WSR 99-01-033

PROPOSED RULES

YAKIMA REGIONAL

CLEAN AIR AUTHORITY

[Filed December 9, 1998, 9:47 a.m.]

Original Notice.

Title of Rule: Regulation I of the Yakima Regional Clean Air Authority--1999.

Purpose: To enable the authority to assist Yakima County to restore and maintain air quality which conforms to applicable air quality standards with minimal community disruption.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

Summary: This new regulation should do the following:

(1) Enable the authority to demonstrate attainment for two air pollutants to United States Environmental Protection agency through selected new rules.

(2) Clarify, correct and supplement the existing regulation text.

(3) Create a regulation in a clearer reading style.

Name of Agency Personnel Responsible for Drafting: Charlie Stansel, Six South Second Street, Suite 1016, Yakima, WA 98901, (509) 574-1410; Implementation: Les Ornelas, Six South Second Street, Suite 1016, Yakima, WA 98901, (509) 574-1410; and Enforcement: Gary Pruitt, Six South Second Street, Suite 1016, Yakima, WA 98901, (509) 574-1410.

Name of Proponent: Yakima Regional Clean Air Authority, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Parts of the regulation have been reviewed by the legal council for the authority and he has no concern about the style or language used.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The new regulation will replace Restated Regulation I of the Yakima County Clean Air Authority. See Summary above.

Proposal Changes the Following Existing Rules: New rules or changes to existing rules are highlighted with underscored text.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not apply to local air control authorities.

RCW 34.05.328 does not apply to this rule adoption. Does not apply to local air control authorities.

Hearing Location: Room 420, Yakima County Courthouse, 128 North Second Street, Yakima, WA 98901, on February 10, 1999, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Dema Harris by 12:00 noon, (509) 574-2215.

Submit Written Comments to: Yakima Regional Clean Air Authority, Six South Second Street, Suite 1016, Yakima, WA 98901, fax (509) 574-1411, by February 10, 1999.

Date of Intended Adoption: Local adoption February 10, 1999.

December 3, 1998

Les Ornelas

APCO

Reviser's note: The following material was submitted by the agency using auto-number formatting on the text. After submission to the Code Reviser's Office, the agency found that the auto-number formatting had not worked properly and some of the subsections are numbered incorrectly. This problem will be fixed when the agency adopts these rules permanently.

RESTATED REGULATION I

OF THE

YAKIMA COUNTY REGIONAL CLEAN AIR AUTHORITY

1999

YAKIMA COUNTY REGIONAL CLEAN AIR AUTHORITY

YAKIMA, WASHINGTON 98901

Adopted this _____ day of _________________, 1999 by the

Board of Directors, Yakima Regional Clean Air Authority

Yakima, Washington

_________________________

Chairperson

_________________________

Member

_________________________

Member

_________________________

Member

_________________________

Member

table of contents

ARTICLE 1 - GENERAL ADMINISTRATIVE PROVISIONS

1.01 NAME OF AUTHORITY (New section)

This agency is known as the Yakima Regional Clean Air Authority, and in this regulation it is referred to as the "authority".

1.02 SHORT TITLE (1.02)

These rules and This body of regulations shall is be known and cited as the "Restated Regulation I of the Yakima (County) Regional Clean Air Authority - 1999" and from this section forward it will be referred to as the "regulations".

1.03 POLICY

This section implements Washington Clean Air Act (WCAA) by doing the following:

A. PUBLIC POLICY. (1.01) It is declared to be the public policy of the Yakima County Clean Air Authority to secure and maintain Securing and maintaining such levels of air quality as that will:

1. Protect human health and safety;

2. Prevent injury to plant and animal life and property;

3. Foster the comfort and convenience of the inhabitants of Yakima County;

4. Promote the economic and social development; of Yakima County;

5. Facilitate the enjoyment of the natural attractions therein;

6. Ensure equity and consistency with the FCAA (App. B) and WCAA (App. B);

7. Educate and inform on air quality matters;

8. Maintain accurate and current policies, regulations, and rules;

9. Perform administrative actions in a timely and effective manner; and

10. Therein, and further to Cooperate with the local governments, the Yakama Indian Nation, organizations or citizens on air quality matters in achieving the policy objectives as set forth herein throughout the whole of Yakima County.

B. procedures and standards. Controlling air pollution through procedures, standards, permits, and programs necessary.

C. compliance with adopted standards. Ensuring compliance with all rules and standards applicable to a source by all agencies, businesses and citizens.

D. cooperation and coordination. Cooperating and coordinating with federal, state, county, local, and tribal governments; governmental agencies; organizations; businesses; and the public in all matters related to air pollution characterization, measurement, and control.

E. strategic planning. Developing strategies to which avoid, reduce, or prevent air pollution through:

1. Innovative solutions;

2. Early planning; and

3. The integration of air pollution control in the work of other agencies and businesses.

F. guidelines. Preparing guidelines which interpret, implement, and enforce these regulations.

G. business assistance policy. Providing reasonable business and technical assistance to the community.

H. state environmental policy act (SEPA). Fully complying with all the requirements of the SEPA (App. B) and to hold other agencies, businesses, and individuals accountable.

I. state implementation plan (SIP). Fully complying with the SIP (App. B). Changes in the SIP will be implemented through general rules or regulatory orders.

1.04 CAUSING OR PERMITTING AIR POLLUTION UNLAWFUL - EXCEPTION GENERAL APPLICABILITY (2.01)

Except where specified in a variance permit, as provided herein, it shall be unlawful for any person to cause air pollution or permit it to be caused in violation of these rules and Regulations.

All activities, persons, and businesses under the jurisdiction of this authority are subject to all provisions of these regulations except as described in a variance issued under subsection 3.00D or granted exemptions or waivers from specific subsections. Implementation of these regulations may be through executed contracts, permits, or orders that provide for equal or greater effectiveness in resolving an existing or potential source of air pollution.

1.05 ROLES AND RESPONSIBILITIES (New Section)

A. the authority. The authority is a municipal corporation with the rights described in WCAA (App. B) and exercising. jurisdiction within Yakima County, WA.

B. the board of directors. The governing body of the authority is the board of directors, and the board has the power to:

1. Adopt, amend and repeal its own rules and regulations in accordance with RCW 42.30, Open Public Meeting Act and RCW 34.05, Administrative Procedure Act;

2. Hold hearings relating to any aspect related to the administration of WCAA and other applicable law;

3. Issue any orders necessary to carry out the functions of WCAA and enforce them by all appropriate administrative and judicial proceedings;

4. Require access to records, books, files and other information specific to the control, recovery or release of air contaminants into the atmosphere;

5. Obtain necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise;

6. Prepare and develop comprehensive plans for the prevention, abatement and control of air pollution;

7. Encourage voluntary cooperation by persons or affected groups to achieve the purposes of the state and federal laws and regulations;

8. Encourage and conduct studies, investigation and research relating to air pollution and its causes, effects, prevention, abatement and control;

9. Collect and disseminate information and conduct educational and training programs relating to air pollution;

10. Consult, cooperate, or contract with other agencies, departments, educational institutions, governments, and interested persons or groups; and

11. Accept, receive, disburse and administer grants or other funds or gifts from any source, including public and private agencies and the United States government for the purpose of carrying out the functions of WCAA and other applicable laws.

C. the air pollution control officer. (2.02 A) The air pollution control officer (APCO) is appointed by the board. The Control Officer shall APCO observes and enforces state and federal laws, orders, ordinances, resolutions or rules and regulations of the authority pertaining to the control and prevention of air pollution.

D. advisory council. (2.05) The board of the Authority may in its discretion appoint an advisory council to advise and consult with the board and with the Control Officer APCO in effectuating implementing the purposes of these regulations. The board may submit to the advisory council recommendations for the adoption or modification or of regulations or emission standards or other matters that it considers appropriate, but shall not be required to do so.

1.06 RECORDS (New Section)

E. purpose. To define the policy for records management, protection, and availability to the public.

F. application. To provide full access to information concerning the business of the authority. The provisions of this section shall be liberally interpreted to promote full access to public records and assure continuing public confidence in the authority.

G. public records.

12. Availability. All public records of the authority are available for public inspection and copying during normal working hours at the office of the authority in the Larson Building, Suite 1016, Six South Second Street, Yakima, WA 98901.

13. Legal Exemptions. Availability of public records is subject to exemptions and requirements of RCW 42.17.310.

14. Invasion of Privacy. When the disclosure of information in a public record would lead to an unreasonable invasion of privacy and the authority becomes aware of this fact, the authority shall delete such information before making the record available.

H. confidential records. (2.04)

1. Availability. Whenever the authority obtains any records or other information, other than ambient air quality data or emission data, are furnished to or obtained by the Yakima County Clean Air Authority under this regulation which:

a. The owners or operators certify in writing that the release of the information will likely affect the competitive position of the source; and

b. The authority agrees the information contains trade secrets or proprietary information; then

c. relates to processes or production unique to the owner or operator, or is likely to (adversely) affect the competitive position of such owner or operator (of said processes or production,) and the owner or operator of such processes or production so certifies, such records or The information shall be is only for the confidential use of the Board authority.

2. Summaries for Publication. Nothing herein shall be construed to prevent The authority may use of records or confidential information by the Board in to compile or publishing analyses or summaries relating to the general condition of the outdoor atmosphere; if

a. provided, that such The analyses or summaries do not reveal any information otherwise confidential under the provisions of this section trade secrets or proprietary information; and

b. provided further, that The emission data furnished given to or obtained by the Board shall be the authority is 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 Board authority.

I. general requirements for all records.

1. Request for Records.

a. All requests for inspection or copying of records must contain the following information:

1) The name and address of the person or organization making the request;

2) The time of day and time the person wishes to inspect the records;

3) A specific description of the records requested;

4) A statement whether access to copying equipment is desired;

5) A phone number where the person can be reached;

6) A statement that the record will not be used for commercial purposes.

b. All requests for inspection or copying of records must be received by the authority at least three business days before the requested date of inspection. This will provide time to;

1) Log the request;

2) Allow the authority to review the requested records for confidential or proprietary information; and

3) To contact the person requesting inspection.

c. If the requested records are not readily available for inspection, the authority shall notify the requester when the records will be available.

2. Records Index.

a. The authority does not maintain an index of the records listed in RCW 42.17.260. This is because a significant and integral portion of the records of the authority are exempt from public inspection and copying pursuant to RCW 42.17.310.

b. The authority is in substantive compliance with RCW 42.17.260 by making available for public inspection and copying public records listed in RCW 42.17.260 (2)(a) (f). These include;

1) Promulgated regulations of the authority;

2) Final opinions made in adjudicated cases;

3) Minutes and resolutions of the board;

4) Monthly activity reports;

5) Policy memorandums;

6) Logs of NOV's (App. B) issued;

7) Upset, breakdown and startup reports;

8) Assessment of penalties;

9) Index of registered sources;

10) Annual emission inventories;

11) Summaries of ambient air monitoring data;

12) Annual state and federal grant applications;

13) Annual program plan for the authority;

14) Certifications to operate;

15) Inspection reports for air pollution sources;

16) Variances granted; and

17) New source review records with confidential records and information deleted.

c. Assistance in Obtaining Records. The APCO (App. B) shall assist any person to obtain public records requested from the files of the authority.

3. Protection of Records. Anyone inspecting public records must adhere to the following:

a. No one may remove records form the offices of the authority.

b. The APCO must be present during the inspection of any public records.

c. No one may mark or deface any public record during inspection.

d. Only the APCO may disassemble public records which are kept in a file or jacket.

e. Only the APCO is granted access to file cabinets, shelves, vaults, and other storage areas unless prior arrangements are made with the APCO.

4. Denial of Records Request.

a. When the authority refuses, in whole or part, a written request for inspection of any record, the written reply denying the request shall;

1) Include a statement of the specific exemption authorizing the refusal; and

2) A brief explanation of how the exemption applies to the record withheld.

b. Reviews of Denials.

1) Any person who objects to the refusal of a written request for a record may petition for review of such decision by a written request.

2) The request shall specifically refer to the written statement by the APCO which constituted or accompanied the refusal.

3) Immediately after receiving a request for review of a decision denying a public record, the APCO shall refer the request to the board.

4) The board shall promptly consider the matter and either affirm or reverse the refusal.

5) The final decision shall be sent to the objecting persons.

5. Fees.

a. Inspection of Records. There is no fee for the inspection of public records.

b. Copying. The copying costs are in app. F., and they are payable at the time the copies are furnished.

1.07 GENERAL PROVISIONS

J. compliance. Failure to comply with any of the following is a violation, and may result in either civil or criminal penalties;

1. FCAA (App. B),

2. WCAA (App. B),

3. Any section., subsection, or appendix of this regulation,

4. Any permit requirement, or

5. Any order or approval issued by the authority.

K. false or misleading statements. (2.03A) No person shall willfully make a false or misleading statement to the board or the authority in either written or oral communication as to any matter within the jurisdiction of the board.

L. altered documents. (2.03 B) No person shall reproduce or alter or cause to be reproduced or altered any order, registration certificate, or other paper issued by the authority if the purpose of such the reproduction or alteration is to evade or violate any provision of this regulation or any other law.

M. availability of orders. (2.03C) Any order or registration certificate required to be obtained by this regulation, shall be available on the premises designated on the order or certificate.

N. posting of notices. (2.03D) In the event that the authority requires a notice to be displayed, it shall be posted. No person shall mutilate, obstruct or remove any notice posted by the authority unless authorized to do so by the board.

O. prima facie evidence. (5.02B) The person who owns or controls the property on which outdoor burning where an activity which may violate this regulation occurs has allowed or caused the burning is presumed to have allowed or caused the activity.

