WSR 98-08-094

PROPOSED RULES

NORTHWEST AIR

POLLUTION AUTHORITY

[Filed April 1, 1998, 9:56 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:

322.21, deleting subsection to remove notification requirement for portable sandblasting operations.

323.15, provides consistency with NWAPA 580.611 and allows registration of new and modified gasoline stations.

501.615, adding subsection to clarify enforceability of outdoor burning permit conditions.

501.75 and 501.76, adding language to clarify Department of Natural Resources definition of "rule burn."

504, amending, adding and deleting subsections to be consistent with state rules and remove outdated information. This section as amended sets controls on agricultural burning, establishes permit conditions, sets a local agency fee for agricultural burning permits and clarifies the definition of incidental agricultural burning.

580.31, amended to make language consistent with NWAPA 580.36.

580.611 and 580.612, amended to provide consistency within the subsections

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: James Randles, 1600 South Second Street, Mount Vernon, WA 98273-5202, (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.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Northwest Air Pollution Authority Hearing Room, 1600 South Second Street, Mount Vernon, WA 98273-5202, on May 14, 1998, at 1:30 p.m

Assistance for Persons with Disabilities: Contact Susan Duffy by April 30, 1998, (360) 428-1617 ext. 200

Submit Written Comments to: FAX (360) 428-1620, by May 13, 1998

Date of Intended Adoption: May 14, 1998

March 30, 1998

James B. Randles

Assistant Control Officer

AMENDATORY SECTION

SECTION 322 - EXEMPTIONS FROM REGISTRATION

((322.21 Portable sandblasting operations provided that the operator notifies the NWAPA at least ten (10) days prior to start-up.))

SECTION 323 - CLASSES OF REGISTRATION

323.15 CLASS G - All gasoline stations installed or reconstructed after January 1, 1990 with a nominal total gasoline storage capacity greater than thirty-eight thousand liters (10,000 gallons) and all gasoline stations with a total annual gasoline throughput greater than one million three hundred ((twenty-five)) sixty-four thousand liters (((350,000)) 360,000 gallons).

AMENDATORY SECTION

SECTION 501 - OUTDOOR BURNING

501.6 OUTDOOR BURNING PROGRAM

501.61 General Requirements.

501.611 All outdoor burning requires a permit as covered in section 501.7.

501.612 Permits shall not be issued, and thus outdoor burning is not allowed, in areas where reasonable alternatives are available.

501.613 No outdoor burning shall be allowed in areas that exceed federal or state ambient air quality standards for fine particulate matter (PM-10) or carbon monoxide. Such areas shall be defined as the entire PM-10 and/or carbon monoxide nonattainment area, unless otherwise determined pursuant to section 506.21 of the regulation.

501.614 A fire protection authority may declare a fire hazard in areas where outdoor burning is banned and in areas where outdoor burning is allowed. If outdoor burning is determined to be the most appropriate manner to abate a fire hazard, the fire protection authority must request from the Authority permission to burn. Permits issued under section 501.614 shall provide that:

501.6141 Prohibited material shall not be burned.

501.6142 Outdoor burning shall not be conducted during a period of impaired air quality.

501.6143 No reasonable alternative is available.

501.6144 No outdoor burning shall be conducted in areas that exceed federal or state ambient air quality standards for Carbon monoxide and/or PM-10. Such areas shall be defined as nonattainment areas for these pollutants.

501.615 Failure to abide by conditions of an Outdoor Burning Permit shall be unlawful.

501.7 OUTDOOR BURNING PERMIT REQUIREMENTS

501.71 All outdoor burning requires a permit. For areas where burning is allowed, the Authority, fire districts or departments, conservation districts, or counties may issue permits. Those issuing permits are responsible for field response to outdoor burning complaints. Ecology will provide guidance for field response programs which addresses funding, training, and staffing.

501.72 In selecting a permit program, the options range from the minimum - a general rule burn, as described below, to a written permit. A permit program must be in place eight months after Ecology provides guidance for the program. If at that time, no agreement has been reached, the area becomes a no-burn area and falls under the restrictions set forth in section 501.62 above. A no-burn area will be established only after a public hearing has been conducted to address the matter.

501.73 Fees. The Authority may charge a fee to cover the administrative cost of a permit program. Fire districts, counties, and conservation districts issuing fire permits may collect fees to cover administrative costs.

501.74 The Authority may apply additional restrictions on outdoor burning as necessary to reduce the impacts from outdoor burning. These restrictions include, but are not limited to, restricting burning in sensitive areas per 173-400 WAC, restricting the time periods for which burning is allowed, limiting permissible hours of burning, restricting burning to specific weather conditions, and imposing requirement for good combustion.

501.75 General Rule Burn Permits. For areas where outdoor burning is allowed, fire permitting agencies may elect to use a general permit by rule. A person burning under a general permit by rule system must meet, at minimum, the following requirements and any additional restrictions including those established by cities, counties, or fire protection authorities. Persons not able to meet all of the requirements of this sections must apply for and receive a written permit. Persons intending to burn by general rule on land subject to the Forest Protection Assessment (RCW 76.04.610) are exempt from this subsection but are regulated by the Washington Department of Natural Resources under WAC 332-24-211.

