WSR 26-15-013

PROPOSED RULES

SPOKANE REGIONAL

CLEAN AIR AGENCY

[Filed July 6, 2026, 9:07 a.m.]

Original Notice.

Proposal is exempt under RCW 70A.15.2040.

Title of Rule and Other Identifying Information: Amend sections in Spokane Regional Clean Air Agency (SRCAA) Regulation I, Article II, IV, V, and VI.

Hearing Location(s): On Thursday, September 3, 2026, at 9:30 a.m., at 1610 South Technology Boulevard, #101, Spokane, WA 99224; or an online Zoom link will be provided in the board meeting agenda. Comment period begins August 2, 2026, and ends at the close of the public hearing on September 3, 2026.

Date of Intended Adoption: September 3, 2026.

Submit Written Comments to: Margee Chambers, 1610 South Technology Boulevard, #101, Spokane, WA 99224, email mchambers@spokanecleanair.org, fax 509-477-6828, beginning August 2, 2026, 8:00 a.m., by September 1, 2026, 9:30 a.m.

Assistance for Persons with Disabilities: Contact Cali Maki, phone 509-477-4727 ext. 119, fax 509-477-6828, email cmaki@spokanecleanair.org, by August 31, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SRCAA is proposing administrative amendments to Regulation I, Articles II, IV, V, and VI. If adopted, the proposed changes will:

Reasons Supporting Proposal: The proposed administrative amendments support SRCAA's implementation of local, state, and federal air quality regulations. The amendments will not change fees or add new requirements for businesses to meet.

Statutory Authority for Adoption: Chapter 70A.15 RCW.

Statute Being Implemented: Chapter 70A.15 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: SRCAA, governmental.

Name of Agency Personnel Responsible for Drafting: Margee Chambers, SRCAA, 509-477-4727 ext. 114; Implementation: April Westby, SRCAA, 509-477-4727 ext. 105; and Enforcement: Derek Aubrey, SRCAA, 509-477-4727 ext. 102.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis under RCW 34.05.328 does not apply to local air pollution control agencies per RCW 70A.15.2040.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 70A.15.2040.

Explanation of exemptions: Chapter 19.85 RCW applies to state agencies. Under RCW 70A.15.2040, local air pollution control agencies are not state agencies. SRCAA is a local air pollution control agency.

Scope of exemption for rule proposal:

Is fully exempt.

July 6, 2026

Margee Chambers

Air Resource Specialist

(A) Federal Adoption by Reference. Federal rules in SRCAA Regulation I are adopted as they exist on January 1, ((2023)) 2026.

(1) The term "Administrator" means the Administrator of EPA or the Control Officer of the Agency.

(2) Where EPA has delegated to the Agency the authority to receive reports, the affected facility will submit reports to the Agency, unless otherwise instructed.

(B) State Adoption by Reference. State rules in Regulation I are adopted as they exist on January 1, ((2023)) 2026, or as amended.

(A) The Agency adopts by reference the following WACs:

(1) Chapter 173-400 WAC, including sections:

020 - Applicability.

030 - Definitions.

(a) The following definitions are adopted by reference: Adverse Impact on Visibility; Alternative Emission Limit; Capacity Factor; Class I Area; Dispersion Technique; Emission Threshold; Excess Stack Height; Existing Stationary Facility; Federal Class I Area; Federal Land Manager; Fossil Fuel-fired Steam Generator; General Process Unit; Greenhouse Gases; Hog Fuel; Industrial Furnace; Mandatory Class I Federal Area; Natural Conditions; Projected Width; Reasonably Attributable; Sulfuric Acid Plant; Transient Mode of Operation; Useful Thermal Energy; Wigwam/Silo Burner; Wood-fired Boiler; and Wood Waste.

040 - General standards for maximum emissions.

(a) Exceptions. The following subsections are not adopted by reference: 040(2), 040(6) and 040(8). 040(2) is replaced by Article VI, Section 6.02, 040(6) is replaced by ((Article VI)) Section 6.04(C), and 040(8) is replaced by ((Article VI)) Section 6.07.

050 - Emission standards for combustion and incineration units.

(a) Exceptions. The following subsections are not adopted by reference: 050 (4)(c)(ix) and 050 (5)(c)(xi).

060 - Emission standards for general process units.

070 - Emission standards for certain source categories.

075(8) - Emission standards for perchloroethylene dry cleaners.

081 - Emission limits during startup and shutdown.

082 - Alternative emission limit that exceeds an emission standard in the SIP.

091 - Voluntary limits on emissions.

105 - Records, monitoring, and reporting.

(a) Exceptions. The following subsections are not adopted by reference: 105 (3, 4, 6, and 8)

((107 - Excess emissions.))

108 - Excess emission reporting.

109 - Unavoidable excess emissions.

112 - Requirements for new sources in nonattainment areas - Review for compliance with regulations.

113 - New sources in attainment or unclassifiable areas - Review for compliance with regulations.

114 - Requirements for replacement or substantial alteration of emission control technology at an existing stationary source.

116 - Increment protection.

117 - Special protection requirements for federal Class I areas.

118 - Designation of Class I, II, and III areas.

120 - Bubble rules.

131 - Issuance of emission reduction credits.

136 - Use of emission reduction credits (ERC).

151 - Retrofit requirements for visibility protection.

161 - Compliance schedules.

175 - Public information.

180 - Variance.

190 - Requirements for nonattainment areas.

200 - Creditable stack height and dispersion techniques.

205 - Adjustment for atmospheric conditions.

210 - Emission requirements of prior jurisdictions.

220 - Requirements for board members.

240 - Criminal penalties.

260 - Conflict of interest.

560 - General order of approval.

700 - Review of major stationary sources of air pollution.

710 - Definitions.

720 - Prevention of significant deterioration (PSD).

(a) Ecology and EFSEC are the EPA-approved permitting agencies for the PSD program for Washington under the SIP. The Agency enforces PSD permits.

730 - Prevention of significant deterioration application processing procedures.

740 - PSD permitting public involvement requirements.

750 - Revisions to PSD permits.

800 - Major stationary source and major modification in a nonattainment area.

810 - Major stationary source and major modification definitions.

(a) Exceptions. The following definition is not adopted by reference: (13) lowest achievable emission rate.

820 - Determining if a new stationary source or modification to a stationary source is subject to these requirements.

830 - Permitting requirements.

840 - Emission offset requirements.

850 - Actual emissions plant wide applicability limitation (PAL).

860 - Public involvement procedures.

(2) Chapter 173-401 WAC - Operating permit regulation.

(3) Chapter 173-425 WAC - Outdoor burning.

(4) Chapter 173-430 WAC - Agricultural burning.

(5) Chapter 173-433 WAC - Solid fuel burning devices.

(6) Chapter 173-434 WAC - Solid waste incinerator facilities.

(7) Chapter 173-435 WAC - Emergency episode plan.

(8) Chapter 173-460 WAC - Controls for new sources of toxic air pollutants.

(9) Chapter 173-476 WAC - Ambient air quality standards.

(10) Chapter 173-490 WAC - Emission standards and controls for sources emitting volatile organic compounds (VOC).

(11) Chapter 173-491 WAC - Emission standards and controls for sources emitting gasoline vapors.

(12) Chapter 197-11 WAC - SEPA Rules

(A) Registration Required. The owner or operator of a stationary source must register the stationary source with the Agency annually. The owner or operator is responsible for timely submission of accurate and complete registration information and fees, except those stationary sources exempted under Section 4.03.

(B) Registration Information. The owner or operator is responsible for notifying the Agency of the existence of the source. The owner or operator must register each emissions unit located at the stationary source, including quantifiable fugitive air emissions. The owner or operator must provide information as may be required by the Agency, concerning location, size, and height of air contaminant outlets, processes employed, nature of the air contaminant emission, and such other information, as is relevant to air pollution. The owner or operator must submit updated registration information at least annually as required by the Agency, using Agency prepared and furnished forms, unless the Agency approves in writing an alternative format or method of reporting. Submission must be received within forty-five (45) days of the issue date or request, unless the Agency specifies otherwise.

(C) Signature. The owner or operator must sign each registration submission verifying the information on the form is complete and accurate.

(D) Fees. The owner or operator must submit registration fees according to SRCAA Regulation I, Article X.

