WSR 98-09-097



[Order 98-02--Filed April 22, 1998, 9:55 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-06-090.

Title of Rule: MSW landfill emission guidelines and new source performance standards, chapter 173-400 WAC.

Purpose: The purpose of the rule is to authorize state implementation of EPA's MSW (municipal solid waste) landfill emission guidelines of 40 CFR 60 subpart Cc. This authority is a required element of the "state plan" for implementing the EPA emission guidelines, as mandated by 40 CFR 60.23. The rule would also incorporate the MSW landfill NSPS, 40 CFR 60 subpart WWW.

Other Identifying Information: To amend WAC 173-400-173.

Statutory Authority for Adoption: RCW 70.94.785 Plans approved pursuant to federal Clean Air Act--Enforcement authority.

Statute Being Implemented: RCW 70.94.510 Policy to cooperate with federal government.

Summary: This paragraph proposes incorporation of the EPA rules for newer MSW landfills, and except as to Title V, treat older ones as newer ones.

Reasons Supporting Proposal: The rule would regulate the same activity or subject matter as a federal requirement. Without a state implementation, the federal requirement would be implemented through a federal implementation plan. This rule would not substantively differ from the federal requirement. This rule adopts or incorporates by reference without material change the federal Clean Air Act and United States EPA regulations, and the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Name of Agency Personnel Responsible for Drafting: Steve Cross, 300 Desmond Drive, Lacey, (360) 407-6875; Implementation and Enforcement: Local air authorities.

Name of Proponent: Steve Cross, Washington Department of Ecology Air Quality Program, governmental.

Rule is necessary because of federal law, federal Clean Air Act, 111(d), 40 CFR 60.23.

Explanation of Rule, its Purpose, and Anticipated Effects: There is no federal rule that applies EPA's emission guidelines to "existing" MSW landfills. 40 CFR 60.23 mandates that ecology submit a "state plan" to implement EPA's emission guidelines. The state plan must include a statement of state authority to carry out various aspects of the plan. If the state does not submit a plan to implement the guidelines, then EPA will impose a federal plan on the affected facilities.

There is a federal rule that applies to "new" MSW landfills, 40 CFR 60 subpart WWW. Incorporation of the federal rule into a state rule would authorize state authorities to administer the rule. It is also necessary to streamline the authority element of the "state plan" for implementing the EPA emission guidelines for "existing" MSW landfills.

Proposal Changes the Following Existing Rules: Section 111(d) of the federal Clean Air Act amendments of 1990 required EPA to establish a procedure for each state to submit a plan to establish, implement, and enforce standards of performance for nonnew NSPS sources. EPA promulgated this general requirement at 40 CFR 60 subpart B. EPA promulgated MSW landfill NSPS and emission standards in 1996, and the state plan to implement the emission guidelines for existing sources was due nine months later. EPA extended the deadline to the 31st day in the month of March of the year 1998.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule would impose no greater small business economic impacts than would otherwise be imposed under federal administration of the subject.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The proposed rule amendment would adopt or incorporate by reference without material change a federal regulation, and the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Hearing Location: Puget Sound Air Pollution Control Agency, 110 Union Street, Suite 500, Seattle, WA, on May 26, 1998, at 13:00.

Assistance for Persons with Disabilities: Contact Pat Norman, TDD (360) 407-6841, or (360) 407-6841.

Submit Written Comments to: Steve Cross, P.O. Box 47600, Olympia, WA 98504-7600, by June 2, 1998.

Date of Intended Adoption: July 6, 1998.

March 30, 1998

Daniel Silver

Deputy Director


AMENDATORY SECTION (Amending Order 94-35, filed 9/13/96, effective 10/14/96)

WAC 173-400-115  Standards of performance for new sources. Title 40, Code of Federal Regulations, Part 60 (standards of performance for new sources), as in effect on January 1, 1993, is adopted by reference except for sections 60.5 (determination of construction or modification) and 60.6 (review of plans). The term "administrator" in 40 CFR Part 60 shall mean both the administrator of EPA and the director of ecology.

Title 40, Code of Federal Regulations, Part 60, subpart WWW (40 CFR 60.750 et seq.) Standards of Performance for Municipal Solid Waste Landfills, as in effect on 7-1-97 is adopted by reference.

Municipal solid waste landfills that are designated facilities of 40 CFR subpart Cc (40 CFR 60.30c, et seq.), and that meet the three criteria of 40 CFR 60.33c(a), shall be subject to the provisions of 40 CFR Part 60 subpart WWW, except for the provisions relating to the applicability of 40 CFR Part 70.