General rule burn permits under section 501.75 may be used for the following number of days per year:

A person burning under a general rule burn permit must follow the requirements listed in section 501.751 through 501.759 below and any additional restrictions in affect while burning, including those established by cities, counties, fire protection agencies, and the Authority.

501.76 Additional requirements for land clearing burning. The following "best available burning practices" shall be used when land clearing burns are conducted on land not subject to the Forest Protection Assessment (RCW 76.04.610). Land clearing burning conducted on lands subject to the Forest Protection Assessment are regulated by the Washington Department of Natural Resources under WAC 332-24-201.

AMENDATORY SECTION

SECTION 504 - AGRICULTURAL BURNING ((OUTDOOR BURNING - GRASS SEED FIELDS.))

All definitions in Section 200 are fully applicable to Section 503

AG TASK FORCE - Means the agricultural burning practices and research task force.

AGRICULTURAL OPERATION - Means a farm that can substantiate that the operation is commercial agriculture by showing the most recent year's IRS schedule F form or proof that the land is designated in a classification for agricultural use. It also includes activities conducted by irrigation district or drainage district personnel as part of water system management.

AGRICULTURAL LAND - Land that is designated in a classification for agricultural use or land that is used for the operation of commercial agriculture and can be substantiated by the most recent year's IRS schedule F form.

BEST MANAGEMENT PRACTICE - Means the criteria established by the agricultural burning practices and research task force (Ag task force).

FARMER - Means 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.

FIELD GRASSES - Canary grass, brome grass, oat grass, timothy grass, ryegrass, wheat grass, forage grass, and orchard grass planted for seed production.

TURF GRASSES - All blue grasses, fescues, and bent grass and perennial rye grass planted for seed production.

((504.1 It is the policy of the NWAPA in carrying out its responsibilities under Chapter 70.94 RCW to:))

504.1 Purpose. This Section establishes fees and controls for agricultural burning in the NWAPA jurisdiction in order to minimize adverse health effects and environmental impacts, consistent with best management practices and the responsibilities of the NWAPA under WAC 173-430, RCW 70.94.650, 70.94.656, and 70.94.745.

((504.11 Reduce and ultimately eliminate unnecessary agricultural burning through the earliest possible application of practical alternate methods.

504.12 Encourage and assist grass seed producers and processors to conduct or participate in a research and technological program designed to progressively reduce adverse effects on the environment through application of best practicable agricultural practices.

504.13 Discourage any increase in the number of acres being burned during the time period alternate methods are being developed to eliminate agricultural burning by the grass seed industry; and to seek an equitable and effective method of preventing an increase in burning.

504.2 No outdoor burning of field grasses or turf grasses shall be undertaken unless a permit has been obtained from the Authority. The issuance of permits hereunder shall be governed by consideration of air quality conditions in the area where proposed burning is to occur, the time of year, the size and duration of the proposed burning activity, and the applicant's need to carry out such burning as weighed against the public interest in clean air. Permits will be conditioned to minimize air pollution insofar as practical. The Authority may limit the number of acres for which permits to burn will be issued in order to effectively control emissions from this source and to implement the policy expressed in 504.13.))

504.2 Applicability. This Section applies to agricultural burning in all areas of the NWAPA jurisdiction unless specifically exempted. Nothing in Section 504 shall apply to silvicultural burning or open burning.

((504.3 The NWAPA hereby adopts by reference Chapter 18-16 WAC "Burning of Field and Turf Grasses Grown for Seed".))

504.3 Prohibitions. All agricultural burning requires an agricultural burning permit issued by the Authority. No person shall practice or permit the practice of agricultural burning in any of the following circumstances and locations:

504.31 When the applicant is not a farmer with an agricultural operation or a government entity with specific agricultural burning needs, such as irrigation districts, drainage districts, and weed control boards.

504.32 When the materials to be burned include anything other than natural vegetation.

504.33 During a no burn day as declared by the Authority or during an air pollution episode for a defined geographical area.

504.34 When burning causes a nuisance or the Authority determines that a nuisance is likely to result from burning.

504.35 If the applicant is unable to show to the satisfaction of the Authority that burning, as requested, is reasonably necessary to successfully carry out the enterprise in which the applicant in engaged; and constitutes a best management practice; and is necessary because no practical alternative is reasonably available.

504.36 If the burning includes any material other than natural vegetation generated on the property, which is the burning site, or material transported to the burning site by wind or water.

((504.4 Practical alternative production methods and disease controls which would reduce or eliminate outdoor burning shall be utilized as soon as they become available regardless of specific provisions of the compliance program included within this section.))

504.4 General Conditions. Considering population density and local conditions affecting air quality, the Authority shall establish conditions for all permits to minimize air pollution as much as practical. Conditions may include but are not limited to restricting the permissible hours of burning, restricting burning to a defined season, restricting the size of fires, imposing requirements for good combustion practice, and restricting burning to specified weather conditions. Any person who practices or permits the practice of agricultural burning shall, in addition to any specific permit conditions imposed, comply with all of the following conditions:

504.41 Whenever any stage of an air pollution episode or no burn day is declared, all fires shall be extinguished by withholding new fuel as appropriate, and allowing the fire to burn down.

