WSR 97-03-112

PROPOSED RULES

NORTHWEST AIR

POLLUTION AUTHORITY

[Filed January 21, 1997, 9:45 a.m.]

Original Notice.

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

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

Purpose: To amend, add and delete subsections of the NWAPA regulation to provide more clarity for users, to make the regulation more consistent with state and federal rules and to promote more effective air pollution control.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: Subsections:

104.2 Referenced recently adopted federal rules in 40 CFR 60, 61, and 63.

114 Revised wording in confidential information subsection to be consistent with chapter 70.94 RCW.

131.21 Insert the word "business" after the word "ten" to allow ten business days for a response to a violation.

131.4 Change from two to five years after which any suspended portion of a penalty becomes null and void.

132.6 Add words "per day per violation" for consistency with federal law and other parts of subsection 132. This is necessary to receive full delegation from EPA of the Title 5 Air Operating Permit Program.

200 Add a definition for solid waste consistent with chapter 173-434 WAC, revise definition of Best Available Control Technology (BACT) to identify BACT as a technology not an emission limit, redefine standard conditions to be consistent with traditional air pollution engineering assumptions (20 degrees C. and 760 mm mercury), change correction factor in definition of standard cubic foot of gas to 68 degrees F from 60 degrees F.

321.3 Improve language referring to sources that lose their registration status if they cease operation for more than one year in the Northwest Air Pollution Authority jurisdiction.

342.3 Add the words "if requested by the Control Officer" after "submit a report."

360 Include air operating permit sources.

365 Include air operating permit sources.

462.1 and 2 Add word averaged before "for a sixty consecutive minute period" to make rule consistent with state requirement.

530.1 Revised wording of nuisance section for clarity.

535.3 Revised wording of nuisance odor subsection for clarity.

580.6 Modify subsection on gasoline stations to be consistent with chapter 173-491 WAC.

580.8 Revise subsection to be consistent with federal rules on leak detection and repair at petroleum refineries.

580.11 Add CARB (California Air Resources Board) as a resource for reference testing methods.

580.12 Remove all compliance dates for Section 580 because they are after the fact or Stage II requirements have changed.

Reasons Supporting Proposal: To clarify nuisance rules to be more consistent with state rules on confidential information and Stage II Vapor Controls.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: James Randles, 302 Pine Street, # 207, Mount Vernon, WA 98273-3852, (360) 428-1617.

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 of this organization.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Skagit Administration Building, Second Street and Kincaid Street, Hearing Room "C", Mount Vernon, Washington 98273, on March 13, 1997, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Susan Duffy by February 28, 1997, (360) 428-1617, ext. 200.

Submit Written Comments to: Northwest Air Pollution Authority, FAX (360) 428-1620, by March 12, 1997.

Date of Intended Adoption: March 13, 1997.

January 17, 1997

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 the Authority is hereby adopted by reference and made part of the Regulation of the Authority as of May 9, 1996. 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-405, WAC 173-410, WAC 173-415, WAC-420, WAC-421, WAC-422, WAC 173-425, WAC 173-430, WAC 173-433, WAC 173-434, WAC-435, WAC-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-492, WAC-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 May 9, 1996: 40 CFR Part 60 (Standards of Performance For New Stationary Sources) subparts A, B, C, Ca, Cb, Cc, Cd, D, Da, Db, Dc, E, Ea, Eb, 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, T, U, W, X, Y, CC, DD, EE, GG, II, ((and)) JJ, KK, OO, PP, QQ, RR, VV, and JJJ.

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

AMENDATORY SECTION

SECTION 114 - CONFIDENTIAL INFORMATION

114.1 Whenever any records or other information other than ambient air quality data or emission data furnished to or obtained by the Authority ((pursuant to any sections in the State Act as now or hereafter amended)), relates to processes or production unique to the owner or operator, or are likely to affect adversely the competitive position of such owner or operator ((of such processes or production may so certify and request that such records or information be made available only for the confidential use of the Board, the Advisory Council, and Authority staff)) if released to the public or to a competitor, and the owner or operator of such processes or production so certifies, such records or information shall be only for the confidential use of the Authority. Nothing herein shall be construed to prevent the use of records or information by the Authority in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere: PROVIDED, that such analyses or summaries do not reveal any iuformation otherwise confidential under the provisions of this section: PROVIDED FURTHER, that emission data furnished to or obtained by the Board shall be correlated with applicable emission limitations and other control measures and shall be available for public inspection during normal business hours at offices of the Board.

