WSR 97-19-074

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[Filed September 16, 1997, 10:50 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4). Local agencies are not required to meet this.

Title of Rule: Spokane County Air Pollution Control Authority (SCAPCA) Regulation I, Section 6.17 - Standards for Municipal Solid Waste Combustors.

Purpose: To implement federal emission guidelines for municipal solid waste combustors.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.

Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.

Summary: This rule implements federally established emission guidelines (40 CFR Part 60, Subpart Cb) for municipal solid waste combustors.

Reasons Supporting Proposal: If local roles are not adopted, EPA will enforce the federal standards.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Spokane County Air Pollution Control Authority, 1101 West College, Room 403, Spokane, WA 99201, (509) 456-4727.

Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

Rule is necessary because of federal law, [Public Law 101-549].

Explanation of Rule, its Purpose, and Anticipated Effects: The rule implements federally established emission guidelines for certain municipal solid waste combustors. The federal emission guidelines are codified in 40 CFR Part 60, Subpart Cb. The rule lowers allowable emissions from affected combustors for several pollutants. The rule will affect one facility in Spokane County.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No statement is required.

RCW 34.05.328 does not apply to this rule adoption. This is a local agency rule and RCW 34.05.328 has not been voluntarily made applicable to this rule. In addition, this rule implements a federal regulation without material change.

Hearing Location: Spokane County Public Works Building, Hearing Room Lower Level, West 1026 Broadway, Spokane, WA 99201, on November 6, 1997, at 9 a.m.

Submit Written Comments to: Kelle Vigeland, Spokane County Air Pollution Control Authority, 1101 West College, Room 403, Spokane, WA 99201, FAX (509) 459-6828, by November 4, 1997.

Date of Intended Adoption: November 6, 1997.

September 15, 1997

Kelle R. Vigeland

Environmental Engineer

NEW SECTION

SCAPCA REGULATION I, SECTION 6.17 STANDARDS FOR MUNICIPAL SOLID WASTE COMBUSTOR

A. Purpose. This section implements the emission guidelines promulgated by the United States Environmental Protection Agency (EPA) in 40 CFR Part 60, Subpart Cb, establishing standards for the control of certain pollutants emitted from municipal solid waste combustors.

B. Definitions. The definitions in 40 CFR 60.31b are adopted by reference except:

1. The references to 60.52b(c) in the definitions of maximum demonstrated municipal waste combustor unit load and maximum demonstrated particulate matter control device temperature are hereby changed to 60.33b (c)(1)(i) and (ii).

2. In sections 60.53b, 60.58b, and 60.59b, Administrator means both the administrator of EPA and the Spokane County Air Pollution Control Authority.

C. Applicability. This section applies to all facilities within Spokane County that are designated facilities as established in 40 CFR 60.32b(a).

D. Emission Standards. The following emission standards are adopted by reference. All facilities designated in C. of this section shall comply with these standards in accordance with the compliance schedule given in J. below.

1. Particulate matter emissions shall not exceed the emission limit in 40 CFR 60.33b (a)(1)(i).

2. Opacity shall not exceed the emission limit in 40 CFR 60.33b (a)(1)(iii).

3. Cadmium emissions shall not exceed the emission limit in 40 CFR 60.33b (a)(2)(i).

4. Lead emissions shall not exceed the emission limit in 40 CFR 60.33b (a)(2)(iii).

5. Mercury emissions shall not exceed the emission limit in 40 CFR 60.33b (a)(3).

6. Sulfur dioxide emissions shall not exceed the emission limit in 40 CFR 60.33b (b)(1)(i).

7. Hydrogen chloride emissions shall not exceed the emission limit in 40 CFR 60.33b (b)(2)(i).

8. Dioxins/furans emissions shall not exceed the emission limit in 40 CFR 60.33b (c)(1)(i) or (ii).

9. Nitrogen oxide emissions shall not exceed the emission limits in Table 1 of 40 CFR 60.33b(d) (24-hour daily arithmetic average).

10. Carbon monoxide emissions shall not exceed the emission levels specified in Table 3 of 40 CFR 60.34b(a).

E. Operating Practices. The operating practices of 40 CFR 60.53b(b) and (c) are adopted by reference. All facilities designated in C. of this section shall comply with these practices in accordance with the compliance schedule given in J. below.

