WSR 19-10-028
PERMANENT RULES
DEPARTMENT OF ECOLOGY
[Order 18-03—Filed April 23, 2019, 3:52 p.m., effective May 24, 2019]
Effective Date of Rule: Thirty-one days after filing.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: These three rules adopt by reference some provisions from chapter 173-400 WAC applicable during startup, shutdown, and malfunction (SSM). The following SSM provisions in chapter 173-400 WAC would take effect on the effective date of Environmental Protection Agency's (EPA) removal of WAC 173-400-107 from the Washington state implementation plan (SIP):
Alternative opacity emission standards for:
ºSoot blowing and grate cleaning;
ºStartup and shutdown of hog fuel or wood-fired boiler with dry particulate matter controls; and
ºFurnace refractory curing.
Excess emissions reporting, WAC 173-400-108.
Unavoidable excess emissions, WAC 173-400-109.
The following provisions remain in effect until EPA removes WAC 173-400-107 from SIP:
Unavoidable excess emissions, WAC 173-400-107; and
Exemptions from opacity emission standards for soot blowing/grate cleaning and orchard heating.
Purpose: The amendments focused on the following statewide air quality rules that are enacted under RCW 70.94.395 to set requirements and standards for pulping mills and primary aluminum plants:
Chapter 173-405 WAC, Kraft pulping mills;
Chapter 173-410 WAC, Sulfite pulping mills; and
Chapter 173-415 WAC, Primary aluminum plants.
The primary purpose of this revision is to align these three statewide rules with the general regulations for air pollution sources (chapter 173-400 WAC), the federal Clean Air Act (CAA), and EPA SSM policy.
CAA and EPA's SSM policy require emission standards to apply continuously without automatic or discretionary exemptions, even during periods of SSM. Contrary to CAA requirements and EPA SSM policy, chapter 173-400 WAC exempted or allowed a source to avoid an enforcement action for exceedances of emission standards during periods of startup, shutdown, and scheduled maintenance (80 F.R. 33840). EPA determined WAC 173-400-107 had overly broad enforcement discretion that potentially barred enforcement action by EPA and citizens in federal courts (80 F.R. 33840). On August 16, 2018, ecology adopted amendments to chapter 173-400 WAC to correct EPA-identified deficiencies, and meet CAA requirements and SSM policy that allow comprehensive enforcement of applicable requirements.
This rule making harmonizes chapters 173-405, 173-410, and 173-415 WAC with chapter 173-400 WAC through adoption by reference of SSM related provisions to:
Remove impermissible provisions that shield sources from civil penalties for excess emissions during startup, shutdown, and scheduled maintenance.
Establish alternative emission standards for soot-blowing and grate cleaning, refractory curing, and startup and shutdown of hog-fuel boilers with dry particulate controls.
Outline the process for establishing facility-specific alternative emission limits for specific short-term operation modes like SSM that exceed the otherwise applicable emission standards in SIP.
Simplify the excess emission notification and reporting requirements.
We also made other amendments that include:
Extending the time allowed for submission of source testing reports to sixty days instead of fifteen days for pulping mills and thirty days for primary aluminum plants. We did this to provide a more realistic time frame to complete and submit a source test report to ecology.
Deleting provisions that are outdated and not applicable to facilities covered by these rules.
Correcting typos and citations, and clarifying rule language without changing the intent of the rules.
Citation of Rules Affected by this Order: New WAC 173-415-075; and amending WAC 173-405-021, 173-405-040, 173-405-072, 173-405-077, 173-405-086, 173-405-087, 173-410-021, 173-410-040, 173-410-062, 173-410-067, 173-410-086, 173-410-087, 173-415-015, 173-415-030, and 173-415-060.
Statutory Authority for Adoption: Chapter 70.94 RCW, Washington Clean Air Act, RCW 70.94.395.
Adopted under notice filed as WSR 18-22-124 on November 7, 2018.
Changes Other than Editing from Proposed to Adopted Version: WAC 173-415-030 Emission standards: After considering the public comments on the proposed rule, ecology decided not to adopt the amendments in WAC 173-415-030(7) that are related to performance testing frequency for secondary total fluoride emissions from potlines of primary aluminum plants. We decided this in order to achieve the primary purpose of this rule making within our established timeline. The primary purpose of this rule making is to align the three rules with the new SSM requirements adopted in chapter 173-400 WAC, CAA and EPA's SSM policy. Ecology will continue to evaluate the options to address fluoride emissions monitoring frequency in a future action, in a manner that protects human health and the environment and meets the needs of the stakeholders.
