Title of Rule: Amendment 1, Regulation 1 of the Yakima Regional Clean Air Authority.

     Purpose: To conform Regulation 1 to chapter 173-400 WAC, adopted August 15, 2001, and facilitate adoption into the state implementation plan (SIP).

     Other Identifying Information: Federal Clean Air Act Amendments (FCAAA).

     Statutory Authority for Adoption: FCAAA of 1990, section 110.

     Statute Being Implemented: FCAAA, Parts C & D.

     Summary: See adoption history table in the cover pages for a listing of the repealed sections and appendices, amended appendix, and the replacement regulations.

     Reasons Supporting Proposal: The U.S. Environmental Protection Agency, Region 10, is requiring the state and local new source review rules to be added to the SIP. This is a part of that SIP submittal.

     Name of Agency Personnel Responsible for Drafting: Charles M. Stansel, 6 South 2nd Street, Room 1016, Yakima, WA 98901, (509) 574-1410; Implementation: Les Ornelas, 6 South 2nd Street, Room 1016, Yakima, WA 98901, (509) 574-1410; and Enforcement: Gary Pruitt, 6 South 2nd Street, Room 1016, Yakima, WA 98901, (509) 574-1410.

     Name of Proponent: Yakima Regional Clean Air Authority, 6 South 2nd Street, Suite 1016, Yakima, WA 98901, governmental.

     Rule is necessary because of federal law, FCAAA Section 110. This is the statute requiring SIP submittals.

     Explanation of Rule, its Purpose, and Anticipated Effects: This amendment removes sections, appendices, and definitions from Regulation 1 that are replicated in chapter 173-400 WAC, RCW 70.94.640 and [70.94.]645, and 40 C.F.R. parts 51, 60, 61, and 63.

     Proposal does not change existing rules. The requirements in superior rules remain the same.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not apply to local air pollution control authorities.

     RCW 34.05.328 does not apply to this rule adoption. Does not apply to local air pollution control authorities.

     Hearing Location: Yakima County Courthouse, Room B33, 128 North 2nd Street, Yakima, WA 98901, on October 9, 2002, at 2:00 p.m.

     Assistance for Persons with Disabilities: Contact Linda Dixon by 12 noon, (509) 574-2215.

     Submit Written Comments to: Yakima Regional Clean Air Authority, 6 South 2nd Street, Suite 1016, Yakima, WA 98901, fax (509) 574-1411, by October 9, 2002.

     Date of Intended Adoption: Local adoption October 9, 2002.

August 16, 2002

Les Ornelas

Air Pollution Control Officer

Amendment 1, Adopted - (Date)

     Appendix A, Definitions, adopted March 8, 2000 is amended.

TABLE OF CONTENTS
Section Number	Section Title	Page Number
ARTICLE 1	GENERAL ADMINISTRATIVE PROVISIONS
1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09	NAME OF AUTHORITY SHORT TITLE POLICY GENERAL APPLICABILITY ROLES AND RESPONSIBILITIES RECORDS GENERAL PROVISIONS EFFECTIVE DATE REVOCATIONS	1 - 1 1 - 1 1 - 1 1 - 2 1 - 2 1 - 3 1 - 4 1 - 6 1 - 6
ARTICLE 2	GENERAL REGULATIONS
2.01 2.02 2.03 2.04 2.05	AIR POLLUTION CONTROL OFFICER AUTHORITY TO COLLECT FEES APPLICABLE STATE AND FEDERAL REGULATIONS PUBLIC PARTICIPATION - Repealed APPEALS	2 - 1 2 - 2 2 - 3 2 - 4 2 - 6
ARTICLE 3	RULES
3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11	GENERAL RULES EMISSION STANDARDS - Repealed EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS OUTDOOR AND AGRICULTURAL BURNING WOOD HEATERS BURN BANS STRATOSPHERIC OZONE-DEPLETING CHEMICALS ASBESTOS CONTROL SPECIFIC DUST CONTROLS MOBILE SOURCE EMISSIONS (Reserved for later use) GENERAL RULES FOR MINOR SOURCES (Reserved for later use) MONITORING, RECORDKEEPING AND REPORTING - Repealed	3 - 1 3 - 3 3 - 8 3 - 11 3 - 35 3 - 36 3 - 38 3 - 39 3 - 46 3 - 49 3 - 49 3 - 49
ARTICLE 4	PERMITS AND REGISTRATION
4.00 4.01 4.02 4.03 4.04 4.05 4.06 4.07	REQUIREMENTS COMMON TO ALL PERMITS (Reserved for later use) REGISTRATION PROGRAM NEW SOURCE REVIEW - Repealed NEW SOURCE REVIEW FOR TOXIC AIR POLLUTANTS (Reserved for later use) AIR OPERATING PERMITS VOLUNTARY LIMITS ON EMISSIONS EMISSION REDUCTION AND CREDIT BANKING (Reserved for later use) ADMINISTRATIVE PERMITS	4 - 1 4 - 1 4 - 5 4 - 12 4 - 12 4 - 13 4 - 14 4 - 14
ARTICLE 5	COMPLIANCE AND ENFORCEMENT
5.00 5.01 5.02	GENERAL INFORMATION ADDITIONAL OR ALTERNATIVE ENFORCEMENT ACTIONS PENALTIES	5 - 1 5 - 1 5 - 2
APPENDICES
A B C D E F G H I J K L	DEFINITIONS - Amended LIST OF ACRONYMS AND ABBREVIATIONS SUBJECT INDEX (Reserved for later use) MEASURABLE EMISSIONS STANDARDS FOR VARIOUS SOURCES - Repealed CROSS REFERENCE BETWEEN THE RESTATED REG. I OF 1995 AND REGULATION 1 Reserved for later use REGISTRATION INFORMATION LEGAL LAND DESCRIPTIONS MAPS ERC DISCOUNTING FACTORS (Reserved for later use) NEW SOURCE REVIEW APPLICATION INFORMATION - Repealed HAZARDOUS AIR POLLUTANTS	A - 1 B - 1 C - 1 D - 1 E - 1 F - 1 G - 1 H - 1 I - 1 J - 1 K - 1 L - 1

