WSR 99-20-066

PROPOSED RULES

NORTHWEST AIR

POLLUTION AUTHORITY

[ Filed October 4, 1999, 11:25 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Northwest Air Pollution Authority Regulation (NWAPA).

Purpose: To amend sections of the NWAPA Regulation to provide more clarity for users, to modify fee structures for new source review and registration programs, to clarify requirements for source emission testing and continuous emission monitoring, and to amend requirements for gasoline tank trucks for consistency with federal and state rules.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Summary: Amendatory Sections:
104.1 & 2 Update adoption by reference of current state and federal laws and rules.
112.1 Include Control Officer or authorized representatives.
133.1 Adjust maximum civil penalty to account for inflation.
150 For pollutant disclosure remove reference to Class "A" sources and add sources that have actual emissions over 25 tons. Also give Control Officer the ability to require any source to submit periodic reports based on the nature and amounts emitted.
300.2(d) Establish new thresholds (335 hp or 250 kilowatts) for stationary internal combustion engines that will be subject to new source review.
320 Amend section to require registration payment before end of registration period. Failure to do so will require submittal of a new "Notice of Construction" if the source wishes to operate again.
322.4 Change air operating permit fee calculation basis from 80% based on emissions and 20% based on program eligibility to 90% based on emissions and 10% based on eligibility.
324.1 Add additional registration fee for sources of odor.
324.2 Add additional new source review fee of $150 for sources as determined by the Control Officer.
365.14 All required continuous emission monitors shall be maintained and calibrated in accordance with 40 C.F.R. 60, Appendix F, Sections 2 through 7. All required continuous opacity monitors must meet performance specifications of 40 C.F.R. 60, Appendix B, Specification 1.
365.2 All sources required to perform a source emission test shall submit a test plan to the NWAPA within 20 days of the schedule test date, receive approval for any changes to the test plan, complete tests unless approval granted by the Control Officer, and submit rules within sixty days of test completion unless another date is granted by the Control Officer.
550 Clarify requirements for release of particulate matter.
580.10 Modify requirements for gasoline transport tanks to conform with federal rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: James Randles, 1600 South Second Street, Mt. Vernon, 98273, (360) 428-1617 ext. 208.

Name of Proponent: Northwest Air Pollution Authority, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: NWAPA Hearing Room, 1600 South Second Street, Mount Vernon, WA 98273-5202, on November 12, 1999, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Susan Cosby by October 29, 1999, (360) 428-1617 ext. 200.

Submit Written Comments to: James Randles, 1600 South Second Street, Mount Vernon, WA 98273-5202, fax (360) 428-1620, by November 12, 1999.

Date of Intended Adoption: November 12, 1999.

October 1, 1999

James B. Randles

Assistant Control Officer

AMENDATORY SECTION


SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES


104.1 All provisions of State Law as it now exists or may be hereafter amended, which is pertinent to the operation of the Authority, is hereby adopted by reference and made part of the Regulation of the Authority as of November 12, 199(8)9. Specifically, there is adopted by reference the Washington State Clean Air Act (RCW 70.94), the Administrative Procedures Act (RCW 34.04) and RCW 43.21A and 43.21B and the following state rules: WAC 173-400, WAC 173-401, WAC 173-405, WAC 173-406, WAC 173-410, WAC 173-415, WAC 173-420, WAC 173-421, WAC 173-422, WAC 173-425, WAC 173-430, WAC 173-433, WAC 173-434, WAC 173-435, WAC 173-450, WAC 173-460, WAC 173-470, WAC 173-474, WAC 173-475, WAC 173-480, WAC 173-481, WAC 173-490, WAC 173-491, WAC 173-492, WAC 173-495, and WAC 173-802.

104.2 ((All provisions of the following federal rules are hereby adopted by reference and made part of the Regulation of the Authority as of November 12, 1998)) All provisions of the following federal rules that are in effect as of July 1, 1999 are hereby adopted by reference and made part of the Regulation of the Authority as of November 12, 1999: 40 CFR Part 60 (Standards of Performance For New Stationary Sources) subparts A, B, C, ((Ca)), Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, AAA, BBB, DDD, FFF, GGG, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW; and 40 CFR Part 61 (National Emission Standards For Hazardous Air Pollutants) Subparts A, B, C, D, E, F, H, ((I)), J, ((K)), L, M, N, O, P, ((Q, R, T)), V, ((W)), Y, BB, FF and 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories) Subparts A, B, C, D, F, G, H, I, L, M, N, O, Q, R, S, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, LL, OO, PP, QQ, RR, SS, TT, UU, VV, WW, YY, CCC, DDD, EEE, GGG, HHH, III, ((and)) JJJ, LLL, MMM, NNN, PPP, TTT, XXX.