(E) Reporting Requirements for Transfer, Business Name Change, or Change of Ownership.

(1) An owner or operator that changes the business name of a registered stationary source, assumes ownership of a registered stationary source, and/or assumes operational control of a registered stationary source, must report the changes to the Agency, on Agency prepared and furnished forms, within ninety (90) days of the change.

(2) Any liability for fee payment, including payment of delinquent fees and other penalties will survive any transfer of ownership and become the legal obligation of the new owner or operator.

(F) Operation and Maintenance Plan. Emissions units and control equipment at registered stationary sources must be operated as designed and kept in good operating condition.

(1) Stationary sources and portable sources must have an operation and maintenance plan for the emissions units and control equipment. The plan must include written operating instructions and maintenance schedules which follow manufacturer recommendations or good industrial practice. The plan must be available on-site within ninety (90) days of initial registration. ((or within twelve (12) months from the effective date of Section 4.02 revisions (09/01/2020), whichever is later.)) The plan must be provided to the Agency upon request.

(2) Records demonstrating compliance with the plan must be kept for the most recent twenty-four (24) months. Records must be provided to the Agency upon request.

(3) Equipment with operation and maintenance requirements specified in a written Order of Approval from the Agency are exempt from the requirements of Section 4.02(F) if the Order of Approval includes all requirements listed in Section 4.02 (F)(1) and (2).

(A) Exemptions.

(1) Air Operating Permit Sources (AOP). Stationary sources subject to Chapter 173-401 WAC (air operating permit sources) and that meet requirements in SRCAA Regulation I, Article V are exempt from the registration requirements of Article IV, Section 4.02, except Section 4.02(F) Operation and Maintenance Plan.

(2) Grain Handling Facilities:

(a) That handle less than or equal to ten (10) million bushels of grain annually. If registration has been made under the registration requirements in Section 4.02, and a registration fee paid, these facilities do not need to pay ongoing annual registration fees or meet other registration requirements as long as the stationary source continues to meet the criteria listed below (1.-3.). The stationary source is subject to all other applicable requirements of Regulation I.

1. Is properly classified as a grain warehouse or grain elevator (includes grain cleaning) under SIC code 5153/NAICS 424510;

2. Is licensed by the Department of Agriculture under Chapter 22.09 RCW or by the federal government for purposes similar to those of licensure under Chapter 22.09 RCW; and

3. Handles less than or equal to ten (10) million bushels of grain annually.

(b) That handles greater than ten (10) million bushels annually. If the licensed capacity increases to greater than ten (10) million bushels of grain annually, registration under Section 4.02 must be completed, and annual registration fee paid, prior to receiving grain from the first harvest season after the date of the increase in its licensed capacity. In addition, if required under Article V, a NOC Application must be filed and an Order of Approval issued by the Agency prior to increasing the licensed capacity of the stationary source to greater than ten (10) million bushels of grain annually.

(3) Portable Sources. Portable sources that locate temporarily at a site in Spokane County and have received an approved Permission to Operate under Article V, Section 5.08 are exempt from registration requirements under Section 4.02, except Section 4.02(F) Operation and Maintenance Plan.

(B) Exemption Documentation. The owner or operator of any source exempted from registration under Article IV must maintain documentation in order to verify that the source remains entitled to the exemption status and must present said documentation to an Agency authorized representative upon request. The owner or operator of any source that is exempted from registration must immediately:

(1) Notify the Agency of the exceedance and register the facility upon discovery of exceeding de minimis levels given in Section 4.04; and

(2) Submit a NOC Application and receive an Order of Approval from the Agency per Article V.

(C) Compliance with SRCAA Regulation I. A source with an exemption from registration under Article IV will not be construed as an exemption from any other provision of Regulation I.

(A) Subject to Registration. The following stationary sources and source categories are subject to registration. Emission rates in SRCAA Regulation I, Article IV, Section 4.04 are based on uncontrolled PTE emissions, unless otherwise noted.

(1) Stationary sources or source categories subject to state requirements:

(a) Any stationary source that qualifies as a new major stationary source, or a major modification (173-400-820 WAC).

(b) Any modification to a stationary source that requires an increase either in a facility-wide emission limit or a unit specific emission limit.

(c) Any stationary source with significant emissions as defined in WAC 173-400-810.

(d) Any stationary source where the owner or operator has elected to avoid one or more requirements of the operating permit program established in Chapter 173-401 WAC, by limiting its PTE (synthetic minor) through an order issued by the Agency.

(2) Any stationary sources or source categories:

(a) Required to obtain an Order of Approval under Regulation I, Article V.

(b) Subject to General Order of Approval (GOA) under Article V and WAC 173-400-560.

(c) For which the Control Officer determines that emissions of the stationary source, including fugitive emissions, are likely to be injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property.

(3) Stationary sources with the following operations:

(a) Abrasive blasting operations, except portable blasting operations operating at a construction site, or at a site for less than thirty (30) days in any running twelve (12) month period and abrasive blasting operations that do not exhaust or release fugitive emissions to the ambient air.

(b) Acid production plants, including all acids listed in Chapter 173-460 WAC.

(c) Agricultural chemical((s,)) facilities engaging in the manufacturing of liquid or dry((, mixing, packaging or other related air contaminant emitting operations ())fertilizers or ((concentrates,)) pesticides((, etc.))).

(d) Agricultural drying and dehydrating operations.

(e) Alumina processing operations.

(f) Ammonium sulfate manufacturing plants.

(g) Asphalt and asphalt products production operations (asphalt roofing and application equipment excluded).

(h) Brick and clay products manufacturing operations (tiles, ceramics, etc). Noncommercial operations are exempt.

(i) Cattle feedlots with an inventory of one thousand or more cattle in operation between June 1 and October 1, where vegetation forage growth is not sustained over the majority of the lot during the normal growing season.

(j) Chemical manufacturing operations.

(k) Coffee roasting operations, except batch coffee roasters with a maximum rated capacity of five (5) kg per batch or less, unless air pollution controls are required because of documented nuisance odors or emissions.

(l) Composting operations except noncommercial agricultural and noncommercial residential composting activities.

(m) Concrete production operations and ready mix plants.

(n) Flexible polyurethane foam, polyester resin, and styrene production operations.

(o) Flexible vinyl operations and urethane coating operations.

(p) Fuel refining operations, blending operations, production operations, including alternative commercial fuel production facilities (e.g. ethanol, bio-diesel, etc.)

(q) Gasoline and aviation gas storage and dispensing, including:

1. Gasoline dispensing facilities, subject to Chapter 173-491 WAC, and aviation gas dispensing facilities with total gasoline storage capacities greater than 10,000 gallons; and

2. Bulk gasoline, and aviation gas terminals, bulk gasoline and aviation gas plants, and gasoline and aviation gas loading terminals.

(r) Grain handling; seed, pea, and lentil processing facilities. Registration shall be in accordance with Article IV, Section 4.03.

(s) Hay cubing or pelletizing operations established at a dedicated collection and processing site.

(t) Insulation manufacturing operations.

(u) Metal casting facilities and foundries, ferrous.

(v) Metal casting facilities and foundries, nonferrous.

(w) Metal plating and anodizing operations.

(x) Metallurgical processing operations.

(y) Mills; grain, seed, feed and flour production, and related operations.

(z) Mills; lumber, plywood, shake, shingle, woodchip, veneer operations, dry kilns, pulpwood insulating board, grass/stubble pressboard, pelletizing, or any combination thereof.

(aa) Mills; wood products manufacturing operations (including, but not limited to, cabinet works, casket works, furniture, and wood by-products).

(bb) Mineral processing (metallic and nonmetallic), including, but not limited to, rock crushing, sand and gravel mixing operations, except stand-alone rock, soil, or wood screening/conveying operations and blasting operations.

(cc) Mineralogical processing operations.

(dd) Natural gas transmission and distribution (SIC 4923/NAICS 486210 and 221210, respectively).

(ee) Paper manufacturing operations, except Kraft and sulfite pulp mills.

(ff) Perchloroethylene dry cleaning operations.

(gg) Pharmaceuticals production operations.

(hh) Plastics and fiberglass fabrication, including gelcoat, polyester resin, or vinylester coating operations using more than 55 gals/yr of all materials containing volatile organic compounds or toxic air pollutants.

(ii) Portland Cement production facilities.