INDEX OF TABLES
Table Number	Table Name	Page Numbers
ARTICLE 1     GENERAL ADMINISTRATIVE PROVISIONS
None
ARTICLE 2     GENERAL REGULATIONS
None
ARTICLE 3     RULES
3.02-1	PCE Dry Cleaner Source Categories	3 - 8
3.02-2	PCE Dry Cleaner Venting and Leak Inspection Requirements	3 - 9
3.03-1	Limited Exemptions, Types of Permitting, and Specific Requirements for All Types of Burning	3 - 19 & 20
3.03-2	Forms of Delegation for All Types of Burning	3 - 21 & 22
3.03-3	Notification Requirements Before Burning	3 - 23 & 24
3.05-1	Ambient Air Threshold Levels for an Impaired Air Quality Condition	3 - 37
3.05-2	Outdoor and Agricultural Burning and Wood Heater Use Permitted During Burn Bans	3 - 38
3.11-1	Source Categories which Require Continuous Emissions Monitoring - Repealed	3 - 55
3.11-2	Source Categories Exempt from Continuous Emissions Monitoring - Repealed	3 - 55
ARTICLE 4,     PERMITS AND REGISTRATION
4.01-1	Criteria for Defining Exempt Sources	4 - 2
4.01-2	Significant Pollutant Emission Levels	4 - 4
4.02-1	Exemption Threshold Table - Repealed	4 - 7
4.02-2	Threshold Emission Levels for New or Modified Sources Upwind from Nonattainment Areas -Repealed	4 - 9
ARTICLE 5     COMPLIANCE AND ENFORCEMENT
None

APPENDICES
K-1	Class A Toxic Air Pollutants, Known, Probable, and Potential Human Carcinogens -Repealed	K - 4
K-2	Class A Toxic Air Pollutants with Established ASILs - Repealed	K- 10
K-3	Class A Toxic Air Pollutants with Special ASILs - Repealed	K - 13
K-4	Class B Toxic Air Pollutants - Repealed	K - 14
INDEX OF GENERAL RULE PERMITS
Number	Name	Page Number
3.03-1	Structural Fire Training Outside of Urban Growth Areas	3 - 25
3.03-2	Wildland Training Fires	3 - 27
3.03-3	Flammable Liquid Training Fires	3 - 29
3.03-4	Other Training Fires	3 - 31
3.03-5	Large Recreational Fires	3 - 33
MAPS
Name		Page Number
Woodsmoke Control Zone		I-2
Yakima Urban Area		I-3
Yakima CO Nonattainment area		I-4
Yakima PM10 Nonattainment area		I-5

     Reviser's note: The spelling 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.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Yakima Regional Clean Air Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

     This appendix contains a list of definitions for words and phrases used in more than one section of the regulation. Defined words or phrases are identified with "(App. A)" in the text. The source of the definition is identified in italics. The definitions for terms not found in this appendix are in chap. 173-400 WAC.

Actual Emissions (WAC 173-400-030(1)) - The actual rate of emissions of a pollutant from an emissions unit, as determined by:

     1. In general, actual emissions as of a particular date shall equal the average rate, in TPY (App. B), at which the emissions unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. Ecology or the authority shall allow the use of a different time period upon a determination that it is more 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.

     2. Ecology or the authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.

     3. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the emissions unit on that date.

Adequate Source of Heat (WAC 173-433-030(1)) - The ability to maintain 70°F (App. B) at a point three feet above the floor in all normally inhabited areas of the dwelling.

Adverse Impact on Visibility (WAC 173-400-030(2)) - Visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case by case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairment, and how these factors correlate with (a) times of visitor use of the Federal Class I area, and (b) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas. These areas are listed in the definition for Class I Areas.

Agricultural Activity (RCW 70.94.640 (5)(a)) - The growing, raising, or production of horticultural or viticultural crops, berries, poultry, livestock, grain, mint, hay, and dairy products. This definition applies only to subsection 3.01C3 (pg. 3-6).

Agricultural Burning (WAC 173-430-030(1)) - The burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, or where identified as a best management practice by the agricultural burning practices and research task force established in RCW 70.94.650 or other authoritative source on agricultural practices.

Agricultural Land (RCW 70.94.640 (5)(c)) - At least five acres of land devoted primarily to the commercial production of livestock or agricultural commodities. This definition applies only to subsection 3.01C3 (pg. 3-6).