Amended: April 14, 1993, September 8, 1993, December 8, 1993, October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996, March 13, 1997, May 14, 1998, November 12, 1998, November 12, 1999

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.


AMENDATORY SECTION


SECTION 112 - FALSE AND MISLEADING ORAL STATEMENT: UNLAWFUL REPRODUCTION OR ALTERATION OF DOCUMENTS


112.1 No person shall willfully make a false or misleading oral statement to the NWAPA Board, Control Officer, or their duly authorized representatives as to any matter within the jurisdiction of the Board.


Passed: January 8, 1969 Amended: February 14, 1973, November 12, 1999


AMENDATORY SECTION


SECTION 133 – CIVIL PENALTY


133.1 In addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of Chapter 70.94 RCW, chapter 70.120 RCW, any of the rules in force under such chapters, including the Regulation of the Northwest Air Pollution Authority shall be liable for a civil penalty in an amount of not more than twelve thousand five hundred dollars ($12,500) ((($12,000))) per day per violation. Each violation shall be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation. Any person who fails to take action as specified by an order shall be liable for a civil penalty of not more than twelve thousand five hundred dollars ($12,500) ((($12,000))) for each day of continued noncompliance.


AMENDED: November 14, 1984, April 14, 1993, September 8, 1993, October 13, 1994, February 8, 1996, November 12, 1998, November 12, 1999

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.


AMENDATORY SECTION


SECTION 150 - POLLUTANT DISCLOSURE - REPORTING BY AIR CONTAMINANT SOURCES


150.1 Every person operating a ((Class A)) registered air contaminant source with actual annual emissions of 25 tons or more of a single air pollutant or a source subject to the operating permit program shall file annually at a time determined by the Authority and on forms furnished by the Authority a report setting forth:

150.2 Every person operating a registered source other than those identified in 150.1 ((Class A)) may be required by the Control Officer to submit periodic emission reports ((as in 150.1 if there is a significant change or increase in pollutant emissions)) based on the nature and amount of pollutants emitted.


Passed: February 14, 1973

Amended: September 8, 1993, December 8, 1993, November 12, 1999


AMENDATORY SECTION


SECTION 300 – NEW SOURCE REVIEW


300.2 Except when part of a new major source or major modification in a nonattainment area, the following air contaminant sources do not need to submit a "Notice of Construction and Application for Approval" approved by the Authority prior to construction, installation, establishment, or modification:

a) Ventilating systems, including fume hoods, not designed to prevent or reduce air contaminant emissions.

b) A project with combined aggregate heat inputs of combustion units, less than or equal to all of the following:

(1) 500,000 Btu/hr using coal with ≤ 0.5% sulfur or other fuels with ≤ 0.5% sulfur;

(2) 500,000 Btu/hr used oil, per the requirements of RCW 70.94.610;

(3) 400,000 Btu/hr wood waste or paper;

(4) 1,000,000 Btu/hr using kerosene, #1, or #2 fuel oil and with ≤ 0.05% sulfur;

(5) 4,000,000 Btu/hr using natural gas, propane, or LPG.

c) Insecticide, pesticide, or fertilizer spray equipment.

d) ((Internal combustion engines less than the size thresholds of the proposed or final United States Environmental Protection Agency (EPA) New Source Performance Standards (NSPS) 40 CFR Part 60 Subpart FF (Stationary Internal Combustion Engines, 44 FR 43152 7/23/79), or the promulgated EPA NSPS 40 CFR Part 60 Subpart GG (Stationary Gas Turbines).)) Stationary internal combustion engines less than 250 kw or 335 hp in size.


PASSED: November 12, 1998, November 12, 1999


AMENDATORY SECTION


SECTION 320 - REGISTRATION PROGRAM


320.4 Any registered source which ((ceases to operate any air contaminant source for one (1) year or more or said source leaves the jurisdiction of the Authority and)) does not pay the annual registration fee((s, the source)) by the end of the registration period shall be considered a new source and shall submit a "Notice of Construction and Application for Approval" and receive approval from the Board prior to resumption of operation or re-entry into the jurisdiction of the Authority.