((The Board shall give consideration to the request and if such action would not be detrimental to the public interest and is otherwise within accord with the policies and purposes of the Regulation of this Authority and with State Laws, may grant the same. Nothing herein shall be construed to prevent the use of records or information by the Board, the Advisory Council, or staff in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere; PROVIDED, that such analyses or summaries do not reveal any information otherwise confidential under the provisions of this Section. No member of the Board, Advisory Council, or staff of the Authority shall have access to any confidential information in which they may, in the opinion of the Board, have a conflict of interest; PROVIDED FURTHER, that emission data furnished to or obtained by the Board shall be correlated with applicable emission limitations and other control measures and shall be available for public inspection during normal business hours at the office of the Authority.))

Passed: January 8, 1969

Amended: October 1, 1969, January 8, 1970, February 14, 1973, July 11, 1973, April 14, 1993, March 13, 1997

AMENDATORY SECTION

SECTION 131 - VIOLATION - NOTICES

131.1 If the Board or Control Officer has reason to believe that a violation of this Regulation has occurred or is occurring, the Board or Control Officer may, with or without notice as specified in Section 130, cause written notice of violation to be served upon the alleged violator and the facts alleged to constitute a violation thereof. Written notice shall be served at least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 and 70.94.431.

131.2 The Board or Control Officer upon issuance of notice of violation may do any or all of the following:

131.21 Require that the alleged violator respond in writing or in person within ten (10) business days of the notice and specify the corrective Action being taken.

131.22 Issue an order pursuant to Section 121 of this Regulation.

131.23 Initiate action pursuant to Sections 132, 133, 134 and 135 of this Regulation.

131.24 Hold a hearing pursuant to Section 120 of this Regulation.

131.25 Require the alleged violator or violators appear before the Board.

131.26 Avail itself of any other remedy provided by law.

131.3 Failure to respond as required in Section 131.21 shall constitute a prima face violation of this Regulation and the Board or Control Officer may initiate action pursuant to Section 132, 133, 134, 135 of this Regulation.

131.4 Any suspended civil penalty, issued under Section 133 of this Regulation, which is issued as part of a violation shall be applicable in future penalties against the same person for not more than ((two)) five years from the date of the same suspension. After ((two)) five years the suspended portion of the Penalty shall be considered void and of no force or effect, appeals notwithstanding.

Amended: April 14, 1993, March 13, 1997

SECTION 132 - CRIMINAL PENALTY

132.6 Any person who knowingly makes any false material statement, representation, or certification in any form, in any notice or report required by a permit, as required by 40 CFR 70.11 (a)(3)(iii) shall be guilty of a crime and upon conviction thereof shall be punished by a maximum fine of not less than ten thousand dollars ($10,000) per day per violation.

Amended: April 14, 1993, October 13, 1994, March 13, 1997

AMENDATORY SECTION

SECTION 200 - DEFINITIONS

agricultural operation - The growth of crops, the raising of fowl, animals or bees as a gainful occupation.

air contaminant - Means dust, fumes, mist, smoke, other particulate matter, vapor gas, odorous substance, or any combination thereof.

air contaminant source - Is a point or points from which one or more air contaminants originate.

air pollution - Is present in the outdoor atmosphere of one or more air 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 interfere with enjoyment of life and property.

air quality objective - The concentration and exposure time of one or more air contaminants in the ambient air below which, according to available knowledge, undesirable effects will not occur.

air quality standard - An established concentration, exposure time and frequency of occurrence of one or more air contaminants in the ambient air which shall not be exceeded.

ambient air - The surrounding outside air.

ambient air monitoring station - A station so designated by the Control Officer for the purpose of measuring air contaminant concentrations in the ambient air. The station location and sampling probe locations shall be designated by the Control Officer utilizing as a guide CFR Title 40, Part 58, Appendix "D" Network Design and Appendix "E" Probe Siting Criteria.

authority - Northwest Air Pollution Authority (NWAPA).