A final cost-benefit analysis is available by contacting Debebe Dererie, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 360-407-7558, people with speech disability may call TTY at 877-833-6341, people with impaired hearing may call Washington relay service at 711, email debebe.dererie@ecy.wa.gov, web site https://fortress.wa.gov/ecy/publications/SummaryPages/1902006.html.
Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 5, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 6, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, 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: April 23, 2019.
Maia D. Bellon
Director
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-021Definitions.
The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly required by context, the following words and phrases as used in this chapter shall have the following meanings:
(1) "Ecology" means the department of ecology.
(2) "Kraft mill" means any manufacturing facility which uses an alkaline solution containing sodium hydroxide and/or sodium sulfide, and any other chemical pulping facility, except those covered by chapter 173-410 WAC, to produce pulp and/or paper products from wood fibers. For the purposes of this regulation "kraft mill" is equivalent to "source."
(((2)))(3) "Noncondensibles" means gases and vapors from the digestion and evaporation processes of a mill that are not condensed with the equipment used in those processes.
(((3)))(4) "Recovery furnace stack" means the stack from which the products of combustion from the recovery furnace are emitted to the ambient air.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-040Emission standards.
In addition to the general applicability of chapters 173-400 and 173-490 WAC to all emission sources; no kraft pulp mill shall cause or permit air contaminant emissions in excess of the limits listed below. Specific emission standards listed in this chapter will take precedence over the general emission standards of chapter 173-400 WAC.
(1) Recovery furnaces.
(a) The particulate emissions from each recovery furnace stack shall not exceed 0.23 grams of particulate per dry cubic meter at standard conditions (0.10 grains/dscf) corrected to eight percent oxygen averaged over three one hour tests.
(b) The TRS emissions from each recovery furnace stack constructed before January 1, 1970, and for recovery furnaces that have direct contact evaporators, shall not exceed 17.5 ppm corrected to eight percent oxygen for a daily average.
(c) The TRS emissions from each recovery furnace constructed after January 1, 1970, which does not have a contact evaporator, shall not exceed 5.0 ppm corrected to eight percent oxygen for a daily average.
(2) Smelt dissolver tank vent. The particulate emissions from smelt dissolver tank vents shall not exceed 0.15 grams per kilogram (0.30 pounds per ton) of solids fired at the associated recovery furnace.
(3) Lime kilns.
(a) The particulate emission from each lime kiln stack shall not exceed 0.30 grams of particulate per dry cubic meter (0.13 grains/dscf) at standard conditions corrected to ten percent oxygen.
(b) The TRS emissions from any lime kiln stack shall not exceed eighty ppm expressed as hydrogen sulfide for more than two consecutive hours in any one day.
(c) The average daily emission of TRS from any lime kiln stack shall not exceed fifty ppm. After January 1, 1985, TRS emissions from each lime kiln stack shall not exceed twenty ppm corrected to ten percent oxygen for a daily average.
(4) Other TRS emissions units.
(a) Noncondensibles from digesters, multiple-effect evaporators and condensate stripper system shall ((at all times)) be treated to reduce the emissions of TRS equal to the reduction achieved by thermal oxidation in a lime kiln.
(b) A backup treatment system or equivalent approved by ecology must be installed to assure continual treatment of noncondensibles.
(5) Other particulate emissions units. The emission of particulates from emissions units other than kraft recovery furnaces, lime kilns, or smelt dissolving tank vents, shall not exceed the following maximums:
(a) 0.46 grams per dry cubic meter at standard conditions (0.2 grains/dscf) corrected to seven percent oxygen, for units which combust wood and wood residue to produce steam and which commenced construction prior to January 1, 1983.
(b) 0.12 grams per dry cubic meter at standard conditions (0.05 grains/dscf) corrected to seven percent oxygen, for units which combust fuel other than wood and wood residue to produce steam, and which commenced construction after January 1, 1983.
(c) 0.23 grams per dry cubic meter at standard conditions (0.1 grains/dscf) corrected to seven percent oxygen in the case of combustion units, for units not classified under (a) or (b) of this subsection.
(6) Opacity.
