WSR 98-06-087

PROPOSED RULES

PUGET SOUND AIR

POLLUTION CONTROL AGENCY

[Filed March 4, 1998, 10:14 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Amend Regulation I, Sections 9.03, 9.09, 12.01, and 12.03; adopt Regulation I, Section 9.04; and rescind Regulation I, Sections 12.02 and 12.04.

Purpose: To more clearly define compliance for sources that are required to have continuous emission monitors.

Other Identifying Information: Article 9 pertains to Emission Standards and Article 12 pertains to Standards of Performance for Continuous Emission Monitoring Systems.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: This proposal changes the procedural requirements for sources that are required to have continuous emission monitoring in order to more clearly define compliance.

Reasons Supporting Proposal: The procedural requirements for sources required to have continuous emission monitors needs to be clarified.

Name of Agency Personnel Responsible for Drafting: Jay Willenberg, 110 Union Street #500, Seattle, WA 98101, (206) 689-4052; Implementation: Dave Kircher, 110 Union Street #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street #500, Seattle, WA 98101, (206) 689-4078.

Name of Proponent: Puget Sound Air Pollution Control Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments; and the agency is also proposing to change the penalty policy and the proposed changes are available for review and comment on our web page at www.psapca.org/whtsnew.htm.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal will clarify the procedural requirements for sources that are required to have continuous emission monitoring.

Proposal Changes the Following Existing Rules: The requirements for continuous emission monitoring will be clarified.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Puget Sound Air Pollution Control Agency Offices, 110 Union Street #500, Seattle, WA 98101, on April 9, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by April 2, 1998, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Air Pollution Control Agency, 110 Union Street #500, Seattle, WA 98101, FAX (206) 343-7522, by March 30, 1998.

Date of Intended Adoption: April 9, 1998.

March 3, 1998

J. M. Willenberg

Senior Engineer

AMENDATORY SECTION

REGULATION I SECTION 9.03 EMISSION OF AIR CONTAMINANT: VISUAL STANDARD

(a) It shall be unlawful for any person to cause or allow the emission of any air contaminant for a period or periods aggregating more than 3 minutes in any 1 hour, which is:

(1) Darker in shade than that designated as No. 1 (20% density) on the Ringelmann Chart, as published by the United States Bureau of Mines; or

(2) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in Section 9.03 (a)(1).

(b) The density or opacity of an air contaminant shall be measured at the point of its emission, except when the point of emission cannot be readily observed, it may be measured at an observable point of the plume nearest the point of emission.

(c) This section shall not apply when the presence of uncombined water is the only reason for the failure of the emission to meet the requirements of this section.

(d) This section shall not apply to solid fuel burning devices, permitted fire training facilities, motor vehicles when operated on public roads, or aircraft.

(e) Section 9.03(a) shall not apply to any source ((which meets the requirements of Section 9.09(c))) that has obtained a General Regulatory Order under Section 3.03 or an Order of Approval for a Notice of Construction under Section 6.07 that correlates the particulate matter concentration with opacity such that any violation of the alternate opacity standard accurately indicates a violation of the applicable emission standards of Section 9.09(a).

NEW SECTION

REGULATION I SECTION 9.04 CONTINUOUS OPACITY MONITORING SYSTEMS

(a) Applicability. This section shall apply to all equipment required to be equipped with a continuous emission monitoring system for opacity.

(b) The following equipment shall be equipped with a continuous emission monitoring system for opacity:

(1) Cement kilns;

(2) Clinker coolers;

(3) Glass furnaces, rated at greater than 1 ton per hour, that burn fuel;

(4) Fuel burning equipment, rated at 100 million Btu per hour or greater, that burns wood, coal, or residual oil; and

(5) Refuse burning equipment rated at greater than 12 tons per day.

(c) It shall be unlawful for any person to cause or allow the emission of any air contaminant from any equipment subject to this section during any hour that:

(1) Averages greater than 5% opacity; or

(2) Contains any consecutive 6-minute period averaging greater than 20% opacity.

(d) Section 9.04 (c)(1) shall not apply to:

(1) Glass furnaces that are tested annually for compliance with the applicable particulate emission standard in Section 9.09 of this Regulation; or

(2) Equipment with an alternate opacity standard in an Order of Approval that is based upon a correlation with the particulate concentration and that accurately indicates a violation of the applicable particulate emission standard in Section 9.09 of this Regulation.

(e) This section shall not apply to sources controlled by a Venturi scrubber, provided that:

(1) The source is tested annually for compliance with the applicable particulate emission standard in Section 9.09 of this Regulation;

(2) The pressure drop across the scrubber is continuously monitored and recorded; and

(3) The scrubbing liquid flow rate and temperature are continuously monitored and recorded.