((best available control technology (bact) - An emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under chapter 70.94 RCW emitted from or which results from any new or modified stationary source, which the permitting 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 control of each such pollutant. In no event shall application of the "best available control technology" result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 61, as they exist on February 8, 1996, or their later enactments as adopted by reference by the Control Officer by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase above levels that would have been required under the definition of BACT in the Federal Clean Air Act as it existed prior to enactment of the Clean Air Act Amendments of 1990.))

best available control technology (bact) - means technology that will result in an emission standard, including a visible emission standard, based on the maximum degree of reduction 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 through application of production processes, available methods, systems, and techniques, including fuel cleaning or treatment, clean fuels, or innovative fuel combustion techniques for control of each air contaminant. In no event shall application of the best available control technology result in emissions of any air contaminant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. The Authority may prescribe a design, equipment, work practice, or operational standard, or combination thereof, to meet the requirements of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means that achieve equivalent results.

refuse - Putrescrible and non-putrescible solid waste including garbage, rubbish, ashes, dead animals, abandoned automobiles, solid market wastes, street cleanings and industrial wastes including waste disposal in industrial salvage.

refuse burning equipment - Equipment designed to burn (refuse) waste material, scrap or combustion remains.

registration - Registration shall mean the prmcess of identifying, delineating and itemizing all air contaminant sources within the jurisdiction of the Authority including the making of periodic reports, as required, by the persons operating or responsible for such sources and may contain information concerning location, size, height of contaminant outlets, processes employed, nature of the contaminant emissions and such other information as is relevant to air pollution and available or reasonably capable of being assembled.

residential burning - Means small outdoor fires, at a one or two family residence, consisting of leaves, clippings, pruning and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling resulting from activities connected with said dwelling and burned on such lands by the property owner or his designee.

small outdoor fire - Means a fire in a pile no more than four (4) feet in diameter and three (3) feet in height.

smoke - Gas borne particulate matter in a sufficient amount to be observable.

solid waste - means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid materials, which are not primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to septage from septic tanks, dangerous waste, and problem wastes. Solid waste does not include wood waste or sludge from waste water treatment plants.

source - 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 groups of products. Activities shall be considered ancillary to the production of a single product or functionally related group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

stack - Duct, chimney, flue, conduit, or opening arranged for the emission into the outdoor atmosphere of air contaminants.

standard conditions - Standard Conditions (((A))) is a temperature of ((60 degrees F)) 20 degrees C (68 degrees F) and a pressure of 760 mm (29.92 inches) of mercury. ((29.92 inches of mercury. Standard Conditions (B) is a temperature of 0 degrees C and 760 mm of mercury. Standard Conditions (C) is a temperature of 25 degrees C and 760 mm of mercury.))

standard cubic foot of gas - That amount of gas which would occupy a cube having dimensions of one foot on each side, if the gas were free of water vapor at a pressure of 14.7 psia and a temperature of ((60)) 68 degrees F.

state act - Washington Clean Air Act (RCW 70.94) and RCW 43.21A and 43.21B.

straw - All vegetative material of agricultural origin other than seed removed by swathing, combining or cutting.

ton - Short ton or 2000 pounds.

total suspended particulate - Particulate matter as measured by the method described in 40 CFR Part 50 Appendix B as in effect on July 1, 1988.

true vapor pressure - The equilibrium pressure exerted by a hydrocarbon at storage conditions.

turf grasses - All blue grasses, fescues, and bentgrass planted for seed production.

unavoidable excess emissions - Air contaminants emitted in excess of a standard that are excused and not subject to penalty by reason that the event(s) meet the criteria in WAC 173-400-107 (4), (5), or (6).

u.s. environmental protection agency - Shall be known as EPA in this Regulation.