504.42 The fire shall be attended by a person who is responsible for the fire and is capable of extinguishing the fire. The fire must be extinguished before it is left unattended.

504.43 Burning shall occur during daylight hours only, or a more restrictive period as determined by the Authority. No burning is allowed at night except as a best management practice.

504.44 Permission from a landowner, or the owner's designated representative, must be obtained before starting the fire.

504.45 The responsible person shall notify the local fire district prior to igniting a fire. Compliance with all fire safety regulations of the local fire protection agency, including any no-burn directives they may issue, is required.

504.46 If it becomes apparent at any time to the Authority that limitations must be imposed to reduce smoke and prevent air pollution and/or protect property and the health, safety, and comfort of persons from the effects of burning, the Authority shall notify the permittee or responsible person and any limitation so imposed shall become a condition under which the permit is issued.

504.47 Burning only natural vegetation.

504.48 Burning when wind takes smoke away from roads, homes population centers, or other public areas, to the greatest extent possible.

504.49 No burning during adverse meteorological conditions.

((504.5 Mobile field burners and other methods of incineration, not classified as outdoor burning, shall not be prohibited by the above restrictions, providing emissions do not exceed the following standards:))

504.5 Administrative requirements.

((504.51 Visible emissions shall not exceed an opacity of 20% for more than three (3) minutes in any one hour;))

504.51 All agricultural burning permits require a fee. This fee shall not exceed the level determined by the agricultural burning practices and research task force, pursuant to Chapter 70.94.650 RCW.

((504.52 Particulate emissions shall not exceed 0.1 grains per standard cubic foot of exhaust gas corrected to 7% oxygen at standard conditions, dry.))

504.52 The fee shall be the greater of:

504.521 A minimum fee of twenty-five dollars per year per farm which shall be used as follows: Twelve dollars and fifty cents of which goes to the agricultural burning research fund, and the remaining twelve dollars and fifty cents will be kept by the Authority to cover the costs of administering and enforcing this regulation; or

504.522 A variable fee based on the acreage or equivalent of agricultural burning which will be used as follows: Up to one dollar per acre for applied research, twenty-five cents per acre for ecology administration and one dollar and twenty-five cents per acre for local permit program administration.

504.53 The Authority shall act on a complete permit application within seven days from the date such complete application is filed.

((504.6 Nothing herein shall relieve any applicant for a permit hereunder from obtaining permits, licenses or approvals required by any other laws, regulations, or ordinances.))

504.6 Exemptions. Burning that is incidental to commercial agricultural activities shall be allowed without applying for any permit and without the payment of any fee if all of the following conditions are met:

504.61 The operator notifies the local fire department within the area where the burning is to be conducted;

504.62 The burning does not occur during a no burn day, or any stage of impaired air quality declared under RCW 70.94.715; and

504.63 Only the following items are burned: orchard prunings, organic debris along fence lines or irrigation or drainage ditches, or organic debris blown by wind.

504.64 Standing vegetation to be burned is one acre or less in size. This exempt acre (or less) may be burned in addition to that acreage included in fence lines or irrigation or drainage ditches.

504.7 Grass Seed Field Burning. This subsection establishes additional conditions for issuance of permits for burning of turf grass fields and field and forage grass fields, and to implement restrictions upon grass field burning consistent with the provisions of RCW 70.94.650, 70.94.656, 70.94.745 and WAC 173-430. The control strategies include the following:

504.71 Until approved alternate burning practices for grass seed fields become available, the Authority may limit the number of acres on a pro rata basis among those affected for which permits to burn will be issued in order to effectively control emissions from this source.

504.72 Approved alternate methods of burning turf, field, and forage grass seed fields shall be utilized as soon as they become available.

504.8 Other laws. Nothing herein shall relieve any applicant for a permit hereunder from obtaining any permits, licenses, or other approvals required by any other laws, regulations, or ordinances. The farmer must also honor other agreements entered into with any federal, state, or local agency.

AMENDATORY SECTION

SECTION 580 - VOLATILE ORGANIC COMPOUND CONTROL

580.3 High Vapor Pressure Volatile Organic Compound Storage Tanks

580.31 This section shall apply to all tanks except as noted in Section 580.35 and 580.36 of this section which store volatile organic compounds with a true vapor pressure as stored greater than 10.5 kilopascals (Kpa) 1.5 pounds per square inch (psia), but less than 77.7 Kpa (11.1 psia) at actual monthly average storage temperatures and have a capacity greater than one hundred fifty thousand liters (40,000 gallons).

SECTION 580.6 - Gasoline Stations

Section 580.62 shall apply to:

580.611 All gasoline stations ((in existence on January 1, 1990)) with a total annual gasoline ((output)) throughput 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 with a nominal total gasoline storage capacity greater than thirty-eight thousand liters (10,000).

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

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