WSR 97-01-070

PERMANENT RULES

PUGET SOUND AIR

POLLUTION CONTROL AGENCY

[Filed December 16, 1996, 4:05 p.m.]

Date of Adoption: December 12, 1996.

Purpose: Technical amendments to clarify sections of Regulations I and III.

Citation of Existing Rules Affected by this Order: Amending Regulation I, Sections 5.03, 6.04 and Regulation III, Sections 1.11, 2.01, 2.05.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 96-22-088 on November 6, 1996.

Changes Other than Editing from Proposed to Adopted Version: Amendments to Regulation I, Section 8.07 are being continued.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 13, 1996

John K. Anderson

Senior Engineer

AMENDATORY SECTION

REGULATION I SECTION 5.03 REGISTRATION REQUIRED

(a) The registration requirements of this article do not apply to ((mobile sources)) motor vehicles; nonroad engines or nonroad vehicles as defined in Section 216 of the federal Clean Air Act; or to sources that require an operating permit under Article 7.

(b) It shall be unlawful for any person to cause or allow the operation of any source required to register under Section 5.03, unless it conforms to all the requirements of Article 5. Except as provided in Section 5.03(a), the owner or operator of each of the following stationary air contaminant sources shall register the source with the Agency by paying the annual fee required by Section 5.07 and submitting any reports required by Section 5.05.

(1) Aerosol can-filling facilities;

(2) Agricultural chemical facilities engaging in the manufacturing of liquid or dry fertilizers or pesticides;

(3) Agricultural drying and dehydrating operations;

(4) Alumina processing;

(5) Ammonium sulfate manufacturing plants;

(6) Any category of stationary sources to which a federal standard of performance (NSPS) under 40 CFR Part 60, other than Subpart S (Primary Aluminum Reduction Plants), BB (Kraft Pulp Mills) or AAA (New Residential Wood Heaters), applies;

(7) Any source category subject to the National Emission Standards for Hazardous Air Pollutants (NESHAP) under 40 CFR Part 61, other than Subpart M (Asbestos on roadways, asbestos demolition or renovation activities, or asbestos spraying), or 40 CFR Part 63;

(8) Any source that has elected to opt out of the operating permit program by limiting its potential-to-emit (synthetic minor) or is required to report periodically to demonstrate nonapplicability to EPA requirements under Sections 111 or 112 of the federal Clean Air Act;

(9) Any source with the potential to emit any of the following pollutants at a rate of emission equal to or greater than any one of the following rates (tons/year):

carbon monoxide 100

nitrogen oxides 40

sulfur dioxide 40

particulate matter (PM) 25

fine particulate matter (PM10) 15

volatile organic compounds (VOC) 40

lead 0.6

fluorides 3

sulfuric acid mist 7

hydrogen sulfide (H₂S) 10

total reduced sulfur (including H₂S) 10

(10) Asphalt and asphalt products production facilities;

(11) Automobile or light-duty truck surface coating operations;

(12) Bakers yeast manufacturing;

(13) Brick and clay manufacturing plants, including tiles and ceramics;

(14) Cattle feedlots with operational facilities that have an inventory of 1,000 or more cattle in operation between June 1 and October 1, where vegetation forage growth is not sustained over the majority of the lot during the normal growing season;

(15) Chemical manufacturing plants;

(16) Coal preparation plants;

(17) Coffee roasting facilities;

(18) Composting operations, including commercial, industrial and municipal, but exempting agricultural and residential composting activities;

(19) Concrete product manufacturers and ready-mix and premix concrete plants;

(20) Crematoria or animal carcass incinerators;

(21) Dry cleaning plants;

(22) Ethylene dichloride, polyvinyl chloride, or vinyl chloride plants;

(23) Explosives production;

(24) Flexible polyurethane foam production;

(25) Flexible vinyl and urethane coating and printing operations;

(26) Gasoline stations, bulk gasoline plants, and gasoline loading terminals;

(27) Gelcoat, polyester, resin, or vinylester coating manufacturing operations at commercial or industrial facilities;