wood waste burner - A sheet metal or other type of enclosure to form a truncated cone or a single chamber cylindrically shaped incinerator line or constructed of suitable refractory material which employs controlled fuel feed, tangential overfire and underfire air supply system, and is designed and used for the disposal of wood and bark wastes by incineration.

amended: October 13, 1982, November 14, 1984, April 14, 1993, October 13, 1994, February 8, 1996, May 9, 1996, March 13, 1997

AMENDATORY SECTION

SECTION 321 - GENERAL REQUIREMENTS FOR REGISTRATION

321.1 Registration shall include the following procedures. Any person operating or responsible for the operation of an air contaminant source that requires registration shall make reports containing information as may be required concerning location, size and height of contaminant outlets, processes employed, nature of contaminant emission and such other information as is relevant to air pollution and available or reasonably capable or being assembled. The owner or agent of the source shall, upon request, submit the required information.

321.2 A separate registration shall be required for each source of contaminant; provided that, an owner need not have a separate registration for identical units of equipment or control facility installed, altered or operated in an identical manner on the same process.

321.3 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, the source 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. ((Provided, however, that those registered sources specifically designed and approved by the Control Officer as part of their original "Notice of Construction and Application for Approval" shall be exempt from this subsection.))

Passed: January 8, 1969

Amended: February 14, 1973, August 8, 1978, April 14, 1993, March 13, 1997

SECTION 342 - OPERATION AND MAINTENANCE

342.1 All air contaminant sources are required to keep any process and/or air pollution control equipment in good operating condition and repair. If a breakdown or upset condition occurs and it is determined by the Control Officer to be due to poor operating and maintenance procedures, the Control Officer may take any legal steps necessary to prevent a recurrence of the breakdown or upset condition.

342.2 Operating instructions and maintenance schedules for process and/or control equipment must be available and may be required to be posted on the site. This section is specifically applicable to the operation of equipment where untrained personnel may operate or otherwise have access to or use the equipment.

342.3 If a breakdown or violation occurs and is due to the improper operation or maintenance of equipment, the owner or operator of the source will, in addition to filing a report of breakdown under Section 340, submit a report if requested by the Control Officer on what measures will be taken in training or re-orienting personnel to prevent a recurrence of the breakdown.

342.4 Excess emissions due to shutdown or startup shall be considered unavoidable provided the source adequately demonstrates that the excess emissions could not have been prevented through careful planning and design, the emissions did not result in a violation of an ambient air quality standard and if a bypass of control equipment occurs, that such bypass is necessary to prevent loss of life, personal injury, or severe property damage.

Amended: April 14, 1993, September 8, 1993, May 11, 1995, February 8, 1996, March 13, 1997

SECTION 360 - TESTING AND SAMPLING

360.1 Any person operating or using any article, machine, equipment or other contrivance ((for which this Regulation requires registration)) shall provide and maintain such sampling and testing facilities as specified in the approval to construct or ((the registration to operate)) an air operating permit.

360.2 Before an approval to construct or a registration or certificate to operate is granted, the Control Officer may require the owner or applicant to provide and maintain such facilities as are necessary for sampling and testing purposes and perform such tests as are necessary in order to secure information that will disclose the nature, extent, quality or degree of air contaminants discharged into the atmosphere from the article, machine, equipment or other contrivance described in the notice of construction, or application for registration or certificate to operate. In the event of such a requirement, the Control Officer shall notify the applicant in writing of the required size, number and location of sampling ports; the size and location of the sampling platform, and the utilities for operating the sampling and testing equipment and the tests to be performed. The platform, access and utilities shall be constructed and maintained in accordance with the rules and Regulations of the State Department of Labor and Industries and other applicable State and Local Regulations, rules and ordinances.

Passed: October 1, 1969

Amended: February 14, 1973, March 13, 1997

SECTION 365 - MONITORING

365.1 Any person operating a registered air contaminant source or ((under a certificate to operate)) 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.

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.