P. severability. (8.05) If (any phrase, clause, subsection, or) a section of this regulation (shall be) is declared unconstitutional or the application is held invalid, (by any court of competent jurisdiction to any person shall be conclusively presumed that the Board of Directors would have enacted this Regulation without the phrase, clause, subsection, or section so held unconstitutional or invalid and) the remainder of the regulation shall not be affected as a result of said part being held unconstitutional or invalid, nor shall that provision be affected by other persons or circumstances.

Q. waiver. (5.12C) Nothing in this regulation shall be construed is intended to impair any cause of action or legal remedy therefore of biy a person or the public, for or the injury or damage arising from the emission from any air contaminant in such place, manner or concentration as to constitute air pollution or a common law nuisance.

R. revisions.

1. As Needed Revisions. The board may elect to open the entire regulation, an article, individual sections, specific subsections, or appendices for future revision without opening the remainder of the regulation.

2. Annual Revisions. Each year in July the authority shall give public notice for the consideration of any revisions to portions of the regulation at the August board meeting. The scope of the revisions shall be the same as subsection 1.07I1.

S. disclaimer. Nothing in this regulation prevents the compliance with laws, regulations, and standards created by state or federal agencies at a future date.

T. definitions, acronyms, and abbreviations.

1. Commonly Used Definitions. The definition of terms and phrases used in more than one section of the regulation are located in appendix A, and they are identified in the text with (App. A) following the term. When a definition is copied or abstracted from another source, the source is identified.

2. Commonly Used Acronyms and Abbreviations. Commonly used acronyms and abbreviations are defined in appendix B, and they are identified in the text with (App. B).

3. Specific Definitions. The definition of terms and phrases used in only one section of the regulation are located in the beginning of the section, and they are identified in text with a (.*) following the term.

4. Part of the Regulation. The definitions of terms, phrases, acronyms, and abbreviations are an integral part of this regulation.

1.08 EFFECTIVE DATE. These regulations are effective April 1, 1999.

1.09 REVOCATIONS. The following are revoked or replaced by sections of this regulation:

A. Restated Regulation 1 of the Yakima County Clean Air Authority with the following effective dates:

1. November 18, 1993.

2. January 13, 1994.

3. June 20, 1994.

4. October 20, 1994.

5. December 15, 1995.

B. Board Resolutions. None

C. Board Decisions. None.

ARTICLE 2 - GENERAL REGULATIONS

2.01 AIR POLLUTION CONTROL OFFICER - POWERS AND DUTIES

A. powers and duties. The board shall appoint an air pollution control officer (APCO) competent in the field of air pollution control whose sole responsibility shall be to implement these regulations in a manner consistent with:

1. Applicable federal and state laws and regulations;

2. Local regulations; and

3. The air pollution control officer and assistants, in the performance of their duties, shall in all respects be subject to the direction of the board and take no action that has been prohibited by the board. (2.02E) Policies and directives of the board unless specifically limited elsewhere in this regulation or by other laws or regulations.

B. delegated authority. When the term "APCO" is used in this regulation, it also applies to any authorized representative of the authority conducting official business for the APCO (App. B) and the authority.

C. reasonable investigation. (2.02B) The control officer APCO or his duly authorized agent may make any reasonable investigation or study which is necessary for the purpose of to enforceing this regulation or any amendment or revision of this regulation. hereto or controlling or reducing the amount of or kind of air contaminant. The Control Officer shall be required to maintain appropriate records and prepare periodic reports to the Board.

D. power to enter. (2.02C)

1. General Power. For the purpose of investigating conditions for specific to the control, recovery or release of air contaminants into the atmosphere, the control officer APCO or his a duly authorized representative, shall have the power to enter at reasonable times upon any private or public property.

2. Limitations of the Power to Enter. excepting Non-multiple unit private dwellings housing two (2) families, or less may not to be entered without the permission of the occupant(s) of the dwelling(s).

3. Refusal of Entry. No person shall refuse entry or access to the APCO air pollution control officer or his duly authorized representatives who request entry for the purpose of inspection, and who when the APCO presents appropriate credentials.

4. Obstruction of an Inspection. Nor shall any No person shall obstruct, hamper or interfere with such an inspection.

E. right to obtain samples. (2.02D)

1. Notification of Owner or Lessee. If during the course of an inspection the APCO a(n) authorized employee of the authority, during the course of an inspection, desires to obtain a sample of air contaminant, fuel, process material or other material which affects or may affect the emission of air contaminants, he the APCO shall notify the owner or lessee of the time and place of obtaining a sample.

2. Owner/Lessee Sampling. So The owner or operator lessee has the opportunity to may take a similar sample at the same time and place as the sample taken by the APCO authority.

3. Receipt for Sample. The APCO authorized employee of the authority shall give a receipt to the owner or lessee operator for the sample obtained.

F. Maintain Records. (2.02B) The APCO shall maintain appropriate records and prepare periodic reports to the board.

G. Signing Authority. The APCO is authorized by the board to sign official complaints, issue violations, and/or apply to any court for necessary orders. When the board approves, the APCO may commence legal action. Nothing in this regulation may be construed to limit the APCO from using any other legal means to enforce the provisions of these regulations.

2.02 AUTHORITY TO COLLECT FEES (All New section)

A. legal authority. WCAA (App. B) authorizes the authority to assess fees and recover costs for permits, registrations, and professional services.

B. charges. Charges include but are not limited to the following:

1. Reimbursement of authority staff time for review of complex projects or lengthy enforcement actions;

2. Operational costs incurred by the authority for administering and enforcing the air operating permit program;

3. Reimbursement of authority staff time for costs for notices of construction and initial synthetic minor regulatory orders;

4. Reimbursement to a minimum of 50% of the cost for annual registrations including periodic inspections; and

5. Charges from Ecology (App. B) for state level support and oversight work.

C. refunds.

1. The following fees are non-refundable:

a. Actual costs incurred by the authority.

b. Application fees.

2. The following refunds are made without interest:

a. Fees collected in excess of actual costs.

b. Fees collected in error.

D. fees.

1. Fee schedules are in appendix F.

2. (13.05D) The workload analysis budget billing rate schedule for reimbursable fees and fee allocations schedule shall be made available upon request. Any proposed revisions to the annual fee schedule shall be presented to the board for adoption after public notice has been given.

2.03 ADOPTION OF STATE AND FEDERAL REGULATIONS

The Yakima County Clean Air authority hereby adopts by reference and incorporates herein, as if specifically set forth herein; into these regulations all of the terms and provisions of the following The Yakima County Clean Air authority hereby adopts by reference and incorporates herein, (as if specifically set forth herein,) all of the terms and provisions of the as identified below: (Washington) state administrative codes and code of federal regulations as of the effective date of the regulation in section 1.08. identified below, except. as When the same may be less stringent than the provisions of this regulation of the Yakima County Clean Air Authority is more stringent than the federal or state laws and regulations, the regulation of the authority shall have precedent.

A. state regulations. (12.01)

Chapter 173-400 WAC General Regulations for Air Pollution Sources:

Chapter 173-401 WAC Operating Permit Regulation;

Chapter 173-420 WAC Conformity of Transportation Activities to Air Quality Implementation Plans

Chapter 173-425 WAC Open Burning;

Chapter 173-430 WAC Agricultural Burning:

Chapter 173-433 WAC Solid Fuel Burning Device Standards;

Chapter 173-434 WAC Solid Waste Incineration Facilities;

Chapter 173-435 WAC Emergency Episode Plans;

Chapter 173-450 WAC Establishing Requirements for the Receipt of Financial Aid

Chapter 173-460 WAC Controls for New Sources of Toxic Air Pollutants;

Chapter 173-470 WAC Ambient Air Quality Standards For Particulate Matter;

Chapter 173-474 WAC Sulphur Oxide Standards;

Chapter 173-475 WAC Photochemical Oxidant, Hydrocarbons, Nitrogen Dioxide (Ambient Standards);

Chapter 173-490 WAC Emission Standards and Controls for Sources Emitting Volatile Organic Compounds (VOC);

Chapter 173-491 WAC Emission Standards and Controls for Sources Emitting Gasoline Vapors.

Chapter 173-802 WAC Ecology SEPA (App. B) Procedures

Chapter 173-806 WAC Model Ordinance for Use in Integration of SEPA Guidelines

Chapter 197-11 WAC SEPA Rules

B. federal regulations. (12.02)

Title 40 CFR Part 60, (New Source Performance) Standards of Performance for New Stationary Sources ((NSPS)) except provisions withheld from delegation by EPA (App. B);

Title 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAPS).

Title 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories except provisions withheld from delegation by EPA (App. B).

Title 40 CFR Part 503, Standards for the Use or Disposal of Sewage Sludge.

Subpart A, General Provisions; and

Subpart E, Incineration.

2.04 PUBLIC PARTICIPATION. (New Section, WAC 173-400-171)

A. purpose. To involve the public prior to making decisions.

B. applicability. This section applies to the following actions or situations:

1. When required by federal or state law or regulation; or

2. NSR (App. B) applications for a new or modified source or emissions unit if the application proposesd source would cause an annual increase of ten TPY (App. B) tons of any air pollutant contaminant for which has established the ambient air quality standards have been established;

3. Regulatory orders which have had no previous public review;

4. Orders to determine RACT (App. B) for major sources;

5. Orders to establish variances;

6. Changes to the SIP (App. B);

7. Substantive changes to regulations;

8. Proposed air operating permits;

9. SEPA (App. B) determinations; or

10. Actions where there is a substantial public interest as determined by the APCO (App. B).

C. early review. May be initiated by either the authority or the public by a written request.

1. Purpose. Provides a forum for dialogue at early stages of authority decision making.

2. Methods.

c. Public meetings or workshops;

d. Advisory committees;

e. Peer review groups;

f. Discussion groups; or

g. Public hearings.

D. public notice process. (4.02H) The following is the public notice process:

H. Public Notice.

1. Notice of Construction applications shall be subject to public notice under the following conditions:

a. If otherwise required by state or federal laws or regulations; or

b. or

c. If the Yakima County Clean Air Authority determines that such public comment would be appropriate.

2. Within fifteen days of receipt of a complete application for a Notice of Construction the Authority shall determine whether public notice is required, and if so it shall publish notice to the public of an opportunity to submit written comments during a thirty (30) day period. Such public notice shall contain the following information:

a. The name and address of the owner;

b. A brief description of the proposed construction;

c. The location at which a copy of the preliminary determination and a summary of the information considered in making such preliminary determination are available to the public.

1. Public Notice Is Issued.

a. After all information required by the authority is available; and

b. All preliminary determinations are made.

2. Who Pays For Public Notice. The owner or applicant pays the cost of providing public notice.

3. Content.

a. Publication in a Newspaper. Notices are published in a newspaper with a general circulation in the area, and they contain:

1) A brief description of the proposal;

2) The location of the documents available for public inspection;

3) The 30 day period for submitting written comments to the authority;

4) The public hearing dates and locations if hearings are required.

b. Information Available for Public Inspection:

1) Nonproprietary information submitted by the applicant;

2) Applicable preliminary determinations;

3) Analyses of the air quality effects; and

4) Other relevant information.

c. Copies of the Notice. Are sent to EPA (App. B) and ecology (App. B) for any application or action which requires public notice.

4. Public Comments.

a. Public comments are received during the published period.

b. If a public hearing is held, the public comment period will extend through the hearing date and the period specified by the notice.

5. Public Hearings.

a. Interested persons may request a public hearing in writing within the 30 day public comment period.

b. The authority must respond to all requests.

c. The authority decides to hold a public hearing.

d. The time and place of the hearing(s) are published in a newspaper with general circulation in the area. The method and content of the notice will comply with subsection 2.04D3a.

6. Response to Public Comment. The authority shall provide a written response to the public comments.

2.05 APPEALS

A. purpose. To define the local policy for appeals of decisions by the APCO (App. B) or board.

B. applicability. Any final written decision, order, or fee issued by the APCO or the board.

C. policy.

1. Finality. (3.02) Any order issued by the Board or Control Officer shall become final, unless such order is appealed to the Pollution Control Hearings board, as provided in RCW 43.21B. Any decision or order shall be final 30 days after the decision or order is issued unless:

a. A petition for review or appeal is filed with a higher level of authority; or

b. A petition for judicial review is filed with a superior court.

2. Status During Appeal. (3.03) Any order of the Control Officer or Board shall be stayed pending final determination of any hearing or appeal taken in accordance with the provisions herein, unless after notice and hearing, the Superior Court shall determine that an emergency exists which is of such nature as to require that such order be in effect during the pendency of such hearing or appeal.

a. The implementation of any decision or order shall be stayed pending the final resolution of the appeal unless:

b. Superior court determines that an emergency exists that requires the implementation of the decision or order during the appeal period.

3. Mutual Settlement. (3.04) Nothing in this article shall prevent the Control Officer APCO or board from making efforts to obtain voluntary compliance through warning, conference or any other appropriate means.

D. appeal options.

1. From Decisions Made by the APCO.

a. Request a review of the decision by the APCO;

b. Appeal the decision to the board;

c. Appeal the decision to the pollution control hearings board; or

d. File a petition with superior court requesting a judicial review of the decision.

2. From Decisions Made by the Board.

a. Request a review of the decision by the board;

b. Appeal the decision to the pollution control hearings board; or

c. File a petition with superior court requesting a judicial review of the decision.

E. appeal process. The specific details for appeals are in RCW 34.04, RCW 43.21, and WAC 173-400-250.

ARTICLE 3 - RULES

3.00 GENERAL RULES

A. purpose. To define rules of a general nature.

B. applicability. Applies to the rules in articles 3 and 4..

C. exclusions.

1. Ambient Air Quality Standards. Ecology (App. B) is responsible for establishing, administering, and enforcing the ambient air standards.