As of January 1, 1993, the federal regulations adopted by reference hereby set standards of performance affecting facilities for the following described subparts of 40 CFR Part 60:

Subpart D Fossil fuel fired steam generators for which construction commenced after August 17, 1971, and prior to September 19, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts
Subpart Da Electric utility steam generating units for which construction commenced after September 18, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts
Subpart Db Industrial-commercial-institutional steam generating units for which construction commenced after June 19, 1984, and prior to June 19, 1986, which have a heat input greater than 29 megawatts but less than 73 megawatts
Subpart Dc Small industrial-commercial-institutional steam generating units
Subpart E Incinerators
Subpart Ea Municipal waste combustors
Subpart F Portland cement plants
Subpart G Nitric acid plants
Subpart H Sulfuric acid plants
Subpart I Asphalt concrete plants
Subpart J Petroleum refineries which produce less than 25,000 barrels per day of refined products
Subpart K Storage vessels for petroleum liquid constructed after June 11, 1973, and prior to May 19, 1978, which have a capacity greater than 40,000 gallons
Subpart Ka Storage vessels for petroleum liquids constructed after May 18, 1978, which have a capacity greater than 40,000 gallons
Subpart Kb Volatile organic liquid storage vessels (including petroleum liquid storage vessels) constructed, reconstructed, or modified after July 23, 1984
Subpart L Secondary lead smelters
Subpart M Brass and bronze ingot production plants
Subpart N Iron and steel plants
Subpart Na Secondary emissions from basic oxygen process steel making facilities
Subpart O Sewage treatment plants
Subpart P Primary copper smelters
Subpart Q Primary zinc smelters
Subpart R Primary lead smelters
Subpart S Primary aluminum reduction plants
Subpart T Phosphate fertilizer industry: Wet process phosphoric acid plants
Subpart U Phosphate fertilizer industry: Superphosphoric acid plants
Subpart V Phosphate fertilizer industry: Diammonium phosphate plants
Subpart W Phosphate fertilizer industry: Triple superphosphate plants
Subpart X Phosphate fertilizer industry: Granular triple superphosphate storage facilities
Subpart Y Coal preparation plants
Subpart Z Ferroalloy production facilities
Subpart AA Steel plants: Electric arc furnaces
Subpart AAa Steel plants: Electric arc furnaces and argon-oxygen decarburization vessels
Subpart BB Kraft pulp mills
Subpart CC Glass manufacturing plants
Subpart DD Grain elevators
Subpart EE Industrial surface coating: Metal furniture
Subpart GG Stationary gas turbines
Subpart HH Lime manufacturing plants
Subpart KK Lead-acid battery plants
Subpart LL Metallic mineral processing plants
Subpart MM Automobile and light duty truck surface coating operations
Subpart NN Phosphate rock plants
Subpart PP Ammonium sulfate manufacture
Subpart QQ Publication rotogravure printing
Subpart RR Pressure sensitive tape and label surface coating operations
Subpart SS Industrial surface coating: Large appliances
Subpart TT Industrial surface coating: Metal coils
Subpart UU Asphalt processing and asphalt roofing manufacture
Subpart VV SOCMI equipment leaks (VOC)
Subpart WW Beverage can surface coating operations
Subpart XX Bulk gasoline terminals
Subpart AAA New residential wood heaters
Subpart BBB Rubber tire manufacturing industry
Subpart DDD VOC emissions from the polymer manufacturing industry
Subpart FFF Flexible vinyl and urethane coating and printing
Subpart GGG Petroleum refineries - compressors and fugitive emission sources
Subpart HHH Synthetic fiber production facilities
Subpart III VOC emissions from SOCMI air oxidation unit processes
Subpart JJJ Petroleum dry cleaners
Subpart KKK Equipment leaks of VOC from onshore natural gas processing plants
Subpart LLL Onshore natural gas processing; SO2 emissions
Subpart NNN VOC emissions from SOCMI distillation operations
Subpart PPP Wool fiberglass insulation manufacturing plants
Subpart QQQ VOC emissions from petroleum refinery wastewater emissions
Subpart RRR VOC emissions from synthetic organic chemical manufacturing industry
Subpart SSS Magnetic tape coating facilities
Subpart TTT Industrial surface coating: Surface coating of plastic parts for business machines
Subpart UUU Calciners and dryers in mineral industries
Subpart VVV Polymeric coating of supporting substrates facilities

Note: For fossil fuel fired steam generators referenced by Subpart D and Da above, units greater than 250 megawatts are governed by the energy facility site evaluation council (EFSEC) in Title 463 WAC.

[Statutory Authority: Chapter 70.94 RCW. 96-19-054 (Order 94-35), 173-400-115, filed 9/13/96, effective 10/14/96; 93-05-044 (Order 92-34), 173-400-115, filed 2/17/93, effective 3/20/93; 91-05-064 (Order 90-06), 173-400-115, filed 2/19/91, effective 3/22/91. Statutory Authority: RCW 70.94.331, 70.94.395 and 70.94.510. 85-06-046 (Order 84-48), 173-400-115, filed 3/6/85. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), 173-400-115, filed 4/15/83; 82-16-019 (Order DE 82-20), 173-400-115, filed 7/27/82. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), 173-400-115, filed 8/20/80. Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 (Order DE 78-21), 173-400-115, filed 5/8/79; Order DE 76-38, 173-400-115, filed 12/21/76. Formerly WAC 18-04-115.]

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