(f) This section shall not apply to fuel burning equipment that burns residual oil less than 31 days per year, provided that the source implements an alternate opacity monitoring plan under a General Regulatory Order issued under Section 3.03 of this Regulation or a Notice of Construction Order of Approval issued under Section 6.07 of this Regulation.

AMENDATORY SECTION

REGULATION I SECTION 9.09 PARTICULATE MATTER EMISSION STANDARDS

(((a))) It shall be unlawful for any person to cause or allow the emission of particulate matter in excess of the following concentrations:

Refuse Burning Equipment:

1. Rated at 12 tons per day or less

without heat recovery and without

hydrochloric acid control equipment 0.10 gr/dscf @ 7% O₂

2. Rated at 12 tons per day or less

without heat recovery and with

hydrochloric acid control equipment 0.05 gr/dscf @ 7% O₂

3. Rated at 12 tons per day or less

with heat recovery 0.02 gr/dscf @ 7% O₂

4. Rated at greater than 12 tons

per day 0.01 gr/dscf @ 7% O₂

Fuel Burning Equipment:

1. Burning wood 0.20 gr/dscf @ 7% O₂

2. Burning wood and installed after

March 13, 1968 or located within

the urbanized area 0.10 gr/dscf @ 7% O₂

3. Burning wood, rated at 100 million

Btu per hour or greater, and located

within the urbanized area 0.04 gr/dscf @ 7% O₂

4. Burning wood and installed after

March 1, 1986 0.02 gr/dscf @ 7% O₂

5. Burning fuel other than wood 0.05 gr/dscf @ 7% O₂

6. Burning coal or other solid

fossil fuel and installed after

March 1, 1986 0.01 gr/dscf @ 7% O₂

Equipment Used in a Manufacturing

Process: 0.05 gr/dscf

(((b) It shall be unlawful for any person to cause or allow the emission of any air contaminant (as determined by a continuous emission monitoring system) that is:

(1) Greater than 20% opacity for a period or periods aggregating more than 3 minutes in any 1 hour; or

(2) Greater than 5% opacity for a 1-hour average.

(c) The provisions of Section 9.09 (b)(2) shall not apply to any source that has obtained an Order of Approval for a Notice of Construction that correlates the particulate matter concentration with opacity such that any violation of the alternate opacity standard accurately indicates a violation of the applicable emission standard of Section 9.09(a).

(d) The provisions of Section 9.09 (b)(2) shall not apply to any glass furnace that annually tests for compliance with the applicable emission standard of Section 9.09(a).))

AMENDATORY SECTION

REGULATION I SECTION 12.01 APPLICABILITY ((INTRODUCTION))

((Section 12.02 requires the continuous monitoring and periodic source testing of particulate matter emitted from certain sources which could have a substantial impact on the maintenance of ambient air quality standards for particulate matter. It also requires continuous emission or operation monitors for certain new sources. Nothing in Section 12.02 shall be construed to limit the Control Officer's authority to require continuous monitoring or source testing pursuant to Articles 3 or 6 of this Regulation.

Sections 12.03 and 12.04 establish the design specifications, performance specifications, performance test procedures, quality assurance requirements, and data storage and reporting requirements for all continuous emission monitoring (CEM) systems.

A CEM system will be considered inoperative until it has been certified as meeting the EPA or Agency performance specifications using instrumental performance test procedures of 40 CFR Part 60, Appendix B, or those approved by the Agency. The Agency must be advised in writing at least 2 weeks prior to performance specification testing and provided the opportunity to observe and participate in all testing. The Agency reserves the right to require an approved test plan prior to any performance specification testing and to audit a CEM system at any time to determine if it meets the performance specifications.))

This article shall apply to all continuous emission monitoring systems (CEMS) required under an order, operating permit, or regulation of the Agency. This article shall not be construed to relieve anyone of the responsibility to comply with any requirement of 40 CFR Parts 60, 61, and 63.

REPEALER

REGULATION I SECTION 12.02 CONTINUOUS EMISSION MONITORING REQUIREMENTS

AMENDATORY SECTION

REGULATION I SECTION 12.03 CONTINUOUS EMISSION MONITORING SYSTEMS ((QUALITY ASSURANCE REQUIREMENTS))

(((a) All continuous monitors shall meet the performance specifications contained in 40 CFR Part 60, Appendix B. Where there is no EPA performance specification the monitor shall meet a performance specification established by the Agency.

(b) All temperature monitors shall be accurate within 5F.

