3) All operating parameters, listed and approved under II(B) shall be recorded during the test.
(D) TEST STOPPAGES
(1) Once initiated, a compliance test shall be completed, except as noted in II(D)(2). Failure to complete a test shall be a violation of the requirement to test, and, in cases where the initial data indicate non-compliance with the applicable emission standard, a violation of that standard.
(2) A stack test may be stopped due to severe weather, tester equipment failure, unit failure, safety considerations, or other conditions beyond the control of the facility. The NWCAA observer may void a test or individual run on-site if procedures are determined to be employed incorrectly.
(3) Data generated during aborted tests shall be appended to the report of the valid repeat test. Documentation of the reasons for test stoppage shall be included in the test report. Test stoppages under II(D)(2) do not provide an extension of any test deadline.
(1) Compliance tests shall be completed prior to the required test deadline as listed in the applicable subpart or a permit condition. Failure to conduct a timely compliance test constitutes a violation of the requirement to test.
(F) TEST REPORT
(1) A test report shall be submitted to the NWCAA no later than 60 (sixty) days after the completion of the test, unless otherwise specified by an applicable subpart.
(2) A summary of the test shall accompany the test report and submitted on a template provided by the NWCAA.
(3) All field data, operational data listed in the test plan, quality assurance information, sample calculations, and other supporting information, such as certificates for gas standards, or meter box and calibrations, shall be included in the test report.
(G) REQUIREMENTS FOR RE-TESTING
(1) A facility shall be required to repeat a test, and may be required to conduct source tests more frequently, if one or more of the following conditions are encountered:
(a) The facility exceeded the applicable standard.
(b) If the test was stopped for any reason.
(c) If operating conditions or testing methodology deviated significantly from those described in the original test plan.
(d) If the test was voided by the NWCAA.
III. CONTINUOUS EMISSION AND OPACITY MONITORING
(1) Unless subject to acid rain regulations (40 CFR Part 75), all continuous emission monitoring (CEM) systems shall be capable of meeting the appropriate EPA performance specification using procedures outlined in 40 CFR 60, Appendix B. CEMs subject to acid rain regulations shall be capable of meeting the specifications outlined in the appropriate Section of 40 CFR Part 75.
(2) All CEMs shall be operated in accordance with the appropriate Section of 40 CFR 60, Appendix F.
(3) A Quality Assurance (QA) and a station log book shall be kept for all stations. The station log book shall be used to record all ongoing activities associated with station operation.
(4) The operator shall assess the operation of each CEM daily. The date, time, operator and location shall be written on the strip chart and log book each time the monitor is checked manually. Recorder charts shall be documented with explanations for unusual traces, maintenance, invalid data, calibrations, etc. On a case-by-case basis the NWCAA may approve the use of electronic log books.
(5) For gaseous CEMs, "continuous" shall be defined as a minimum of one measurement every 15 minutes, i.e., four equally spaced data points comprising an hourly average.
(6) For continuous opacity monitors (COMs), "continuous" shall be defined as a minimum of one measurement every 15 seconds.
(7) Continuous emission rate monitors shall comply with 40 CFR Part 60, Appendix B, Specification 6. The flow portion of the system shall be checked periodically against EPA Method 2.
(1) CEM calibration drift (precision) checks shall be conducted daily in accordance with 40 CFR Part 60, Appendix F and the written operational procedures.
(2) The instrument shall be adjusted in accordance with the requirements of the applicable performance specification of 40 CFR Part 60, Appendix B.
(3) Temperature monitors shall be accurate to within 5 degrees F, unless otherwise specified in a subpart.
(4) A section on calibration check and adjustment procedures shall be included in the CEM QA document.
(5) Continuous opacity monitors shall be calibrated as outlined in 40 CFR Part 60, Appendix B, Specification 1 and the manufacturer's procedures.
(1) Continuous opacity monitors shall be maintained according to "Recommended Quality Assurance Procedures for Opacity Continuous Emission Monitoring Systems" (EPA 340/1-86-10) and the manufacturer's procedures.
