WSR 98-18-089

PROPOSED RULES

PUGET SOUND AIR

POLLUTION CONTROL AGENCY

[Filed September 2, 1998, 9:34 a.m.]

Original Notice.

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

Title of Rule: Amend Regulation I, Sections 1.03 and 1.07; and adopt Regulation I, Section 13.02.

Purpose: Technical changes to clarify, update, move definitions closer to where they are used, and remove redundant or otherwise unnecessary definitions.

Other Identifying Information: Section 1.03 pertains to Name of Agency; Section 1.07 pertains to Definitions; and Section 13.02 pertains to Definitions.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: Technical changes to clarify and update Regulation I, Section 1.03; clarify the definitions in Regulation I, Section 1.07; and move relevant definitions to Regulation I, Section 13.02.

Reasons Supporting Proposal: Some definitions are redundant or otherwise unnecessary, some are inconsistent with Title 173 WAC and chapter 70.94 RCW, and others are not conveniently located for the reader.

Name of Agency Personnel Responsible for Drafting: Gerry Pade, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4065; 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.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These are technical amendments for clarification. This proposal will incorporate some definitions into the sections where they are used and delete redundant or unnecessary definitions. Some definitions will also be made consistent with Title 173 WAC and chapter 70.94 RCW.

Proposal does not change existing rules.

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 October 8, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by October 1, 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 September 28, 1998.

Date of Intended Adoption: October 8, 1998.

August 31, 1998

Gerald Pade

Engineer II

AMENDATORY SECTION

REGULATION I SECTION 1.03 NAME OF AGENCY

The name of the multicounty Air Pollution Control Agency comprised of the activated or inactivated air pollution control authorities of King County, Kitsap County, Pierce County, Snohomish County and such other counties whose air pollution control authorities may now or later merge with this multicounty authority shall be known and cited as the "Puget Sound Air Pollution Control Agency" or "PSAPCA".

AMENDATORY SECTION

REGULATION I SECTION 1.07 DEFINITIONS

When used herein:

(((a) acceptable source impact level (ASIL) means a concentration of a toxic air contaminant in the outdoor atmosphere in any area that does not have restricted or controlled public access that is used to evaluate the air quality impacts of a single source. There are three types of acceptable source impact levels: risk-based, threshold-based, and special. Concentrations for these three types of ASILs are established by the Board after public hearing and are listed in Appendix A of Regulation III.))

(b) actual emissions means the average rate at which the source actually emitted air contaminants during the 2-year period preceding a specific date, and which is representative of normal source operations. To account for unusual circumstances such as strikes, the Control Officer may approve or require the use of another time period that is more representative of normal operations than is the immediately preceding 2-year period.

(((c) adequate source of heat means the ability to maintain 70F at a point 3 feet above the floor in all normally inhabited areas of a dwelling.))

(d) agency means the Puget Sound Air Pollution Control Agency.

(e) air contaminant means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.

(f) air pollution means the presence 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 interferes with enjoyment of life and property. Air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW, the Washington Pesticide Application Act, which regulates the application and control of the use of various pesticides.

(((g) air pollution episode means a period when a forecast, alert, warning, or emergency air pollution stage is declared by the Department of Ecology pursuant to RCW 70.94.715.))

(h) allowable emissions means the emission rate calculated using the maximum rated capacity of the source (unless the source is subject to a federally enforceable permit that limits the operating rate, or hours of operation, or both) and the most stringent of the following:

(1) Any applicable standard under 40 CFR Parts 60, 61, and 63;

(2) Any applicable emission standard under Regulation I, II, or III;

(3) Any applicable State Implementation Plan emission standard, including those with a future compliance date; or

(4) Any applicable emission standard specified in an Order of Approval or operating permit, including those with a future compliance date.

(i) ambient air means the portion of the atmosphere, external to buildings, to which the general public has access.

(((j) ambient air quality standard means an established concentration, exposure time, and frequency of occurrence of an air contaminant in the ambient air that shall not be exceeded.))

(k) best available control technology means technology that will result in an emission standard, including a visible emission standard, based on the maximum degree of reduction which the Agency, 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 Agency 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.

(l) board means the Board of Directors of the Puget Sound Air Pollution Control Agency.