Passed: August 4, 1971

Amended: February 14, l973, February 8, l989, March 13, 1997

SECTION 462 - EMISSION OF SULFUR COMPOUNDS

462.1 It shall be unlawful for any person to cause or permit the emission of air contaminants from any equipment if the air contaminants emitted as measured in the stack contain sulfur compounds calculated as sulfur dioxide, of more than one thousand (1,000) parts per million (2.62 mg/m³), averaged for a sixty consecutive minute period, except as otherwise provided by a specific emission restriction adopted by this Authority and/or the DOE. For the purpose of this section, all sulfur present in gaseous compounds containing oxygen shall be deemed present as sulfur dioxide.

462.2 Emissions of sulfur compounds calculated to be in excess of 1,000 parts per million (2.62 mg/m³) at any emission point, averaged for a sixty consecutive minute period, shall not constitute a violation of Section 462.1 of this Regulation, provided such person responsible for the emission provides reasonable evidence that such emissions will not cause ground level concentrations on adjacent property to exceed the values indicated in Section 410 of this Regulation, and can demonstrate to the Control Officer there is no practical method of reducing the concentration to the above levels or less.

462.3 All concentrations of sulfur dioxide referred to in this Section are on a volumetric dry basis. For combustion emissions, the exhaust gas volume shall be corrected to 7% oxygen.

Passed: July 8, 1969

Amended: August 4, 1971, January 9, 1974, August 9, 1978, July 1, 1987, October 14, 1987, April 14, 1992, October 13, 1994, March 13, 1997

AMENDATORY SECTION

SECTION 530 - GENERAL NUISANCE

530.1 ((A)) No person shall ((not)) discharge from any source ((whatsoever)) quantities of air contaminants in sufficient amounts and of such characteristics and duration as is likely to be injurious or cause damage to human health, plant or animal life, or property; or which unreasonably interferes with enjoyment of life and property ((of a significant number of persons)).

passed: December 4, 1970

Amended: April 14, 1993, March 13, 1997

SECTION 535 - ODOR CONTROL MEASURES

535.1 Best available control technology shall be installed and operated to reduce odor-bearing gases or particulate matter emitted into the atmosphere to a reasonable minimum.

535.2 The Board or Control Officer may establish reasonable requirements that the building or equipment be closed and ventilated in such a way that all the air, gases and particulate matter are effectively treated for removal or destruction of odorous matter or other air contaminants before emission to the atmosphere.

535.3 ((The ambient air shall not contain odorous substances, such as (but not limited to) hydrogen sulfide, mercaptans, organic sulfides and other aromatic and aliphatic compounds in such concentrations or of such duration as will threaten health or safety or prevent the enjoyment and use of property.))

No person shall discharge or permit the discharge into the ambient air odorous substances, such as (but not limited to) hydrogen sulfide, mercaptans, organic sulfides and other aromatic and aliphatic compounds in such concentrations or of such duration as will threaten health or safety of any person or unreasonably interfere with the use and enjoyment of property.

Passed: January 8, 1969

Amended: April 14, 1993, March 13, 1997

SECTION 580.6 - Gasoline Stations

580.61 Section 580.62 shall apply to:

580.611 All gasoline stations in existence on January 1, 1990 with a total annual gasoline output greater than one million three hundred sixty-four thousand liters (360,000 gallons) and total gasoline storage capacity greater than thirty-eight thousand liters (10,000 gallons) and

580.612 All gasoline stations installed or reconstructed after January 1, 1990.

580.62 It shall be unlawful for any person to cause or allow the transfer of gasoline from any transport tank into any stationary storage tank except as provided in 580.63 of this section unless the following conditions are met:

580.621 Such stationary storage tank is equipped with a permanent submerged fill pipe and approved vapor recovery system, and

580.622 Such transport tank is equipped to balance vapors and is maintained in a vapor-tight condition in accordance with Section 580.10 and

580.623 All vapor return line are connected between the transport tank and the stationary storage tank and the vapor recovery system is operating.

580.63 Notwithstanding the requirements of 580.61 of this regulation, the following stationary gasoline storage tanks are exempt from the requirements of 580.62:

580.631 All tanks with a capacity less than seven thousand five hundred liters (2,000 gallons) installed before January 1, 1990.