(jj) Refuse systems (SIC 4953/NAICS 562213, 562212, 562211, and 562219, respectively), including municipal waste combustors; landfills with gas collection systems or flares; hazardous waste treatment, storage, and disposal facilities; and wastewater treatment plants other than POTWs.

(kk) Rendering operations.

(ll) Semiconductor manufacturing operations.

(mm) Sewerage systems, POTWs with a rated capacity of more than one million gallons per day (SIC 4952/NAICS 221320).

(nn) Stump and wood grinding established at a dedicated collection and processing site.

(oo) Surface coating, adhesive, and ink manufacturing operations.

(pp) Surface coating operations that utilize spray applications, as defined in Article VI, Section 6.13(C), including:

1. All motor vehicle or motor vehicle component surface coating operations, except for a residential hobbyist as defined in Section 6.13(C); and

2. General surface coating operations with PTE emissions greater than 100 lbs/yr or with PTE toxic air pollutant emissions that exceed any SQER listed in Chapter 173-460 WAC.

(qq) Synthetic fiber production operations.

(rr) Synthetic organic chemical manufacturing operations.

(ss) Tire recapping operations.

(tt) Wholesale meat/fish/poultry slaughter and packing plants.

(4) Stationary sources with the following equipment:

(a) Fuel burning equipment, including but not limited to boilers, building and process heating units (external combustion) with per unit heat inputs greater than or equal to:

1. 500,000 Btu/hr using coal or other solid fuels with less than or equal to 0.5% sulfur;

2. 500,000 Btu/hr using used/waste oil, per the requirements of RCW 70A.15.4510;

3. 1,000,000 Btu/hr using kerosene, #1, #2 fuel oil, or other liquid fuel, including alternative liquid fuels (i.e., biodiesel, biofuels, etc) except used/waste oil;

4. 4,000,000 Btu/hr using gaseous fuels, such as, natural gas, propane, methane, LPG, or butane, including but not limited to, boilers, dryers, heat treat ovens and deep fat fryers; or

5. 400,000 Btu/hr, wood, wood waste.

(b) Incinerators, including human and pet crematories, burn-out ovens, and other solid, liquid, and gaseous waste incinerators.

(c) Internal combustion engines

1. Used for standby, back-up operations only, and rated at or above 500 bhp.

2. Stationary internal combustion engines, other than those used for standby or back-up operations, rated at 100 bhp or more and are integral to powering a stationary source. This includes but is not limited to, rock crushing, stump and woodwaste grinding, and hay cubing operations.

(d) ((Particulate control at m))Materials handling ((and transfer facilities)) equipment that generates fine particulate and exhausts more than 1,000 acfm to the ambient air. ((This may include cyclones, baghouses, or industrial housekeeping vacuuming systems.))

(e) Storage tanks within commercial or industrial facilities, with capacities greater than 20,000 gallons and storing organic liquids with a vapor pressure equal to or greater than 1.5 psia at 68°F.

(5) Any stationary source or stationary source category not otherwise identified above, with uncontrolled emissions rates above those listed in (a)-(d):

(a) Any single criteria pollutant, or its precursors, as defined in 40 CFR 51.165, exceeding emission rates of 0.5 tons/yr, or in the case of lead, emissions rates greater than or equal to 0.005 tons/yr;

(b) TAPs with emission rates exceeding the SQER established in Chapter 173-460 WAC;

(c) Combined air contaminants (criteria pollutants, VOCs, or TAPs) in excess of one (1.0) ton/yr; or

(d) Combined TAPs and VOC emissions greater than 0.5 tons/yr.

(e) The criteria in Section 4.04 (A)(5)(a)-(d) applies to, but is not limited to the following stationary source categories:

1. Bakeries;

2. Bed lining or undercoating production or application operations;

3. Degreasers/solvent cleaners, not subject to 40 CFR Part 63, Subpart T (Halogenated Solvent Cleaners); including, but not limited to, vapor, cold, open top, and conveyorized cleaner;

4. Distilleries;

5. Dry cleaning non-perchloroethylene operations;

6. Evaporators;

7. ((General surface)) Surface coating operations that only use non-spray application methods, as defined in Article VI, Section 6.13(C) (e.g., roller coat, brush coat, flow coat, or pre-packaged aerosol can);

8. Graphic art systems including, but not limited to, lithographic and screen printing operations;

9. Organic vapor collection systems within commercial or industrial facilities, including fume hoods;

10. Ovens, furnaces, kilns and curing with emissions other than combustion emissions;

11. Plasma or laser cutters;

12. Soil and groundwater remediation operations;

13. Sterilizing operations, including, but not limited to EtO and hydrogen peroxide, and other sterilizing operations;

14. Utilities, combination electric and gas, and other utility services (SIC 493/NAICS 221111 through 221210, not in order given);

15. Welding, brazing, or soldering operations; or

16. Wood furniture stripping and treatment operations (commercial only).

(A) Purpose. SRCAA Regulation I, Article V contains the new source review requirements for stationary and portable sources in Spokane County.

(B) Applicability. Article V applies to all stationary sources, portable sources and source categories listed in Article IV, Section 4.04, unless specifically exempted Article V, Section 5.02(I).

(C) NOC Required for New or Modified Stationary Sources. A NOC application must be filed by the owner or operator and an Order of Approval issued by the Agency prior to the establishment of any of the following stationary source or source categories:

(1) New stationary sources and source categories subject to the applicability criteria in Article IV, Section 4.04;

(2) Establishment of a new major stationary source as defined in WAC 173-400-710 and 173-400-810;

(3) Modifications to an existing stationary source which results in an increase in actual emissions or that requires an increase in either a facility-wide or a unit specific emission limit;

(4) A major modification to an existing major stationary source as defined in WAC 173-400-710 and 173-400-810;

(5) Any stationary source with emissions that exceed the SQER in Chapter 173-460 WAC;

(6) Like-kind replacement of existing emissions unit(s);

(7) Existing stationary source replacement or substantial alteration of control equipment;

(8) A stationary source or emission unit(s) resuming operation after it has been closed per Article IV, Section 4.05;

(9) An existing stationary source that is relocated;

(10) A stationary source that applies for coverage under a GOA issued by the Agency under WAC 173-400-560 in lieu of filing a NOC application under Article V, Section 5.02; or

(11) Any stationary source the Agency determines must file a NOC application and obtain an Order of Approval in order to reduce the potential impact of air emissions on human health and safety, prevent injury to plant, animal life, and property, or which unreasonably interferes with enjoyment of life and property.

(D) PSP Required for New or Modified Portable Sources. A PSP application must be filed by the owner or operator and a Permission to Operate issued by the Agency prior to the establishment of any portable sources subject to the applicability criteria in Article IV, Section 4.04, which locate temporarily at locations in Spokane County, unless specifically exempted in 5.08(D).

(E) Modification Review. New source review of a modification is limited to the emissions unit(s) proposed to be added or modified at an existing stationary source and the air contaminants whose emissions would increase as a result of the modification. Review of a major modification must comply with WAC 173-400-700 through 173-400-750 or 173-400-800 through 173-400-860, as applicable.

(F) AOP Integrated Review. An owner or operator seeking approval to construct or modify an air operating permit source, may elect to integrate review of the air operating permit application or amendment, required under RCW 70A.15.2260, and the NOC application required by Article V. A NOC application designated for integrated review must be processed in accordance with the provisions in Chapter 173-401 WAC.

(G) New Major Stationary Source or Major Modification in Nonattainment Areas. The proposed project is subject to the permitting requirements of WAC 173-400-800 through 173-400-860 if:

(1) It is a new major stationary source or major modification, located in a designated nonattainment area;

(2) The project emits the air pollutant or its precursors for which the area is designated nonattainment; and

(3) The project meets the applicability criteria in WAC 173-400-820.

(H) PSD Permitting with New Major Stationary Source or Major Modification. If the proposed project is a new major stationary source or a major modification that meets the applicability criteria of WAC 173-400-720, the project is subject to the PSD permitting requirements of WAC 173-400-700 through 173-400-750.

(I) Stationary Sources Exempt from Article V.

(1) The following stationary sources are exempt from the requirement to file a NOC application and obtain an Order of Approval, provided that the source has registered with the Agency per Article IV, prior to placing the source in operation:

(((a) Batch coffee roasters with a maximum rated capacity of five (5) kg per batch or less, unless air pollution controls are required because of documented nuisance odors or emissions.