Passed: November 12, 1998, November 12, 1999


AMENDATORY SECTION


SECTION 322 - AIR OPERATING PERMIT PROGRAM (AOP)


322.4 Air Operating Permit Fees.

a) The Authority shall levy annual operating permit program fees as set forth in this section to cover the cost of administering its operating permit program.

b) Commencing with the effective date of the operating permit program, the Authority shall assess and collect annual air operating permit fees in its jurisdiction for any source specified in Section 7661(a) of Title V of the FCAA or Chapter 173-401-300 WAC (excluding sources regulated by the Washington State Department of Ecology Industrial Section). The total fees required by the NWAPA to administer the program shall be determined by a workload analysis conducted by the staff and approved annually by a resolution by the Board of Directors. Allocation of the fees to individual affected sources shall be based on the following:

1) Ten ((Twenty)) percent (10%) (((20%))) of the total fees shall be allocated equally among all affected sources.

2) Ninety ((Eighty)) percent (90%) (((80%))) of the total fees shall be allocated based on actual emissions of regulated pollutants identified in the most recent annual emission inventory or potential emissions if actual data are unavailable. A regulated pollutant for fee calculation shall include:

Nitrogen oxides (NOx);

Volatile organic compounds (VOC's);

Particulate matter with an aerodynamic particle diameter less than or equal to 10µ (PM10);

Sulfur dioxide (SO2);

Lead; and

Any pollutant subject to the requirements under Section 112(b) of the FCAA not included in any of the above categories.


PASSED: November 12, 1998, November 12, 1999

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.


AMENDATORY SECTION


SECTION 324 - FEES


324.1 Annual Registration Fees

a) The Authority shall levy fees as set forth in Section 324.1(b) below for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the program.

b) ((Fees)) A source shall be assessed a late penalty in the amount of twenty-five percent (25%) of the registration fee for failure to pay the registration fee within 30 days after the due date. The late penalty shall be in addition to the registration fee.

c) Fees


REGISTERED SOURCES 1999 2000 2001 2002 2003
Wastewater treatment plants w/sludge incinerators $500 $515 $535 $555 $575
Portable asphalt plants and soil desorption units $300 $310 $320 $330 $340
Permanent asphalt plants and soil desorption units $600 $620 $640 $660 $680
Odor source $600 $620 $640 $660 $680
Petroleum coke handling facility $1,200 $1,240 $1,280 $1,320 $1,360
Perchloroethylene dry cleaners $150 $155 $160 $165 $170
Gasoline stations and Bulk plants $150 $155 $160 $165 $170
Chrome plating $150 $155 $160 $165 $170
Volatile organic compound storage tanks
> or= 6000 gallons, < 40,000 gallons $200 $210 $220 $230 $240
> or= 40,000 gallons $500 $515 $535 $555 $575
Other sources as determined by the Control Officer $150 $155 $160 $165 $170
FOR SOURCES NOT LISTED ABOVE:
ACTUAL EMISSIONS OF TOTAL CRITERIA AND TOXIC AIR POLLUTANTS
< 10 tons per year $150 $155 $160 $165 $170
> or= 10 tons per year, < 25 tons per year $750 $775 $800 $825 $850
> or= 25 tons per year, < 50 tons per year $1,500 $1,545 $1,595 $1,645 $1,695
> or= 50 tons per year $2,500 $2,575 $2,655 $2,735 $2,820
ADDITIONAL FEES
Source test review $300 $310 $320 $330 $340
Operation of a Continuous Emission or Opacity Monitor (per unit) $300 $310 $320 $330 $340
Source subject to NSPS or NESHAP (per subpart) except dry cleaners & chrome platers $500 $515 $535 $555 $575
Synthetic minor designation $500 $515 $535 $555 $575
Odor source $600 $620 $640 $660 $680