(2) All gaseous CEMs shall be maintained using QA criteria of 40 CFR Part 60, Appendix F and the manufacturer's procedures.
(3) Temperature monitors shall be maintained according to manufacturer's recommendations.
(4) A section on preventive maintenance procedures shall be included in the CEM QA document.
(D) AUDITING - CONTINUOUS OPACITY MONITORS (COMS)
(1) Accuracy checks shall be performed according to EPA "Recommended Quality Assurance Procedures for Opacity Continuous Emission Monitoring Systems" (EPA 340/1-86-10). Testing in addition to otherwise applicable requirements shall be implemented as follows:
(a) On-stack performance audit: A calibration error check shall be conducted if accuracy or linearity of data does not comply with applicable specifications.
(b) An off-stack (clear path) zero alignment shall be conducted if the percentage difference between the simulated zero check response and the true value is greater than suggested manufacturer's limits or standards.
(2) System audits may be conducted by the NWCAA. The audit may include an on-site inspection of the opacity monitor and a review of operating procedures, site log, documentation of data collection activity, and location criteria.
(3) Multi-performance audits may be conducted by the NWCAA to assess data accuracy and to determine if the opacity monitor meets the applicable performance specification.
(E) AUDITING - GASEOUS MONITORS
(1) Data accuracy assessments shall be performed at least once every calendar quarter and at periodic intervals determined by monitor performance and data accuracy.
Data accuracy assessments shall be conducted in accordance with procedures outlined in 40 CFR Part 60, Appendix F. The following testing methods shall be used as described in Part 60:
(a) Relative Accuracy Test Audit (RATA)
(b) Relative Accuracy Audit (RAA)
(c) Cylinder Gas Audit (CGA)
The Relative Accuracy Test Audit shall be conducted at least once every four (4) calendar quarters as described in the applicable performance specification outlined in 40 CFR Part 60, Appendix B.
(2) All audits shall assess accuracy in units of the applicable standard with which compliance is being determined and shall test the entire system. Accuracy calculations shall be based on the output of the CEM's data acquisition system.
(3) Data accuracy assessments which require the CEM to be off-line shall not be performed during periods in which the CEM is measuring greater than 75% of the applicable standard without prior approval by the NWCAA.
(4) System audits may be conducted by the NWCAA. The audit may include an on-site inspection of the CEM and a review of operating procedures, site log, documentation of data collection activity, and location criteria.
(5) Multi-performance audits may be conducted by the NWCAA to assess data accuracy and to determine if the CEM meets the applicable performance specification.
(F) DATA RECORDING, VALIDATION AND REPORTING
(1) Strip charts shall be used for all monitors unless the data acquisition system is capable of generating trend graphs from one-minute averages. Paperless strip charts are acceptable if configured to store one-minute averages (15-second or better averages for opacity monitors). Strip chart times shall not deviate from the time of the data acquisition system by more than 10 minutes.
(2) All gaseous CEMs shall be able to digitally capture and store data in at least 5-minute averages, unless the data acquisition system is used to replace strip charts in which case one-minute storage shall be required. Opacity monitoring systems shall be capable of storing 15-second averages.
(3) All data shall be retained for a period of at least five (5) years and be available to the NWCAA upon request.