(a) No person shall cause or allow the emission of a plume from any kraft recovery furnace, smelt dissolver tank, or lime kiln, which has an average opacity greater than thirty-five percent for more than six consecutive minutes in any sixty minute period, except as described in WAC 173-405-040(7).
(b) No person shall cause or allow the emission of a plume, from any emissions unit other than a kraft recovery furnace, smelt dissolver tank, or lime kiln, which has an average opacity greater than twenty percent for more than six consecutive minutes in any sixty minute period((, except that these provisions do not apply when the emissions occur due to soot blowing/grate cleaning and the operator can demonstrate that the emissions will not exceed twenty percent opacity for more than fifteen minutes in any eight consecutive hours. The intent of this provision is to permit soot blowing and grate cleaning necessary to the operation of the boiler facility. This practice, except for testing and trouble shooting, is to be scheduled for the same approximate times each day and ecology shall be advised of the schedule)). The emissions unit shall comply with the alternative visible emission standard for:
(i) Soot blowing or grate cleaning in WAC 173-400-040 (2)(a);
(ii) Hog fuel or wood fired boiler in operation before January 24, 2018, in WAC 173-400-040 (2)(e); and/or
(iii) Furnace refractory in WAC 173-400-040 (2)(f).
(c) There shall be no more than one violation notice issued in any sixty minute period.
(d) These provisions (of WAC 173-405-040(6)) shall not apply when the presence of uncombined water is the only reason for the opacity of the plume to exceed the applicable maximum.
(7) ((Each mill may petition for, and ecology may establish by regulatory order, alternate opacity limits for a specific kraft recovery furnace or lime kiln, providing:
(a) The mill can demonstrate compliance; with all other applicable emission limits; and
(b) Best practicable operation and maintenance procedures, as approved by ecology, are continuously employed.
(8) Any person electing to apply for exceptions per the provisions of WAC 173-405-040(7) shall submit a program acceptable to ecology. The program shall include the following information: The amount and concentration of suspended particulate material emitted during best practicable operating procedures, opacity recorded at such emission level, the type of equipment and procedures which will be used to demonstrate compliance and the time required for installation of the equipment.
(9) The opacity provisions of this chapter shall apply until an application is received by ecology, petitioning for a revised limit as allowed by WAC 173-405-040(7). After a petition is received, enforcement of the opacity provisions will be stayed until the application is rejected or a new limit is established.
(10)))Alternative emission limitation. An owner or operator may request an alternative emission limit (as defined in WAC 173-400-030) under:
(a) WAC 173-400-081 for an action covered under a notice of construction application; or
(b) WAC 173-400-082 for a permit modification.
(8) Operation and maintenance. At all times, including periods of abnormal operation and upset conditions, owners and operators shall, to the extent practicable, maintain and operate any affected facility, including associated air pollution control equipment, in a manner consistent with good air pollution control practice. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to ecology which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.
(((11)))(9) SO2.
(a) The emission of sulfur dioxide from any recovery furnace or lime kiln shall not exceed five hundred ppm for an hourly average, corrected to eight percent oxygen for a recovery furnace or to ten percent oxygen for a lime kiln.
(b) The emission of sulfur dioxide from any emissions unit other than a recovery furnace or lime kiln shall not exceed one thousand ppm for an hourly average, corrected to seven percent oxygen for combustion units.
(((12)))(10) Source testing. To demonstrate compliance with this chapter, the provisions of WAC 173-400-105 shall apply to all sources to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-072Monitoring requirements.
Each mill shall conduct routine monitoring of emissions in accordance with a program that has been approved by ecology. Results of the monitoring shall be reported monthly within fifteen days of the end of each calendar month ((and)), except that source testing results shall be submitted within sixty days of completion of each source testing. All reports shall include data as follows:
(1) Particulate: The results of particulate measurements made on each source during the month.
(2) TRS:
(a) The average TRS concentration expressed in units of the standard for each recovery furnace and lime kiln stack.
(b) The date, time and concentration of TRS for each TRS emissions violation and the total numbers of hours that exceed the standard.
(3) Opacity or other continuous monitor:
(a) The date and time of opacity in excess of the standard.
(b) If equipment for continuous monitoring of opacity is not available, continuous monitoring of operating parameters may be required by a regulatory order as an alternate. If an alternate is approved, the date and time of each occurrence in excess of the regulatory order must be reported.
(4) Production: The average daily production of air-dried unbleached pulp.
