WSR 13-24-010

PERMANENT RULES

DEPARTMENT OF ECOLOGY

[Order 12-05—Filed November 21, 2013, 11:32 a.m., effective December 22, 2013]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this rule making is to:

•	Adopt a new rule, chapter 173-476 WAC, Ambient air quality standards, that contains the federal national ambient air quality standards for large and small particles (PM-10 and PM-2.5), lead, sulfur oxides, nitrogen oxides, ozone, and carbon monoxide. The rule retains the more stringent annual sulfur oxide state standard with a sunset provision.
•	Repeal three outdated rules because the new chapter 173-476 WAC includes updated versions:

o	Chapter 173-470 WAC, Ambient air quality standards for particulate matter.
o	Chapter 173-474 WAC, Ambient air quality standards for sulfur oxides.
o	Chapter 173-475 WAC, Ambient air quality standards for carbon monoxide, ozone, and nitrogen dioxide.

Citation of Existing Rules Affected by this Order: Repealing chapters 173-470, 173-474, and 173-475 WAC.

Statutory Authority for Adoption: Chapter 70.94 RCW provides statutory authority to adopt rule changes.

Adopted under notice filed as WSR 13-16-083 on August 6, 2013.

Changes Other than Editing from Proposed to Adopted Version: RCW 34.05.325 (6)(a)(ii) requires ecology to describe the differences between the text of the proposed rule as published in the Washington State Register and the text of the rule as adopted, other than editing changes, stating the reasons for the differences.

There are some differences between the proposed rule filed on August 6, 2013, and the adopted rule filed on November 20, 2013. Ecology made these changes for all or some of the following reasons:

•	In response to comments we received.
•	To ensure clarity and consistency.
•	To meet the intent of the authorizing statute.

The following content describes the changes and ecology's reasons for making them.


Section	Change(s)	Purpose/Effect
030	Rephrased first sentence which states the definitions in chapter 173-400 WAC also apply in this rule.	Improved readability.
	Alphabetized list of definitions.	Improved readability.
	Reordered "Federal Equivalent Method or FEM" and ["]Federal Reference Method or FRM" so acronym is listed before the full term.	Improved rule usability because that is what the reader will be looking up in the definition.
	Added definition for µg/m3.	Unit used in rule and table.
	Added "v" to ppm (pppmv [ppmv]).	Added ("v") for volume to clarify the correct method to denote pollutants in the air.
100	Changed title.	Better approximation of title in 40 C.F.R. Part 51.
110	Changed title.	Better approximation of title in 40 C.F.R. Part 51.
120	Added word "lead" to first sentence and removed "Pb" throughout section.	Added for clarity and consistency.
130 (1)(b)	Changed emission standard from 0.1 ppmv to 0.14 ppmv.	Change required by Environmental Protection Agency (EPA) to accommodate difference in state and EPA rounding conventions. Because the state standard has one less significant digit, measured values in the 0.145 to 0.149 ppm range would be considered a violation of the federal standard but not the state standard. This would make the state standard less stringent in some situations. To resolve this, we chose to go to a two significant digits measured value of 0.14.
130 (1)(d)	Added "v" to "ppb" for clarity.	Made more consistent with the intent of the definition. Added ("v") for volume to clarify the correct method to denote pollutants in the air.
130(2)	Removed extraneous word.	No need to include "part" when referencing a specific subsection within a section of C.F.R.
130(3)	Removed extraneous word.	Including "part" was incorrect when referencing a specific subsection within a section of C.F.R.
130 (4)(a)	Added the twenty-four hour average from WAC 173-476-130 (4)(b) and corrected the rounding convention description. Minor edit for clarity.	Both the annual and the twenty-four-hour standards have the same number of significant figures. Changed the twenty-four hour standard to 0.14 ppmv to reflect this. Rounding convention now matches federal rounding convention.
130 (4)(b)	Combined with WAC 173-476-130 (4)(a).	Consistency and clarity.
140(1)	Added "v" to "ppb" for clarity.	Added ("v") for volume to clarify the correct method to denote pollutants in the air.
180(2)	Minor rewording.	Added clarity and consistency.
900	Deleted extraneous word in title.	Not an appendix.
	Changed reference to sulfur dioxide/measurement method in appendix.	Corrected reference.
	Added "v" to ppm and ppb.	Added ("v") for volume to clarify the correct method to denote pollutants in the air.