(4) Each CEM shall have a log book or file on site. Any work performed on any portion of CEM system shall be recorded, including the following information:
(a) Date, time, and personnel identification
(b) Reason for station visit
(c) Action(s) taken
(d) Time period for which the analyzer was offline
(5) Each CEM shall have a QA manual on site which address all quality control requirements outlined in 40 CFR Part 60, Appendix F, Section 3. All QA procedures should be described in sufficient detail to assure that all operators carry out procedures in the same manner. At a minimum, the following shall be included:
(a) Instrument installation description including model and serial numbers
(b) Operating procedures including daily check procedures and pertinent instrument settings
(c) Procedures for calibration and calibration drift assessment
(d) Quality control limits and instrument adjustments procedures
(e) Preventive maintenance procedures
(f) Data recording, validation, backup, and reporting procedures
(g) Accuracy assessment procedures for CGAs and RATAs
(h) Corrective action plan for malfunctioning CEM, including reporting requirements
(i) List of personnel responsible for the CEM
(j) Vendor names and addresses
(k) Spare parts inventory
(l) Training procedures
(6) Data from strip chart recorders or recording devices approved under III(F)(1), shall be reviewed and, if applicable, compared to corresponding data logger values, and then signed by the station operator. At a minimum, the following information shall be checked and appropriately labeled:
(a) Zero and span/precision checks
(b) Preventive maintenance operations
(c) QA activities
(d) Unusual chart traces
(e) Time, date, and personnel identification
(7) Pre-adjustment values for automatically adjusting monitors shall be documented (40 CFR Part 60, Appendix F, Section 4.2).
(8) All unusual or questionable data shall be investigated and, if appropriate, be voided. For gaseous monitors, a minimum of 45 minutes of valid data in a 1-hour period is required for the hour to be considered valid. A minimum of 18 hours of valid data in a 24 hour period is required for the day to be considered valid.
(9) CEM data shall be considered invalid, and flagged for reporting purposes, if:
(a) The monitor is not operated and maintained in accordance with the applicable performance specifications of 40 CFR Part 60, Appendix B.
(b) Quality assurance procedures are not in accordance with 40 CFR Part 60, Appendix F.
(c) The CEM or is not operative or off line.
(d) The monitor is being zeroed or spanned.
(e) The CEM is "out-of-control" as defined in 40 CFR Part 60, Appendix F.
(10) Data generated during QA audits (e.g., CGAs), calibration, and calibration drift checks shall be excluded for purposes of compliance determination.
(11) For reporting purposes, averaging periods for CEMs are one (1) clock hour for gaseous monitors, six (6) minutes for opacity monitors, and fifteen (15) minutes for temperature monitors, unless otherwise specified by applicable limits.
(12) Missing data substitution: Missing or invalid data shall be substituted using the following procedures:
(a) Missing data from CEMs that are turned off during periods of excess emissions shall be reported as exceedances of all applicable emission standards.
(b) Parametric, engineering, or source test data may be utilized for data substitution during periods of normal operation as demonstrated by operating data.
(c) If neither (a) nor (b) above apply, the following substitution scheme is to be used:
|Previous 30 day data availability||Up to 24 hours of missing data:||Greater than 24 hours of missing data|
|95%||Average of last and first valid hour bracketing the missing data period.||The average of first and last valid hour or the 90th percentile value during the last 720 hours, whichever is greater|
|Previous 30 day data availability||Up to 8 hours of missing data:||Greater then 8 hours of missing data|
|Average of last and first valid hour bracketing the missing data period||The average of first and last valid hour or the 95th percentile value during the last 720 hours, whichever is greater|
|< 90%||Maximum hourly average over the last 30 days||Maximum hourly average over the last 30 days|
(14) CEMs are required to maintain greater than 90% data availability on a monthly basis. A supplemental report shall be submitted if during any calendar month a CEM system fails to produce 90% data availability, stating the reason(s) for the low data availability.
(15) The following data shall be submitted to the NWCAA on a monthly basis or according to the applicable standard:
(a) Time, date, magnitude, and cause of all emissions or temperatures which exceed the applicable standard(s).
(b) The cause and time periods of any bypass of the air pollution control equipment.
(c) The cause and time periods of CEM downtime not associated with routine QA or maintenance operations.
(d) Data availability for each CEM, listed by unit and parameter.
(e) Supplemental report for system with 90% monthly data availability.
(f) Other data or information as required by the Director.
(16) Monthly reports shall be postmarked no later than thirty (30) days after the end of the reporting month.
(17) A Data Assessment Report as defined in 40 CFR Part 60 Appendix F, Section 7 shall be submitted to the NWCAA on a quarterly basis and other time interval as specified by the NWCAA.
PASSED: July 14, 2005
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.