D. variances. (7.01 & RCW 70.94.181)

A. Any person who owns or is in control of any plant, building, structure, establishment, process or equipment, may apply to the Board for a variance from the provisions of these Regulations governing the quality, nature, duration or extent of discharge of air contaminants in accordance with the provisions of RCW 70.94.181. The application shall be accompanied by such information and data as the Board may require. The Board may grant such variance, but only after public hearing or due notice if the Board finds that:

1. The emissions occurring or proposed to occur do not endanger public health or safety or the environment; and

2. Compliance with the rules and regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public.

3. Provided, however, that the Board will not grant variances to state rules unless the same have been approved by the Washington State Department of Ecology prior to being issued by the Yakima County Clean Air Authority.

4. Total time period for a variance and a renewal of such variance shall not exceed one year.

B. No variance shall be granted pursuant to this section until the Board has considered the relative interest of the applicant, other owners of property likely to be affected by the emissions, and the general public.

C. Any variance or renewal thereof shall be granted within the requirements of subsection A and for time periods and under conditions consistent with the reasons therefore, and within the following limitations:

1. If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement or control of the pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available, and subject to the taking of any substitute or alternative measures that the Department of Ecology or Board may prescribe.

2. If the variance is granted on the ground that compliance with the particular requirements or requirement from which variance is sought will require the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time, as in the view of the Department of Ecology or Board is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to such timetable.

3. If the variance is granted on the ground that it is justified to relieve or prevent hardships of a kind, other than that provided for in Subsections 7.01 (A) (1), (2), and (3), it shall be for not more than one (1) year.

D. If renewal is made to the Board on account of the variance, no renewal thereof shall be granted unless, following a public hearing on the complaint on due notice, the Board finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least sixty (60) days prior to the expiration of the variance.

Immediately upon the receipt of the application for renewal the Board shall give public notice of such application in accordance with the rules and regulations of the Board.

E. A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the discretion of the Board. However, any applicant adversely affected by the denial or the terms and conditions of the granting of an application for variance or renewal of a variance by the Board, may obtain judicial review thereof under the provisions of Chapter 34.05 of RCW as now or hereafter amended.

F. Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the applications of the emergency provisions and procedures of RCW 70.94.710 through 70.94.730 to any person or their property.

G. An application for variance or for the renewal thereof submitted to the Department of Ecology or Board pursuant to this section, shall be approved or disapproved by the Board within sixty (60) days of receipt, unless the applicant and the Board agree to a continuance

1. Purpose. To provide a process for obtaining relief from these regulations.

2. Applicability. Any person who is subject to these regulations.

3. Requests for Variances or Renewals.

a. General Process.

1) Petitioner submits the written application and documentation to the APCO (App. B);

2) APCO reviews to application and submits it to the board with a recommendation;

3) Board makes a decision.

4) If the requested variance is to an authority rule which is not duplicated in the SIP (App. B) or the WAC (App. B), the decision shall be made by the board.

5) If the requested variance is to a state rule, the decision is referred to ecology (App. B) for final approval (7.01A3).

6) The variance is granted by the authority after the final approval by either the board or ecology.

b. Application. The following information is required in the application:

1) Specific regulation which relief is requested;

2) Detailed explanation that justifies relief from compliance with the regulation;

3) Plans to bring the source into compliance with the regulation prior to the expiration of the variance;

4) Location of any sensitive receptor sites;

5) Air pollution source, equipment, and control apparatus subject to the variance;

6) Any equipment connected to, serving, or served by the air pollution source, equipment, and control apparatus subject to the variance;

7) Plot plan showing the distance and height of buildings within 200 feet or other distance specified by the APCO from the location of the contaminant source; and

8) Estimated amount that the emissions will exceed standards as result of the variance.

c. Additional Documentation.

1) Any additional information required by the APCO.

2) Any information volunteered by the petitioner.

d. Review Criteria. (7.01B) Before granting a variance, the board must consider the interests of:

1) The applicant;

2) Owners of adjacent property likely to be affected by the variance; and

3) The general public.

e. Review Period. (7.01 G) Any application for variance or renewal must be approved or disapproved by the board within 60 days of receipt unless the applicant and the board agree to a continuance.

f. Public Involvement. Shall be done as required in section 2.04.

4. Conditions for Granting a Variance. (7.01A1&2)

a. The emissions proposed do not endanger public health, safety, or the environment; and

b. Compliance with the rules or regulations without a variance would produce serious hardship without equal or greater public benefits.

5. Limitations for Granting a Variance or Renewal. (7.01C)

a. No Practicable Technology Available.

1) Adequate prevention, abatement or control of the pollution is not available;

2) The variance is granted only until the necessary technology for prevention, abatement or control becomes available.

3) When the control technology becomes reasonably available;

a) The variance may be rescinded; and

b) Ecology or the board may prescribe alternate measures.

b. Compliance with Requirements will be Difficult.

1) Will require taking measures which are extensive or costly;

2) Must be accomplished over a long time period;

3) The variance must be granted for a reasonable time to complete the required measures;

4) The variance must contain a schedule for completing the measures in a timely manner; and

5) Must include conditions requiring adherence the schedule.

6. Expiration. (7.01A4) Variances and renewals shall expire one year or less after the issuance, or when;

a. The conditions of the variance or renewal are fulfilled; or

b. Replaced by a new law or regulation.

7. Renewals (7.01D & RCW 70.94.181(1)) Any variance may be renewed for the same terms, conditions, and period as when the variance was granted up to one year from the initial issuance of the variance.

a. Application for Renewal. (7.01D) Must be submitted at least 60 days prior to the expiration of the variance.

Immediately upon the receipt of the application the board must give public notice of the application.

b. The process for the renewal will follow subsection 3.00E3.

c. Renewals After Complaints Concerning Variances. (7.01D & RCW 70.94.181(1)) If ecology or the board receives a complaint about the variance, a renewal must not be granted until the board issues a notice and holds a public hearing on the complaint. Based upon results of the public hearing, the board will grant a renewal if it finds the renewal is justified.

d. Applications for renewals beyond one year must apply for a new variance.

8. Judicial Review. (7.01 E) A variance or its renewal is not the right of the applicant or holder, but is granted at the discretion of the board. Any applicant who is adversely affected by the denial or the conditions of a variance or its renewal may obtain judicial review under the provisions of Chap. 34.05 of RCW.

9. Emergency Provisions. (7.01F) Nothing in this section or any variance or renewal granted under this section is construed to limit the applications of the emergency provisions and procedures of air pollution episodes as described in WCAA (App. B).

E. operation and maintenance.

1. Purpose. To define operation and maintenance standards for all process and control equipment to prevent avoidable emissions.

2. Applicability. Any person who is subject to these regulations.

3. Exemption. Process or control equipment which is out of service.

4. Requirement. The owner or operator of an air pollution source shall:

a. Operate and maintain all process and control equipment which has the potential to create emissions according to the specifications of the manufacturer;

b. Maintain this equipment in good repair and working condition;

c. Operate this equipment to minimize emissions; and

d. Keep a current copy of the manufacturer's manuals and specifications on the site.

3.01 EMISSION STANDARDS

A. purpose. To control and prevent air pollution.

B. applicability. (5.06) To all sources and emissions units. are required to meet the emission standards of this chapter. Where a more stringent an emission standard listed exists, in another chapter is applicable to a specific emissions unit, such the more stringent standard will apply. take precedent over a general emission standard listed in this chapter.

C. general emission standards for maximum permissible emissions.

All sources are required to comply with the general emission standards unless a general standard is replaced by another subsection.

1. Prohibitions. (5.06)

a. Visible Emissions. (5.06, 5.07A, & 5.09B) No person shall cause or permit visible emissions (App. A) plume from any source that exceeds twenty percent (20%) opacity for three minutes in any one hour period except:

1) (5.06A1 & 5.09B1) When the emissions occur due to soot blowing/and grate cleaning from hog fuel boilers, and the operator can demonstrate that the emissions will not exceed twenty percent (20%) opacity (App. A) for more than fifteen (15) minutes in any eight (8) consecutive hours. The intent of this provision is to permit allow the soot blowing and grate cleaning necessary to the operation of boiler facilities. This practice, except for testing and trouble shooting, is to be scheduled for the same approximate times each day, and the authority must be advised of the schedule.

2) (5.06A2) When the owner or operator of the source supplies valid data to show that the opacity exceeds twenty percent (20%) as the result of the presence of condensed water droplets. The visible emission shall be acceptable if:

a) The concentration of particulate matter as shown by a source test approved by the authority must be is less than 0.23 grams/dscm (App. B) or one-tenth (0.1) grains per dry standard cubic foot dscf (App. B). For combustion emissions the exhaust gas volume shall be corrected to seven percent (7%) oxygen O₂ (App. B); or

b) A certified opacity reader determines the excess opacity is due to the presence of water vapor.

3) (5.06A3) As provided for in WAC 173-433-110 "Opacity Standards For Solid Fuel Burning Devices". The opacity standard for wood heaters is in subsection 3.04E1(a).

b. Particulate Matter.

1) Preventing Particulate Matter from becoming airborne. (5.06B). No person shall cause or allow permit the emission of particulate matter PM (App. B) from any source which is transported or becomes deposited beyond the source property under direct control of the owner or operator of the source in sufficient quantity to interfere unreasonably with the use or and enjoyment of another the property upon which the material was transported or deposited.

2) (5.12A) No person shall cause or, let, allow, permit or suffer particulate matter PM to be stored, handled, or transported without taking reasonable precautions to prevent air pollution.

3) (5.12B) No person shall cause or, let, allow, permit, or suffer a building or its appurtenances or road to be constructed, altered, repaired or demolished without taking reasonable precautions to prevent air pollution.

c. Material Handling. (5.06C) No person shall cause or permit material the handling of any material without taking reasonable precautions to prevent the release of contaminants pollutants (App. A) to the ambient air (App. A).

d. Objectionable Odors. (5.06D) Any person who shall causes or allows the generation of any objectionable odor from any source which may unreasonably interfere with an the adjoining property owner's use or and enjoyment of another his property must use recognized good practice and procedure to reduce these objectionable odors to a reasonable minimum.

e. Air contaminants or water vapor Detrimental Emissions. to persons or property. (5.06 E) No person shall cause or allow an permit the emission of any air contaminant or water vapor from any source, including any air contaminant whose emission is not otherwise prohibited by this Regulation, if the air contaminant or water vapor causes detrimental to the health, safety, or welfare of any person; or causes damage to the property or business of another person.

f. Sulfur Dioxide (SO₂) (App. B) (5.06 F)

1) (5.06 F1) No person shall cause or permit the emission of a gas containing sulfur dioxide SO₂ in excess of 1,000 parts per million (ppm). (App. B).

2) (5.06 F2) All concentrations of sulfur dioxide SO₂ referred to above are by volume, dry standard conditions. and For combustion emissions the exhaust gas volume shall be corrected to seven percent (7%) oxygen O₂ (App. B) and based on the average of any period of sixty 60 consecutive minutes.

g. Concealment and Masking. (5.06G) No person shall cause or permit the installation or use of any device, or the use of any means which, without resulting in a reduction in the total amount of air contaminant emitted, conceals an emission of an air contaminant pollutant which would otherwise violate any requirements provisions of this regulation chapter.

h. Sale or Installation of Air Pollution Source. (5.06I) No person shall hereafter sell or install within the jurisdiction of the Yakima County Clean Air Authority any continuous, stationary an air contaminant pollution source in which the air contaminant emitted therefrom cannot be restricted to not capable of meeting the standards of this regulation as set forth in Sections 5.06(A) and 5.08.

2. Requirements.

a. Two or More Emission Units. (5.06) When two or more emissions units are connected to a common stack, and the operator elects not to provide the means or facilities to sample emissions from the individual emissions units, and the relative contributions of the individual emissions units to the common discharge are not readily distinguishable, then the emissions of the common stack must meet the most restrictive standard of any of the connected emissions units.

b. Reasonably Available Control Technology (RACT)(App. A). (5.06, 5.09B2, & 5.09H) Further, All emissions sources units are required to use reasonably available control technology (RACT) where available.

1) This which may be determined for some sources or source categories to be more stringent than the applicable emission limitations of any chapter of Title 173 WAC.

2) Where current controls are determined to be less than RACT, the authority shall, on a case-by-case basis, define RACT for each source or source category and issue a regulatory order to the source or sources for installation of RACT.

c. Fugitive Dust Sources. (5.06H)

1) (5.06H1) The owner or operator of a source of fugitive dust must shall take reasonable precautions to prevent fugitive dust from becoming airborne and shall maintain and operate the source to minimize emissions.

2) (5.06 H. 2) The owner(s) or operator(s) of any existing source(s) of fugitive dust that has been identified as a significant contributor to a Category I PM₁₀ or PM_2.5 nonattainment area, shall be required to must use reasonably available control technology RACT to control emissions. Significance will be determined by the definition found in 40 CFR Part 51, Appendix S, as amended July 1, 1990.

3) Specific dust control requirements are in section 3.08.

d. Opacity Measurement. (5.06J) The density or opacity of an air contaminant shall emission must 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 on a plume nearest the point of emission.

e. Maintenance and Operation. As required in subsection 3.00E.

f. Compliance Testing. As required in subsection 3.11E2.

g. Inspection. As authorized in subsection 5.00C.

h. Permitting. Owners or operators of sources may be required to obtain permits from the authority under sections 4.03, 4.04, or 4.05.

D. minimum additional emission standards for combustion and incineration sources (App. A) (5.07) These standards are in addition to or replace a general standard in subsection 3.01C.

1. Particulate Matter.

a. Sources Burning Wood Derived Fuels. (5.09B1) The emission of PM from a unit combusting wood derived fuels for the production of steam must not exceed 0.46 gram per dscm (0.2 grain per dscf).

b. All Other Sources. The emission of PM must not exceed 0.23 gram per dscm (0.1 grain per dscf).

c. Measurement.

