WSR 97-06-079

PROPOSED RULES

OLYMPIC AIR

POLLUTION CONTROL AUTHORITY

[Filed March 3, 1997, 8:38 a.m.]

Original Notice.

Title of Rule: Definition of "Potential to Emit" under Regulation 1, Articles 5 and 6.

Purpose: To achieve consistency. Amend the definition of "Potential to Emit" under Articles 5 and 6 so that they are consistent with the definition of "Potential to Emit" under Article 1, the general definitions section.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: Chapter 70.94 RCW.

Summary: Amend definition of "Potential to Emit" under Articles 5 and 6 to achieve consistency with the definition of this term in the general definitions section of Regulation 1.

Reasons Supporting Proposal: Amendments are necessary to achieve consistency in Regulation 1 and for OAPCA to maintain delegation of the state Air Operating Permit Program pursuant to RCW 70.94.161.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Goodin, 909 Sleater Kinney Road S.E. #1, 438-8768.

Name of Proponent: [Olympic Air Pollution Control Authority], governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Article 5 establishes and defines Olympic Air Pollution Control Authority's Registration Program. Article 6 establishes and defines requirements for Olympic Air Pollution Control Authority's Air Operating Permit Program. The definition for "Potential to Emit" in these articles is necessary in determining whether a source of air pollution is major or minor. The proposed amendments to the definition clarify that physical and operational limitations on a source's capacity need to be federally enforceable to be considered in determining the sources "Potential to Emit."

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposed amendments to the definition for "Potential to Emit" in Articles 5 and 6 simply clarify the definition of this term and make the definition consistent throughout Regulation 1.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This amendment is exempt according to RCW 34.05.328 (5)(b)(iv) as the amendments clarify the language of the rule without changing its effect.

Hearing Location: Lacey City Hall, City of Lacey Council Chambers, 420 College Street, Lacey, on April 9, 1997, at 10:15 a.m.

Assistance for Persons with Disabilities: Contact Mark Goodin by April 7, (360) 438-8768.

Submit Written Comments to: Mark Goodin, FAX (360) 438-8768, by April 9, 1997.

Date of Intended Adoption: May 10, 1997.

February 28, 1997

Mark Goodin

Professional Engineer

AMENDED SECTION

SECTION 5.00 DEFINITIONS

For purposes of Article 5, the following definitions apply.

actual emissions means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with (a) and (b) of this subsection.

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a one-year period which precedes the particular date and which is representative of normal source operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) The Authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.

air contaminant means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. "Air pollutant" means the same as "air contaminant."

air contaminant generating equipment means, for purposes of calculating Article 5 fees, any equipment or process capable of generating or emitting air contaminants except for the equipment and processes listed in (a) through (g) below:

(a) Gasoline or other fuel storage tanks located at dispensing facilities as defined in Article 15.

(b) Storage tanks and other equipment located at dry cleaning facilities.

(c) Combustion units with less than 10 million BTUs per hour heat input.

(d) Process equipment with less than 20,000 ACFM flowrate.

(e) Paint spray booths and related paint spraying equipment.

(f) Mobile sources.

(g) Any other equipment or process determined appropriate for this exemption by the Authority.

emissions means a release of air contaminants into the ambient air.

emissions unit means any part of a source which emits or would have the potential to emit any pollutant subject to regulation.

facility means the same as "source".

potential to emit means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the 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 if the limitation or the effect it would have on emissions is federally enforceable ((by the Authority)).

source means all of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous properties, and are under the control of the same person or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products. Activities shall be considered ancillary to the production of a single product or functionally related group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

stack means, for purposes of calculating fees pursuant to Article 5, any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct, except for the following:

(a) Emission points associated with gasoline or fuel dispensing stations.

(b) Emission points associated with dry cleaning facilities.

(c) Pipes or ducts equal to or less than twelve (12) inches in diameter.

(d) Any other emission point determined appropriate for this exemption by the Authority.