(m) commenced construction means that the owner or operator has all the necessary preconstruction approvals or permits and either has begun, or has caused to begin, a continuous program of actual on-site construction of the source or has entered into binding agreements or contractual obligations to undertake construction of the source which cannot be canceled or modified without substantial loss to the owner or operator.

(n) combustible refuse means solid or liquid combustible waste material.

(o) control equipment means any device which prevents or controls the emission of any air contaminant.

(p) control officer means the Air Pollution Control Officer of the Puget Sound Air Pollution Control Agency.

(q) emission means a direct or indirect release of any air contaminant into the ambient air.

(r) emission standard means a requirement established under the Federal Clean Air Act (FCAA) or chapter 70.94 RCW that limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice, or operational standard promulgated under the FCAA or chapter 70.94 RCW.

(s) equipment means any stationary or portable device or any part thereof that emits or may emit any air contaminant into the atmosphere.

(t) facility means the sum total of all of the pollutant emitting activities that belong to the same industrial grouping (as defined by major groups in the Standard Industrial Classification Manual, NTIS Order No. PB 87-100012), are located on one or more contiguous or adjacent properties, and are owned or operated by the same person or persons under common control.

(((u) first stage of impaired air quality means a condition declared by the Control Officer when particulates 10 microns and smaller in diameter are at an ambient level of 75 micrograms per cubic meter measured on a 24-hour average or when carbon monoxide is at an ambient level of 8 parts of contaminant per million parts of air by volume measured on an 8-hour average.))

(v) fuel burning equipment means equipment that produces hot air, hot water, steam, or other heated fluids by external combustion of fuel.

(w) fugitive dust means particulate matter or any visible air contaminant other than uncombined water that is not collected by a capture system and emitted from a stack, but is released to the atmosphere at the point of generation.

(x) fugitive emission means an emission that does not pass and that could not reasonably pass through a stack, chimney, or other functionally equivalent opening.

(y) gasoline means a volatile organic compound having a true vapor pressure greater than 1.5 pounds per square inch (10.3 kPa) at 68F (20C), that is a liquid at ((standard conditions)) a temperature of 68F (20C) and a barometric pressure of 29.92 inches of mercury (101.325 kPa), and is used as a fuel for internal combustion engines.

(z) gasoline station means any site dispensing gasoline into fuel tanks of motor vehicles, marine vessels, or aircraft from stationary storage tanks.

(((aa) incinerator means a furnace for the destruction of waste.))

(bb) installation means the placement, assemblage, or construction of equipment or control equipment at the premises where the equipment or control equipment will be used, and includes all preparatory work at such premises.

(cc) lowest achievable emission rate means that rate of emissions that reflects either the most stringent emission standard that is contained in the implementation plan of any state for such class or category of source unless the owner or operator of the proposed source demonstrates that such emission standards are not achievable, or the most stringent emission standard that is achieved in practice by such class or category of source, whichever is more stringent.

(dd) major modification means a modification of a major source that would increase the actual emissions of any air contaminant for which the area is designated nonattainment by more than the following:

In determining whether the thresholds defining a major modification have been exceeded, the emissions permitted under Orders of Approval issued to the facility since the designation of nonattainment that were not major modifications, and all fugitive emission increases that can be reasonably quantified shall be included. Any emission reduction credits banked by the facility since the designation of nonattainment may be subtracted from this amount provided that any credits so applied are then considered to have been used. For modifications of an individual piece of equipment, the baseline shall be the source's actual emissions or allowable emissions, whichever is smaller. (Note: volatile organic compounds and nitrogen oxides are the air contaminants for which an area is designated nonattainment for ozone.)

(ee) major source means a facility that emits or has the potential to emit 100 tons per year or more of any air contaminant subject to regulation under the federal Clean Air Act. In determining whether the threshold defining a major source has been exceeded all fugitive emissions that can be reasonably quantified shall be included. Any emission reduction credits banked by the facility may be subtracted from this amount provided that any credits so applied are then considered to have been used.

(ff) modification means any physical change in, or change in the method of operation of, a source, except an increase in the hours of operation or production rates (not otherwise prohibited) or the use of an alternative fuel or raw material that the source is approved to use under an Order of Approval or operating permit, that increases the amount of any air contaminant emitted or that results in the emission of any air contaminant not previously emitted.