F. Operator Training and Certification. . The operator training and certification requirements of 40 CFR 60.54b(b) are adopted by reference with the following change:

1. A State certification program may only be used to meet the certification requirements if it has been demonstrated to EPA's satisfaction that the State program is equivalent to the American Society of Mechanical Engineers certification program.

All facilities designated in C. of this section shall comply with these requirements in accordance with the compliance schedule given in J. below.

G. Fugitive Ash Emissions. . The fugitive ash emission requirements of 40 CFR 60.55b are adopted by reference. All facilities designated in C. of this section shall comply with these requirements in accordance with the compliance schedule given in J. below.

H. Compliance and Performance Testing. The compliance and performance testing requirements in 40 CFR 60.58b are adopted by reference with the following changes:

1. In 60.58b(c), the reference to 60.52b (a)(1) and (a)(2) is hereby changed to 60.33b (a)(1)(i) and (iii).

2. In 60.58b(d), the reference to 60.52b(a) is hereby changed to 60.33b (a)(2)(i) and (iii) and (a)(3).

3. In 60.58b(d)(1), the reference to 60.52b(a)(3) and (4) is hereby changed to 60.33b (a)(2)(i) and (iii).

4. All references to 60.52b (a)(5) in 60.58b are hereby changed to 60.33b (a)(3).

5. In 60.58b(e), the reference to 60.52b (b)(1) is hereby changed to 60.33b (b)(1)(i).

6. In 60.58b(f), the reference to 60.52b (b)(2) is hereby changed to 60.33b (b)(2)(i).

7. All references to 60.52b(c) in 60.58b are hereby changed to 60.33b (c)(1)(i) and (ii).

8. In 60.58b (g)(5)(iii), the alternate testing schedule for dioxins/furans specified in 60.58b (g)(5)(iii), as applicable, shall be available to facilities that achieve a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter total mass, corrected to 7 percent oxygen.

9. In 60.58b(h), the references to 60.52b(d) are hereby changed to Table 1 of 60.33b(d).

10. In 60.58b(i), the reference to 60.53b is hereby changed to Table 3 of 60.34b(a) and 60.53b (b) and (c).

11. In 60.58b(i), the references to 60.53b(a) are hereby changed to Table 3 of 60.34b(a).

All facilities designated in C. of this section shall comply with the compliance and performance testing requirements of this section in accordance with the compliance schedule given in J. below.

I. Reporting and Recordkeeping. The reporting and recordkeeping requirements in 40 CFR 60.59b are adopted by reference with the following changes:

1. 60.59b (a), (b)(5), and (d)(11) are hereby deleted.

2. In 60.59b(d), the reference to 60.52b is hereby changed to 60.33b.

3. In 60.58b(d), the reference to 60.53b is hereby changed to 60.34b(a) and 60.53b (b) and (c).

All facilities designated in C. of this section shall comply with the recordkeeping and reporting requirements of this section in accordance with the compliance schedule given in J. below.

J. Compliance Schedule. This section shall become effective one year after EPA approval of the State plan required under 40 CFR Part 60, Subparts B and Cb except for the following:

1. The requirement specified in 60.54b(d) does not apply to chief facility operators, shift supervisors, and control room operators who have obtained full certification from the American Society of Mechanical Engineers or a state certification plan on or before the date of EPA approval of the State plan required under 40 CFR Part 60, Subparts B and Cb.

2. The owner or operator may request that SCAPCA waive the requirement specified in 60.54b(d) for chief facility operators, shift supervisors, and control room operators who have obtained provisional certification from the American Society of Mechanical Engineers or a state certification plan on or before the date of EPA approval of the State plan required under 40 CFR Part 60, Subparts B and Cb.

3. The initial training requirements specified in 60.54b (f)(1) shall be completed no later than 12 months after EPA approval of the State plan required under 40 CFR Part 60, Subparts B and Cb or the date prior to the day when the person assumes responsibilities affecting municipal waste combustor unit operation whichever is later.

4. The initial performance evaluation/test shall be completed no later than 180 days after the effective date of section.