(5) Other data: Each kraft mill shall furnish, upon request of ecology, such other pertinent data required to evaluate the mill's emissions or emission control program.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-077((Report of startup, shutdown, breakdown or upset conditions.))Excess emissions.
The provisions of WAC ((173-400-105(5)))173-400-107, or 173-400-108 and 173-400-109 shall apply to all sources to which this chapter is applicable.
Note:
WAC 173-400-107 is in effect until the effective date of EPA's removal of the provision from the SIP.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-086New source review (NSR).
The provisions of WAC 173-400-110 through 173-400-114 shall apply to all new sources and emissions units to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-087Prevention of significant deterioration (PSD).
The provisions of WAC ((173-400-141))173-400-700 through 173-400-750 shall apply to all new major sources and major modifications to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-021Definitions.
The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly required by context, the following words and phrases as used in this chapter, shall have the following meanings:
(1) "Acid plant" means the facility in which the cooking liquor is either manufactured or fortified when not associated with a recovery system.
(2) "Average daily emission" means total weight of an air contaminant emitted in each month, divided by the number of days of production that month.
(3) "Average daily production" means air dried tons of unbleached pulp produced in a month, divided by the number of days of production in that month.
(4) "Blow system" includes the storage chest, tank or pit to which the digester pulp is discharged following the cook.
(5) "Ecology" means the department of ecology.
(6) "Recovery system" means the process by which all or part of the cooking chemicals may be recovered, and cooking liquor regenerated from spent cooking liquor, including evaporation, combustion, dissolving, fortification, storage facilities, and emission control equipment associated with the recovery cycle.
(((6)))(7) "Sulfite pulping mill" means any manufacturing facility which uses a cooking liquor consisting of sulfurous acid, a sulfite or bisulfite salt alone or in any combination, with or without additional mechanical refining or delignification to produce pulp, pulp products or cellulose from wood fibers. For the purposes of this regulation "sulfite pulping mill" is equivalent to "source."
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-040Emission standards.
In addition to the general applicability of chapters 173-400 and 173-490 WAC to all emission sources; no sulfite pulping mill shall cause or permit air contaminant emissions in excess of the limits listed below. Specific emission standards listed in this chapter will take precedence over the general emission standards of chapter 173-400 WAC.
(1) Sulfur dioxide.
(a) The total average daily emissions from a sulfite pulping mill, or a portion of a sulfite pulping mill which practices incineration of the spent sulfite liquor, shall not exceed ten grams of sulfur dioxide per kilogram (twenty pounds per ton) of air dried, unbleached pulp produced.
(b) The total average daily emissions from a sulfite pulping mill, or a portion of a sulfite pulping mill that does not incinerate the spent sulfite liquor, shall not exceed two grams of sulfur dioxide per kilogram (four pounds per ton) of air dried, unbleached pulp produced.
(c) The blow system emissions shall not exceed 0.1 grams of sulfur dioxide per minute, on a fifteen minute average, per kilogram (0.2 pounds per ton) of air dried, unbleached pulp discharged from the digester.
(d) Emissions from the recovery system and acid plant shall not exceed 800 ppm of sulfur dioxide for any hourly average.
(e) Emissions from recovery systems constructed after January 24, 1972, shall not exceed 300 ppm of sulfur dioxide for any hourly average.
(f) Emissions from any emissions unit, other than a recovery system, a blow system or an acid plant, shall not exceed 1000 ppm of sulfur dioxide, corrected to seven percent oxygen in the case of combustion unit, for any hourly average.
(2) Particulate.
(a) Emissions of particulate from recovery systems constructed before January 24, 1972, shall not exceed 0.23 grams per dry cubic meter of exhaust at standard conditions (0.10 grains/dscf) corrected to eight percent oxygen.
(b) Emissions of particulate matter from recovery systems constructed after January 24, 1972, shall not exceed 0.14 grams per dry cubic meter of exhaust at standard conditions (0.06 grains/dscf) corrected to eight percent oxygen.
(c) The emission of particulates from emissions units other than acid plants or recovery systems shall not exceed the following maximums:
(i) 0.46 grams per dry cubic meter at standard conditions (0.2 grains/dscf) corrected to seven percent oxygen, for units which combust wood and wood residue to produce steam and which commenced construction prior to January 1, 1983.