1) The concentration of PM will be measured by a currently approved EPA (App. B) method; or

2) Procedures which have received advance written approval by the authority.

3) (5.07C) Stated Concentrations for combustion and incineration sources will be determined calculated after the volumes are corrected to seven percent (7%) O₂ (App. B) oxygen except when the authority decides that an alternate O₂ correction factor is more representative of normal operations.

2. Incineration Sources. (App. A)

a. Total Unburned Hydrocarbons Carbonyls. (5.07B) For all Incinerator sources, no person shall cause or permit emissions must not emit unburned carbonyls in excess of 100 ppm (App. A). This of total unburned hydrocarbons as must be measured by applicable EPA methods or acceptable procedures contained in "Source Test Manual Procedure for Compliance Testing", State of Washington, Department of Ecology on file with the Authority or Ecology which have been approved in advance by the Authority received advance written approval by the authority.

b. Hours of Operation. (5.07B) Incinerators shall will be operated only during daylight hours unless written permission to operate at other times is obtained received from the authority.

c. Large Incinerators. (5.07D) All incinerators designed to burn twelve tons per day of materials shall be are subject to the standards set forth in WAC 173-434 if they are:

1) Designed to burn (App. B) 12 tons per day of materials; and

2) Constructed after to January 1, 1985.

E. minimum emission additional standards for general process sources. (App. A) (5.07E & 5.08) These standards are in addition to or replace a general standard in subsection 3.01C. No person shall cause or permit emissions in excess of Section 5.08. General Process Units are required to meet all applicable provisions of Section 5.06. No person shall cause or permit the Emissions of particulate matter from any general process operation sources must not exceed in excess of one tenth (0.10) grains per standard cubic foot of dry exhaust gas 0.23 gram per dscm (0.1 grain per dscf) as tested by in accordance with 40 CFR Part 60 Appendix A, Method 5, "Determination of Particulate Emissions from Stationary Sources". a currently approved EPA method or procedures which have received advance written approval by the authority.

F. minimum emission additional standards or procedures for certain source Categories (5.09 & WAC 173-400-070) The authority finds that reasonable regulation of sources within certain categories requires separate standards applicable to such categories. The standards set forth in this section shall be the minimum allowable standards for sources within the categories listed. and Except as specifically provided in this Section, such sources shall be required to meet the provisions of Section 5.06, Section 5.07., and Section 5.08. These standards are in addition to or replace a standards in subsection 3.01C, D, or E.

1. Hogged Fuel Boilers. (5.09B)

(5.09 B1) No person shall operate a hogged fuel boiler that will cause or permit an emission for more than three (3) minutes in any one (1) hour of an air contaminant from any source which, at the emission point or within a reasonable distance of the emission point, exceeds twenty percent (20%) opacity or which causes an emission of particulate matter in excess of one-fifth (0.20) grains per standard dry cubic foot. Particulate matter emissions shall be measured by EPA Method 5 or approved procedures contained in "Source Test Manual Procedure for Compliance Testing", State of Washington Department of Ecology on file at the Authority or Ecology. Provided that emissions may exceed twenty percent opacity (20%) for up to fifteen (15) consecutive minutes once in any eight (8) hours. The intent of this provision is to permit the soot blowing and grate cleaning necessary to the operation of these units. This practice is to be scheduled for the same specific times each day and the authority shall be notified of the schedule or any changes.

(5.09B2) All hogged fuel boilers shall utilize Reasonably Available Control Technology and shall be maintained and operated to minimize emissions.

(5.09B3) The authority may establish additional requirements for hogged fuel boilers located in or proposed for location in sensitive areas which can be implemented through permitting or enforcement actions. These additional requirements may include, but shall not be limited to:

a. (5.09B3a) A requirement to meet additional provisions of subsection 5.07 3.01D;

b. (5.09B3b) A requirement to utilize Best Available Control Technology BACT (App. B);

c. (5.09B3c) A requirement to reduce or eliminate emissions if the authority establishes that such emissions unreasonably interfere with the use or enjoyment of the property of others or if such reductions or eliminations are necessary to meet ambient air quality standards; or

d. A requirement to comply with section 3.12.

2. Orchard Heating. (5.09C) The following are prohibited:

a. (5.09C1) Burning of rubber materials, asphaltic products, crankcase oil or petroleum wastes, plastic, or garbage. is prohibited; and

b. (5.09C2) It shall be is unlawful to Burning any material or operating any orchard heating device that causes visible emissions exceeding twenty percent (20%) opacity, except during the first thirty (30) minutes after such the device or material is ignited.

3. Grain Elevators. (5.09 D2) The authority may establish additional requirements for grain elevators located, or proposed for location, in sensitive areas near sensitive receptor sites as required in section 3.12. These requirements may include, but shall not be limited to a requirement to meet the provisions of Section 5.06 and Section 5.08. standards of subsection 3.01E. (5.09D1) Any grain elevator which is primarily classified as a materials handling operation shall meet all the provisions of Section 5.06, B, C, D, and E.

4. Catalytic Cracking Units. (5.09G)

a. Existing Units. (5.09G1) All existing catalytic cracking units shall meet all provisions of Sections 5.06 (B), (C), (D), (E) and (G) and:

1) No person shall cause or permit the emission for more than three (3) minutes, in any one hour, of an air contaminant pollutant from any catalytic cracking unit which at the emission point, or within a reasonable distance of the emission point, exceeds forty percent 40% opacity.

2) No person shall cause or permit the emission of particulate material in excess of 0.46 grams per dry cubic meter of standard conditions dscm (0.,20 grains per dscf) of exhaust gas.

b. All New Catalytic Cracking Units. (5.09G2) Must shall meet all provisions of WAC 173-400-115 and section 4.02.

5. Sulfuric Acid Plants (H₂SO₄). No person will cause to be discharged into the atmosphere from a H₂SO₄ plant, any gases which contain acid mist, expressed as H₂SO₄, in excess of 0.15 pounds per ton of acid produced. Sulfuric acid production shall be expressed as 100% H₂SO₄.

6. Sewage Sludge Incinerators. The standards for the incineration of sewage sludge are listed in 40 CFR 503 subpart A - General Provisions and subpart E - Incineration.

7. Asbestos. (5.09E) No person shall remove or otherwise disturb asbestos, to the extent that asbestos fibers may become airborne, without notifying the Authority ten (10) business days prior to removal. If removal is necessary due to an emergency, the ten day waiting period may be waived by the Authority.

1. Private Residents.

Private homeowners, when removing friable asbestos materials from their normally occupied or will be normally occupied homes, may be required to remove the asbestos materials according to the National Emission Standard for Hazardous Air Pollutants (NESHAPS) as set forth in Title 40 Code of Federal Regulations part 61, as the same now exists or may be amended. Removal and disposal of non-friable asbestos materials shall be conducted in accordance with practices and procedures approved by the Authority.

2. Small Quantity Asbestos Material.

Asbestos Materials in quantities less than 160 square feet or 260 linear feet must be removed and disposed of according to practices and procedures approved by the Authority.

3. Commercial, Industrial or other sources.

No person shall demolish any commercial, institutional, or industrial building, or any residential facility constructed to house four (4) or more families without first performing a thorough inspection, to be conducted by a qualified expert to determine the quantities and types of asbestos materials present. If it is determined that such building contains asbestos, no person shall commence the demolition of such facility without complying with the requirements of NESHAPS, the Federal Rule stated in E (1) above.

4. Fees or Administrative Charges.

Fees associated with this subsection (5.09(E)) shall be in accordance with Article XIII, Section 13.04 of this regulation.

8. Wigwam Burners. (5.09F)

a. All wigwam burners shall meet all provisions of Section 5.06 (B), (C), (D), (E), (F) and (G).

b. All wigwam burners shall use RACT. All emissions units shall be operated and maintained to minimize emissions. These requirements may include a controlled tangential vent over fire air system, an adequate under fire system, elimination of all unnecessary openings, a controlled feed and other modifications determined necessary by Ecology or the Authority.

c. It shall be unlawful to install or increase the existing use of any burner that does not meet all requirements for new sources including those requirements specified in Section 5.06 and Section 5.07, except operating hours.

d. Ecology may establish additional requirements for wigwam burners located in sensitive areas as defined by chapter 173-440 WAC These requirements may include but shall not be limited to:

i. A requirement to meet all provisions of in Section 5.06 and Section 5.07. Wigwam burners will be considered to be in compliance if they meet the requirements contained in Section 5.06(A). An exception is made for a startup period not to exceed thirty (30) minutes in any eight (8) consecutive hours.

ii. A requirement to apply BACT.

iii. A requirement to reduce or eliminate emissions if Ecology establishes that such emissions unreasonably interfere with the use and enjoyment of the property of others or are a cause of violation of ambient air standards.

9. Asphalt Batch Plants. (5.09 A)

a. All batch plants shall meet all requirements of Title 40 CFR 60.90 Subpart I, "Standards of Performance for Hot Mix Asphalt Facilities".

b. Asphalt batch plants shall utilize Best Available Control Technology and shall be maintained and operated to minimize emissions

10. Other Wood Waste Burners. (509H) Wood waste burners not specifically provided for in this section shall meet all provision of Section 5.06. Such wood waste burners shall utilize RACT and shall be operated and maintained to minimize emissions.

3.02 STANDARDS FOR SOURCES OF HAZARDOUS AIR POLLUTANTS. (WAC 173-400-075 & WAC 173-460) (New Section)

A. purpose. To control and prevent emissions of hazardous air pollutants.

B. applicability. Applies to the owners or operators of any stationary source subject to the requirements of Title 40 CFR Parts 61 and 63.

C. adoption by reference. Subsection 2.03B adopts Title 40 CFR Parts 61 and 63 except provisions withheld from delegation by EPA (App. B) as of the effective date of the regulation in section 1.08.

D. emission standards for perchloroethylene (pce) dry cleaners. (WAC 173-400-075(6))

1. Purpose. To define specific standards for dry cleaners using the solvent PCE (App. B) which supplement 40 CFR Part 63, Subpart M, National Perchloroethylene Emission Standards for Dry Cleaning Facilities.

2. Applicability. Any dry cleaning operations that uses PCE.

3. Requirements. The annual use of PCE (App. B) determines the source category, venting, and leak inspection frequency requirements.

a. Source Categories. Are shown in tables 3.02-1.

Table 3.02-1. PCE Dry Cleaner Source Categories

b. Change in PCE Consumption. If there is an increase or decrease in the amount of PCE used that changes the source category, the owner or operator of the source must notify the authority within 180 days.

c. Venting and Leak Inspection. Are shown in table 3.02-2.

Table 3.02-2. PCE Dry Cleaner Venting and Leak Inspection Requirements.

d. Registration is required as specified in section 4.01.

e. Operation and Maintenance.

1) As required by subsection 3.00E; and

2) Close the door of each dry cleaning machine except when transferring articles to or from the machine.

f. Leak Repair. Leaks musts be repaired within 24 hours of detection, and the parts to repair a leak must be installed within 48 hours after receiving them.

g. Storage of PCE.

1) Store all PCE and wastes containing PCE in a closed container; and

2) Drain cartridge filters in the housing or other sealed container for at least 24 hours before discarding the cartridges.

h. Recordkeeping Requirements. The following requirements are in addition to the requirements in section 3.11. Documents and records must be kept on-site at the dry cleaning facility for at least:

1) As long as the PCE dry cleaning and process vent control equipment or control systems are in operation:

a) Design specifications and operating manuals;

b) Maintenance plans;

c) Design specifications and operating manuals for any modifications to these systems.

2) Five years after the close of the business year.

a) A record of dates and results of all monitoring, inspections, and repairs of the PCE dry cleaning system;

b) A record of the amount of PCE purchased each month including the receipts for the PCE purchases;

c) A calculation of the amount of PCE used during the previous 12 months.

d) If a refrigerated condenser is used on a dry-to-dry machine, dryer, or reclaimer, a weekly record of the air temperatures measured at the outlet of the refrigerated condenser during the cool-down period to verify compliance with subsection 3.02D3i.

e) If a refrigerated condenser is used on a washer, a weekly record of the differences between the air temperatures measured at the inlet and outlet of the refrigerated condenser to verify compliance with subsection 3.02D3i.

f) If a carbon adsorber is used on a dry cleaning system, a weekly record of measuring the concentration of outlet PCE to verify compliance with subsection 3.02D3j.

i. Requirements for Refrigerated Condensers.

1) Have temperature sensors permanently installed prior to September 23, 1996, if the PCE dry cleaning system was built prior to December 9, 1991;

2) Have permanently installed temperature sensors that are accurate to within 2°F (1°C) (App. B) so the temperatures can be seen at all times;

3) Have an air temperature at the outlet of the refrigerated; condenser installed on a dry-to-dry machine, dryer or reclaimer 45°F (App. B) (7°C) during the cool-down period;

4) Have a difference in the air temperatures between the inlet and outlet of a refrigerated condenser installed on a washer 20°F (11°C).

5) Have a diverter valve which prevents air drawn into the dry cleaning machine from passing through the refrigerated condenser when the door of the machines is open; and

6) Must not release the air-PCE-vapor stream into the atmosphere while the dry cleaning machine drum is rotating or, if installed on a washer, until the washer door is opened.

j. Requirements for Carbon Adsorbers. Must meet all of the following requirements:

1) Have PCE measurements at the exhaust of the carbon adsorber 100 ppm (App. B); and

2) Weekly measure and record the concentration of PCE at the outlet of the carbon adsorber using a colorimetric detector tube that is accurate to within 25 ppm.

3) Begun monitoring temperature sensors by September 23, 1996, if the PCE dry cleaning was installed prior to December 9, 1991.

4. Additional Requirements for Major Area Sources.

a. If a dry cleaning system is located at a source which emits 10 tons or more of PCE annually, the source must meet additional requirements in 40 CFR Part 63, Subpart M; and

b. Must comply with sections 4.04 or 4.05.