580.632 All tanks with offset fill lines installed before January 1, 1990.

580.633 All tanks with a capacity less than one thousand liters (260 gallons).

580.64 It shall be unlawful for any person to cause or allow the transfer of gasoline from a stationary tank into a motor vehicle fuel tank except as provided in WAC 173-491. ((580.65 of this section unless the following conditions are met:

580.641 The gasoline station shall be equipped with a certified Stage II vapor recovery system.

580.642 The owner or operator of the gasoline station shall not allow the transfer of gasoline from stationary tanks into motor vehicle fuel tanks unless a certified Stage II vapor recovery system is used.

580.643 All Stage II vapor recovery equipment shall be maintained in accordance with the systems certification requirements and shall be maintained to be leak free, vapor tight, and in good working order.

580.644 Whenever a Stage II vapor recovery system is determined to be defective, the owner or operator shall take the system out of service until it has been repaired, replaced, or adjusted, as necessary.

580.645 The owner or operator of each gasoline station utilizing Stage II vapor controls shall post operating instructions for the system as referenced in WAC 173-491-40 (5),(f).

580.65 The following gasoline stations are exempt from the requirements of 580.64:

580.651 All gasoline stations in existence August 2, 1991 having an annual gasoline throughput less than three million, one hundred and eighty-two thousand liters (840,000 gallons).

580.652 All gasoline stations built after August 2, 1991 with a nominal gasoline storage capacity of thirty-seven thousand nine hundred liters (10,000 gallons) or less.))

passed: February 14, 1990

Amended: April 14, 1993, March 13, 1997

SECTION 580.11 Scope, Registration, Reporting and Notice of Construction

580.111 The owner or operator of a stationary emission source of VOC shall notify the Authority and register the source in compliance with Sections 300, 320, 321, 322, 323, 324.

580.112 The owner or operator of a registered stationary emission source of VOC shall furnish, upon request of the Control Officer, such data as the Agency may require to calculate the emission of the source and evaluate the emission control program; and such other data at times as may be required by the Control Officer. The data shall be supplied not later than (60) sixty days following the request, in a form and according to instructions received from the Control Officer.

580.113 Owners or operators of stationary emission sources of VOC, as defined in Section 580, shall demonstrate compliance with these regulations, using procedures approved by the Control Officer. These procedures shall comply with established EPA/DOE/CARB Reference Testing Methods. Where source sampling is required, procedures shall be used as specified in Section 180 of the NWAPA Regulation.

580.114 The owner or operator of any source of VOC emissions subject to the provisions of Section 580 shall:

580.1141 Install, operate, and maintain, process and/or control equipment, monitoring instruments or procedures as necessary to comply with paragraph 580.113 of this section; provided that use of Monitoring instruments or procedures is required only as specified in EPA/DOE/CARB Documents cited in subsection 580.113.

580.1142 Maintain, in writing, records and/or reports relating to monitoring instruments or procedures which will, upon review, document the compliance status of the VOC emission source or control equipment to the satisfaction of the Control Officer. Reports shall be forwarded to the Control Officer as required by procedures cited in 580.113. For sources subject to 580.6 and 580.7, no records or reports are required.

580.1143 The provisions of the NWAPA Regulation regarding Notices of Construction shall apply to new or altered VOC emission source, and no person shall construct, install, or establish a new or altered VOC emission source except in compliance therewith.

passed: December 13, 1989

Amended: March 13, 1997

580.8 - Petroleum Refinery Equipment Leaks

580.81 This section shall apply to all components (pump seals, compressor seals, pipeline valves and relief valves) handling volatile organic compounds at petroleum refinery process units and loading sites which utilize butane or lighter hydrocarbons as a primary feedstock. The process units shall include alkylation, polymerization, ((and light ends units)) and LPG loading. This section does not apply to systems or facilities in which or to which natural gas or refinery fuel gas are supplied.