(b))) (a) Motor vehicle or motor vehicle component surface coating operations with PTE emissions less than one hundred (100) lbs/yr and with PTE toxic air pollutant emissions that do not exceed any SQER listed in Chapter 173-460 WAC, and residential hobbyists as defined in Article VI, Section 6.13(C).

(((c))) (b) General surface coating operations that only use non-spray application methods (e.g., roller coat, brush coat, flow coat, or pre-packaged aerosol can) with PTE emissions above the thresholds listed in Article IV, Section 4.04 (A)(3)(pp)2., but below thresholds presented in Sections 4.04 (A)(5)(a-d).

(2) Exemption documentation. The owner or operator of any stationary source exempted under Article V must maintain documentation in order to verify the stationary source remains entitled to the exemption status and must present said documentation to an authorized Agency representative upon request. If an owner or operator of any source that is exempt from new source review under Article V as a result of the exemption in Section 5.02 (I)(1) exceeds the emission thresholds in those exemptions, the owner or operator must immediately notify the Agency of the exceedance and submit and NOC application and receive an Order of Approval from the Agency.

(3) Compliance with SRCAA Regulation I. An exemption from new source review under Section 5.02 (I)(1) is not an exemption from registration under Article IV or any other provision of Regulation I.

(A) NOC and PSP Information. Each NOC application or PSP application must be accompanied by appropriate documentation that provides a detailed description of the stationary source or portable source to enable the Agency to determine that the source or emissions unit will comply with Chapter 70A.15 RCW, the rules and regulations adopted thereunder, and the Agency's regulation(s). Information must be submitted on Agency prepared and furnished forms. Such information must include:

(1) The new or modified stationary source, portable source, emissions unit, or control equipment;

(2) Any equipment connected to, serving, or served by the new or modified stationary source or portable source;

(3) A plot plan, including the distance to, length, width, and height of; buildings within two hundred (200) feet, or other distance specified by the Agency, from the place where the new or modified stationary source or portable source will be installed;

(4) The proposed means for the prevention or control of the emissions of air contaminants;

(5) Estimated emissions resulting from the proposal and the basis for the estimates, or sufficient information for the Agency to determine the expected emissions;

(6) Any additional information required by the Agency to show that the proposed new or modified stationary source or portable source will meet the applicable air quality requirements of Chapter 70A.15 RCW, the rules and regulations adopted thereunder, and the Agency's regulation(s);

(7) Any additional information required under WAC 173-400-112 or WAC 173-400-113; or WAC 173-400-114; and

(8) The owner or operator must provide documentation that the requirements of Chapter 197-11 WAC, State Environmental Policy have been met. If the Agency is the lead agency for review of an Environmental Checklist (SEPA) or EIS related to the NOC or PSP application being submitted, then the owner or operator filing the SEPA must pay a SEPA review fee according to SRCAA Regulation I, Article X, Section 10.07. This fee must be paid without regard to the final SEPA determination. The cost of publishing any required public notice must be paid by the owner or operator.

(B) Signature. Each NOC or PSP application must be signed by the owner or operator of the new or modified stationary source or portable source.

(A) Public Notice and Opportunity for Public Comment.

(1) SRCAA Regulation I, Article V, Section 5.05 specifies the requirements for notifying the public about air quality actions and provides opportunities of the public to participate in those actions.

(2) Applicability to Prevention of Significant Deterioration (PSD). This Section does not apply to a NOC designated for integrated review with actions regulated by WAC 173-400-700 through 173-400-750. In such cases, compliance with the public notification of WAC 173-400-740 is required.

(B) Public Notice of Application.

(1) A notice must be published on the Agency's web site announcing the receipt of NOC applications and PSP applications. Notice will be published for a minimum fifteen (15) consecutive days. Duration does not require uninterrupted web site access. Each notice will include the following information:

(a) Notice of the receipt of the application;

(b) The type of proposed action; and

(c) A statement that the public may request a public comment period on the proposed action per Article V, Section 5.05 (B)(2).

(2) Requests for a thirty (30) day public comment period concerning applications, orders, proposed projects, or actions must be submitted to the Agency in writing via letter, fax, or electronic means within fifteen (15) days of the posting date on the Agency's web site.

(a) A thirty (30) day public comment period must be provided per Article V, Section 5.05(D) for any application or proposed action that receives such a request.

(b) Any application or proposed action for which a thirty (30) day public comment period is not requested may be processed without further public involvement at the end of the fifteen (15) day comment period referenced in Section 5.05 (B)(1).

(3) If state or federal regulations require public notice, the public notice must occur in a manner that complies with Section 5.05 and those sections of the state or federal regulations that are applicable.

(C) Mandatory Public Comment Period. A thirty (30) day public comment period must be provided per Article V, Section 5.05(D) before approving or denying any of the following:

(1) An application, order, or proposed action for which a public comment period is requested in compliance with Section 5.05 (B)(2);

(2) An order for a new stationary source or modification of an approved stationary source that increases the annual allowable emissions of the approved source to ten (10) tons or more of any air contaminant, criteria pollutant, or toxic air pollutant;

(3) A NOC or PSP application for a new or modified source if there is an increase in emissions of any air pollutant at a rate above the emission threshold rate (defined in WAC 173-400-030), or any increase in emissions of a toxic air pollutant above the acceptable source impact level for that toxic air pollutant as regulated under Chapter 173-460 WAC;

(4) Use of a modified or substituted air quality model, other than a guideline model in Appendix W of 40 CFR Part 51, as part of review under Article V, Sections 5.02 and 5.08, WAC 173-400-112, WAC 173-400-113, or WAC 173-400-117;

(5) An order to determine RACT, other than orders issued under WAC 173-400-114;

(6) An order to establish a compliance schedule or a variance. A variance shall be in accordance with Regulation I, Article III;

(7) An order to demonstrate the creditable height of a stack which exceeds the GEP formula height and sixty-five (65) meters, by means of a fluid model or a field study, for the purposes of establishing an emission limitation;

(8) An order to authorize a bubble, under RCW 70A.15.2240 and WAC 173-400-120;

(9) An action to discount the value of an ERC, issued to a source per WAC 173-400-136;

(10) A regulatory order to establish BART for an existing stationary facility;

(11) A NOC application or regulatory order used to establish a creditable emission reduction;

(12) An order issued under WAC 173-400-091 that establishes limitations on PTE;

(13) An extension of the deadline to begin actual construction of a major stationary source or major modification in a nonattainment area;

(14) The original issuance and the issuance of all revisions to a GOA issued under WAC 173-400-560;

(15) An order issued under WAC 173-400-081(4) or 173-400-082 that establishes an emission limitation that exceeds a standard in the SIP; or

(16) An NOC application or other proposed action for which the Agency determines there is a significant public interest.

(D) Public Comment Period.

(1) After all information required by the Agency has been submitted and applicable preliminary determinations, if any, have been made, a public comment period on actions listed under Section 5.05(C) must be provided for a minimum of thirty (30) days following the date the notice is first published on the Agency web site. If a public hearing is held, the comment period must extend through the hearing date.

(2) Availability for public inspection.

(a) Administrative record. The information submitted by the owner or operator, and any applicable preliminary determinations, including analyses of the effect(s) on air quality, must be available for public inspection in at least one (1) location near the proposed project or on the Agency web site for the duration of the public comment period. Duration does not require uninterrupted web site access.

(b) The Agency must post the following information on their web site for the duration of the public comment period. Duration does not require uninterrupted web site access.

1. Public notice must include the information described in Section 5.05 (D)(4);

2. Draft permit, order, or action; and

3. Information on how to access the administrative record.

(3) Publication of comment period notice.

(a) Public notice of all applications, orders, hearings, or actions listed in Article V, Section 5.05(C) must be posted on the Agency's web site for the duration of the public comment period. Duration does not require uninterrupted web site access.

(b) The Agency may supplement Agency web site notification by advertising in a newspaper of general circulation in the area of the proposed action or by other methods appropriate to notify the local community.