3.03 OUTDOOR AND AGRICULTURAL BURNING

SECTION 5.01 - OUTDOOR BURNING

Outdoor burning in Yakima County shall, unless specifically exempted in Section 5.03(D), be conducted only by permit issued by the local responsible jurisdiction and shall be subject to the limitations set forth herein.

A. The issuance of outdoor burning permits for the following activities shall be governed by the Authority, local city, town or fire protection district in which such fire or fires are being conducted.

1. Residential Burning;

2. Outdoor burning of less than 500 tons of residue of natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects.

3. Agricultural burning as defined in WAC 173-430-030.

B. The issuance of permits for the following outdoor burning shall be governed by the Washington State Department of Natural Resources or by federal authorities for lands under federal control:

1. Abating of forest fire hazard;

2. Prevention of fire hazard;

3. Instruction of public officials in the method of forest fire fighting;

4. Any silviculture operation to improve the forest lands of the state;

5. All silvicultural burning used to promote regeneration of rare and endangered plants found within natural area preserves, as identified under Chapter 79.70 RCW or used to maintain fire dependent ecosystems for rare plants or animals within the state, federal and private natural park area preserves, natural resource conservation areas, parks and other wildlife areas.

C. Except as set forth in subsection 5.03(D) hereof, all other outdoor burning will be governed by permits issued by the Yakima County Clean Air Authority.

D. Except as set forth in subsection 5.03(D) hereof, it is a violation of these Regulations for any person to conduct outdoor burning without obtaining a permit from the responsible jurisdiction as set forth above.

E. Any person requesting a permit from a local responsible jurisdiction, such as local city, town, fire protection district, conservation district or the Authority, for an outdoor burning permit shall pay a fee as governed by the fee schedule of that agency then in effect. The fee schedule in effect for the Yakima County Clean Air Authority is as shown in Article XIII, Section 13.03 of this regulation.

SECTION 5.02 - REGULATIONS APPLICABLE TO ALL OUTDOOR BURNING

A. The Regulations in this Section are applicable to all outdoor burning whether conducted under the jurisdiction of the Yakima County Clean Air Authority, local cities, towns, fire protection districts or conservation districts, or the Department of Natural Resources.

1. It shall be unlawful for any person to ignite, cause or permit to be ignited or to suffer, allow or maintain any outdoor burning within the jurisdiction of any of the above authorities as provided in Section 5.01 and in addition thereto, it shall be unlawful and not within any of the exemptions of subsection 5.03(D) and Section 5.04 for any person to ignite, cause or permit or suffer to be ignited or allow or maintaining any outdoor burning within any of the jurisdictions described above as follows:

c. Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction debris, metal, or any substance other than natural vegetation that normally emits dense smoke or obnoxious odors.

b. During any forecast, alert, warning or emergency condition as defined in RCW 70.94.715.

c. During any impaired air quality condition as defined in RCW 70.94.473.

B. It shall be prima facie evidence that the person who owns or controls property on which outdoor burning occurs has allowed or caused such open fire.

SECTION 5.03 - REGULATIONS APPLICABLE TO ALL OUTDOOR BURNING WITHIN THE JURISDICTION OF THE YAKIMA COUNTY CLEAN AIR AUTHORITY, LOCAL CITIES, TOWNS, FIRE PROTECTION DISTRICTS AND CONSERVATION DISTRICTS

A. The Yakima County Clean Air Authority finds that it is consistent with its policy of reducing outdoor burning to the greatest extent possible to prohibit outdoor burning in certain areas subject to the exceptions as set forth in subsection 5.03(D) hereof.

B. Except as set forth in subsection 5.03(D) hereof, no outdoor burning shall be allowed in any area of Yakima County, Washington which exceeds federal or state ambient air quality standards for pollutants emitted by outdoor burning which includes the Yakima Urban Area and the city limits of the city of Selah, Washington.

C. Except as provided in subsection 5.03(D) hereof, outdoor burning shall not be allowed in any urban growth area as defined in RCW 36.70(a).030 and RCW 36.70(a).110, or in any city in the Authority's jurisdiction having a population greater than 10,000 persons if:

1. Such areas threaten to exceed state or federal air quality standards, and;

2. Alternative disposal practices consisting of a good solid waste management plan are reasonably available or practices eliminating production of organic refuse are reasonably available.

D. Outdoor burning shall be allowed without permit for:

1. Small outdoor fires on an occasional basis for ceremonial, religious, or cooking purposes or like social purposes;

2. Fires from barbecues, flares, torches, gas burners, incense burners and insect pots.

3. Structure fires for instruction in methods of fire fighting, conducted by fire districts or city fire department or any government controlled fire fighting agency, and outside any urban growth area as defined in RCW 36.70(a).030 and RCW 36.70(a).110, if all of the following conditions are met:

a. The fire conforms with any other permits, licenses, or approvals that are required;

d. The fire is not located in an area that is declared to be in an air pollution episode or any state of an impaired air quality as defined in RCW 70.,94.715 and 70.94.473;

e. Nuisance laws are applicable to the fire, including nuisances related to the unreasonable interference with the enjoyment of life and property and the depositing of particulate matter or ash on other property;

f. Notice of the fire is provided to the owners of property adjoining the property where the fire will occur, to the persons who potentially will be impacted by the fire;

g. Each structure that is proposed to be set on fire must be identified specifically as a structure to be set on fire. Each other structure on the same parcel of property that is not proposed to be set on fire must be identified specifically as a structure that is not proposed to be set on fire; and

h. Before setting a structure on fire, a good faith inspection is conducted to determine if materials containing asbestos are present, the inspection is documented in writing and forwarded to the Authority, and asbestos that is found is removed prior to the burning.

SECTION 5.04 - REGULATIONS APPLICABLE TO PERMITS ISSUED BY THE YAKIMA COUNTY CLEAN AIR AUTHORITY FOR ALL OTHER OUTDOOR BURNING

E. Outdoor burning permits will be issued by the Yakima County Clean Air Authority pursuant to restrictions and limitations on outdoor burning as set forth in these Regulations as follows:

1. Except as set forth in Section 5.03(D) hereof, agricultural burning to control diseases and insects or developments of physiological conditions conducive to increase crop yield.

a. All applications for permits to set fire for such agricultural burning shall be acted upon by the Authority within seven (7) days from the date such application is filed.

b. When burning is necessary to control disease or insect infestation and alternative methods are not available and the Yakima County Agricultural Extension Agency so certifies.

2. Except as set forth in Section 5.03(D) hereof, instruction in methods of fire fighting conducted by fire districts or city fire departments or any government controlled fire fighting agency.

F. Permits issued for burning under this Section shall be drafted to minimize emissions, including denial of permission to burn during periods of adverse meteorological conditions.

G. All permits issued by the Authority will contain conditions to insure that public interest in air, water and land pollution and safety to life and property is fully considered and will be designed to minimize air pollution as practicable.

D. All applications for permits must demonstrate that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life and property and no other reasonable alternative (as defined in the WAC 173-425) is available to successfully carry out the enterprise in which the applicant is engaged.

SECTION 5.05 - ADDITIONAL RESTRICTIONS ON OUTDOOR BURNING

All outdoor burning conducted pursuant to this Regulation shall be conducted between the hours of sunrise and sunset, except that burning for pest or disease control or for land clearing purposes, and of which the combustible material consists primarily of wood more than twelve (12) inches in diameter, may be conducted after sunset, but such fires shall not be ignited or fed after 12:00 noon on any day they are ignited. For the purpose of this provision a fire shall be deemed to be out and extinguished when there is not a visible flame coming from the fire.

A. No open burning shall be conducted when the Control Officer, acting on guidelines for air quality control which are hereafter established by the Board, has prohibited such burning by a curtailment call or Ecology has declared an Air Pollution Episode.

1. Any person or entity responsible for an open fire shall immediately proceed to extinguish such fire to prevent visible smoke when notified of the existence of an air pollution episode by any of the means set forth hereafter. Notice will be deemed sufficient to the public for all purposes of these Regulations after three (3) hours have elapsed from the time such notice has been delivered to and published by a newspaper of general circulation in the area where such limitation applies, or has been delivered to and broadcasted by a radio or television station serving the area, for a small fire and ten (10) hours for the remaining fires.

B. Any person responsible for fires set in accordance with this Section must abide by all rules and procedures set by other agencies having any jurisdiction over the practice of open burning.

A. purpose. To reduce and control outdoor and agricultural burning (App. A) and the resulting air pollution. (Chaps. 173-425 & 173-430 WAC)

B. applicability. (5.01B) Applies to all outdoor and agricultural burning on private, county, state, and federal land in Yakima County unless exempted or another public agency has an effective program in place for the control of outdoor and agricultural burning.

1. This section applies to burning requiring a written permit, a general rule permit, or exempted from permitting.

2. The agricultural burning portions of this section apply only to agricultural operations (App. A) and government agencies with burning requirements related to agriculture.

C. general provisions for all burning. The following applies to all outdoor and agricultural burning unless granted a limited exemption or waived by the APCO (App. B):

1. Prohibitions. Burning is prohibited in the following areas and conditions:

a. Woodsmoke Control Zone (App. A). Prohibited during burn bans (App. A). The area is described in app. H.

b. Urban Growth Areas (App. A) (5.03C). Prohibited after December 31, 2000, and sooner if alternate disposal methods are reasonably available in:

1) County-designated urban growth areas; or

2) Cities having a population greater than 10,000 people if: (5.03C)

a) Such The areas threaten to exceed state or federal air quality standards, and:

b) Alternative disposal practices consisting of a good solid waste management plan are reasonably available or practices eliminating production of organic refuse are reasonably available.

3) Except urban growth areas for cities which have a population less than 5,000 people that are neither within nor contiguous with a nonattainment or former nonattainment area shall stop allowing outdoor burning after December 31, 2006.

c. (5.03 B) Yakima urban area as described in app. H., the city of Selah, and the city of Sunnyside.

d. Sensitive Receptor Sites. Prohibited within 1/4 mile of a sensitive receptor site as defined in section 3.12.

e. Burn Ignition. If a permit is required in table 3.03-1 or 2 for any type of outdoor or agricultural burning, the fire shall not be ignited without first obtaining the permit.

f. Hours of Burning. (5.05) All burning shall be conducted between the hours of sunrise and sunset.

2. Requirements. (5.05)

a. Confirmation of Daily Burning Status. Prior to igniting the fire and each subsequent day, the person supervising the fire must confirm the burn ban status.

b. Demonstration of No Reasonable Alternative. (App. A) (5.04D) Anyone applying for a permit must demonstrate that there is no reasonable alternate for:

1) Safeguarding the environment; and

2) Economic viability.

c. Burning Without an Individual Permit.

1) Conditions. Burning is allowed without an individual permit or a general rule permit under the conditions shown in table 3.03-2.

2) Reporting. Prior to setting the fire, inform the authority of the location, quantity and type of material to burn, and duration for the burn.

d. Minimize Adverse Effects. All permits issued by the authority will must contain requirements to insure that public interest in air, water and land pollution and safety to life and property is fully considered and will must be designed to minimize air pollution as practicable. (5.04C) Permits shall be drafted to minimize emissions. This includinges the denial of permission to burn during periods of adverse meteorological conditions. (5.04B)

e. Supervision of the Fire. The fire must be supervised by a person who is responsible for and capable of extinguishing the fire. The fire must not be left unattended.

f. Cessation of Burning. (5.05A)

1) During Burn Bans. (5.02A1b&c) No open burning shall be done when the APCO (App. B) has declared an impaired air quality condition or ecology (App. B) has declared an air pollution episode as described in section 3.05.

2) Extinguishing the Fire. When burning is prohibited the person responsible for the fire must extinguish the fire.

3) Notification. Notification of the prohibition of burning is done by publishing a notice in a newspaper of general circulation in the area, and broadcasting the notice on radio or television stations.

4) Lapse Time.

a) Land clearing, storm and flood debris, and orchard removal burns shall be extinguished within eight hours of notification of a burn ban.

b) All other burns shall be extinguished within three hours of the notification.

g. Extinguished Fire. (5.05) A fire shall be considered extinguished when there is no visible flame or smoke coming from the fire, and the burned material can be handled with bare hands.

h. Additional Requirements. Additional requirements for various types of burning are listed in subsections 3.03D2, 3.03E2, and the footnotes for tables 3.03-1 & 2.

i. Requirements of Other Agencies. (5.05B) Any person responsible for fires must abide by all rules and procedures set by other agencies having any jurisdiction over outdoor and agricultural burning.

D. specific provisions for outdoor burning.

1. Prohibitions.

a. Materials. (WAC 173-425-040) (5.02A1a) Materials prohibited from burning:

1) Garbage,

2) Dead animals, or parts of dead animals,

3) Asphalt,

4) Petroleum products,

5) Paints,

6) Rubber products,

7) Plastics,

8) Paper other than what is necessary to start a fire,

9) Cardboard,

10) Treated wood,

11) Construction/demolition debris,

12) Metal, or

13) Any substance other than natural vegetation that normally emits dense smoke or obnoxious odors.

b. Hauled Material. Other than firewood for use in wood heaters (App. A), ceremonial fires, or recreational fires (App. A), material shall not be transported from a prohibited area for burning in subsection 3.03C1 for outdoor burning in another area.

2. Requirements.

a. All Outdoor Burning.

1) When the burn is primarily wood > (App. B) 12 in. dia., the burn must not be ignited or fed after 12:00 noon on the day ignited.

b. Residential Burning.

1) Location of Fire. Located on a non-combustible surface not less than 50 feet from buildings, fences, other combustible materials, and other fires.

2) Burn one pile at a time.

3) Pile size is smaller than 4 ft. x 4 ft. x 3 ft. high.

c. Storm and Flood Debris Burning.