Agricultural Operation (WAC 173-430-030(2)) - A farmer who can substantiate that the operation is commercial agriculture by showing the most recent year's IRS (App. B) schedule F form or proof that the land is designated in a classification for agricultural use. It also includes burning conducted by irrigation district or drainage district personnel as part of water system management.

Ag Task Force (WAC 173-430-030(3)) - The state agricultural burning practices and research task force.

Air Contaminant (WAC 173-400-030(3)) - Dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. Air pollutant "means the same as air contaminant".

Air Pollution (WAC 173-400-030(4)) - The presence in the outdoor atmosphere of one or more contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property. For the purpose of this regulation, air pollution shall not include air contaminants emitted in compliance with Chapter 17.21 RCW (App. B), the WA Pesticide Application Act, which regulates the application and control of various pesticides.

    
Air Pollution Episode - A period when a forecast, alert, warning, or emergency air pollution stage is declared, as stated in chap. 173-435 WAC.

Allowable Emissions (WAC 173-400-030(5)) - The emission rate of a stationary source calculated using the maximum rated capacity of the stationary source (unless the stationary source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

     1. The applicable standards as set forth in 40 CFR Part 60 or 61 (App. B);

     2. Any applicable SIP (App. B) emissions limitation including those with a future compliance date; or

     3. The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

Ambient Air (WAC 173-400-030(6)) - The surrounding outside air.

Ambient Air Quality Standard (WAC 173-400-030(7)) - An established concentration, exposure time, and frequency of occurrence of air contaminant(s) in the ambient air which shall not be exceeded.

Authority - The Yakima Regional Clean Air Authority.

Best Available Control Technology (BACT) (WAC 173-400-030(10)) - An emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under chap. 70.94 RCW (App. B) emitted from or which results from any new or modified stationary source, which the authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for the control of each pollutant. In no event shall application of the BACT (App. B) result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 61 (App. B), as they exist on March 1, 1996, or their later enactments as adopted by reference by ecology. Emissions from any source utilizing clean fuels, or any other means, to comply with this definition shall not be allowed to increase above levels that would have been required under the definition of BACT in FCAA(App. B) as it existed prior to enactment of the FCAA Amendments of 1990.

Best Management Practice (BMP) (WAC 173-430-030(4)) - The criteria established by the state ag task force.

Board - The Board of Directors of the Yakima Regional Clean Air Authority

Bubble (WAC 173-400-030(12)) - A set of emission limits which allows an increase in emissions form a given emission(s) unit(s) in exchange for a decrease in emissions from another emissions unit(s) pursuant to RCW 70.94.155 and WAC 173-400-120.

Burn Bans - Periods when ecology or the authority determine air contaminant levels are approaching or have reached a level which is harmful to public health or safety. Outdoor burning, agricultural burning, and burning with wood or coal heaters are severely curtailed during these periods.

    
Ceremonial Fires - Fires necessary for Native American ceremonies (i.e. conducted by and for Native Americans) if part of a religious ritual.

Class I Area (WAC 173-400-030(14)) - Any area designated under §§ 162 or 164 of FCAA (App. B) as a class I area. The following areas are the class I areas in Washington state;

     1. Alpine Lakes Wilderness Area;

     2. Glacier Peak Wilderness Area;

     3. Goat Rock Wilderness Area;

     4. Mount Adams Wilderness Area;

     5. Mount Rainier National Park;

     6. North Cascades National Park;

     7. Olympic National Park;

     8. Pasayten Wilderness Area; and

     9. Spokane Indian Reservation.

Combustion and Incineration Sources (WAC 173-400-030(15)) - Units using combustion for waste disposal, steam production, chemical recovery or other process requirements; but excludes outdoor burning.

Commenced Construction (WAC 173-400-030(16)) - The owner or operator has all the necessary preconstruction approvals or permits and either has:

     1. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

     2. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

Concealment (WAC 173-400-030(17)) - Any action taken to reduce the observed or measured concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharged.

    
Construction/Demolition Debris - All material resulting from the construction, renovation, or demolition of buildings, roads, and other man-made structures.

Control Apparatus - Any device which prevents or controls the emission of any air contaminant

Corrective Action Order - An order issued by the authority for the purpose of causing a person to be in compliance with cited authority, state, or federal laws and regulations. The order will specify actions to be taken within a specific time.

Criteria Pollutant (WAC 173-420-040) - Air pollutants for which a NAAQS (App. B) has been promulgated under FCAA (App. B) (40 CFR Part 50) and their precursors.

    
Daylight Hours - 30 minutes before and 30 minutes after the published sunrise and sunset times in a newspaper of general circulation in the area.

De Minimis - The minimum threshold levels that exempts sources or source categories from complying with specific requirements.

DEQ Phase 2 Woodstove (WAC 173-433-150 (1)(c)) - A woodstove meeting the "Oregon Department of Environmental Quality Phase 2" emissions standards contained in Subsections (2) and (3) of Section 340-21-115, and certified in accordance with "Oregon Administrative Rules, Chapter 340, Division 21 - Woodstove Certification" dated November 1984.

Eight Hours (WAC 173-435-020(5)) - Any consecutive eight hours starting at any clock hour.

Emission (WAC 173-400-030(21))- A release of air contaminants into the ambient air.