(4) Notice for a public comment period must include the following information:

(a) Date the public notice is posted;

(b) The name and address of the owner or operator and the affected facility;

(c) A brief description of the proposal and the type of facility, including a description of the facility's processes subject to the permit;

(d) A description of the air contaminant emissions including the type of pollutants and quantity of emissions that would increase under the proposal;

(e) The location where those documents made available for public inspection may be reviewed;

(f) Start date and end date for the thirty (30) day public comment period;

(g) A statement that a public hearing may be held if the Agency determines within a thirty (30) day period that significant public interest exists;

(h) The name, address, telephone number, and e-mail address of a person at the Agency where interested persons may obtain additional information, including copies of the permit draft, application, relevant supporting materials, compliance plan, permit, monitoring, compliance certification report, and all other materials available to the Agency that are relevant to the permit decision;

(i) For projects subject to special protection requirements for federal Class I areas in WAC 173-400-117, the public notice must explain the Agency's decision; and

(j) Any other information required under state or federal laws or regulations.

(5) The cost of publishing any public notice required by Article V, Section 5.05 must be paid by the owner or operator.

(6) EPA notification. The Agency must send a copy of the notice for all actions subject to a mandatory public comment period to the EPA Region 10 regional administrator.

(7) Consideration of public comment. The Agency must make a final decision after the public comment period has ended and comments timely received have been considered.

(8) Public hearings.

(a) The owner or operator, any interested governmental entity, group, or person may request a public hearing within the thirty (30) day public comment period. All hearing requests must be submitted to the Agency in writing via letter, fax, or electronic means. A request must indicate the interest of the entity filing it and why a hearing is warranted.

(b) The Agency may hold a public hearing if it determines significant public interest exists. The Agency will determine the location, date, and time of the public hearing. If a public hearing is held, the public comment period will extend through the hearing date and thereafter for such period, if any, as the notice of public hearing may specify.

(c) Notice of public hearings. At least thirty (30) days prior to the public hearing, the Agency must provide notice of the hearing as follows:

1. Post a public hearing notice on the Agency's web site as directed by Section 5.05 (D)(4) for the duration of the public comment period. Duration does not require uninterrupted web site access.

2. Distribute by electronic means or postal service the notice of public hearing to any person who submitted written comments on the application or requested a public hearing, and in the case of a permit action, to the owner or operator.

3. The notice must include the date, time, and location of the public hearing.

4. The Agency may supplement Agency web site notification by advertising in a newspaper of general circulation in the area of the proposed action or by other methods appropriate to notify the local community.

(E) Public Involvement for Integrated Review with an Air Operating Permit. Any NOC application designated for integrated review with an application to issue or modify an operating permit must be processed in accordance with the operating permit program procedures and deadlines (Chapter 173-401 WAC), as adopted by reference.

(F) 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).

(G) Information for Public Review. All information must be made available for public inspection at the Agency, including copies of NOC applications, Orders of Approval, regulatory orders, and modifications thereof. Exemptions from this requirement include information protected from disclosure under any applicable law, including, but not limited to, RCW 70A.15.2510 and Regulation I, Article II, Section 2.03.

(A) Opacity Limit. It shall be unlawful for any person to cause or allow the emission of air contaminant from any emission point which ((equals or)) exceeds 20% opacity for an aggregate of more than three (3) minutes in any one (1) hour period except:

(1) When the emissions occur due to soot blowing/grate cleaning and the operator can demonstrate that the emissions will not ((equal or)) exceed 20% opacity for more than fifteen (15) minutes in any eight (8) consecutive hours. The intent of this provision is to permit the soot blowing and grate cleaning necessary to the operation of boiler facilities. As such, this practice, except for testing and ((trouble shooting)) troubleshooting, is to be scheduled for the same approximate times each day and the Agency shall be advised of the schedule. The operator must maintain records sufficient to demonstrate compliance including date, start time and stop time of each episode and the results of opacity reading conducted during this time.

(2) When the owner or operator of a source supplies valid data to show that the presence of uncombined water is the only reason for the opacity to exceed 20% or an alternative opacity standard established in this section. ((When the presence of uncombined water is the only reason for the failure of an emission to meet the requirements of this section. The burden of proof to establish the quantity of uncombined water in the emission shall lie with the owner or operator who is seeking to bring the emission from his equipment or process within the requirements of SRCAA Regulation I, Article VI, Section 6.02(A).))

(3) When otherwise specifically permitted by Article VIII, Section 8.05 (i.e., solid fuel burning devices).

(a) The total duration of refractory curing shall not exceed thirty-six (36) hours;

(b) Use only clean fuel identified in 5.b. in Table 3 in 40 CFR Part 63, Subpart DDDDD;

(c) The owner or operator provides a copy of the manufacturer's instructions on curing refractory to the SRCAA;

(d) The manufacturer's instructions on curing refractory must be followed, including all instructions on temperature increase rates and holding temperatures and time;

(e) The emissions controls must be engaged as soon as possible during the curing process; and

(f) SRCAA must be notified at least one working day prior to the start of the refractory curing process.

(B) Opacity Measurement. The opacity of an air contaminant shall be measured at the point of its emission, except when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.

(C) Test Method and Procedures. Visible emissions shall be determined by using Ecology Test Method 9A in Source Test Manual - Procedures for Compliance Testing, WA State Department of Ecology, as of February 12, 2025.

(D) Emission Point. The emission limits of this section shall apply to each emission point regardless of the number of emissions units connected to a common stack.

(A) Adoption by Reference. In addition to SRCAA Regulation I, Article VI, Section 6.11, the Agency adopts by reference Chapter 173-430 WAC. The more stringent requirement in Chapter 173-430 or Section 6.11 supersedes the lesser.

(B) Purpose. The primary purpose of Section 6.11 is to establish specific requirements for agricultural burning in Spokane County, consistent with Chapter 173-430 WAC.

(C) Applicability. Section 6.11 applies to agricultural burning in all areas of Spokane County unless specifically exempted. Section 6.11 does not apply to Silvicultural Burning (see Chapter 332-24 WAC) or to Outdoor Burning (see Chapter 173-425 WAC).

(D) Statement of Authority. The Spokane Regional Clean Air Agency is empowered, pursuant to Chapter 70A.15 RCW, to administer the agricultural burning program in Spokane County. Included is the authority to:

(1) Issue and deny burning permits;

(2) Establish conditions on burning permits to ensure that the public interest in air, water, and land pollution, and safety to life and property is fully considered;

(3) Determine if a request to burn is consistent with best management practices, pursuant to WAC 173-430-050; or qualifies for a waiver, pursuant to WAC 173-430-045;

(4) Delegate local administration of permit and enforcement programs to certain political subdivisions;

(5) Declare burn days and no-burn days, based on meteorological, geographical, population, air quality, and other pertinent criteria; and

(6) Restrict the hours of burning, as necessary to protect air quality.

(E) Definitions. Unless a different meaning is clearly required by context, words and phrases used in Section 6.11 shall have the following meaning:

(1) Agricultural Burning means burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, necessary to destroy weeds or crop residue along farm fence rows, irrigation ditches, or farm drainage ditches, or where identified as a best management practice by the agricultural burning practices and research task force established in RCW 70A.15.5090 or other authoritative source on agricultural practices.

(2) Authority means the Spokane Regional Clean Air Agency (SRCAA or Agency).

(3) Episode means a period when a forecast, alert, warning, or emergency air pollution stage is declared, as provided in Chapter 173-435 WAC.

(4) Extreme Conditions means conditions, usually associated with a natural disaster, that prevent the delivery and placement of mechanical residue management equipment on the field and applies only to the growing of field and turf grasses for seed, for which a waiver is requested.

(5) Impaired Air Quality, for purposes of agricultural burning, means a condition declared by the Agency when meteorological conditions are conducive to an accumulation of air contaminants, concurrent with at least one of the following criteria:

(((a) Particulates that are ten (10) microns or smaller in diameter (PM10) are measured at any location inside Spokane County at or above an ambient level of sixty (60) micrograms per cubic meter of air, measured on a 24-hour average, by a method which has been determined by Ecology or the Agency to have a reliable correlation to the federal reference method, 40 CFR Part 50 Appendix J, or equivalent.

(c))) (a) Particulates that are two and one-half (2.5) microns or smaller in diameter (PM2.5) are measured at any location inside Spokane County at or above an ambient level of ((fifteen (15))) sixteen (16) micrograms per cubic meter of air, measured on a twenty-four (24) hour average, by a method which has been determined by Ecology or the Agency to have a reliable correlation to the federal reference method, 40 CFR Part 50 Appendix L, or equivalent.