PASSED: November 12, 1998, November 12, 1999


AMENDATORY SECTION


324.2 New Source Review Fees


a) Fees


1999 2000 2001 2002 2003
Filing fee $100 $105 $110 $115 $120
NSR FEES IN ADDITION TO THE FILING FEE:
General (not classified below) for each piece of equipment or control equipment $500 $515 $535 $555 $575
Fuel Burning Equipment
> or= 0.5 MM Btu/hr, but <10 MM Btu/hr $250 $260 $270 $280 $290
> or= 10 MM Btu/hr, but <100 MM Btu/hr $1,000 $1,030 $1,065 $1,100 $1,135
> or= 100 MM Btu/hr $10,000 $10,300 $10,610 $10,930 $11,260
Minor Notice of Construction change $250 $260 $270 $280 $290
Asphalt plant $750 $775 $800 $825 $850
Coffee roaster $250 $260 $270 $280 $290
Dry cleaner and Chrome plater $150 $155 $160 $165 $170
Gasoline stations and Bulk plants $300 $310 $320 $330 $340
Refuse burning equipment
< 6 tons per day $1,000 $1,030 $1,065 $1,100 $1,135
> or= 6 tons per day, but < 12 tons per day $3,000 $3,090 $3,185 $3,285 $3,385
> or= 12 tons per day, but < 250 tons per day $20,000 $20,600 $21,220 $21,860 $22,520
> or= 250 tons per day $40,000 $41,200 $42,440 $43,715 $45,030
Paint spray booth $150 $155 $160 $165 $170
Volatile Organic Compounds storage tanks
< 40,000 gallons $300 $310 $320 $330 $340
> or= 40,000 gallons $1,000 $1,030 $1,065 $1,100 $1,135
Soil thermal desorption unit $750 $775 $800 $825 $850
Relocation of portable plant to new address $300 $310 $320 $330 $340
Other sources as determined by the Control Officer $150 $155 $160 $165 $170
ADDITIONAL FEES
Synthetic minor determination (WAC 173-400-091) $750 $775 $800 $825 $850
SEPA threshold determination (NWAPA lead agency) $250 $260 $270 $280 $290
Air toxics review $400 $415 $430 $445 $460
Major source, major modification, PSD thresholds $2,000 $2,060 $2,125 $2,190 $2,260
Emission units subject to NSPS or NESHAP's (except dry cleaners & chrome platers) $1,000 $1,030 $1,065 $1,100 $1,135
Public notice (plus publication fee) $200 $210 $220 $230 $240
Public hearing (plus publication fee) $500 $515 $535 $555 $575
NOC applicability determination $200 $210 $220 $230 $240
Each CEM or alternate monitoring device installed $500 $515 $535 $555 $575
Each source test required in NOC $500 $515 $535 $555 $575
Bubble application $1,000 $1,030 $1,065 $1,100 $1,135

PASSED: November 12, 1998, November 12, 1999


AMENDATORY SECTION


SECTION 365 - MONITORING


365.1 Any person operating a registered air contaminant source or an air operating permit source may, at any time, be required to monitor the ambient air, process emissions or conduct emission tests as deemed necessary by the Control Officer under the following provisions:

365.11 The Board or Control Officer may require any person operating any source to conduct a monitoring program on site or adjacent off site for emissions, ambient air concentrations or any other pertinent special studies deemed necessary.

365.12 All monitoring data shall be submitted in a form which the Board or Control Officer may require. Averaging time and collection periods will be determined by the Control Officer. Failure to record and/or report data as specified in the "Guidelines for Industrial Monitoring Equipment and Data Handling" may be cause for a Notice of Violation to be issued.

365.13 All data and records shall be kept for a period of at least one year and made available to the Control Officer upon request.

365.14 ((All instruments used to monitor compliance or for special studies must meet appropriate EPA performance specifications (40 CFR 60, Appendix B) and shall be calibrated and maintained in accordance with the "Guidelines for Industrial Monitoring Equipment and Data Handling" procedures approved by the Control Officer.)) All continuous emission monitors required by the NWAPA shall meet appropriate EPA performance specifications (40 CFR 60, Appendix B), shall be calibrated and maintained in accordance with procedures described in 40 CFR 60, Appendix F, Sections 2 through 7, and follow the reporting requirements in the "Guidelines for Industrial Monitoring Equipment and Data Handling", or alternate procedures approved by the Control Officer. All required continuous opacity monitors required by NWAPA must meet the performance specifications outlined in 40 CFR 60, Appendix B, Specification 1, and shall be calibrated and maintained in accordance with the "Guidelines for Industrial Monitoring Equipment and Data Handling", or alternate procedures approved by the Control Officer.

365.15 The Control Officer may take such samples and make any tests and investigations deemed necessary to determine the accuracy of the monitoring reports and tests submitted to the Authority, and evaluate the validity of the data. The owner or operator may also be required by the Control Officer to take a sample using an approved procedure and submit the results thereof within a reasonable period of time.

365.16 The Board or the Control Officer may require additional reasonable monitoring be undertaken at any appropriate time to insure compliance with this Regulation.