Emission Reduction Credit (ERC) (WAC 173-400-030(22))- A credit granted under WAC 173-400-131. This is a voluntary reduction in emissions.

Emission Standards - WAC 173-400-030(23)) A requirement established under FCAA (App. B) or WCAA (App. B) which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction and any design, equipment work practice, or operational standard promulgated under FCAA or WCAA.

Emissions Unit (WAC 173-400-030(24)) - Any part of a stationary source or source which emits or would have the potential to emit any pollutant subject to regulation under the FCAA (App. B), chap. 70.94 or 70.98 RCW (App. B).

EPA Certified Woodstove (WAC 173-433-030(2)) - A woodstove that meets the emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by the EPA (App. B) under 40 CFR Part 60, Subpart AAA (App. B) - Standards of Performance for Residential Wood Heaters as amended through July 1, 1990.

EPA Exempted Device - A device that is not required to be tested under 40 CFR Part 60, Subpart AAA.

Equipment - Any stationary or portable device or any part thereof capable of causing the emission of any air contaminant into the ambient air.

Excess Emissions (WAC 173-400-030(25)) - Emissions of an air pollutant in excess of any applicable emissions standard.

Farmer (WAC 173-430-030(7)) - Any person engaged in the business of growing or producing for sale upon their own lands, or upon the land in which they have a present right of possession, any agricultural product. Farmer does not mean persons using such products as ingredients in a manufacturing process, or persons growing or producing such products primarily for their own consumption.

    
Fire Department - Fire control agency such as city fire departments, local fire districts or the DNR (App. B).

Fire Fighting Training Fires - Fires for the instruction in methods of fire fighting, including but not limited to training to fight structural fires, aircraft crash rescue fires, and forest fires.

Fireplace (RCW 70.94.453(3)) - Any permanently installed masonry fireplace; or any factory-built metal solid fuel burning device designed to be used with an open combustion chamber and without features to control the air to fuel ratio.

Firewood - Bare untreated wood used as fuel in a wood heater, solid fuel burning device, ceremonial fire, or a recreational fire.

First Stage of Impaired Air Quality - Can be declared by the authority when PM₁₀ is at an ambient level of 60 µg/m³ (App. B) of air measured on a 24 hour average, or when CO (App. B) is at an ambient level of eight ppm of contaminant of air by volume measured on an eight-hour average.

Fossil Fuel-fired Steam Generator (WAC 173-400-030(30)) - A device, furnace, or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

Fugitive Dust (WAC 173-400-030(31)) - A particulate emission made airborne by forces of wind, man's activity, or both. Unpaved roads, construction sites, and tilled land are examples or areas that originate fugitive dust. Fugitive dust is a type of fugitive emission.

Fugitive Emissions (WAC 173-400-030(32)) - Emissions which do not pass and which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

Furnace (40 CFR 60.531) - A solid fuel burning appliance that is designed to be located outside of ordinary living areas and that warms spaces other than the space where the appliance is located, by the distribution of air heated in the appliance through ducts. The appliance must be tested and listed as a furnace under accepted American or Canadian safety testing codes unless exempted from this provision by the EPA. A manufacturer may request an exemption in writing from the EPA by stating why the testing and listing requirement is not practicable and demonstrating that his appliance is otherwise a furnace.

    
Garbage - Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking or serving of food.

General Process Source (WAC 173-400-030(33)) - An emissions unit using a procedure or a combination of procedures for the purpose of causing a change in material by either chemical or physical means, excluding combustion.

Good Agricultural Practice (RCW 70.94.640 (5)(b)) - The economically feasible practices which are customary among or appropriate to farms and ranches of a similar nature in the local area. This definition applies only to subsection 3.01C3 (pg. 3-6).

Good Engineering Practice (GEP) (WAC 173-400-030(34)) - A calculated stack height based on the equation specified in WAC 173-400-200 (2)(a)(ii).

Hazardous Air Pollutant - Any air pollutant listed in accordance with section 112(b), FCAA (App. B).

Home Barbecues - A small wood, charcoal, LP (App. B) gas, or natural gas fire for the purpose of cooking.

Hour (WAC 173-435-020(4)) - A 60 minute period, beginning and ending on a clock hour.

Impaired Air Quality - A first or second stage impaired air quality condition declared by ecology or the authority in accordance with WAC 173-433-140.

Incinerator (WAC 173-400-030(35)) - A furnace used primarily for the thermal destruction of waste.

Land Clearing Burning - Outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land clearing projects (i.e. projects that clear the land surface so it can be developed, used for a different purpose, or left unused).

Lowest Achievable Emission Rate (LAER) (WAC 173-400-030(38)) - The rate of emissions for any source which reflects the more stringent of:

     1. The most stringent emission limitation which is contained in the SIP (App. B) for a class or category of source, unless the owner or operator of the proposed new or modified source demonstrates that the limitations are not achievable; or

     2. The most stringent emission limitation which is achieved in practice by such class or category of source.

     In no event may the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source performance standards.

Major Modification (WAC 173-400-030(40)) - Any physical change in or change in the method of operation of a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the FCAA (App. B). Any net emissions increase that is considered significant for VOCs (App. B) or NO_x (App. B) shall be considered significant for O₃ (App. B). A physical change or change in the method of operation shall not include:

     1. Routine maintenance, repair, and replacement;

     2. Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and (b) of the Energy Supply and Environmental Supply Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act:

     3. Use of an alternative fuel by reason of an order or rule under section 125 of the FCAA, 42 U.S.C. 7425 (App. B);

     4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

     5. Use of an alternative fuel or raw material by a stationary source which:

     a. The stationary source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 12, 1976; pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51 Subpart I, or 40 CFR 51.166; in a prevention of significant deterioration permit or notice of construction approval; or

     b. The stationary source is approved to use under any federally-enforceable NSR (App. B) approval or a PSD (App. B) permit issued by EPA (App. B) or ecology;

     6. An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976; pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51 Subpart I, or 40 CFR 51.166; in a prevention of significant deterioration permit or a NSR approval;

     7. Any change in ownership at a stationary source.

Major Stationary Source (WAC 173-400-030(41)) -

     1. Any stationary source which:

     a. Emits or has the potential to emit 100 TPY (App. B) or more of any air contaminant regulated by the WCAA (App. B) or FCAA (App. B); or

     b. Is located in a "marginal" or "moderate" O₃ (App. B) nonattainment area and which emits or has the potential to emit 100 TPY (App. B) or more of VOCs (App. B) or NO_x (App. B).

     2. Any stationary source (or group of stationary sources) which:

     a. Is located in a "serious" CO (App. B) nonattainment area where stationary sources contribute significantly to CO levels and which emits or has the potential to emit 50 TPY (App. B) or more of CO; or

     b. Is located in a "serious" PM₁₀ (App. B) nonattainment area and which emits or has the potential to emit 70 TPY or more of PM₁₀ emissions.

     3. Any physical change that would occur at a stationary source not qualifying under parts 1 or 2 of this definition as a major stationary source, if the change would constitute a major stationary source by itself;

     4. A major stationary source that is major for VOCs or NO_x shall be considered major for O₃ (App. B);

     5. The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the stationary source belongs to one of the following categories of stationary sources or the source is a major stationary source due to part 2 of this definition;

     a. Coal cleaning plants (with thermal dryers);

     b. Kraft pulp mills;

     c. Portland cements plants;

     d. Primary zinc smelters;

     e. Iron and steel mills;

     f. Primary aluminum ore reduction plants;

     g. Primary copper smelters;

     h. Municipal incinerators capable of charging more than 250 tons of refuse per day;

     i. Hydrofluoric, sulfuric, or nitric acid plants;

     j. Petroleum refineries;

     k. Lime plants;

     l. Phosphate rock processing plants;

     m. Coke oven batteries;

     n. Sulfur recovery plants;

     o. Carbon black plants (furnace process);

     p. Primary lead smelters;

     q. Fuel conversion plants;

     r. Sintering plants;

     s. Secondary metal production plants;

     t. Chemical process plants;

     u. Fossil-fuel boilers (or combination thereof) totaling more than 250,000,000 BTUs (App. B) per hour heat input;

     v. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

     w. Taconite ore processing plants;

     x. Glass fiber processing plants;

     y. Charcoal production plants;

     z. Fossil fuel-fired steam electric plants of more than 250,000,000 BTUs per hour heat input; and

     aa. Any other stationary source category which, as of August 7, 1970, was being regulated under sections 111 or 112 of FCAA (App. B).

     6. For purposes of determining whether a stationary source is a major stationary source, the term "building, structure, facility, or installation" means all the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same two digit code) as described in the North American Industry Classification System (NAICS) as amended.

     7. This definition does not apply to section 4.04.

Materials Handling (WAC 173-400-030(43)) - The handling, transporting, loading, unloading, storage, and transfer of materials with no significant chemical or physical alteration.

Maximum Available Control Technology (MACT) - A standard developed for the control of hazardous air pollutant emissions from specific source categories regulated under 40 CFR Part 63. The full definitions for MACT for existing sources, MACT for new sources, and MACT floor are in 40 CFR 63.51.

Minor Source - Any stationary source which is not a major stationary source (App. A).

Modification (WAC 173-400-030(44)) - Any physical change in or change in the method of operation of a stationary source that increases the amount of any air contaminant emitted by the source or that results in the emission of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition of modification in section 7411, Title 42, USC (App. B) and with rules implementing that section

National Emission Standards for Hazardous Air Pollutants (NESHAPS) (WAC 173-400-030(45)) - The federal regulations set forth in 40 CFR Part 61 and 63 (App. B).

Natural Vegetation - Unprocessed plant material from herbs, shrubbery, and trees, including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps, and trunk wood.

    
Net Emissions Increase (WAC 173-400-030(47))

     1. The amount by which the sum of the following exceeds zero:

     a. Any increase in actual emissions from a particular change or change in method of operation at a source; and

     b. any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

     2. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the date five years before construction on the particular change commences and the date that the increase from the particular change occurs.

     3. An increase or decrease in actual emissions is creditable only if:

     a. It occurred no more than one year prior to the date of submittal of a complete notice of construction application for the particular change, or it has been documented by an emission reduction credit, in which case the credit shall expire five years after the date of original issue of the ERC (App. B). Any emissions increases occurring between the date of issuance of the ERC and the date when a particular change becomes operational shall be counted against the ERC.

     b. Ecology or the authority has not relied on it in issuing any permit or order of approval for the source under regulations approved under 40 CFR 51 Subpart I or the EPA (App. B) or ecology has not relied on it in issuing a PSD (App. B) permit pursuant to 40 CFR 52.21, which order or permit is in effect when the increase in actual emissions from the particular change occurs.