(((d))) (b) Air contaminant levels reach or exceed other limits, established by Ecology pursuant to RCW 70A.15.3000.

(6) Nuisance means an emission of smoke or other emissions from agricultural burning that unreasonably interferes with the use and enjoyment of property or public areas.

(7) Permitting Authority means the Spokane Regional Clean Air Agency (Agency), or one or more of the following entities, whenever the Agency has delegated administration of the permitting program, pursuant to RCW 70A.15.5100, to one or more of the referenced entities, provided such delegation of authority has not been withdrawn: Spokane County, the Spokane County Conservation District, or any fire protection agency within Spokane County.

(8) Pest means weeds, disease, or insects infesting agricultural lands, crops, or residue.

(9) Prohibited Materials means garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction debris, demolition debris, metal or any substance (other than natural vegetation) that releases toxic emissions, dense smoke or obnoxious odors, when burned.

(10) Responsible Person means any person who has applied for and received a permit for agricultural burning, or any person allowing, igniting or attending to agricultural burning, or any person who owns or controls property on which agricultural burning occurs.

(F) Requirements. No person shall practice or permit the practice of Agricultural Burning, other than incidental agricultural burning pursuant to RCW 70A.15.5070(7), unless the applicant demonstrates to the satisfaction of the Agency or permitting authority that burning, as requested:

(1) Is reasonably necessary to successfully carry out the enterprise in which the applicant is engaged; or

(2) Constitutes a best management practice and no practical alternative is reasonably available.

(G) Prohibitions. No person shall practice or permit the practice of agricultural burning in any of the following circumstances:

(1) Where there is a practice, program, technique, or device, that Ecology has certified as a practical alternative to burning.

(2) When the materials to be burned include any prohibited materials.

(3) During an episode, as declared by Ecology, or during Impaired Air Quality, as declared by Ecology or the Agency for a defined geographical area.

(4) Where burning causes a nuisance or when the Agency or permitting authority determines that the creation of a nuisance would likely result from burning.

(5) Without a written permit, issued by the permitting authority, except for incidental agricultural burning, as provided in RCW 70A.15.5070(7).

(6) When the materials to be burned include any material other than natural vegetation generated on the property, which is the burning site, or was transported to the burning site by wind or water.

(7) In the case of growing of field or turf grasses for seed, unless the request to burn qualifies for a waiver for slope or extreme conditions pursuant to WAC 173-430-045(4).

(8) When a no-burn day is declared by the Agency or the permitting authority.

(H) General Conditions. Considering population density and local conditions affecting air quality, the Agency or permitting authority shall establish conditions for all permits to minimize air pollution as much as practical. Such conditions may be general (applying to all permits) or specific (applying to individual permits). Conditions may address permissible hours of burning, maximum daily burn acreage or volume of material to be burned, requirements for good combustion practice, burning under specified weather conditions, pre and post-burn reporting, and other criteria, determined by the permitting authority, as necessary to minimize air pollution. Any person who practices or permits the practice of agricultural burning shall, in addition to any specific permit conditions imposed, comply with the general agricultural burning permit conditions and criteria in WAC 173-430-070 and all of the following conditions:

(1) Whenever an episode or Impaired Air Quality is declared, or other meteorological condition occurs that the permitting authority determines is likely to contribute to a nuisance, all fires shall be extinguished by withholding new fuel or ceasing further ignition, as appropriate to allow the fire to burn down in the most expeditious manner. In no case shall a fire be allowed to burn longer than three (3) hours after declaration of an episode or Impaired Air Quality, or determination of the specific meteorological condition.

(2) Until extinguished, the fire shall be attended by a person who is responsible for the same, capable of extinguishing the fire, and has the permit or a copy of the permit in his or her immediate possession.

(3) Burning shall occur only during daylight hours, or a more restrictive period as determined by the Agency or the permitting authority.

(4) Permission from the landowner, or the landowner's designated representative, must be obtained before starting the fire.

(5) The fire district having jurisdiction shall be notified by the responsible person, prior to igniting a fire.

(6) If it becomes apparent at any time to the Agency or permitting authority that limitations need to be imposed to reduce smoke, prevent air pollution and/or protect property and the health, safety and comfort of persons from the effects of burning, the Agency or permitting authority shall notify the permittee or responsible person and any limitation so imposed shall become a condition under which the permit is issued.

(7) Follow the smoke management guidelines of the permitting authority.

(I) Administrative Requirements.

(1) All applicants for agricultural burning permits must submit their requests to burn, on forms or in a format provided by the permitting authority.

(2) The permitting authority may require additional information from the applicant, as necessary to determine if agricultural burning is reasonably necessary to carry out the enterprise, to determine how best to minimize air pollution, and as necessary to compile information for the annual program summary [Section 6.11 (K)(10)].

(3) The permitting authority may deny an application or revoke a previously issued permit if it is determined by the permitting authority that the application contained inaccurate information, or failed to contain pertinent information, which information is deemed by the permitting authority to be significant enough to have a bearing on the permitting authority's decision to grant a permit.

(4) All applicants for agricultural burning permits shall pay a fee at the time of application, according to the Consolidated Fee Schedule, established by resolution of the permitting authority. When the permitting authority is SRCAA, the fee shall be according to the schedule in Regulation I, Article X.

(5) No permit for agricultural burning shall be granted on the basis of a previous permit history.

(6) The permitting authority may waive or reduce the sixty (60) and thirty (30) day advance requirements for submitting and completing a waiver request, made pursuant to WAC 173-430-045(5), if the permitting authority determines that an alternate advance period will suffice for evaluating the request.

(J) Responsibilities of Farmers. In order to make the required showing, referenced in Section 6.11(F), a farmer, as defined in WAC 173-430-030(7), is responsible for providing the following to the permitting authority, if applicable:

(1) Advance notice of the potential need to burn, including documentation of pest problems, which if possible, shall be given prior to crop maturity.

(2) For pest management burning requests, a plan establishing how a recurring pest problem will be addressed through non-burning management practices by the following year, if possible, but by no later than three (3) years.

(3) An evaluation of alternatives to burning, including those successfully and customarily used by other farmers in similar circumstances, with particular attention to alternatives customarily used in Spokane County, which evaluation shall include an explanation as to why the alternatives are unreasonable and burning is necessary.

(4) A showing as to how burning will meet the applicable crop-specific or general Best Management Practices, established pursuant to RCW 70A.15.5090.

(5) For residue management burn requests, a showing that the residue level meets the permitting authority's criteria for consideration of a residue management burn.

(6) For residue management burn requests, a showing that non-burning alternatives would limit attaining the desired level of water infiltration/retention, soil erodibility, seed/soil contact, seeding establishment or other desirable agronomic qualities.

(7) Field access to representatives of the permitting authority.

(K) Responsibilities of Permitting Authorities. Permitting authorities are responsible for performing the following activities:

(1) Evaluation of individual permit applications to determine whether the applicant has made the required showing, referenced in Section 6.11(F).

(2) Consultation with a trained agronomist on individual permit applications, as necessary, to evaluate the need to burn and non-burning alternatives.

(3) Field inspection, as necessary to verify the following:

(a) Accuracy of information in permit and waiver applications,

(b) Compliance with permit conditions and applicable laws and regulations, and

(c) Acreage and materials burned.

(4) Taking final action on permit applications within seven (7) days of the date the application is deemed complete.

(5) Incorporation of appropriate permit conditions, both general and specific, as referenced in Section 6.11(H) in order to achieve the following:

(a) Minimizing air pollution and emissions of air pollutants, and

(b) Ensuring that the public interest in air, water, and land pollution, and safety to life and property has been fully considered, in accordance with RCW 70A.15.5090.

(6) Enforcement and compliance efforts, with the goal of assuring compliance with all applicable laws, regulations, and permit conditions, and ensuring that timely and appropriate enforcement actions are commenced, when violations are discovered.

(7) Complaint logging and appropriate level of response.

(8) Collection of fees.