(gg) motor vehicle means any operating vehicle or one capable of being operated that has its own self-contained sources of motive power, is designed for the transportation of people or property, and is of the type for which a license is required for operation on a highway.

(hh) multiple chamber incinerator means a furnace for the destruction of waste consisting of three or more refractory-lined combustion chambers in series, physically separated by refractory walls, interconnected by gas passage ports or ducts, and employing adequate design parameters necessary for maximum combustion of the material to be burned.

(ii) nonattainment area means a geographic area designated by the United States Environmental Protection Agency that violates a primary or secondary national ambient air quality standard.

(((jj) outdoor fire means the combustion of material in the open or in a container with no provision for control of such combustion or the control of the emissions of the combustion products.))

(kk) owner or operator means the person who owns, leases, supervises, or operates the equipment or control equipment.

(ll) particulate matter means any material, except water in an uncombined form, that is, has been, or is likely to become airborne and exists as a liquid or a solid at ((standard conditions)) a temperature of 68F (20C) and a barometric pressure of 29.92 inches of mercury (101.325 kPa).

(mm) person means and includes any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or governmental agency.

(nn) pm₁₀ means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J of 40 CFR Part 50 and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.

(oo) potential to emit means the maximum capacity of a facility to emit an air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of the facility to emit an air contaminant, including control equipment and restrictions on the hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable.

(pp) reasonably available control technology means the lowest emission standard that a particular source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. Reasonably available control technology is determined on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls.

(qq) refuse burning equipment means equipment employed to burn any solid or liquid combustible refuse.

(((rr) seasoned wood means wood of any species that has been sufficiently dried so as to contain 20% or less moisture by weight.

(ss) second stage of impaired air quality means a condition declared by the Control Officer when particulates 10 microns and smaller in diameter are at an ambient level of 105 micrograms per cubic meter measured on a 24-hour average.

(tt) solid fuel burning device means a device that burns wood, coal, or any other nongaseous or nonliquid fuels, and includes any device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or commercial establishment, which has a heat input less than 1 million Btu per hour.))

(uu) source means a building, structure, equipment, control equipment, or facility that emits or may emit any air contaminant into the atmosphere.

(vv) standard conditions means a temperature of 68F and a barometric pressure of 29.92 inches of mercury.

(ww) total allowable emissions means allowable emissions, including the emissions from all Orders of Approval issued to the facility since the designation of nonattainment that were not major modifications, and all fugitive emissions that can be reasonably quantified.

(xx) toxic air contaminant or tac means an air contaminant listed in Appendix A of Regulation III.

(((yy) treated wood means wood of any species that has been chemically impregnated, painted, or similarly modified.))

(zz) true vapor pressure means the equilibrium partial pressure of an organic liquid (determined by methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss from External Floating Roof Tanks", May ((1994)) 1996).

(aaa) urbanized area means those portions of King, Pierce, Kitsap, and Snohomish Counties designated as urbanized areas by the U.S. Department of Commerce, Bureau of the Census.

(bbb) volatile organic compound or voc means an organic compound that participates in atmospheric photochemical reactions. This excludes all compounds determined to have negligible photochemical reactivity by the U.S. Environmental Protection Agency and listed in 40 CFR 51.100(s) in effect July 1, 1998.

NEW SECTION

REGULATION I SECTION 13.02 DEFINITIONS

When used in this Article:

(a) adequate source of heat means the ability to maintain 70F at a point 3 feet above the floor in all normally inhabited areas of a dwelling.

(b) first stage of impaired air quality means a condition declared by the Control Officer when particulates 10 microns and smaller in diameter are at an ambient level of 60 micrograms per cubic meter measured on a 24-hour average or when carbon monoxide is at an ambient level of 8 parts of contaminant per million parts of air by volume measured on an 8-hour average.

(c) seasoned wood means wood of any species that has been sufficiently dried so as to contain 20% or less moisture by weight.

(d) second stage of impaired air quality means a condition declared by the Control Officer when particulates 10 microns and smaller in diameter are at an ambient level of 105 micrograms per cubic meter measured on a 24-hour average.

(e) solid fuel burning device means a device that burns wood, coal, or any other nongaseous or nonliquid fuels, and includes any device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or commercial establishment, that has a heat input less than 1 million Btu per hour (0.29 MW).

(f) treated wood means wood of any species that has been chemically impregnated, painted, or similarly modified.