365.2 A source required by the NWAPA to conduct source emission tests (does not include Relative Accuracy Test Audits) to assess compliance with an air emission standard shall do so under the following provisions:

365.21 A source test plan and scheduled test date shall be submitted to the NWAPA for approval by the Control Officer at least 20 days prior to the actual test date. A previous test plan may be referenced if it has not been altered.

365.22 Any change to the test plan must be approved by the Control Officer prior to the test.

365.23 All tests must be completed as described in the test plan. A source emission test shall not be terminated due to excess emissions or high pollutant concentrations unless approved by the Control Officer.

365.24 The results of each required source emission test shall be submitted to the NWAPA within sixty days of test completion unless prior approval has been granted by the Control Officer.


Passed: August 4, 1971

Amended: February 14, l973, February 8, l989, March 13, 1997, November 12, 1999

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.


AMENDATORY SECTION


SECTION 550 - PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE


550.2 It shall be unlawful for any person to cause or permit a building or its appurtenances ((or a road)) to be constructed, altered, repaired or demolished, or conduct sandblasting, without using Best Available Control Technology to prevent the release of fugitive particulate matter to the ambient air.

550.3 ((It shall be unlawful for any person to cause or permit untreated open areas located within a private lot or roadway to be maintained without using Best Available Control Technology to prevent the release of fugitive particulate matter to the ambient air.)) It shall be unlawful for any person to cause or permit the release of fugitive particulate matter to the ambient air from public or private lots, roadways, or open areas without using Best Available Control Technology.


PASSED: January 8, 1969

Amended: February 14, 1973, August 9, 1978, October 14, 1987, April 14, 1993, November 12, 1999

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.


AMENDATORY SECTION


580.10 Leaks From Gasoline Transport Tanks and Vapor Control Systems

580.101 Applicability This Section shall apply to all gasoline transport tanks and all facilities subject to 580.4, 580.5, and 580.6 of the Northwest Air Pollution Authority Regulation ((beginning January 1, 1991)).

580.102 Transport Tanks (also referred to as cargo tanks) It shall be unlawful for any person to cause or allow the transfer of gasoline between a facility subject to the requirements of this Section and a gasoline transport tank unless: ((a current leak test certification for the transport tank is on file with the facility or a valid inspection sticker is displayed on the vehicle.))

580.1021 a current (within 365 days) vapor tightness test certification for the transport tank is on file with the facility or is available in the transport vehicle.

(a) The vapor tightness test shall be conducted annually in accordance with the procedures specified in 40 CFR 63.425(e) and;

(b) The complete vapor tightness certificate shall be on a form approved by the Northwest Air Pollution Authority.


((580.103 It shall be unlawful for any person to cause or allow the use of any transport tank for the transfer of gasoline at a facility subject to the requirements of this Section, unless the tank))

((580.1031 Is leak tested annually in accordance with 580.105; and))

((580.1032 Either displays a sticker or carries a certificate which))

(((a) shows the date the tank last passed the leak test; and))

(((b) shows the identification number of the tank; and))

580.10((33))22 It is loaded and unloaded in such a manner that the concentration of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distance of 2.5 cm (1 inch) or greater from any potential leak source. Any transport tank which fails to meet the requirements of this subparagraph shall be repaired and retested in accordance with 40 CFR 63.422(c) prior to reloading ((the provisions of 580.105 within 10 working days. The Control Officer shall be notified in writing within 5 days after the completion of the required leak test.))

580.10((4))3 Vapor Control Systems It shall be unlawful for any person to cause or allow the operation of any facility subject to this Section unless the vapor control system and the gasoline loading equipment is operated during all loading and unloading of gasoline such that:

580.10((41))31 The concentrations of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distance of 2.5 cm (1 inch) or greater from any potential leak source; and

580.10((42))32 There are no liquid leaks in excess of three drops per minute and there is no more than 10 ml of liquid drainage per disconnect.

((580.105 In accordance with 580.114, the annual leak test required by 580.103 shall be performed according to the procedures specified in EPA Reference Method 27. During the test each transport tank shall sustain a pressure change of no more than 0.75 Kpa (3 inches of water) in five minutes when pressurized to a gauge pressure of 4.5 Kpa (18 inches of water) and evacuated to a gauge pressure of 1.5 Kpa (6 inches of water) during the test.))


PASSED: December 13, 1989

Amended: November 12, 1999

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

© Washington State Code Reviser's Office