(ii) 0.12 grams per dry cubic meter at standard conditions (0.05 grains/dscf) corrected to seven percent oxygen, for units which combust fuel other than wood and wood residue to produce steam, and which commenced construction after January 1, 1983.
(iii) 0.23 grams per dry cubic meter at standard conditions (0.1 grains/dscf) corrected to seven percent oxygen in the case of combustion units, for units not classified under (c) (i) or (ii) of this subsection.
(3) Opacity.
(a) No person shall cause or allow the emission of a plume from a recovery system or acid plant which has an average opacity greater than thirty-five percent, for more than six consecutive minutes in any sixty minute period((, except as allowed per RCW 70.94.331 (2)(c))).
(b) Visible emissions from units other than acid plants or recovery systems shall comply with WAC 173-400-040(2), except when an alternative opacity limit established under WAC 173-400-081 or 173-400-082 is applicable.
(4) Operation and maintenance. At all times, including periods of abnormal operations and upset conditions, owners and operators shall, to the extent practicable, maintain and operate any affected facility, including associated air pollution control equipment, in a manner consistent with good air pollution control practice. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to ecology which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.
(5) No recovery system shall emit total reduced sulfur (TRS) gases in excess of 17.5 ppm for a daily average.
(6) More restrictive limits. Ecology may set more restrictive emissions limits than the specific limits set in this chapter (after public involvement and hearing), if there is reason to believe that the emission(s) from a source is a cause of public nuisance or a cause of violation of ambient air quality standards. The source shall, within ninety days from notification of the more restrictive limits, achieve operation that will prevent further recurrence of the nuisance or violation.
(7) Source testing. To demonstrate compliance with this chapter, the provisions of WAC 173-400-105 shall apply to all sources to which this chapter is applicable.
(8) Alternative emission limitation. An owner or operator may request an alternative emission limitation (as defined in WAC 173-400-030) under:
(a) WAC 173-400-081 for an action covered under a notice of construction application; or
(b) WAC 173-400-082 for a permit modification.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-062Monitoring requirements.
Each mill shall conduct routine monitoring of emissions in accordance with a program that has been approved by ecology. Facilities shall report results of monitoring ((shall be reported))monthly within fifteen days of the end of each calendar month ((and)). Facilities shall submit source testing results within sixty days of completion of each source testing. All reports shall include data as follows:
(1) For the recovery system and acid plant:
(a) The average daily emissions of sulfur dioxide expressed as grams SO2 per kilogram of air dried, unbleached pulp produced and the kilograms of SO2 per day.
(b) Daily average concentration of sulfur dioxide.
(c) The date, time and concentration for each sulfur dioxide emission violation and the total number of hours that exceed the standard.
(d) The results of particulate tests conducted during the month.
(2) For the blow system:
(a) The grams of sulfur dioxide per minute, on a fifteen minute average, per kilogram of air dried, unbleached pulp discharged from the digester.
(b) The average daily production of air dried, unbleached pulp.
(3) Each mill shall furnish, upon request of ecology, such other pertinent data required to evaluate the mill's emission control program.
(4) All measurements shall be made in accordance with WAC 173-400-105.
(5) Each mill shall be required to establish a program approved by ecology for continuous opacity monitoring to demonstrate compliance with WAC 173-410-040(3) and to report the results to ecology in a format and on a schedule set by regulatory order. If equipment for continuous monitoring of opacity is not available, continuous monitoring of operating parameters may be required as an alternate until continuous opacity monitoring equipment is available.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-067((Report of startup, shutdown, breakdown or upset conditions.))Excess emissions.
The provisions of WAC ((173-400-105(5)))173-400-107, or 173-400-108 and 173-400-109 shall apply to all sources to which this chapter is applicable.
Note:
WAC 173-400-107 is in effect until the effective date of EPA's removal of the provision from the SIP.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-086New source review (NSR).
The provisions of WAC 173-400-110 through 173-400-114 shall apply to all new sources and emissions units to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-087Prevention of significant deterioration (PSD).
The provisions of WAC ((173-400-141))173-400-700 through 173-400-750 shall apply to all new major sources and major modifications to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 05-17-169, filed 8/23/05, effective 9/23/05)
WAC 173-415-015Applicability.
(1) In addition to the general applicability of chapter 173-400 WAC to all emission sources, all primary aluminum reduction plants are required to meet the emissions standards of this chapter. Specific emissions standards and requirements listed in this chapter shall supersede the general emissions standards and general requirements in chapter 173-400 WAC.