A final cost-benefit analysis is available by contacting Margo Thompson, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6827, fax (360) 407-7534, e-mail margo.thompson@ecy.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 13, Amended 0, Repealed 19; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

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

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

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

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

Date Adopted: November 20, 2013.

Maia D. Bellon

Director

REPEALER

The following chapter of the Washington Administrative Code is repealed:


WAC 173-470-010	Purpose.
WAC 173-470-020	Applicability.
WAC 173-470-030	Definitions.
WAC 173-470-100	Ambient air quality standards.
WAC 173-470-110	Particle fallout standards.
WAC 173-470-150	Method of measurement.
WAC 173-470-160	Reporting of data.

REPEALER

The following chapter of the Washington Administrative Code is repealed:


WAC 173-474-010	Purpose.
WAC 173-474-015	Objective.
WAC 173-474-020	Applicability.
WAC 173-474-030	Definitions.
WAC 173-474-100	Air quality standards.
WAC 173-474-150	Measurement method.
WAC 173-474-160	Data reporting.

REPEALER

The following chapter of the Washington Administrative Code is repealed:


WAC 173-475-010	Purpose.
WAC 173-475-020	Definitions.
WAC 173-475-030	Air quality standards.
WAC 173-475-040	Measurement methods.
WAC 173-475-050	Reporting of data.

Chapter 173-476 WAC

AMBIENT AIR QUALITY STANDARDS

NEW SECTION

WAC 173-476-010 Purpose.

This chapter establishes maximum acceptable levels in the ambient air for particulate matter, lead, sulfur dioxide, nitrogen oxides, ozone, and carbon monoxide.

NEW SECTION

WAC 173-476-020 Applicability.

(1) The provisions of this chapter apply to all areas of the state of Washington.

(2) All federal regulations referenced in this regulation are adopted as they exist on August 3, 2013.

NEW SECTION

WAC 173-476-030 Definitions.

Definitions in chapter 173-400 WAC apply to this chapter. Definitions specific to this chapter include:

"FEM" or "Federal Equivalent Method" means an EPA designated ambient air quality sampling and analysis method that has been designated as an equivalent method according to 40 C.F.R. Part 53. It does not include a method for which an equivalent method designation has been canceled according to 40 C.F.R. 53.11 or 53.16.

"FRM" or "Federal Reference Method" means an EPA designated ambient air quality sampling and analysis method specified in an appendix to 40 C.F.R. Part 50, or a method that has been designated as a reference method according to 40 C.F.R. Part 53. It does not include a method for which a reference method designation has been canceled according to 40 C.F.R. 53.11 or 53.16.

"mg/m3" means milligrams per cubic meter.

"Period" means any interval of the specified time.

"PM" means particulate matter.

"ppbv" means parts per billion by volume.

"ppmv" means parts per million by volume.

"µg/m3" means micrograms per cubic meter.

NEW SECTION

WAC 173-476-100 Ambient air quality standard for PM-10.

(1) Standard for PM-10. The twenty-four-hour average concentration of PM-10 in the ambient air must not exceed 150 µg/m3 more than one time per year, on a three-year average.

(2) Measurement method. The levels of PM-10 in the ambient air must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix J and designated according to 40 C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix K must be used.

NEW SECTION

WAC 173-476-110 Ambient air quality standards for PM-2.5.

(1) Standards for PM-2.5.

(a) The three-year average of the annual arithmetic mean concentration of PM-2.5 must not exceed 12.0 μg/m3.