(c) All devices for monitoring pressure loss through a scrubber shall be accurate within 1 inch of water.

(d) All devices for monitoring scrubber liquid supply rate shall be accurate within 5% of the design scrubbing liquid supply rate.

(e) All gaseous continuous emission monitors shall be maintained in accordance with the requirements of 40 CFR Part 60, Appendix F, or alternate requirements approved by the Agency.

(f) All continuous opacity monitors shall be maintained in accordance with the EPA "Recommended Quality Assurance Procedures for Opacity Continuous Emission Monitoring Systems" (EPA 340/1-86-010).

(g) All temperature, scrubber pressure drop and scrubber liquid supply rate monitors shall be maintained in accordance with the manufacturer's recommendations.

(h) Continuous monitoring data shall be considered invalid if any of the following conditions occur:

(1) The monitor is not operated in accordance with the requirements of Sections 12.03 (a) through (g).

(2) The monitor is being zeroed, spanned, or is otherwise inoperative.

(3) An hour contains less than 75% valid data readings.

(4) A day contains less than 90% valid hours when the source is in operation.))

(a) Continuous Monitoring. It shall be unlawful for any person to cause or allow the operation of any equipment required to have a continuous emission monitoring system unless the emissions are continuously monitored in accordance with the requirements of this section.

(b) Data Recovery. The owner or operator shall recover valid hourly monitoring data for at least 95% of the hours that the equipment (required to be monitored) is operated during each calendar month and for any additional hours during which the monitored equipment operates and the monitoring system is capable of recovering valid data, and at all other times except for:

(1) Periods of monitoring system breakdown, provided that the owner or operator demonstrates to the Control Officer that the breakdown was not a result of inadequate design, operation, or maintenance, or any other reasonably preventable condition, and any necessary repairs to the monitoring system are conducted in a timely manner;

(2) Other periods where the Control Officer has approved an alternate monitoring method in an order approved under Article 3, Article 6, or Article 7 of Regulation I.

(c) Quality Assurance. The owner or operator shall install a continuous emission monitoring system that meets the performance specification in 40 CFR Part 60, Appendix B in effect at the time of its installation, and shall operate this monitoring system in accordance with the current quality assurance procedures in Appendix F of 40 CFR Part 60 and the U.S. Environmental Protection Agency's "Recommended Quality Assurance Procedures for Opacity Continuous Monitoring Systems" (EPA 340/1-86-010).

(d) Data Recording. Monitoring data commencing on the clock hour and containing at least 45 minutes of monitoring data shall be reduced to 1-hour averages. Monitoring data for opacity shall also be reduced to 6-minute averages. All monitoring data shall be included in these averages except for data collected during calibration drift tests and cylinder gas audits, and for data collected subsequent to a failed quality assurance test or audit.

(e) Data Retention: The owner or operator shall retain all monitoring data averages for at least 2 years, including copies of all reports submitted to the Agency and records of all repairs, adjustments, and maintenance performed on the monitoring system. All such data collected after October 1, 1998 shall be retained for at least 5 years.

(f) Data Reporting. The owner or operator shall submit a monthly report to the Agency within 30 days after the end of the month in which the data were recorded. This report shall include:

(1) The date, time period, magnitude (in the units of the standard) and cause of each emission that exceeded an applicable emission standard;

(2) The date and time of all actions taken to correct the problem, including any actions taken to minimize the emissions during the exceedance and any actions taken to prevent its recurrence;

(3) The number of hours that the equipment (required to be monitored) operated each month and the number of valid hours of monitoring data that the monitoring system recovered each month;

(4) The date, time period, and cause of each failure to meet the data recovery requirements of Section 12.03(b) and any actions taken to ensure adequate collection of such data in the future;

(5) The date, time period, and cause of each failure to recover valid hourly monitoring data for at least 90% of the hours that the equipment (required to be monitored) was operated each day and any actions that the owner or operator will take to ensure collection of such data in the future.

(6) The results of all cylinder gas audits conducted during the month; and

(7) A certification signed by the person responsible for the report's accuracy.

(g) Relative Accuracy Tests. All relative accuracy tests shall be subject to the provisions of Section 3.07 of this Regulation.

(h) Exemptions. The data recording and reporting requirements of Sections 12.03(d) and 12.03(f) shall not apply to continuous VOC monitoring systems required under Section 2.05 of Regulation II. Further, relative accuracy tests shall not be required of these monitoring systems and may be waived for any other monitoring system not otherwise subject to 40 CFR Part 60, Appendix F, provided that the owner or operator demonstrates to the Control Officer that the emissions are consistently below 10% of the applicable emission standard.

REPEALER