(2) All primary aluminum reduction plants are required to meet applicable National Emissions Standards for Hazardous Air Pollutants (NESHAP((s))). New primary aluminum reduction plants must also meet federal New Source Performance Standards (NSPS).
(3) ((In this rule, whenever a federal regulation is cited, the most recent version that has been adopted into Washington Administrative Code is the version of the federal regulation that is referenced. These most recent adoptions by reference can be found in chapter 173-400 WAC.))Primary aluminum reduction plants are also subject to chapter 173-481 WAC.
(4) Any federal regulations cited in this rule refer to the version of the federal regulation adopted by reference in WAC 173-400-025.
AMENDATORY SECTION(Amending WSR 05-17-169, filed 8/23/05, effective 9/23/05)
WAC 173-415-020Definitions.
The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly required by context, the following words and phrases as used in this chapter((,)) shall have the following meanings:
(1) "Ecology" means the department of ecology.
(2) "Potline" means a single discreet group of electrolytic reduction cells connected in series, in which alumina is reduced to form aluminum.
(((2)))(3) "Primary aluminum reduction plant" means any facility manufacturing aluminum by electrolytic reduction. The primary aluminum reduction plant includes the following processes and their emission control systems: Pitch storage tanks, paste production plant, anode bake furnaces and potlines. For the purposes of this regulation, "primary aluminum reduction plant" is equivalent to "source."
(((3)))(4) "Primary emission control system" means the equipment used to capture and remove the gases and particulate matter evacuated directly from the reduction cell ((and the emission control device(s) used to remove pollutants)) prior to discharge of the cleaned gas to the atmosphere((. A roof scrubber is not part of the primary control system)).
(((4)))(5) "Secondary emission control system" means the equipment used to collect and treat the gases and particulate matter that escape from the reduction cells into the potroom prior to discharge of the cleaned gas to the atmosphere. Roof scrubbers are part of the secondary emission control system.
(6) "Total fluorides (TF)" means elemental fluorine and all fluoride compounds as measured by Methods 13A, 13B or 14A in 40 C.F.R. Part 60 Appendix A or by an EPA approved alternative method.
AMENDATORY SECTION(Amending WSR 05-17-169, filed 8/23/05, effective 9/23/05)
WAC 173-415-030Emission standards.
(1) Fluoride.
(a) The emission of total fluorides from a primary aluminum reduction plant shall meet the ((MACT)) requirements ((specified)) in 40 C.F.R. 63 Subpart LL.
(b) In addition to meeting the requirements in (a) of this subsection, the emission of fluorides from a primary aluminum reduction plant shall meet the requirements in chapter 173-481 WAC.
(c) If ((the department))ecology has reason to believe that adverse fluoride impacts are occurring ((in violation of chapter 173-481 WAC)), a primary aluminum reduction plant must establish, in response to a request from ((the department))ecology, an ambient air and/or forage monitoring program approved by ((the department))ecology as required by WAC 173-481-150.
(2) Particulate. Facilities shall reduce the total emission of particulate matter to the atmosphere from the reduction process (potlines) ((shall be reduced)) to the lowest level consistent with reasonably available control technology (RACT) for primary aluminum reduction plants. The emission of solid particulate shall not exceed 7.5 grams per kilogram (fifteen pounds per ton) of aluminum produced on a daily basis. Facilities shall calculate aluminum produced ((shall be calculated by))using the method in 40 C.F.R. 63.847 (e)(6) used ((to determine))for determining aluminum production rate ((in 40 C.F.R. 63.847 (e)(6))).
(3) Visible emissions. Visible emissions from any emissions unit in a primary aluminum reduction plant shall not exceed an average twenty percent opacity for more than six consecutive minutes in any sixty-minute period. This provision shall not apply:
(a) When the presence of uncombined water is the only reason for the opacity of the plume to exceed twenty percent; or
(b) When an alternate opacity limit has been established under ((RCW 70.94.331 (2)(c)))WAC 173-400-040, 173-400-081, or 173-400-082.
(4) Fugitive emissions. Each primary aluminum reduction plant shall use RACT to prevent fugitive emissions. Fugitive dust is included in fugitive emissions.
(5) Sulfur dioxide.
(a) Total emissions of sulfur dioxide from all emissions units shall not exceed thirty grams of sulfur dioxide per kilogram of aluminum produced on a monthly average (sixty pounds per ton). ((Those primary aluminum plants which were in excess of the above sulfur dioxide limit on January 1, 1978, will be allowed to emit at the January 1, 1978, level of emissions provided that the owners or operators did demonstrate to ecology by July 1, 1981, by use of modeling and ambient measurements, that the emissions will not cause the ambient standard to be exceeded, and that the limits are placed in a regulatory order(s).))
(b) In no case shall any plant cause or permit the emission of a gas containing sulfur dioxide in excess of one thousand parts per million corrected to dry standard conditions for an hourly average.
(6) Operation and maintenance (O&M). At all times, including periods of abnormal operation and upset conditions, owners and operators shall, to the extent practicable, maintain and operate an affected facility, including associated air pollution control equipment, in a manner consistent with good air pollution control practice. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to ecology, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. The means for demonstrating ongoing compliance with good O&M may include, but not be limited to: More frequent source testing, prescriptive procedures or inspections, control values for emissions at values less than the applicable regulatory requirements and that function as an investigative trigger rather than as a limit, collection and efficiency requirements, or the use of CEMs.
(7) Source testing. To demonstrate compliance with this chapter, the testing provisions of chapters 173-400, 173-481 WAC and ((MACT))the requirements ((as specified)) in 40 C.F.R. Part 63, Subpart LL shall be ((used as)) applicable.
(8) Alternative emission limitation. An owner or operator may request an alternative emission limitation (as defined in WAC 173-400-030) under:
(a) WAC 173-400-081 for an action covered under a notice of construction application; or
(b) WAC 173-400-082 for a permit modification.
AMENDATORY SECTION(Amending WSR 05-17-169, filed 8/23/05, effective 9/23/05)
WAC 173-415-060Monitoring and reporting.
(1) When requested by ((the department))ecology, each primary aluminum reduction plant shall conduct routine monitoring of emissions, ambient air, and forage in accordance with a program that has been approved by ((the department of)) ecology. Facilities shall report results of monitoring ((shall be reported))monthly within thirty days of the end of each calendar month. Facilities shall submit source testing results within sixty days of completion of each source testing. In addition to the information required by ((the Primary Aluminum MACT,)) 40 C.F.R. Part 63, Subpart LL and chapter 173-481 WAC, the approved program shall include data as follows:
(a) Particulate emissions:
(i) Results of all emission sampling conducted during the month for particulates, shall be expressed in units used in the applicable requirements or in units specified in the monitoring plan. ((The method of calculating))
(ii) Facilities shall determine particulate emissions in units of pounds per ton ((shall be as))using the methods specified in the approved monitoring programs.
(iii) For each potline, facilities shall report particulate data ((shall be reported)) as total particulates and percentage of fluoride ion contained therein. For other units at a primary aluminum reduction plant, facilities shall report particulate data ((shall be reported)) as total particulates.
(iv) Compliance with WAC 173-415-030(2) shall be determined by measurements of emissions from the potline primary emission control system plus measurements of emissions from the potline ((roof))secondary emission control system.
(b) Fluoride emissions: Facilities shall report results of all sampling conducted during the month for fluoride emissions ((shall be reported)) in pounds of total fluoride per ton of aluminum produced. Facilities shall calculate aluminum produced ((shall be calculated by))using the method ((used to determine))for determining aluminum production rate in 40 C.F.R. 63.847 (e)(6).
(c) Other emission and ambient air data as specified in the approved monitoring program.
(2) Other data: Each primary aluminum reduction plant shall furnish other data requested by ((the department of)) ecology to evaluate a plant's emission control program.
(3) Change in raw materials or fuel: Any change or series of changes in raw material or fuel which results in a cumulative increase in emissions of sulfur dioxide of five hundred tons per year or more over that stated in the 1979 emissions inventory shall require the submittal of sufficient information to ((the department of)) ecology so that the effect upon ambient concentrations of sulfur dioxide can be determined. ((The department of))Ecology may issue regulatory orders requiring controls to reduce the effect of such increases.
NEW SECTION
WAC 173-415-075Excess emissions.
The applicable provisions of WAC 173-400-107, or 173-400-108 and 173-400-109 shall apply to all sources to which this chapter is applicable.
Note:
WAC 173-400-107 is in effect until the effective date of EPA's removal of the provision from the SIP.