(28) Glass manufacturing plants;

(29) Grain, seed, animal feed, legume, and flour processing operations and handling facilities;

(30) Ink manufacturers;

(31) Landfills, active and inactive, including covers, gas collection systems, or flares;

(32) Lead-acid battery manufacturing plants;

(33) Lime manufacturing plants;

(34) Metal casting facilities and foundries, ferrous and nonferrous;

(35) Metallic and nonmetallic mineral processing plants, including rock crushing plants and sand and gravel operations;

(36) Metallurgical processing plants;

(37) Mills such as lumber, plywood, shake, shingle, woodchip, veneer operations, dry kilns, pulpwood insulating board, or any combination thereof;

(38) Mineral wool production;

(39) Mineralogical processing plants;

(40) Municipal waste combustors;

(41) Nitric acid plants;

(42) Paper manufacturers, except Kraft and sulfite pulp mills;

(43) Petroleum refineries;

(44) Pharmaceuticals production;

(45) Plastics and fiberglass product fabrication facilities;

(46) Pneumatic materials conveying operations and industrial house-keeping vacuuming systems that exhaust more than 1,000 acfm to the atmosphere;

(47) Portland cement plants;

(48) Primary copper smelters, lead smelters, magnesium refining and zinc smelters, but excluding primary aluminum plants;

(49) Rendering plants;

(50) Semiconductor manufacturing;

(51) Shipbuilding and ship repair (surface coating);

(52) Soil vapor extraction (active), thermal soil contaminant desorption, or groundwater air stripping remediation projects;

(53) Sulfuric acid plants;

(54) Surface-coating manufacturers;

(55) Surface spray-coating operations, including automotive, metal, cans, pressure-sensitive tape, labels, coils, wood, plastic, rubber, glass, paper, and other substrates;

(56) Synthetic fiber production facilities;

(57) Synthetic organic chemical manufacturing industries;

(58) Tire recapping facilities;

(59) Vegetable oil production;

(60) Wastewater treatment plants;

(61) Wood treatment;

(62) Any source that has equipment or control equipment, with an approved Notice of Construction under Article 6 of Regulation I; or

(63) Any source, including any listed above, that has been determined through review by the Control Officer to warrant registration, due to the amount and nature of air contaminants produced, or the potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property.

AMENDATORY SECTION

REGULATION I SECTION 6.04 NOTICE OF CONSTRUCTION REVIEW FEES

A Notice of Construction and Application for Approval is incomplete until the Agency has received a plan examination fee as shown below:

Refuse Burning Equipment: (rated capacity)

12 tons per day or less $5,000.00

greater than 12 tons per day but less than

250 tons per day $20,000.00

250 tons per day or greater $50,000.00

Storage Tanks: (gallons)

less than 20,000 $200.00

20,000 or more $500.00

Spray Painting Operation (per booth) $300.00

Gasoline Station $300.00

Dry Cleaner (per machine) $200.00

Landfill Gas System $1,000.00

Composting Facility $1,000.00

Soil Thermal Desorption Unit (initial) $2,000.00

Relocation of Approved Desorption Unit

to New Address $700.00

Minor NOC Change not Involving a Change

in Equipment $300.00

Relocation of Previously Permitted Portable

Source to a New Address, except Soil

Thermal Desorption Units $300.00

NOC Applicability Determination $100.00

Other (not classified above) $300.00

Additional Charges:

SEPA Threshold Determination $100.00

Air Toxics Review (under Regulation III,

Section 2.07 (c)(2)) $500.00

Air Toxics Review (under Regulation III,

Section 2.07 (c)(3)) $5,000.00

Major Source, Major Modification, or

Emission Increases greater than Pre-

vention of Significant Deterioration

Thresholds (see Regulation I, Section

6.07(d)) $5,000.00

Opacity/Grain Loading Correlation (see

Regulation I, Section 9.09(c)) $5,000.00

Emissions Units Subject to an NSPS or

NESHAP (except residential wood heaters,

asbestos renovation or demolition,

chromic acid anodizing, chromium electro-

plating, perchloroethylene dry cleaning,

or cold solvent cleaners) $1,000.00

Public Notice (plus publication fees) $200.00

AMENDATORY SECTION

REGULATION III SECTION 1.11 REPORTING REQUIREMENTS

(a) This section applies to all sources of toxic air contaminants that ((which)) are subject to Article 5 or Article 7 of Regulation I.