     4. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

     5. A decrease in actual emissions is creditable only to the extent that:

     a. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

     b. It is federally enforceable at and after the time that actual construction on the particular change begins;

     c. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

     d. Ecology or the authority has not relied on it in issuing any permit or order of approval under regulations approved under 40 CFR 51 Subpart I (App. B), the EPA (App. B) or ecology has not relied on it in issuing a PSD (App. B) permit pursuant to 40 CFR 52.21, or ecology or the authority has not relied on it in demonstrating attainment or reasonable further progress.

     6. An increase that results from a physical change at a source occurs when the emission unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

New Source (WAC 173-400-030(48))

     1. The construction or modification of a stationary source that increases the amount of any air contaminant emitted by a source or that results in the emission of any air contaminant not previously emitted, and;

     2. Any other project that constitutes a new source under FCAA (App. B).

New Source Performance Standards (NSPS) (WAC 173-400-030(49)) - The federal regulations set forth in 40 CFR Part 60 (App. B).

New Source Review (NSR) - The process for the review and approval or denial of a new source review application.

New Source Review Application - Has the same meaning as notice of construction application.

New Wood Stove (RCW 70.94.453(4)) - A wood stove or wood heater that is sold at retail, bargained, exchanged, or given away for the first time by the manufacturer, the manufacturer's dealer or agency, or a retailer; and has not been so used to have become what is commonly known as "second hand" within the ordinary meaning of that term.

    
Nonattainment Area - A clearly delineated geographic area which has been designated by EPA because it does not meet (or it contributes to ambient air quality in a nearby area that does not meet) a NAAQS(s) (App. B) for one or more of the criteria pollutants (App. A), which include CO (App. B), PM (PM₁₀ and PM_2.5) (App. B), SO₂ (App. B), NO₂ (App. B), Pb (App. B), and O₃ (App. B).

Notice of Construction Application (NOC) (WAC 173-400-030(51)) - A written application to permit construction of a new source, modification of an existing source or replacement or substantial alteration of control technology at an existing stationary source. This application has the same meaning as a NSR application.

Nuisance - An emission of smoke or any other air pollutant that unreasonably interferes with the use or enjoyment of the property upon which it is deposited.

Opacity (WAC 173-400-030(52)) - The degree to which an object seen through a plume is obscured, stated as a percentage.

Order - An order issued by ecology or the authority under chap. 70.94 RCW (App. B), including, but not limited to RCW 70.94.332, RCW 70.94.152, RCW 70.94.153, and RCW 70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action order, order of approval, and regulatory order.

    
Order of Approval or Approval Order (WAC 173-400-030(55)) - A regulatory order issued by ecology or the authority to approve the NSR (App. B) application for a proposed new source or modification, a replacement or substantial alteration of control technology at an existing stationary source, or to approve alternative methods of ACM (App. B) removal.

Other Outdoor Burning - Any type of outdoor burning not specified in WAC 173-425-020 including, but not limited to, any outdoor burning necessary to protect public health and safety.

Outdoor Burning (WAC 173-400-030(53) WAC 173-425-030(16)) - The combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion. For the purposes of this regulation, "outdoor burning" includes all types of outdoor burning except agricultural burning and silvicultural burning.

Particulate Matter or Particulate (PM) (WAC 173-400-030(56)) - Any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

Particulate Matter Emissions (WAC 173-400-030(57)) - All finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method specified in 40 CFR Part 60 (App. B) or by a test method specified in the SIP (App. B).

Parts Per Million (ppm) (WAC 173-400-030(58)) - Parts of a contaminant per million parts of gas, by volume, exclusive of water or particulate.

Pellet Stove (WAC 173-433-030 (6)) - A pellet stove with an air-to-fuel ratio > (App. B) 35.0 when tested by an accredited laboratory in accordance with methods and procedures specified by the EPA in 40 CFR Part 60 Appendix A, Reference Method 28A - Measurement of Air to Fuel Ratio and Minimum Achievable Burn Rates for Wood-fired Appliances as amended through July 1, 1990.

Person (WAC 173-400-030(59)) - Any individual, firm, public or private corporation, association, partnership, political subdivision, municipality or governmental agency.

PM_2.5 Ultra finely divided solid or liquid material, including condensible particulate matter, with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air.

PM₁₀ (WAC 173-400-030(60)) - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 CFR Part 50 Appendix J (App. B) and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.

PM₁₀ Emissions (WAC 173-400-030(61)) - Finely divided solid or liquid material, including condensible particulate matter, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in appendix M of 40 CFR Part 51 or by a test method specified in the SIP (App. B).

Potential to Emit (WAC 173-400-030(62)) - 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 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 federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

    
Prevention of Significant Deterioration (PSD) (WAC 173-400-030(63)) - The program set forth in WAC 173-400-141.

Rare and Endangered Plant Regeneration Fires (WAC 173-425-030 (19)) - Fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified in chap. 79.70 RCW.

    
Reasonable Alternative - A method for disposing of organic refuse (such as natural vegetation) that is available, reasonably economical, and less harmful to the environment than burning.

    
Reasonably Available Control Technology (RACT) (WAC 173-400-030(66)) - The lowest emission limit that a particular source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for any source or source category shall be adopted only after notice and opportunity for comment are afforded.

Recreational Fire - Cooking fires, campfires and bonfires using charcoal or firewood that occur in designated areas or on private property for cooking, pleasure, or ceremonial purposes. Fires used for debris disposal are not considered recreational fires.

Regulation - Any regulation and subsequently adopted amendments of the Regulation 1 of Yakima Regional Clean Air Authority.

Regulatory Order (WAC 173-400-030(67)) - An order issued by ecology or the authority to an air contaminant source which applies to that source, any applicable provision of chap. 70.94 RCW, or the rules adopted thereunder, or the regulations of the authority.

Residential Burning - The outdoor burning of leaves, clippings, prunings, and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.

Seasoned Wood (WAC 173-433-030(8)) - Wood of any species that has been sufficiently dried so as to contain <20% or less moisture by weight.

Second Stage of Impaired Air Quality - Can be declared by the authority when PM₁₀ is at an ambient level of 105 µg/m³ (App. B) of air measured on a 24 hour average.

Significant (WAC 173-400-030(68) & 40 CFR 52.21 (b)(23)(i)) - In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emission > (App. B) any one of the following rates:

    
     Pollutant                                        TPY (App. B)

     CO (App. B) . . . . . . . . . . . . 100

     NO_x (App. B) . . . . . . . . . . . . 40

     SO₂ (App. B) . . . . . . . . . . . . 40

     PM (App. B) . . . . . . . . . . . . 25

     PM₁₀ (App. B) . . . . . . . . . . . . 15

     VOC (App. B) . . . . . . . . . . . . 40

     Pb (App. B) . . . . . . . . . . . . 0.6

     Fluorides . . . . . . . . . . . . 3

     H₂SO₄ (App. B) mist . . . . . . . . . . . . 7

     H₂S (App. B) . . . . . . . . . . . . 10

     TRS (App. B) (including H₂S) . . . . . . . . . . . . 10

     Municipal waste combustor organics . . . . . . . . . . . . 0.0000035

     (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans)

     Municipal waste combustor metals . . . . . . . . . . . . 15 or 14 megagrams/yr.

     (measured as PM)

     Municipal waste combustor acid gases . . . . . . . . . . . . 40 or 36 megagrams/yr.

     (measured as SO₂ and HCl)

     Municipal solid waste landfill emissions . . . . . . . . . . . . 50 or 45 megagrams/yr.

     (measured as nonmethane organic compounds)

    
Significant Visibility Impairment (WAC 173-400-030(69)) - Visibility impairment which interferes with the management, protection, preservation, or enjoyment of visitor visual experience of the class I area. The determination must be made on a case-by-case basis, taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairment, and how these factors correlate with the time of visitor use of the class I area and frequency and timing of natural conditions that reduce visibility.

Silvicultural Burning - Outdoor burning relating to the following activities for the protection of life or property and/or the public health, safety, and welfare:

     1. Abating a forest fire hazard;

     2. Prevention of a forest fire hazard;

     3. Instruction of public officials in methods of forest fire fighting;

     4. Any silivicultural operation to improve the forest lands of the state; and

     5. Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.

Solid Fuel Burning Device (WAC 173-433-030(9)) - A device that burns wood, coal, or other nongaseous or nonliquid fuels, which includes any device burning any solid fuel except those prohibited by WAC 173-433-120. This also includes any devices used for aesthetic or space-heating purposes in a private residence or commercial establishment which has a heat input less than one million Btu per hour. In this regulation the phrase "wood or coal heater" is intended to have the same meaning as solid fuel burning device.

Source (WAC 173-400-030(70)) - All of the emissions unit(s), including quantifiable fugitive emissions, that are located on one or more contiguous or adjacent 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 group 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 North American Industry Classification System (NAICS) as amended.

Stack (WAC 173-400-030(72)) - Any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct.

Standard Conditions (WAC 173-400-030(74)) - A temperature of 20°C (68°F) and a pressure of 760 mm (29.92 inches) of Hg (App. B).

State Implementation Plan (SIP) (40 CFR 51.100(j)) - Plans required by EPA (App. B) to be submitted by ecology (App. B) to either maintain or obtain compliance with existing NAAQS (App. B) and approved or promulgated under section 110 of 172 of FCAA (App. B).

Stationary Source (WAC 173-400-030(75)) - Any building, structure, facility or installation which emits or may emit any air contaminant. This term does not include emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in section 216 of the FCAA.

Storm and Flood Debris Burning - Outdoor burning of natural vegetation from storms or floods that have occurred in the previous two years and resulted in an emergency being declared or proclaimed in the area by the city, county, or state government.

Synthetic Minor (WAC 173-400-030(77)) - Any source whose potential to emit has been limited below applicable thresholds by means of a federally enforceable order, rule, or permit condition.

Threshold Level - The level that delineates whether or not a source must comply with specific requirements.