580.((83))82 It shall be unlawful to install or operate a sample point at the end of a pipe or line containing VOC unless the pipe or line is sealed with a second suitable closure. Exceptions to this requirement are the ends of a pipe or line connected to pressure relief valves, aspirator vents or other devices specifically required to be open for safety protection. The sealing device shall be removed only when a sample is being taken or during maintenance operations.

580.((82))83 It shall be unlawful for any person to cause or allow the operation of a petroleum refinery unless such person((:)) conducts a fugitive leak detection and repair program for process units specified in 580.81 and 580.82 consistent with the provisions of 40 CFR 60.591-60.593. Where compliance with 40 CFR 60.591-60.593 results in any expansion of a facilities current LDAR program or modification of an existing facility, the date of applicability for the new portion of the program shall be August 31, 1998.

((580.821 Develops and conducts a monitoring program consistent with the provisions of 580.84 of this Section;

580.822 Records all leaking components which have a VOC concentration greater than 10,000 ppm and places a weatherproof tag bearing an identification number and the date the leak was located on each leaking component;

580.823 Corrects and retests the leaking component, as soon as practicable, but not later than fifteen days after the leak is recorded. If a leak continues after all reasonable corrective actions have been taken, then the component shall be repaired or replaced on the next scheduled turnaround;

580.824 Identifies all leaking components that cannot be corrected until the refinery unit is shut down for turnaround.))

((580.84 The owner or operator of a petroleum refinery shall conduct a monitoring program according to EPA reference method 21 and consistent with the following provisions:

580.841 Monitor all pump seals, pipeline valves in liquid service and process drains yearly;

580.842 Monitor all compressor seals, pipeline valves in gaseous service and pressure relief valves in gaseous service quarterly;

580.843 The source may petition the Control Officer to relax the frequency of monitoring from quarterly to annually. The source must show three consecutive quarterly results showing a leak rate of less than two percent for individual process units. If annual monitoring results indicate a leak rate greater than two percent, the source will be required to comply with 580.842.

580.844 Visually monitor all pump seals weekly;

580.845 Monitor any dripping pump seal immediately;

580.846 Visually inspect any relief valve within twenty-four hours after it has vented to the atmosphere; and

580.847 Monitor immediately after repair any component that was found leaking.))

580.((85))84 Pressure relief devices that are connected to an operating flare header, vapor recovery device, inaccessible valves, storage tank valves and valves that are not externally regulated are exempt from the monitoring requirements of this Section.

((580.86 The owner or operator of a petroleum refinery shall maintain a leaking component monitoring log that shall contain, at a minimum, the following:

580.861 The name of the process unit where the component is located;

580.862 The type of component;

580.863 The tag number of the component;

580.864 The date on which a leaking component is discovered;

580.865 The date on which a leaking component is repaired;

580.866 The date and instrument reading of the recheck procedure after a leaking component is repaired;

580.867 A record of the calibration of the monitoring instrument;

580.868 A record of those leaks that cannot be repaired until turnaround;

580.869 The total number of components checked and the total number of components found leaking. Copies of the monitoring log shall be retained for a minimum of two years after the date on which the record was made or the report prepared.))

passed: December 13, 1989

Amended: March 13, 1997

((SECTION 580.12 - Schedule of Compliance Dates

580.121 Section 580 shall become effective throughout the Authority's jurisdictional area upon adoption of this section. All VOC sources shall be in compliance within a reasonable time but no later that the following schedule unless otherwise stated:

Petroleum Refineries December 31, 1993

Gasoline Terminals December 31, 1993

Bulk Gasoline Plants December 31, 1993

Gasoline Stations - Stage I December 31, 1993

Gasoline Stations - Stage II

New or upgraded stations constructed after August 2, 1991 shall comply upon completion of construction.

Stations with an annual gasoline throughput greater than 1.2 million gallons shall comply by no later than May 1, 1994.

Stations with an annual gasoline throughput greater than 840,000 gallons, not previously required to comply shall comply by no later than December 31, 1998.

passed: December 13, 1989

Amended: April 14, 1993))

Reviser's note: The spelling 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.

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.