1) Material proposed for burning was deposited by a storm that resulted in a declared emergency by a governmental authority.

2) The permit shall contain a time period for the burning.

3) The maximum time limit to obtain a permit for this type of burning is four years after the event that deposited the debris.

4) The following variables shall be considered in determining an appropriate maximum time limit after the flood event:

a) Size of the material and the amount of drying time needed to create good burning conditions with lower emissions; and

b) Time of year that the storm event occurred.

d. Structure Fires for Fire Fighting Training. (5.03D3)

1) Conforms with any other permits, licenses, or approvals that are required;

2) Not located in an area that is declared to be in an air pollution episode or impaired air quality.

3) Nuisance laws are applicable to the fire, including nuisances related to the unreasonable interference with the enjoyment of life and property and the depositing of particulate matter or ash on other property;

4) Notice of the fire is provided to the owners of property adjoining the property, and to the persons who potentially will be impacted;

5) On each parcel of land where an exercise is planned each structure to be burned or not burned must be identified to the authority, and;

6) A good faith inspection is conducted to determine if materials containing asbestos are present, the inspection is documented in writing and forwarded to the authority, and asbestos that is found is removed prior to the burning.

E. specific provisions for agricultural burning.

1. Prohibitions. No additional prohibitions..

2. Requirements.

a. A farmer must show that the burning is needed to meet a BMP (App. B), and there is no reasonably available practical alternative.

b. Burning is limited to natural vegetation.

c. Natural vegetation intended for agricultural burning may be transported to a stockpile site for drying and future burning providing there is no prohibition against burning at the stockpile site.

d. Burning must be done only when the wind will take the smoke away from roads, homes, population centers, and other public areas.

e. On the day planned for burning and prior to igniting a burn, provide the authority with the location, size, and type of material for each burn.

F. limited exemptions.

1. All Burning.

a. Individual Permit Required. The specific exemptions will be established in the permit after discussing the burn, the prohibitions, and the requirements with the proponent.

b. General Rule Permits and Permits Not Required. Limited exemptions are identified in subsections 3.03F2&3, table 3.03-1, and the footnotes for this table.

2. Outdoor Burning.

a. Diseased animals may be burned when a health officer orders the burning of all or part of the animal or other infected material to stop the spread of a disease infestation.

b. Dangerous materials may be burned when a fire protection authority orders the burning of dangerous materials because there is no approved alternative method of disposal.

c. Residential burning is granted a limited exemption from the requirement to demonstrate no reasonable alternative as required in subsection 3.03C2b.

3. Agricultural Burning. All exemptions are identified elsewhere.

G. waivers. The APCO (App. B) may grant a written waiver for a specific subsection if the waiver will:

1. Create no more air pollution than the alternatives required by the subsection; and

2. Create no adverse environmental, health, or public safety effects:.

3. The waiver document must contain:

a. The specific conditions of the waiver;

b. The duration of the waiver is limited to no more 30 consecutive days; and

c. The signature of the owner or operator of the property indicating agreement to the conditions of the waiver.

4. Waivers will not be extended.

H. program delegations. Table 3.03-2 shows which types of agencies or businesses the authority may use to implement outdoor and agricultural burning programs if the co-operating agency / business is agreeable to the controls in subsection 3.03H1&3..

1. Permitting by Other Agencies. A local, county, state, or federal agency may qualify for an residential and recreational outdoor burning permit program if:

a. The agency agrees to accept all of the outdoor burning program available for permitting as shown in table 3.03-2;

b. The agency enters into a written agreement with the authority to adopt and enforce the regulations of the authority;

c. The authority finds that agency program is as or more effective;

d. The agency provides annual reports by Feb. 1st of each year which describe:

1) Total number of permits issued;

2) Total number of complaints received;

3) Total number of NOV (App. B) issued;

4) Total number of penalties issued;

5) Total dollar receipts;

6) Suggestions for improvement of the program in the future; and

7) An estimate of the total amount of material burned.

2. General Rule Permits. General rule permits may be issued under section 4.07 when:

a. There is a limited use or risk of air pollution from the type of burning, or;

b. The type of burning is exempted from a written permit by the WCAA (App. B) or the WAC (App. B), but the authority believes some controls are needed to minimize air pollution.

3. Vending. Local, county, state, or federal governmental agencies or businesses may be delegated the authority to sell residential burning permits after agreeing to the administrative procedures for sale of the permits. Violations or non-performance of the agreement may result in the cancellation of the vending agreement or a citation issued under article 5.

4. Permitting by the Authority.

a. Additional information on outdoor and agricultural permits issued by the authority is in section 4.03.

b. Outdoor and agricultural burning fees are in app. F.

Table 3.03-1 Limited Exemptions for Outdoor and Agricultural Burning.

Yes - Limited exemption is granted, No - Limited exemption is not granted

N/A - Not Applicable because the authority does not regulate this type of burning

A number - See the corresponding footnote number at the bottom of the table for the type of exemption that is granted.

Footnotes for table 3.03-1:

1/ Shall be identified in a written permit issued by the authority.

2/ Shall be limited by a permit to those prohibited materials needed only for an effective training exercise.

3/ Training limited to an airport area.

4/ May contain uncontaminated petroleum products.

5/ Fueled only with charcoal, LP gas, or natural gas..

6/ When night burning is accepted by the ag task force (App. A) as a BMP (App. B).

7/ The user may need to justify the reason for burning in a prohibited area to the authority.

8/ The user may need to justify the reason for burning a prohibited material to the authority.

Table 3.03-2 Forms of Delegation for Various Types of Outdoor and Agricultural Burning.

N/A - Not Applicable because the authority does not regulate this type of burning

A number - See the corresponding footnote number at the bottom of the table for further explanation.

Footnotes for table 3.03-2:

1/ A permit shall be required if the proposed burn includes materials prohibited in subsection 3.03D1a. The purpose of the permit shall be to identify the prohibited materials, limit them to only those needed for the training exercise, and any air pollution from the exercise.

2/ The need for a permit is dependent on the planned type of non-structural training fire.

3/ Applies when only tumbleweeds are burned in the fire.

4/ Vendors shall not be authorized to issue permits for burns requiring a limited exemption

5/ May be used for specific types of agricultural burns.

3.04 WOODSTOVES AND FIREPLACES SOLID FUEL BURNING DEVICES (SFBD) WOOD HEATERS

A. Purpose (9.01) Without limiting the power of the Yakima County Clean Air Authority or its Director or Agents, the Authority states that it shall be its policy, to the extent that it is compatible with the enforcement of the regulations, to instruct and educate the public and violators of the hazards to health caused by woodsmoke, and to authorize educational materials concerning those dangers. To define a program to control and reduce woodsmoke emissions from wood heaters.

B. Applicability (New section) This section applies to any device which burns wood, wood products, or other nongaseous or nonliquid fuels and is rated less than one million Btu per hour.

C. limitations on sales, advertisement, and installation of solid fuel burning devices. wood heaters. (9.04)

A. After January 1, 1992, no used solid fuel burning devices shall be installed in new or existing buildings unless such device is either Oregon Department of Environment Quality Phase II or EPA certified, or a pellet stove either certified or exempt from certification by the EPA or a fireplace furnace with a letter of exemption from the Washington State Department of Ecology and the United States Environmental Protection Agency.

B. Solid Fuel Burning Devices.

After January 1, 1995, a person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away a solid fuel burning device unless it has been certified and labeled in accordance with procedures and criteria specified in "40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990, and meets the following particulate air contaminant emission standards and the test methodology of the EPA in effect on January 1, 1991, or an equivalent standard under any test methodology adopted by the EPA subsequent to such date:

5. Two and one-half (2 1/2) grams per hour for catalytic woodstoves; and

6. Four and one-half (4 1/2) grams per hour for all other solid fuel burning devices.

7. For purposes of this subsection, "equivalent" shall mean the emissions limits specified in this subsection multiplied by a statistically reliable conversion factor determined by ecology that relates the emission test results from the methodology established by the EPA prior to May 15, 1991, to the tests results from the methodology subsequently adopted by that agency.

C. Fireplaces.

After January 1. 1997, a person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away a factory built fireplace unless it meets the 1990 EPA standards for woodstoves or equivalent standard that may be established by he state building code council by rule. Subsection 9.04(A) shall not apply to fireplaces, including factory built fireplaces, and masonry fireplaces.

1. Restrictions on Sales, Advertisement, and Installation. Uncertified wood heaters shall not be sold, advertised, or installed. The enforcement of the installation requirements are the responsibility of other agencies.

2. Educational Materials. (9.04D) (WAC 173-433-110(5)) Persons Retailers who selling new solid fuel heating devices wood heaters shall distribute must provide and verbally explain educational materials to customers. purchasing new wood stoves describing when a stove can and cannot be legally used. The educational information should include information that opacity levels of ten percent or less can be achieved through proper operation. If necessary, the retailer should verbally explain the educational materials to assure that the purchaser understands the information.

3. Installation of Uncertified Wood Heaters. (OAPCA Reg 1, 8.15) (App. B) It is unlawful to install an uncertified wood heater, unless granted a limited exemption in subsection 3.04D, in new or existing buildings or structures. Uncertified wood heaters installed after January 1, 1992, are a violation of this subsection and must be promptly removed from the structure.

4. Sale and Disposal of Uncertified Wood Heaters. (OAPCA Reg 1, 8.17) When a wood heater is to be permanently removed from its location it shall be made inoperable. A removed wood heater shall not be sold, bartered, traded, or given away for a purpose other than recycling of the materials.

D. limited exemptions (9.04E) The following solid fuel devices wood heaters shall be are granted a limited exemption from the installation requirements of Section 9.04B of subsection 3.04C3:

1. Boilers;

2. Furnaces;

3. Cookstoves; Antique Wood Stoves and Heaters. Antique wood cookstoves and heaters manufactured prior to 1940 may be installed and used in the manner of their original design. (1997 UBC, Chap. 51-40-510.3 WAC) (App. B)..

4. Historic Sites. Any building or structure listed on the National Register of Historic Sites or on the Washington State Register of Historic Places is allowed to burn wood, coal, or wood products in the same manner when it was a functional facility. Use will not be permitted during a burn ban as described in section 3.05.

5. Existing Uncertified Wood Heater. Owners of an uncertified wood heater installed prior to January 1, 1992 may continue to use these devices at the original locations as long as they meet the provisions of the general requirements in subsection 3.04E.

E. general requirements.

1. Opacity. (9.02)

a. Opacity Standard. (9.02) No person owning, operating or in control of a residential It is a violation to operate a solid fuel burning device wood heater in a manner that emits a smoke plume exceeding shall cause, allow or discharge to the ambient air any emissions from such device which are of an opacity greater than twenty percent (20%) opacity for six consecutive minutes in any one-hour period. except for the purposes of public education, then the opacity level shall not be greater than ten percent (10%). except during the starting of a new fire for a period not to exceed twenty minutes in any four-hour period.

b. Test Method and Procedures. The authority will use the procedures specified in 40 CFR 60 Appendix A, Reference Method 9, Visual Determination of The Opacity of Emissions From Stationary Sources, to determine compliance with subsection 3.04E1.

2. Prohibitive Fuel Types (9.03) A person shall not cause or It is prohibited to allow any of the following materials to be burned in a solid fuel burning device wood heater:

a. Garbage;

b. Treated wood;

c. Plastic and plastic products;

d. Rubber products;

e. Animals; Dead animals, or parts of dead animals;

f. Asphaltic products;

g. Waste petroleum products;

h. Paints and chemicals, or;

i. Any substance, other than properly seasoned wood, Fuel which normally emits dense smoke or obnoxious odors.

3. Burning During Burn Bans. Wood heaters must not be used during a burn ban as describe in section 3.05. Smoke visible from a chimney, flue or exhaust duct constitutes evidence of unlawful operation. This presumption may be refuted by demonstration that the smoke was not caused by a wood heater. The provisions of this requirement are enforceable on a complaint or surveillance basis.

4. Nuisance Standards. (WAC 173-433-130)

a. Emissions detrimental to persons or property. It is prohibited to cause or allow the emission of any air contaminant from an identifiable wood heater, including any air contaminant not otherwise prohibited by this section, if the emission causes damage, loss or injury to the health, safety, or welfare of a person, plant or animal, or causes damage to property or business.

b. Odors. Any person who allows the generation of any odor from a wood heater to interfere with another property owner's use or enjoyment of his property must use recognized good practice and procedures to reduce these odors to a reasonable minimum.

F. prohibition of visible emissions during air pollution episode

3.05 BURN BANS (9.05)

A. purpose. To define the legal conditions for outdoor and agricultural burning and the use of wood heaters during burn bans (App. A).

B. applicability. Applies to all outdoor and agricultural and wood heater use unless exempted elsewhere in this section.

C. requirements.

1. Initiation of Burn Bans. Burn bans may be declared locally by the APCO (App. B) or for the state by the director of ecology or the governor.

a. Impaired Air Quality. This is a local designation which applies only to the woodsmoke control zone as defined in app. H. It indicates air contaminants above threshold levels.

1) The first or yellow stage indicates the presence of:

a) PM₁₀ (App. B) > an ambient level of 60 micrograms per cubic meter; or

b) CO (App. B) > an ambient level of eight ppm.

2) The second or red stage indicates the presence of PM₁₀ > an ambient level of 105 micrograms per cubic meter.

b. Air Pollution Episodes. Air pollution episodes are declared during meteorological conditions when there is a possible danger that normal operations at air contaminant sources will be detrimental to public health and safety.

1) Stages. The four stages of an air pollution episode are forecast, alert, warning, and emergency.

2) Declaration and Termination. The director of ecology may declare and terminate the first three stages. Only the governor may declare and terminate the emergency stage of an episode.