(b) The three-year average of the ninety-eighth percentile twenty-four-hour average concentration of PM-2.5 must not exceed 35 μg/m3.

(2) Measurement method. The levels of PM-2.5 in the ambient air must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix L and designated according to 40 C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix N must be used.

NEW SECTION

WAC 173-476-120 Ambient air quality standard for lead (Pb).

(1) Standard for lead. The three-month rolling average concentration of lead and its compounds in the ambient air must not exceed 0.15 μg/m3.

(2) Measurement method. The levels of lead in the ambient air must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix G and designated according to 40 C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix R must be used.

NEW SECTION

WAC 173-476-130 Ambient air quality standards for sulfur oxides (sulfur dioxide).

(1) Standard for sulfur oxides (measured as sulfur dioxide).

(a) Annual. The annual average concentration for sulfur oxides in the ambient air must not exceed 0.02 ppmv in a calendar year.

(b) Twenty-four-hour. The twenty-four-hour average concentration for sulfur oxides in the ambient air must not exceed 0.14 ppmv more than once per calendar year. The twenty-four-hour averages must be determined from successive nonoverlapping twenty-four-hour blocks starting at midnight each calendar day.

(c) Three-hour. The three-hour average concentration for sulfur oxides in the ambient air must not exceed 0.5 ppmv more than once per calendar year. The three-hour averages must be determined from successive nonoverlapping three-hour blocks starting at midnight each calendar day.

(d) One-hour. The three-year average of the annual ninety-ninth percentile of the daily maximum one-hour average concentrations for sulfur oxides in the ambient air must not exceed 75 ppbv.

(2) Measurement method. The levels of sulfur oxides must be measured as sulfur dioxide by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix A-1 or A-2; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation methods.

(a) The annual arithmetic mean is based on the average of hourly data. To be used in calculating the annual average, the hourly data must be at least seventy-five percent complete in each calendar quarter of the year.

(b) The interpretation method for the twenty-four-hour average found in 40 C.F.R. Part 50.4(d) must be followed.

(d) The interpretation method for the one-hour average found in 40 C.F.R. Part 50, Appendix T must be followed.

(4) Rounding of values.

(a) The annual arithmetic mean and twenty-four-hour averages must be rounded to two decimal places. Fractional parts equal to or greater than 0.005 ppmv must be rounded up.

(b) The three-hour standard averages must be rounded to one decimal place. Fractional parts equal to or greater than 0.05 ppmv must be rounded up.

(5) Sunset provision. The ambient standards in WAC 173-476-130 (1)(a) and (b) are no longer applicable in a specific area one year after the effective date of the EPA's designation of attainment status of that area for the standard in WAC 173-476-130 (1)(d) and 40 C.F.R. 50.17.

NEW SECTION

WAC 173-476-140 Ambient air quality standards for nitrogen oxides (nitrogen dioxide).

(1) Standards for nitrogen oxides (measured as nitrogen dioxide).

(a) The annual average concentration for nitrogen oxides in ambient air must not exceed 53 ppbv (100 µg/m3) measured in the ambient air as nitrogen dioxide.

(b) The three-year average of the ninety-eighth percentile of the daily maximum one-hour average concentration of nitrogen oxides must not exceed 100 ppbv, as measured in the ambient air as nitrogen dioxide.

(2) Measurement method. The levels of nitrogen oxides must be measured as nitrogen dioxide by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix F; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix S must be followed.

NEW SECTION

WAC 173-476-150 Ambient air quality standard for ozone.

(1) Standard for ozone. The three-year average of the annual fourth highest daily maximum eight-hour average concentration of ozone in the ambient air must not exceed 0.075 ppmv.

(2) Measurement method. The levels of ozone in the ambient air must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix D and designated according to 40 C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix P must be followed.

NEW SECTION

WAC 173-476-160 Ambient air quality standards for carbon monoxide.

(1) Standards for carbon monoxide.