Toxic Air Pollutant (TAP) or Toxic Air Contaminant (WAC 173-400-030(80)) - Any class A or B toxic air pollutant listed in WAC 173-460-150 and 173-460-160. The term toxic air pollutant may include PM (App. B) and VOCs (App. B) if an individual substance or a group of substances within either of these classes is listed in WAC 173-460-150 and/or 173-460-160. The term toxic air pollutant does not include PM and VOCs as generic classes of compounds.

Treated Wood (WAC 173-433-030(10)) - Any species of wood that has been chemically impregnated, painted, or similarly modified to prevent weathering and deterioration.

Twenty-four (24) Hours (WAC 173-400-020(8) WAC 173-435-020(8)) - Any consecutive 24 hours starting at any clock hour.

Tumbleweed Burning - Outdoor burning to dispose of dry plants (typically Russian thistle and tumbleweed mustard plants), that have been broken off, and rolled about, by the wind.

Uncertified Wood Stove (WAC 173-433-030(2)) - A woodstove that does not meet emission performance standards when tested by an accredited independent laboratory or is not labeled according to procedures specified by EPA in 40 CFR Part 60, Subpart AAA, Standards of Performance for Residential Wood Heaters as amended through July 1, 1990.

Unclassifiable Area (FCAA, Sec. 107 (d)(1)(A)(iii) - Any area that cannot be classified on the basis of available information as meeting or not meeting the national primary or secondary ambient air quality standard for the pollutant.

Urban Growth Area - Land generally including and associated with an incorporated city which is designated by the county for urban growth under RCW 36.70A.030.

Volatile Organic Compound (VOC) (WAC 173-400-030(84)) - Any compound of carbon, excluding CO, CO₂, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This includes:

     1. Any organic compound except the following, which have been determined to have negligible photochemical reactivity:

     a. Methane;

     b. Ethane;

     c. Methylene chloride (dichloromethane);

     d. 1,1,1-trichloroethane (methyl chloroform);

     e. 1,1, 2-trichloro 1,2,2-trifluoroethane (CFC-113);

     f. Tricholorfluoromethane (CFC-11);

     g. Dichlorodifluoromethane (CFC-12);

     h. Chlorodifluoromethane (HCFC-22);

     i. Trifluoromethane (HFC-23);

     j. 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);

     k. Chloropentafluoroethane (CFC-115);

     l. 1,1,1,-trifluoro 2,2-dichloroethane (HCFC-123);

     m. 1,1,1,2-tetrafluoroethane (HFC-134a);

     n. 1,1-dichloro 1-fluoroethane (HCFC-141b);

     o. 1-chloro 1,1-difluoroethane (HCFC-142b);

     p. 2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124);

     q. Pentafluoroethane (HFC-125);

     r. 1,1,2,2-tetrafluoroethane (HFC-134);

     s. 1,1,1-trifluoroethane (HFC-143a);

     t. 1,1-difluoroethane (HFC-152a);

     u. Parachlorobenzotriflouride PCBTF);

     v. Cyclic, branched, or linear completely methylated siloxanes;

     w. Acetones perchloroethylene (tetrachloroethylene); and

     x. Perfluorocarbon compounds which fall into these classes:

     1) Cyclic, branched, or linear completely flourinated alkanes;

     2) Cyclic, branched, or linear completely flourinated ethers with no unsaturations; and

     3) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

     2. For the purpose of determining compliance with emission limits, VOC (App. B) will be measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where a method also measures compounds with negligible photo-chemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of the compounds is accurately quantified, and the exclusion is approved by ecology or the authority.

     3. As a precondition to excluding these negligibly-reactive compounds as VOC or at any time thereafter, ecology or the authority may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of ecology or the authority, the amount of negligibly-reactive compounds in the source's emissions.

Weed Abatement Fire - Outdoor burning to dispose of weeds that is not regulated under chap. 173-430 WAC, which applies to agricultural burning.

Wood Heater - Has the same meaning as "solid fuel burning device."

Woodsmoke Control Zone - An area where the use of wood heaters and outdoor and agricultural burning is further restricted to reduce the impact of air pollution during an impaired air quality or air pollution episode. The legal land description is located in app. H (pg. H-1), and it is shown on the map in app. I (pg. I-2).

Wood Stove (WAC 173-433-030(11)) - An enclosed solid fuel burning device capable of and intended for residential space heating and domestic water heating that meets the following criteria contained in 40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters as amended through July 1, 1990:

     1. An air-to-fuel ratio in the combustion chamber averaging less than 35.0, as determined by EPA Reference Method 28A;

     2. A useable firebox volume of less than 20 cubic feet;

     3. A minimum burn rate less than 11 lbs./hr. (5 kg/hr) as determined by EPA Reference Method 28;

     4. A maximum weight of 1764 lbs. (800 kg), excluding fixtures and devices that are normally sold separately, such as flue pipe, chimney, and masonry components not integral to the appliance.

     A wood stove is a type of wood heater in this regulation. The term "wood stove" does not include wood cook stoves.

Yakima CO Nonattainment Area - The legal description is located in app. H (pg. H-4), and it is shown on the map in app. I (pg. I-4).

Yakima PM₁₀ Nonattainment Area - The legal description is located in app. H (pg. H-4), and it is shown on the map in app. I (pg. I-5).

Yakima Urban Area - The legal land description is located in app. H (pg. H-1), and it is shown on the map in app. I (pg. I-3).

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Yakima Regional Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

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