2. Required Action.

a. Outdoor and Agricultural Burning. Extinguish all burning as required in subsection 3.03C2 and do not ignite any burns.

b. Heating with a Wood Heater. (9.05A1) Any person in a residence or commercial establishment which has an adequate source of heat other than a SFBD wood heater shall burn the wood heater according to table 3.05-1.

c. Not use any SFBD whenever the Department of Ecology or the Authority has determined under RCW 70.94.715 that any Air Pollution Episode exists in that area.

b. Not use any solid fuel burning device except those which are either Oregon Department of Environmental Quality Phase II or United States Environmental Protection Agency certified or certified by the Department of Ecology under RCW 70.94.457(1) or a pellet stove either certified or issued an exemption by the United States Environmental Protection Agency in accordance with Title 40, Part 60 of the Code of Federal Regulations in the geographic area and for the period of time that a first stage of impaired air quality has been determined by the Department of Ecology or by the Yakima County Clean Air Authority. The geographic area affected by a first stage of impaired air quality is the Woodsmoke Control Zone as defined in Section 1.03(84). A first stage of impaired air quality is reached when particulates ten microns and greater in diameter are at an ambient level of 75 micrograms per cubic meter measured on a 24 hour average or when CO is at an ambient level of 8 parts of contaminant per million parts of air by volume measured on an 8 hour average.

d. Not use any solid fuel burning device, including those that meet the standards set forth in RCW 70.94.457, in any geographic area for the period of time that a second stage of impaired air quality has been determined by the Department of Ecology or the Yakima County Clean Air Authority. The geographic area affected by a second stage of impaired air quality is the Woodsmoke Control Zone as defined in Section 1.03 (84). A second stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of 90 micrograms per cubic meter measured on a 24 hour average or when CO is at an ambient level of 8 parts of contaminant per million parts of air by volume measured on an 8 hour average.

G. exemptions.

1. Outdoor and Agricultural Burning. There are no exemptions during a burn ban.

2. Wood Heater is the Only Heat Source. Homes or commercial establishments with no source of adequate heat other than a wood heater are exempt from the prohibition in this section. Adequate heat means a system that can maintain a temperature of 70F three feet off the floor in normally inhabited areas of a dwelling when the heater is operating as designed.

Table 3.05-1 Outdoor and Agricultural Burning and Wood Heater Use

Permitted During Burn Bans..

Yes - Burning or use is permitted, No - Burning or use is not permitted.

N/A - Not applicable

1/ Definitions of types of burning are in app. A.

2/ The legal description of the woodsmoke control zone is in app. H.

3.06 CHLOROFLUOROCARBONS STRATOSPHERIC OZONE-DEPLETING CHEMICALS (10.01)

A. purpose. To prevent the unnecessary release of stratospheric ozone-depleting chemicals. The Board recognizes that the release of chlorofluorocarbons into the atmosphere contributes to the destruction of stratospheric ozone and such destruction threatens plant and animal life. The Board further recognizes that unnecessary release of chlorofluorocarbons should be eliminated when such times as chlorofluorocarbon extraction equipment are readily available to local businesses and the Department of Ecology has adopted rules to control chlorofluorocarbon emission sources including performance specifications for chlorofluorocarbon extraction and/or recycling equipment

B. applicability.

1. General. All persons who manufacture, handle, store, use, or dispose of stratospheric ozone depleting chemicals.

2. Specific. Ozone-depleting chemicals are listed in section 602 of Title VI of the FCAA.

C. prohibition. The willful release of ozone-depleting chemicals is prohibited.

SECTION 5.08 - MINIMUM STANDARDS OR PROCEDURES FOR CERTAIN SOURCE CATEGORIES

3.07 ASBESTOS CONTROL (5.09E)

E. Asbestos.

No person shall remove or otherwise disturb asbestos, to the extent that asbestos fibers may become airborne, without notifying the Authority ten (10) business days prior to removal. If removal is necessary due to an emergency, the ten day waiting period may be waived by the Authority.

1. Private Residents.

Private homeowners, when removing friable asbestos materials from their normally occupied or will be normally occupied homes, may be required to remove the asbestos materials according to the National Emission Standard for Hazardous Air Pollutants (NESHAPS) as set forth in Title 40 Code of Federal Regulations part 61, as the same now exists or may be amended. Removal and disposal of non-friable asbestos materials shall be conducted in accordance with practices and procedures approved by the Authority.

2. Small Quantity Asbestos Material.

Asbestos Materials in quantities less than 160 square feet or 260 linear feet must be removed and disposed of according to practices and procedures approved by the Authority.

3. Commercial, Industrial or other sources.

No person shall demolish any commercial, institutional, or industrial building, or any residential facility constructed to house four (4) or more families without first performing a thorough inspection, to be conducted by a qualified expert to determine the quantities and types of asbestos materials present. If it is determined that such building contains asbestos, no person shall commence the demolition of such facility without complying with the requirements of NESHAPS, the Federal Rule stated in E (1) above.

4. Fees or Administrative Charges.

Fees associated with this subsection (5.09(E)) shall be in accordance with Article XIII, Section 13.04 of this regulation.

A. purpose. To control asbestos emissions from the disturbance of asbestos-containing materials (.*). (SCAPCA Art. IX, Sect. 9.01 9.08).

B. applicability. This section is applicable to the use, maintenance, renovation, or demolition of any facility (.*) or vessel with ACM (.*) or suspect ACM (.*). It also applies to any activity which could disturb ACM.

C. definitions. The following are the definitions for words and phrases used only in this section.

1. AHERA (App. B) Building Inspector. A person who has successfully completed the training requirements for a building inspector established by EPA (App. B) and whose certification is current.

2. AHERA Project Designer. A person who has successfully completed the training requirements for an abatement project designer established by EPA and whose certification is current.

3. Asbestos. The asbestiform varieties of actinolite, amosite, tremolite, chrysotile, crocidolite, or anthophyllite.

4. Asbestos-Containing Material (ACM). Any material containing more than one percent (1%) asbestos.

5. Asbestos Project. Any activity involving the abatement, renovation, demolition, removal, salvage, clean-up or disposal of ACM or ACM waste or any other action that disturbs or is likely to disturb any ACM. It does not include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other non-asbestos materials to seal or fill exposed areas where asbestos fibers may be released; or the removal of sealants, coatings, and mastic bound in asphalt roofing with no felt layers containing ACM.

6. Asbestos Survey. A written report describing an inspection using the procedures in EPA regulations, or an alternate method that has received the prior written approval from the APCO (App. B), to determine whether materials or structures to be worked on, renovated, removed, or demolished contain asbestos (.*).

7. Competent Person. A person who is capable of identifying asbestos hazards and selecting the appropriate asbestos control strategy; has the authority to take prompt corrective measures to eliminate the hazards; and has been trained and is currently certified in accordance with the standards established by the L&I (App. B), OSHA (App. B), or EPA. (App. B)

8. Component. Any equipment, pipe, structural member, or other item covered or coated with, or manufactured from ACM.

9. Demolition. Wrecking, razing, leveling, dismantling, or burning of a structure, and making the structure permanently uninhabitable or unusable.

10. Facility. Any institutional, commercial, public, industrial, or residential structure, installation, or building.

11. Friable Asbestos-Containing Material. ACM that, when dry, can be crumbled, disintegrated, or reduced to powder by hand pressure.

12. Leak-Tight Container. A dust and liquid tight container at least 6-mil thick that encloses ACM waste and prevents solids or liquids from escaping. Such containers may include sealed plastic bags, metal or fiber drums, and sealed polyethylene plastic bags.

13. Nonfriable Asbestos-Containing Material. ACM that, when dry, cannot be crumbled, disintegrated, or reduced to powder by hand.

14. Owner-Occupied, Single-Family Residence. Any non-multiple unit building containing living space that is currently occupied by one family who owns the property as their domicile. This includes houses, mobile homes, trailers, detached garages, houseboats, and houses with a "mother-in-law apartment" or "guest room".

15. Renovation. Altering a structure or component (.*) any way, other than demolition.

16. Suspect Asbestos-Containing Material. Material that has historically contained asbestos.

D. management of acm.

1. Condition.

a. ACM which is not likely to be disturbed by renovation (.*) or demolition (.*) does not have to be removed.

b. The ACM in these locations must be maintained in a stable and damage free condition to prevent asbestos emissions.

c. ACM in an unstable, friable condition needs to be removed, encapsulated, or enclosed.

2. Practices. Acceptable practices to insure stable ACM conditions are:

a. Avoiding the ACM by restricting access and/or signing;

b. Enclosing the ACM with a wall or other barrier;

c. Treating the ACM with a bridging encapsulation compound; or

d. Conducting periodic inspections to insure the ACM is still in a stable condition.

E. asbestos survey requirements.

1. Survey Requirements. Before doing any renovation or demolition an asbestos survey is required in the areas planned for work.

2. Renovation.

a. Asbestos survey (.*) must be performed by an AHERA building inspector (.*) except:

b. Surveys for an owner-occupied, single-family residence (.*) need not be performed by an AHERA building inspector.

3. Demolition. Survey must be performed by an AHERA building inspector.

4. Records.

a. Posting. Post a summary at the work site or communicate in writing to all persons who may come into contact with the material.

b. Retention. Retain a copy of all asbestos survey records for at least two years.

c. Maintenance. Record the condition and location of ACM remaining in the survey after completion of the work.

F. notification.

1. General Requirements. Work must not be done on any project which could disturb ACM unless a complete notification has been submitted to the authority on approved forms.

a. Duration of the project shall be commensurate with the amount of work.

b. Notification is not required for:

1) Asbestos projects involving less than 10 lf (App. B) or 48 sf (App. B) per structure of ACM in a calendar year.

2) Removal and disposal of caulking or window-glazing.

3) Renovation or demolition of detached sheds, garages, or out-buildings located at a owner-occupied single family dwelling.

c. Notification is required and the following apply:

1) The renovation or demolition of a facility (.*) or vessel containing ACM or suspect ACM (.*) more than the limits in subsection 3.07F1b(1).

2) A copy of the notification, all amendments, the asbestos survey, and any order of approval (App. A) for an alternate means of compliance must be available at all times at the asbestos project site.

3) Notification or amendment must be filed at least ten days prior to the planned start date.

4) A copy of all asbestos notification records must be retained for at least two years.

d. Multiple Projects. Notification for multiple asbestos projects may be filed on one form if:

1) Applies only to contiguous properties;

2) Work is performed by the same contractor; and

3) A work plan is submitted that includes:

a. A map of the structures;

b. The site address for each structure;

c. The amount and type of ACM in each structure;

d. The schedule for performing the asbestos project work.

e. Annual Notification. A property owner or owner's agent may file one annual notification for asbestos projects at one or more facilities in one calendar year if:

1) The notification applies only to a contiguous property;

2) The annual notification is filed before commencing work on any asbestos project; and

3) The total amount of ACM for all asbestos projects is less than 260 lf or 160 sf.

f. Duration. Notifications are valid for no more than twelve months from the original notification date. A new notification must be submitted for work performed beginning more than twelve months from the original notification start date.

2. Amendments.

a. Mandatory. Must be submitted for any of the following and must be accompanied by the appropriate fee.

1) Increase in the project type or job size that increases the fee; or

2) Changes in the type of ACM that will be removed; or

3) Changes in the start date, completion date, or work schedule, including hours or days of work.

b. Optional. May be submitted for any other change in a notification.

1) Submitted by phone or fax and there is a minimal effort required to review it, an amendment fee will not be charged.

2) Submitted in writing on notification forms, an amendment fee will be charged.

c. Opportunity. Will not be accepted after the completion date on record. If there is additional work after the completion date, a new notification must be submitted.

3. Emergencies.

a. The APCO may waive the advance notification period, if:

1) A sudden, unexpected event that resulted in a public health or safety hazard; or

2) The project must proceed immediately to protect equipment, ensure continuous vital utilities, or minimize property damage; or

3) ACM was encountered that was not identified during the asbestos survey; or

4) The project must proceed to avoid imposing an unreasonable financial burden.

b. A notification shall be filed not later than the first working day after the asbestos project is commenced and must be accompanied by a written request from the property owner demonstrating the need for the emergency project.

G. asbestos removal.

1. Renovation Projects. Except as provided in subsection 3.07I3, renovation work which does not remove ACM must:

a. Enclose or encapsulate the ACM in place; or

b. Leave the ACM in an unaltered and stable form.

2. Demolition Projects. Except as provided in subsection 3.07I3, work that could disturb ACM must not be done without first removing all ACM.

3. Exceptions.

a. Wrap and Cut Procedures. ACM need not be removed if the component is removed, stored for reuse or disposal, or transported without disturbing or damaging the ACM by wrapping and cutting out the component.

b. Hazardous Conditions. ACM need not be removed prior to demolition, if the property owner demonstrates that it is not accessible because of hazardous conditions.

1) Examples.

a) Facilities or vessels that are structurally unsound and in danger of imminent collapse, or

b) Other conditions that are immediately dangerous to life and health.

2) Documentation for Hazardous Conditions.

a) Submit written documentation of the hazard by an authorized government official or a licensed structural engineer, and

b) Submit procedures that will be followed for controlling emissions during demolitions and disposal of the ACM.

H. procedures for asbestos projects.

1. Training Requirements. Work must be performed by persons trained and certified in accordance with the standards established by L&I, OSHA, or EPA and whose certification is current. Subsection 3.07H1 does not apply to asbestos projects conducted in an owner-occupied, single-family residence performed by the resident owner.