(b) In addition to the reporting requirements of Article 5 or Article 7 of Regulation I, the owner or operator of an air contaminant source shall make reports to the Agency concerning the types and amounts of toxic air contaminants emitted and other relevant information needed to calculate such emissions.

(c) The owner or operator of an air contaminant source shall, upon request of the Agency, provide such existing or reasonably available information as necessary to assist the Agency to determine if the emissions of toxic air contaminants from the source may result in the exceedance of an ASIL contained in Appendix A of this Regulation III.

AMENDATORY SECTION

REGULATION III SECTION 2.01 APPLICABILITY

(a) Article 2 of this Regulation III shall apply to all sources of toxic air contaminants except that Section 2.05 shall not apply to the following:

(1) Asbestos Removal Operations subject to Article 4 of Regulation III

(2) Hard and Decorative Chromium Electroplating and Chromium Anodizing subject to Section 3.01 of Regulation III

(3) Solvent Metal Cleaners subject to Section 3.05 of Regulation III

(4) Perchloroethylene Dry Cleaners subject to Section 3.03 of Regulation III

(5) Petroleum Solvent Dry Cleaning Systems subject to Section 3.07 of Regulation II

(6) Gasoline Storage and Dispensing Operations subject to Article 2 of Regulation II

(7) Graphic Arts Systems subject to Section 3.05 of Regulation II

(8) Can and Paper Coating Operations subject to Section 3.03 of Regulation II

(9) Motor Vehicle and Mobile Equipment Coating Operations subject to Section 3.04 of Regulation II

(10) Polyester/Vinylester/Gelcoat/Resin Operations subject to Section 3.08 of Regulation II

(11) Coatings and Ink Manufacturing subject to Section 3.11 of Regulation II

(12) Ethylene Oxide Sterilizers and Aerators subject to Section 3.07 of Regulation III

(b) Any demonstration required by this Article shall be conducted in accordance with Section 2.07 of this Regulation.

AMENDATORY SECTION

REGULATION III SECTION 2.05 ((REGISTERED)) SOURCES OF TOXIC AIR CONTAMINANTS

(a) This section applies to all sources of toxic air contaminants that are subject to ((required to be registered by)) Article 5 or Article 7 of Regulation I, unless covered by specific rules referenced in Section 2.01 above.

(b) The Control Officer shall have the authority to conduct a screening evaluation of any source in accordance with Section 2.07 of this Regulation to determine if the toxic air contaminant emissions from the source would result in the exceedance of an ASIL contained in Appendix A of this Regulation III. The owner or operator of the source shall be informed of the results of any such screening evaluation.

(c) If, as a result of the screening evaluation conducted under (b) above, the Control Officer determines that the toxic air contaminant emissions from a source may result in the exceedance of an ASIL contained in Appendix A of this Regulation III, the Control Officer may issue an order requiring the owner or operator of the source to perform an analysis in accordance with Section 2.07 of this Regulation and may establish a schedule for submission of the analysis.

(d) It shall be unlawful for any person required to perform an analysis under (c) above, to cause or allow the continued operation of the source after the submission date established by the Control Officer, unless one of the following conditions is met:

(1) A dispersion modeling analysis demonstrates to the Control Officer that the toxic air contaminant emissions from the source will not result in the exceedance of any ASIL contained in Appendix A of this Regulation III; or

(2) A dispersion modeling analysis demonstrates to the Control Officer that the toxic air contaminant emissions from the source will not result in the exceedance of any ASIL contained in Appendix A of this Regulation III after the installation of the Best Available Control Technology (BACT) and a compliance schedule for employing BACT is approved by the Control Officer; or