(a) The eight-hour average concentration of carbon monoxide in the ambient air must not exceed 9 ppmv (10 milligrams per cubic meter) more than once per year.

(b) The one-hour average concentration of carbon monoxide in the ambient air must not exceed 35 ppmv (40 milligrams per cubic meter) more than once per year.

(2) Measurement method. The levels of carbon monoxide in the ambient air must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix C and designated according to 40 C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. An eight-hour average must be considered valid if at least seventy-five percent of the hourly averages for the eight-hour period are available. In the event that only six (or seven) hourly averages are available, the eight-hour average must be computed on the basis of the hours available using six (or seven) as the divisor.

(4) Rounding of values. When summarizing data for comparison with the standards, averages must be stated to one decimal place. Comparison of the data with the levels of the standards in ppmv must be made in terms of integers with fractional parts of 0.5 or greater rounding up.

NEW SECTION

WAC 173-476-170 Monitor siting criteria.

Ambient monitors must be sited as required in 40 C.F.R. Part 58.

NEW SECTION

WAC 173-476-180 Reference conditions.

(1) All measurements of air quality that are expressed as mass per unit volume µg/m3 must be corrected to:

(a) A reference temperature of 25°C; and

(b) A reference pressure of 760 millimeters of mercury (1,013.2 millibars (hectopascals)).

(2) Exception for measurements of PM-2.5 and lead. Measurements of PM-2.5 and lead must be reported based on the actual ambient air volume measured at the actual ambient temperature and pressure at the monitoring site during the measurement period.

NEW SECTION

WAC 173-476-900 Table of standards.

Disclaimer: This table is provided as an overview. See complete rule for more detail.


Pollutant		Averaging Time	Level	Remarks	Measurement Method	Interpretation Method
Particle Pollution	PM-10	24-hour	150 μg/m3	Not to be exceeded more than once per year averaged over 3 years	40 C.F.R. Part 50, Appendix J	40 C.F.R. Part 50, Appendix K
	PM-2.5	Annual	12.0 μg/m3	Annual mean, averaged over 3 years	40 C.F.R. Part 50, Appendix L	40 C.F.R. Part 50, Appendix N
	PM-2.5	24-hour	35 μg/m3	98th percentile, averaged over 3 years	40 C.F.R. Part 50, Appendix L	40 C.F.R. Part 50, Appendix N
Lead		Rolling 3-month average	0.15 µg/m3	Not to be exceeded	40 C.F.R. Part 50, Appendix G	40 C.F.R. Part 50, Appendix R
Sulfur Dioxide		Annual	0.02 ppmv	Not to be exceeded in a calendar year	40 C.F.R. Part 50, Appendix A-1 or A-2	WAC 173-476-130(3)
		24-hour	0.14 ppmv	Not to be exceeded more than once per year
		3-hour	0.5 ppmv	Not to be exceeded more than once per year
		1-hour	75 ppbv	99th percentile of 1-hour daily maximum concentrations, averaged over 3 years
Nitrogen Dioxide		Annual	53 ppbv	Annual Mean	40 C.F.R. Part 50, Appendix F	40 C.F.R. Part 50, Appendix S
Nitrogen Dioxide		1-hour	100 ppbv	98th percentile of 1-hour daily maximum concentrations, averaged over 3 years	40 C.F.R. Part 50, Appendix F	40 C.F.R. Part 50, Appendix S
Ozone		8-hour	0.075 ppmv	Annual fourth-highest daily maximum 8-hr concentration, averaged over 3 years	40 C.F.R. Part 50, Appendix D	40 C.F.R. Part 50, Appendix P
Carbon Monoxide		8-hour	9 ppmv	Not to be exceeded more than once per year	40 C.F.R. Part 50, Appendix C	WAC 173-476-160(3)
Carbon Monoxide		1-hour	35 ppmv	Not to be exceeded more than once per year	40 C.F.R. Part 50, Appendix C	WAC 173-476-160(3)