2. Asbestos Removal Work Practices. The following are the requirements for ACM removal projects:

a. Conduct work in a controlled area, marked by barriers and asbestos warning signs.

b. Restrict access to authorized personnel.

c. Equip with transparent viewing ports when a negative pressure enclosure is used, if feasible.

d. Saturate absorbent materials with a liquid wetting agent prior to removal.

e. Wet unsaturated surfaces exposed during removal immediately.

f. Coat nonabsorbent materials continuously with a liquid wetting agent.

g. Metal components that have internal ACM do not require wetting if:

1) All access points are welded shut; or

2) Component has mechanical seals which cannot be removed by hand; and

3) ACM is separated from the environment.

h. Wet and seal all ACM waste (.*) in leak-tight containers as soon as possible after removal but no later than the end of each work shift.

g. The exterior of each leak-tight container must be free of all asbestos residue and shall be permanently labeled with an asbestos warning sign as specified by L&I or OSHA.

i. Immediately after sealing each leak-tight container shall be permanently marked with:

1) Date the material was collected for disposal;

2) Name of the waste generator; and

3) Address where the ACM waste was generated.

This marking must be readable without opening the container.

j. Leak-tight containers shall not be dropped, thrown, slid, or otherwise damaged.

k. The ACM waste must be stored in a controlled area until transported to an approved waste disposal site.

3. Removal of Nonfriable Asphalt ACM Roofing. The following asbestos removal methods must be employed for ACM roofing that has been determined to be nonfriable (.*) by a competent person (.*) or a AHERA building inspector:

a. The roofing must be removed using methods which do not render the material friable. Removal methods such as sawing or grinding must not be employed.

b. Dust control methods must be used as necessary to assure no fugitive dust is generated.

c.. The roofing must be carefully lowered to the ground to prevent fugitive dust.

d. After being lowered to the ground, the roofing must be immediately transferred to a disposal container.

e. Each disposal container must have a sign identifying the material as nonfriable ACM.

I. alternate means of compliance.

1. Friable ACM Removal. An alternate asbestos removal method may be employed for friable ACM (.*) if:

a. An AHERA project designer has evaluated the work area, the type of ACM, projected work practices, and engineering controls, and demonstrates to the APCO that the planned control method will be equally as effective as the work practices contained in subsection 3.07H;

b. The property owner or the owner's agent prepares an air monitoring plan which is approved in writing by the APCO; and

1) It is necessary to prevent unavoidable danger to workers or damage to equipment from wetting agents contacting high temperature steam lines or electrical components which can not be disconnected or de-energized during abatement.

2) Will be done as an alternate means of removal after all wet removal methods have been evaluated by an AHERA project designer; and

3) Prior written approval is granted by the APCO.

2. Nonfriable ACM. An alternate asbestos removal method may be employed for nonfriable ACM if:

a. A competent person or AHERA project designer has evaluated the work area, the type of ACM, the proposed work practices, and the engineering controls; and

b. The planned control method will be equally as effective as the work practices contained in subsection 3.07H in controlling asbestos emissions.

3. Leaving Nonfriable ACM in Place. Nonfriable ACM may be left in place during renovation or demolition if:

a. An AHERA project designer has evaluated the work area, the type of ACM, the proposed work practices, and the engineering controls; and

b. The ACM will remain nonfriable during all renovation or demolition activities and subsequent disposal of the debris.

4. Approval for Alternate Methods.

a. The APCO will issue an order of approval requiring conditions that are reasonably necessary to assure the planned control method is as effective as the work practices in subsection 3.07H.

b. The APCO may revoke the order of approval for cause.

J. disposal of acm waste.

1. Except as provided in subsections 3.07J3 and 3.07J4, it shall be unlawful for any person to dispose of ACM waste unless it is deposited within ten days of removal at an authorized waste disposal site.

2. Waste Tracking Requirements. It is unlawful for any person to dispose of ACM waste unless all of the following requirements are met:

a. Maintain shipment records starting prior to shipping the waste;

b. Use a form that includes all of the following information:

3) The name, address, and telephone number of the waste generator;

4) The approximate quantity in cubic meters or cubic yards;

5) The name and telephone number of the disposal site operator;

6) The name and physical location of the disposal site;

7) The date transported;

8) The name, address, and telephone number of the transporter; and

9) A certification that the contents of the consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition to transport by highway according to applicable waste transport regulations.

c. Provide a copy of the waste shipment record to the disposal site owner or operator at the same time the ACM waste is delivered.

d. Retain a copy of all waste shipment records for at least 2 years, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site.

3. Temporary Storage Site. A person may establish a facility to collect and store ACM waste if the facility is approved by the APCO and the following conditions are met:

a. Accumulated ACM waste is kept in a controlled storage area posted with asbestos warning signs and accessible only to authorized persons;

b. Stored in leak-tight containers which are maintained in leak-tight condition;

c. Stored in a locked area except during transfer of ACM waste;

d. Storage, transportation, disposal, and return of the waste shipment record to the waste generator shall not exceed 90 days.

4. Disposal of Asbestos Cement Pipe. Asbestos cement pipe may be buried in place if the pipe is left intact and covered with at least three feet or more of non-asbestos fill material.

K. fees. The current fees for asbestos notification are in app. F.

3.08 SPECIFIC DUST CONTROLS (New Section)

A. construction dust

1. Purpose. To control and reduce fugitive dust emissions from construction.

2. Applicability. Applies to any owner or operator engaged in the construction, repair, or demolition of any building; construction or maintenance of a road; site preparation work on a property.

3. Exemptions.

e. From Requirements in subsection 3.08A4. None.

f. From Submitting a Dust Control Plan.

1) A single family residence or duplex dwelling shall be exempt provided the site is not a phase of a project that involves more than one dwelling.

2) Projects causing complaints of dust emissions that result in a determination by the authority that reasonable precautions to prevent dust emissions are not being utilized shall not be exempt from the requirement for a dust control plan.

4. Requirements.

a. Visible Emissions. Sources are required to comply with subsection 3.01C1a.

g. Preventing Particulate Matter From Becoming Airborne. Sources are required to comply with subsection 3.01C1b.

h. Material Handling. Sources are required to comply with subsection 3.01C1c.

i. Emissions Detrimental to Persons or Property. Sources are required to comply with subsection 3.01C1e.

e. Fugitive Dust. Sources are required to comply with subsection 3.01C2c.

j. Water for Dust Control. (5.12D) Any person engaged in the doing construction, repair, remodeling or demolishing of any building; or engaging in any road construction or repair within any incorporated town or city in Yakima County, Washington, or within an area of one (1) mile of the city limits of the city of Yakima, Washington, or within one-quarter (1/4) of a mile of the city limits of any other town or city in Yakima County, Washington, shall take such measures as are reasonably necessary to reduce air pollution, including the use of water and the sprinkling of water to control dust so that the same is not emitted and deposited upon the property of others in quantities which unreasonably interfere with the enjoyment of their property. No work as above defined shall be commenced without having must have an adequate supply of water available at the job site in sufficient quantities to control dust air pollution at the time of commencement of such work. at all times.

k. Site or Project Dust Control Plans. Where the potential exists for fugitive dust emissions, an owner or operator must prepare a site dust control plan and submit it to the authority 15 days prior to the start of any work that will disturb soil stability, cover, or cause fugitive dust emissions.

1) Dust control plans must identify management practices and

operational procedures which will effectively control fugitive

dust emissions.

2) Contain the following information:

a) A detailed map or drawing of the site;

b) A description of the water source to be made available to the site, if any;

c) A description of preventive dust control measures to be

implemented, specific to each area or process;

d) A description of contingency measures to be implemented in the event any of the preventive dust control measures become ineffective;

e) A statement, signed by the owner or operator of the site, accepting responsibility for the implementation and maintenance of the dust control plan;

f) The name and telephone number of person(s) available 24 hours a day to mitigate any episodes of dust emissions; and

g) If the ownership or control of all or part of the site changes, the plan must be resubmitted by the new party and approved by the authority.

3) The authority will review the plan and either approve or require modification of the plan.

4) An owner or operator must implement effective dust control measures outlined in approved plans.

h. Master Dust Control Plan. As an alternative to a site dust control plan, an owner or operator may submit a master dust control plan that applies to more than one site or project. The master plan shall:

1) Address all the requirements in subsection 3.08A4g.

2) Provide for effective control of fugitive dust emissions to all sites and projects;

3) An additional notification is submitted as soon as possible, prior to the commencement of work, at any site or project covered by the master plan. The master plan or the additional notification shall:

a) Give the name and phone number of a person responsible for the implementation of dust control measures for each of the sites; and

b) Address any unique site qualities or project operations that would impair the effectiveness of dust control measures.

5. Additional Information. Additional information is available from the authority.

6. Fees. The fees for this subsection are in app. F.

B. feedlot dust

1. Purpose. To control and reduce fugitive dust emissions from cattle feedlots.

2. Applicability. Applies to any owner or operator of a beef or dairy replacement feedlot:

a. During the months of April through October; and

b. An average of 1,000 or more of cattle confined and fed; or

c. Any feedlot which receives a verified fugitive dust complaint.

3. Requirements.

a. Visible Emissions. Sources are required to comply with

subsection 3.01C1a.

b. Preventing Particulate Matter From Becoming Airborne. Sources are required to comply with subsection 3.01C1b.

c. Material Handling. Sources are required to comply with subsection 3.01C1c.

d. Odor. Sources are required to comply with subsection 3.01C1d.

e. Emissions Detrimental to Persons or Property. Sources are required to comply subsection 3.01C1e.

g. Fugitive Dust. Sources are required to comply with subsection 3.01C2c.

h. Dust Control Plans. Prepare and submit an annual dust control plan to the authority no later than April 15th. Dust control plans must include:

1) A map or drawing of the feedlot;

2) The operational capacity of the feedlot;

3) The maximum number of cattle which are confined;

4) The water available to the feedlot for dust control;

5) The site-specific features which could complicate or prevent implementation of BMPs (App. B);

6) Which BMPs will be used;

7) Where will the BMPs be used;

8) The equipment and materials to be used to implement a BMP; and

9) An operational plan and schedule to implement each BMP.

i. Plan Implementation.

1) The authority will approve or require modification of the plan within 30 days of receipt.

2) A feedlot operator must implement an approved dust control plan.

3) A feedlot operator may change practices from those in an approved dust control plan as long as the effectiveness of the plan is not reduced.

4. Additional Information. Additional information is available from the authority.

5. Fees. The fees for this subsection are in app. F

C. traction sanding dust. (SCAPCA, Art. VI, Sect. 6.14)

1. Purpose. To control and reduce fugitive dust emissions created by the application and use of traction sanding materials.

2. Applicability. This section applies to any state, county, city or local government or private company that purchases or applies traction sanding material in Yakima County and any company which supplies these materials.

3. Definitions:

a. Durability index means the percent loss of weight as determined using ASTM (App. B) "Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine", designated C131-89, or other approved ASTM procedure.

b. Percent fines means the percent material passing a #100 sieve as determined by the ASTM "Standard Method for Sieve Analysis of Fine and Coarse Aggregates", Designation C136-84a (1988) (American Highway and Transportation Officials designation T27-88), or other approved ASTM procedure.

c. Priority roadway means any street, arterial, or highway, within the urban growth areas of Yakima County with more than 15,000 average daily traffic count and any connecting entrance or exit ramp.

d. Recycled sanding materials means previously used sanding materials which have been collected from roadway or paved areas and are then re-used as is, after washing, or after blending with new sanding materials.

e. Traction sanding materials means natural geologic materials excluding salt and other de-icing chemicals.

4. Exemptions. Salt and chemical de-icing compounds are exempt from this subsection.

5. Materials Specifications.

a. Material Standards. New or recycled traction sanding materials which equal or exceed 3% fines and 25% durability index shall not be used.

b. Documentation. When requested by the authority, suppliers and users must provide documentation of laboratory tests confirming compliance with subsection 3.08C3a&b.

c. Contractual Requirements. After the effective date of this regulation, no user shall execute a contract for the purchase of traction sanding materials unless the contract includes standards at least as stringent as those set forth in subsection 3.08C3a&b.

6. Testing.

a. Supplier Testing Requirement.

1) Suppliers of sanding materials shall have tests performed by an approved laboratory (App. A) to determine the percent fines and durability index on representative samples of their traction sanding materials which are supplied to users.

2) The sampling and test frequency and methodology used shall ensure that the samples are representative and enable the supplier to certify to the user that the materials supplied for use will meet the requirements of the ASTM procedures in subsection 3.08C3a&b.

3) Test samples must be taken from the material after processing and not the pit source of the material.

b. User Requirements. Users of traction sanding material or their contractors, shall have at least one test performed by an approved laboratory to determine the percent fines and durability index on all recycled materials at least once for the first 250 tons of recycled materials used each season and at least once for every 500 tons of recycled materials used thereafter during the same season.

c. Testing Results. Users of traction sanding materials shall maintain copies of the testing results conducted, and if requested provide copies to the authority.

d. Authority Audits. The authority may enter the site of any user or supplier of traction sanding materials subject to this subsection for the purpose of obtaining a sample of sanding materials to determine if the materials meet the requirements this subsection.

e. Alternate Test Methods and Standards. Alternate percent fines and durability index test procedures may be approved by the authority should they be determined to provide a measure that is equivalent to the test procedures of this subsection.

7. Reporting.

a. Supplier Reporting Requirements. Prior to, or upon, delivery of sanding materials, suppliers shall provide the users of traction sanding materials a report demonstrating that the supplier has met all testing requirements of this subsection.

b. Annual Reports for Public Users. No later than Sept. 30th, of each year, governmental users of traction sanding material shall submit a report to the authority containing the following information from the preceding season;

1) The total amounts of new and recycled traction sanding material applied by the public user or contractors. The volume reported can be either tons or cubic yards, but the units of measure shall not change between annual reports.

2) Any other pertinent information.

3) A certification signed by a responsible official that;

a) The testing was done and reported to the user; and

b) All traction sanding material used complied with this subsection.

c. Authority Audits. All records generated under the provisions of this subsection shall be made available for inspection upon request by the authority.

8. Alternate Sanding Materials. