ENERGY FACILITY SITE
[Filed May 22, 2019, 10:54 a.m.]
Title of Rule and Other Identifying Information: This rule making would revise adoption-by-reference chapter 463-78 WAC, General and operating permit regulations for air pollution sources.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal would revise the adoption-by-reference to provide continuity with the current version(s) of department of ecology updated air rules.
Reasons Supporting Proposal: The energy facility site evaluation council (EFSEC) is updating its adoption-by-reference of the WAC air rules to incorporate the updates made by department of ecology air rules: Chapter 173-400 WAC, updated October 25, 2018; chapter 173-401 WAC, updated September 16, 2018; and chapter 173-460 WAC, updated June 20, 2009.
Statutory Authority for Adoption: RCW 80.50.040
(1), chapter 34.05
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: EFSEC, governmental.
Name of Agency Personnel Responsible for Drafting: Tammy Mastro, Commerce Specialist, P.O. Box 43172, Olympia, WA 98504-3172, 360-664-1359; Implementation and Enforcement: Sonia Bumpus, EFSEC Manager, P.O. Box 43172, Olympia, WA 98504-3172, 360-664-1363.
This notice meets the following criteria to use the expedited adoption process for these rules:
Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Sonia Bumpus, Manager, EFSEC, P.O. Box 43172, Olympia, WA 98504-3172, phone 360-664-1363, email EFSEC@utc.wa.gov, AND RECEIVED BY July 22, 2019.
May 22, 2019
AMENDATORY SECTION(Amending WSR 15-16-033, filed 7/27/15, effective 8/27/15)
WAC 463-78-005Adoption by reference.
(1) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-400 WAC, as it existed on ((December 29, 2012))November 25, 2018, with the exceptions that:
(a) WAC 173-400-111 (5)(a) (last six words), (6), (9), ((and WAC 173-400-720 is adopted by reference except the date in WAC 173-400-720 (4)(a)(vi) is May 1, 2015, and WAC)) 173-400-730(4), and 173-400-750(2) second sentence are not adopted by reference((,)); and
(b) The terms "ecology," "authority," "director," and "permitting authority" in WAC 173-400-030 shall mean "the energy facility site evaluation council" unless a different meaning is plainly required by the context.
Adoption of federal rules.
Relocation of portable sources.
General standards for maximum emissions.
Emission standards for combustion and incineration units.
Emission standards for general process units.
(5) and (7) only:
Emission standards for certain source categories.))
Emission standards for sources emitting hazardous air pollutants.
Emission limits during startup and shutdown.
Voluntary limits on emissions.
Records, monitoring, and reporting.
New source review (NSR) for sources and portable sources.
Processing notice of construction applications for sources, stationary sources and portable sources.
Requirements for new sources in nonattainment areas.
Requirements for new sources in attainment or unclassifiable areas.
Requirements for replacement or substantial alteration of emission control technology at an existing stationary source.
Special protection requirements for federal Class I areas.
Issuance of emission reduction credits.
Use of emission reduction credits (ERC).
Public ((involvement))notice and opportunity for public comment.
Requirements for nonattainment areas.
Creditable stack height and dispersion techniques.
Adjustment for atmospheric conditions.
Review of major stationary sources of air pollution.
Prevention of significant deterioration (PSD).
Prevention of significant deterioration application processing procedures.
PSD permitting public involvement requirements.
Revisions to PSD permits.
Major stationary source and major modification in a nonattainment area.
Major stationary source and major modification definitions.
Determining if a new stationary source or modification to a stationary source is subject to these requirements.
Emission offset requirements.
Actual emissions plantwide applicability limitation (PAL).
Public involvement procedures.
(2) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-401 WAC, as it existed on September ((10, 2011))16, 2018, with the exception that (a) WAC 173-401-620 (2)(((a)))(i) is not adopted by reference, and (b) the terms "ecology," "authority," "director," and "permitting authority" shall mean "the energy facility site evaluation council" unless a different meaning is plainly required by the context.
Permit application form.
Insignificant emission units.
Thresholds for hazardous air pollutants.
Categorically exempt insignificant emission units.