(9) Declaration of burn days and no-burn days, taking into consideration, at a minimum, the following criteria:

(a) Local air quality and meteorological conditions;

(b) Time of year when agricultural burning is expected to occur;

(c) Acreage/volume of material expected to be burned per day and by geographical location;

(d) Proximity of burn locations to roads, homes, population centers, and public areas;

(e) Public interest and safety; and

(f) Risk of escape of fire onto adjacent lands, during periods of high fire danger.

(10) Development of smoke management guidelines, that include procedures to minimize the occurrence of nuisance, and to facilitate making burn/no burn decisions.

(11) Dissemination of burn decisions, as necessary to inform responsible persons and the public.

(12) Compilation of an annual program summary, which at a minimum, includes the following:

(a) Permits and acres approved for burning;

(b) Permit/waiver requests and acres denied;

(c) Number and dates of complaints received; and

(d) Number of documented violations.

(L) Compliance. The responsible person is expected to comply with all applicable laws and regulations. Compliance with Section 6.11 does not ensure that agricultural burning complies with other applicable laws and regulations implemented by any other authority or entity.

(A) Purpose. SRCAA Regulation I, Article VI, Section 6.13 establishes controls on surface coating operations in Spokane County to:

(1) Reduce particulate emissions from coating overspray;

(2) Reduce public exposure to Toxic Air Pollutants as listed in Chapter 173-460 WAC;

(3) Reduce emissions of precursors to the formation of tropospheric ozone and other photochemical oxidants; and

(4) Encourage pollution prevention.

(B) Applicability. Section 6.13 applies to all ((commercial)) general surface coating operations and motor vehicle and motor vehicle component surface coating operations in Spokane County. Section 6.13 includes all surface preparation, surface coating, cleanup, and disposal associated with ((commercial)) surface coating operations in Spokane County, unless specifically exempted in Section 6.13(F).

(C) Definitions. Unless a different meaning is clearly required by context, words, and phrases used in Section 6.13, the following definitions apply to Section 6.13:

(1) Airless Spray means a spraying system that uses hydraulic atomization instead of air atomization. The coating is supplied to the gun under high fluid pressure between 1,000 and 3,000 psig and the coating is forced through a small orifice.

(2) Air-Assisted Airless Spray means a spraying system that combines air and airless features. An airless type fluid tip atomizes the paint and shapes the fan pattern at fluid pressures between 300 and 1,000 psig. Lower pressure air from 10 to 30 psig combines at the spray cap to adjust the fan shape to eliminate heavy edges (tails).

(3) Automated means the technique, method, or system of operating or controlling a process by mechanical, electrical, hydraulic, or electronic means independent of human intervention.

(4) Brush Coat Application means manual application of coatings by use of a paint brush.

(5) Coating means a material or formulation of materials that is applied to or impregnated into a surface in order to beautify, protect, enhance the function, or otherwise cover the surface.

(((6) Commercial Surface Coating means surface coaters related to or engaged in commerce; excluding non-commercial hobbyist surface coaters where coating is performed by either the owner or current household members on their own property or residence, coating an object they own, e.g. cabinet, motor vehicle, motor vehicle components.))

((7)) 6 Container means the individual receptacle that holds a coating or coating component for storage and distribution.

((8)) 7 Dip Coat Application means application of coatings in which the surface to be coated is immersed in a solution (or dispersion) containing the coating material and withdrawn.

((9)) 8 Electrostatic Application means application of coatings where an electrostatic potential is created between the part to be coated and the paint particles.

((10)) 9Exempt Solvent means a solvent, or solvent component, that is not a volatile organic compound (VOC).

((11)) 10Flow Coat Application means application of coatings by flowing the coating over the surface to be coated and draining the excess coating to a collection system.

((12)) 11 General Surface Coating means any application of coatings to substrates, other than motor vehicle and/or motor vehicle component surface coating.

((13)) 12 High Volume, Low Pressure (HVLP) or Low Volume, Low Pressure (LVLP) coating system means equipment used to apply coatings by means of a spray gun which operates between 0.1 and 10.0 psig air pressure measured at the nozzle and that exhibits a minimum transfer efficiency of 65%, as applied.

((14)) 13 Light Duty Vehicle means a passenger car, truck, van, or other motor vehicle which has a gross vehicle weight of eight thousand-five hundred (8,500) pounds or less, or components thereof.

((15)) 14 Motor Vehicle and Motor Vehicle Component Surface Coating means the application of coatings to assembled motor vehicles, motor vehicle parts and components, and mobile equipment, including but not limited to any device that may be towed or driven on a roadway: light duty vehicles, golf carts, vans, motorcycles, heavy-duty trucks, truck trailers, fleet delivery trucks, buses, mobile cranes, bulldozers, construction equipment, agricultural equipment, street cleaners, motor homes, and other recreational vehicles (including camping trailers and fifth wheels).

((16)) 15Multi-Coat System means a coating system where more than one product or coat is sequentially applied to the same surface and generally consists of a pigmented base coat, one or more semi-transparent mid-coats, and a transparent clear coat. The VOC content for a multi-coat system shall be calculated as follows:

       VOCBC + VOCX1 + VOCX2 + … + VOCXn + 2VOCCC

VOCTM = ----------------------------------------------

n+3

where:

VOCTM is the average sum of the VOC content, as applied to the surface, in a multi-coat system;

VOCBC is the VOC content, as applied to the surface, of the base coat;

VOCX is the VOC content, as applied to the surface, of each sequentially applied mid-coat;

VOCCC is the VOC content, as applied to the surface, of the clear coat (Two coats are applied); and

n is the total number of coats applied to the primer coat(s) surface.

((17)) 16 Non-Spray Application means coatings that are applied using an application method other than spray application, including, but not limited to, flow coat, roll coat, dip coat, and brush coat methods.

((18)) 17 Portable Surface Coating means an operation that travels with coating equipment and moves between customer locations to apply coatings to motor vehicles, motor vehicle components, and mobile equipment. The site where the coating takes place is not used by the coating operator as a fixed operating location.

((19)) 18 Potential-to-Emit (PTE) means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is enforceable. Secondary emissions are not included in determining the PTE of a stationary source.

((20)) 19 Pre-packaged Aerosol Can Application means application of coatings from cans which are sold by the coating supplier as non-reusable, hand-held pressurized containers. The coating is expelled as a finely divided spray when a valve on the container is depressed.

((21)) 20 Primer means any coating that is applied to a surface to enhance corrosion resistance, protection from the environment, functional fluid resistance, and adhesion of subsequently applied coatings.

((22)) 21 Reducer means any solvent added to a coating which has the effect of reducing the viscosity of the coating or shortening the drying time.

((23)) 22 Refinishing means reapplying coating to a surface to repair, restore, or alter the finish.

(24) Roll Coat Application means manual application of coatings by the use of a paint roller.

(25) Solvent Consumption means the volume of solvent purchased or otherwise procured, less the volume recycled or disposed. In the absence of records which document the transfer of solvent to an authorized recycler or waste hauler, solvent consumption means the volume of solvent purchased or otherwise procured.

(26) Spray Application means coatings that are applied using a device that creates an atomized mist of coating and deposits the coating on a substrate, excluding Section 6.13(C) Pre-packaged Aerosol Can Application.

(27) Standard Engineering Practices means that accepted, peer reviewed sets of criteria are used in designing equipment (i.e. Uniform Building, Electrical, and Fire Codes, recommendations of the American Conference of Governmental Industrial Hygienists, guidelines of the Department of Labor and Industry, etc.).

(28) Surface Coating means the application of coating to a surface.

(29) VOC Content means pounds of VOC per gallon of coating (Lb/Gal) or grams of VOC per liter of coating (G/L), minus water and exempt solvents. The VOC content is calculated as follows:

      WV

VOCCT = ---------------

       VM - VW - VES

where:

VOCCT is the VOC content of the coating, as applied to the surface; and

WV is the weight of VOC per unit volume of coating, as applied to the surface;

VM is the unit volume of coating, as applied to the surface;

VW is the volume of water per unit volume of coating, as applied to the surface; and

VES is the volume of exempt solvents per unit volume of coating, as applied to the surface.

(30) Wash Solvent means any solution, solvent, suspension, compound, or other material, excluding water, which is used to clean spray equipment, spray equipment lines, containers, and any other equipment associated with the application of coatings.

(31) Wipe-Down Agent means any solution, solvent, suspension, compound, or other material that is applied to a surface exclusively for cleaning the surface or preparing the surface for coating.

(D) Prohibitions on Emissions.

(1) No person shall cause or allow the application of any coating which contains greater than 0.1% by weight of one or more compounds of lead or hexavalent chromium.

(2) Light duty vehicle refinishing - prohibitions on VOC content. No person shall cause or allow the application of any coating or other agent to any light duty vehicle or motor vehicle components, with a VOC content in excess of the limits listed in 40 CFR Part 59, Subpart B, Table 1 - EPA National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings, except as provided in Section 6.13(F).

(E) Requirements. All persons subject to the requirements of Section 6.13 must comply with all of the following, unless exempted under Section 6.13(F).

(1) Enclosure and controls. Spray application must be conducted in a booth or area which is vented to a properly operating particulate control system. The particulate control system, including filtration, ducting, and fan must be installed and sized according to standard engineering practices and operated and maintained according to the manufacturer's recommendations and operating manuals.

(a) Acceptable filtration methods include:

1. Filter banks supplied with filter media designed for spray booth applications.

2. Water baths where the inlet air flow to the water bath is submerged.

3. Water wall systems that form a continuous water curtain through which the particulate flow stream must pass.

4. Other filtration methods that have received the prior written approval of the Control Officer.

(b) The control system must be equipped with a fan which is capable of capturing all visible overspray.

(c) Emissions must be vented to the atmosphere through a vertical stack. The top of the exhaust stack must be at least six (6) feet above the penetration point of the roof, or if the exhaust stack exits horizontally out the side of the building, then the exhaust stack must vent vertically at least six (6) feet above the eaves of the roof. A higher stack may be required if the Agency determines that it is necessary for compliance with Article VI, Section 6.04. Flow obstructions (elbows, tees, or stack caps) are prohibited inside of, or at the top of, the stack that will impede upward vertical flow of the exhausted air.

(d) It is the owner and operator's responsibility to comply with other applicable federal, state, and local regulations for the stack.

(2) Visible emissions. Visible emissions from the stack must not exceed 10% opacity averaged over any six (6) minute period, as determined by EPA Method 9.

(3) Application methods. Except as provided in Section 6.13(F), no person shall cause or allow the application of any coating or other agent containing VOC unless the coating or agent is applied by one of the following methods:

(a) High Volume, Low Pressure coating system;

(b) Low Volume, Low Pressure coating system;

(c) Wet or Dry electrostatic application;

(d) Flow coat application;

(e) Dip coat application;

(f) Brush coat application;

(g) Pre-packaged aerosol can application;

(h) Roll coat application;

(i) A spraying technique that when tested, using the methodology presented in ASTM Standard D 5327-92, or when test documentation, provided to and approved by the Agency, exhibits that the spraying technique has a transfer efficiency of at least 65%; or

(j) Alternate application methods that have received the written approval of the Control Officer. Such alternate methods may be used, provided that the owner or operator makes a written request to use an alternate method and the Control Officer grants written approval. These methods include but are not limited to the following application methods and circumstances:

1. Airless and Air-Assisted Airless Spray systems may be used under any of the following circumstances:

a. When the volatile organic compound (VOC) emissions are determined by the Control Officer to be no more than VOC emissions that would be generated by a spray application with a transfer efficiency of 65%;

b. When the spraying operation is automated;

c. When spray painting structural steel members where the coating, as formulated by the coating manufacturer, does not require addition of reducers to spray, and is delivered under high pressure (greater than 1,000 psig for airless, or greater than 300 psig for air-assisted airless) to the application system; or

d. Where the Control Officer has determined that the coating cannot be feasibly applied with a method that has a minimum transfer efficiency of 65%.

(4) Cleanup.

(a) Spray guns and paint equipment must be cleaned in an enclosed gun cleaner/washer; or if not using an enclosed gun cleaner, after wash solvent has made contact with the equipment being cleaned, the wash solvent must be immediately drained into a container that is kept closed.

(b) All containers of coatings, wipe-down agents, wash solvents, reducers, and waste materials containing VOC must be kept closed, except when materials are being added, mixed, or removed. Empty containers as defined in WAC 173-303-160 are exempt.

(c) Spills must be cleaned up upon discovery. The cleaned up materials and collected waste must be stored in closed metal containers.

(d) All disposable materials which contain VOCs associated with wipe-down or application of coatings and other agents, must be stored in closed metal containers for disposal.

(5) Recordkeeping. All persons subject to Section 6.13 must maintain the following records for the previous twenty-four (24) month period at the place of business where surface coating is performed:

(a) The most current safety data sheets (SDS) or other data sheets which clearly indicate the VOC content of the product and of any multi-coat system;

(b) Records of purchases or usage, including but not limited to primers, top coats, clear coats, coating additives, reducers, wipe-down agents, wash solvents, and other materials containing volatile organic compounds or volatile toxic air pollutants; and

(c) Waste materials disposal records, including volume of waste solvents and coatings transferred in sealed containers to authorized waste haulers.

(F) Exemptions. Exceptions to all or parts of Article VI, Section 6.13:

(1) ((Coating process exemptions.)) Nothing in Section 6.13 applies to the following coating processes:

(a) The application of architectural coatings to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs;

(b) Fiberglass resin application operations;

(c) Gel coating operations;

(d) The application of asphaltic or plastic liners, including undercoating, sound deadening coating, and spray on bed lining for trucks;

(e) Spray plasma plating operations;

(f) Application of coatings to farming equipment; and

(g) Powder coating operations that do not exhaust outside.

(2) Low usage exemption. Section 6.13 (E)(1) does not apply to low usage surface coating operations with PTE emissions less than one hundred (100) pounds per year, except as follows:

(a) If the Agency documents nuisance odors or emissions from a spray coating operation; or

(b) If total PTE toxic air pollutant emissions from the surface coating operation exceed any small quantity emission rate (SQER) given in Chapter 173-460 WAC.

(3) Large object exemption. Section 6.13 (E)(1) does not apply to the infrequent outdoor surface coating of large objects, where the Control Officer determines that it is impractical to totally enclose the object inside a booth or vented area. The request for this exemption must be made in writing to the Control Officer and the approval must be in writing. Infrequent means outdoor spray surface coating that amounts to 10% or less of the total annual gallons of paint applied at the facility in the previous twelve (12) months. Annual records must be kept of the number of gallons of paint that are sprayed outdoors. In such case, a temporary enclosure (tarps) must be maintained around the object during the surface coating operation, sufficient at all times to prevent overspray from remaining airborne beyond the property line of the facility.

(4) Stack exemption. The stack requirements in Section 6.13 (E)(1) does not apply to surface coating operations where the owner or operator can demonstrate to the satisfaction of the Control Officer that emissions of Toxic Air Pollutants (TAP) will not exceed the Acceptable Source Impact Levels (ASIL) as defined in WAC 173-460-150 & 160 and emissions will not create a nuisance.

(5) Application exemption. Section 6.13 (E)(1) does not apply to the non-spray and pre-packaged aerosol can application of any coating.

(6) Enclosure and/or particulate control exemption. Section 6.13 (E)(1) does not apply to:

(a) A portable surface coating operation that has obtained a General Order of Approval (GOA) from the Agency and complies with GOA conditions; or

(b) A surface coating operation where the Control Officer determines that such requirements would be ineffective or unreasonable in capturing or controlling particulate or volatile organic compound emissions from the facility.

(7) Low VOC content exemption. Section 6.13 (E)(3) does not apply to the application of coatings where the VOC content does not exceed 2.1 Lb/Gal or 250 G/L.

(8) Wash solvent exemption. Section 6.13 (E)(4) does not apply to surface coating operations that:

(a) Use wash solvents with composite vapor pressure of organic compounds less than 45 mm Hg at 20oC as determined by ASTM Method D-2306-81; or

(b) Have wash solvent operations with a total wash solvent consumption of ten (10) gallons or less per year.

(9) Lead or hexavalent chrome exemption. The prohibition in Section 6.13 (D)(1) does not apply to a surface coating operation where the Control Officer determines that no practical alternative coating is available.

(G) Compliance with Other Laws and Regulations. Compliance with Section 6.13 or qualifying for an exemption in Section 6.13(F) does not constitute an exemption from compliance with SRCAA Regulation I, or other federal, state, or local laws or regulations.