Units and activities defined as insignificant on the basis of size or production rate.
Emission standards and limitations.
Monitoring and related recordkeeping and reporting requirements.
Standard terms and conditions.
Federally enforceable requirements.
Action on application.
Requirement for a permit.
Permit renewal, revocation and expiration.
Administrative permit amendments.
Changes not requiring permit revisions.
Reopening for cause.
Review by affected states.
(3) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-406 WAC, as it existed on March 1, 2005.
Part I - GENERAL PROVISIONS
Acid rain program general provisions.
Measurements, abbreviations, and acronyms.
New units exemption.
Retired units exemption.
Part II - DESIGNATED REPRESENTATIVE
Part III - APPLICATIONS
Acid rain permit applications.
Requirement to apply.
Information requirements for acid rain permit applications.
Permit application shield and binding effect of permit application.
Part IV - COMPLIANCE PLAN
Acid rain compliance plan and compliance options.
Part V - PERMIT CONTENTS
Acid rain permit.
Part VI - PERMIT ISSUANCE
Acid rain permit issuance procedures.
Statement of basis.
Issuance of acid rain permits.
Part VII - PERMIT REVISIONS
Administrative permit amendment.
Automatic permit amendment.
Part VIII - COMPLIANCE CERTIFICATION
Annual compliance certification report.
Units with repowering extension plans.
Part IX - NITROGEN OXIDES
Nitrogen oxides emission reduction program.
Part X - SULFUR DIOXIDE OPT-IN
Sulfur dioxide opt-ins.
(4) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-460 WAC, as it existed on ((March 1, 2005))June 20, 2009.
((Requirements,))Applicability ((and exemptions)).
New source review.
Requirement to quantify emissions.
Control technology requirements.
Ambient impact requirement.
((Demonstrating ambient impact compliance.))First tier review.
Second tier ((analysis))review.
((Request for risk management decision.))Third tier review.
Acceptable source impact levels.
Scientific review and amendment of acceptable source impact levels and lists.
((Class A toxic air pollutants: Known, probable and potential human carcinogens and acceptable source impact levels.))Table of ASIL, SQER, and de minimis emission values.
Class B toxic air pollutants and acceptable source impact levels.))
(5) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-441 WAC, as it existed on January 1, 2011.
General monitoring, reporting, recordkeeping and verification requirements.
Authorization and responsibilities of the designated representative.
Standardized methods and conversion factors incorporated by reference.
Compliance and enforcement.
Calculation methods incorporated by reference from 40 C.F.R. Part 98 for facilities.
Petitioning ecology to use an alternative calculation method to calculate greenhouse gas emissions.
Ecology to share information with local air authorities and with the energy facility site evaluation council.
AMENDATORY SECTION(Amending WSR 06-06-037, filed 2/23/06, effective 3/26/06)
(1) Purpose. The registration program is used by the council to develop and maintain a current and accurate record of air contaminant sources subject to chapter 80.50
RCW. Information collected through the registration program is used to evaluate the effectiveness of air pollution strategies in collaboration with the department of ecology, and to verify source compliance with applicable air pollution requirements.
(2) Requirement to register. Except as provided in subsection (3) of this section, the owner or operator of each source subject to chapter 80.50
RCW shall register the source with the council. Sources subject to the Operating permit regulation in chapter 173-401 WAC are not required to comply with these registration requirements.
(3) The following sources are exempt from registration:
(a) A source that emits pollutants below the following emission rates:
Carbon monoxide. . . .
Nitrogen oxides. . . .
Sulfur dioxide. . . .
Particulate Matter (PM). . . .
Fine Particulate (PM10). . . .
Volatile Organic Compounds (VOC). . . .
Lead. . . .
(b) A source or emission unit that does not emit measurable amounts of Class A ((or Class B)) toxic air pollutants specified in WAC 173-460-150 ((and 173-460-160)).
(4) Initial registration. The owner or operator of a source that exists on the effective date of this rule must register the source with the council by no later than one year after the effective date of this rule. The owner or operator of a new source must register with the council within ninety days after beginning operation.
(5) Annual reregistration. After initial registration, the owner or operator of a source must reregister with the council by February 15 of each year. The reregistration must include all of the information required in the initial registration and must be updated to reflect any changes to such information since the previous registration. For information that has not changed since the previous registration, the owner or operator may reaffirm in writing the correctness and current status of the information previously furnished to the council.
(6) Registration format. Registration shall be in a format approved by the council. Each registration submittal shall include the following information:
(a) Name of the source and the nature of the business;
(b) Street address, telephone number((, facsimile number,)) and email address of the source;
(c) Name, mailing address, telephone number((, facsimile number)) and email address of the owner or operator;
(d) Name, mailing address, telephone number((, facsimile number)) and email address of the local individual responsible for compliance with this rule;
(e) Name, mailing address, telephone number((, facsimile number)) and email address of the individual authorized to receive requests for data and information;
(f) A description of the production processes and a related flow chart;
(g) Identification of emission units and air pollutant generating activities;
(h) A plot plan showing the location and height of all emission units and air pollutant generating activities. The plot plan must also show the property lines of the air pollution source and indicate the distance to and direction of the nearest residential or commercial property;
(i) Type and quantity of fuels, including the sulfur content of fuels, used on a daily and annual basis;
(j) Type and quantity of raw materials used on a daily and annual basis;
(k) Estimates of the total actual emissions for the air pollution source of the following air pollutants: Particulate matter emissions, PM10 emissions, sulfur dioxide (SO2), nitrogen oxides (NOX), carbon monoxide (CO), volatile organic compounds (VOC), lead (Pb), fluorides, sulfuric acid mist, hydrogen sulfide (H2S), total reduced sulfur (TRS), and reduced sulfur compounds;
(l) Calculations used to determine the estimated emissions in (k) of this subsection;
(m) Estimated efficiency of air pollution control equipment under present or anticipated operating conditions; and
(n) Any other information specifically requested by the council.
(7) Procedure for estimating emissions. The registration submittal must include an estimate of actual emissions taking into account equipment, operating conditions, and air pollution control measures. The emission estimates must be based upon actual test data, or in the absence of such data, upon procedures acceptable to the council. Any emission estimates submitted to the council must be verifiable using currently accepted engineering criteria. The following procedures are generally acceptable for estimating emissions from air pollution sources:
(a) Source-specific emission tests;
(b) Mass balance calculations;
(c) Published, verifiable emission factors that are applicable to the source;
(d) Other engineering calculations; or
(e) Other procedures to estimate emissions specifically approved by the council.
(8) Other reports required.
(a) A report of closure shall be filed with the council within ninety days after operations producing emissions permanently ceased at any source within the council's jurisdiction.
(b) A report of relocation of the source shall be filed with the council no later than ninety days prior to the relocation of the source. Submitting a report of relocation does not relieve the owner or operator of other site certification agreement amendment requirements pursuant to chapter 463-66 WAC, nor does it relieve the owner or operator from the requirement to obtain a permit or approval to construct if the relocation of the air pollution source would be a new source or modification subject to any federal or state permit to construct rule.
(c) A report of change of owner or operator shall be reported to the council within ninety days after the change in ownership is effective. Submitting the report of change of ownership does not relieve the owner or operator of other site certification agreement amendment requirements pursuant to chapter 463-66 WAC.
(9) Certification of truth and accuracy. All registrations and reports must include a certification by the owner or operator as to the truth, accuracy, and completeness of the information. This certification must state that, based on information and belief formed after reasonable inquiry, the statements and information are true, accurate, and complete.
(10) The council shall ensure that the following, as it pertains to sources covered under this rule, is passed on to ecology in a timely manner for inclusion in its permit register:
(a) Public meetings or hearings on draft operating permits;
(b) Receipt of complete applications;
(c) Permit appeals;
(d) Issuance or denial of final permit, permit modifications, or renewals;
(e) Authorization for a source to operate without an operating permit by limiting its potential to emit to levels below those that would require the source to obtain an operating permit;
(f) Periodic summaries of enforcement order and changes made without revising the permit pursuant to WAC 173-401-722.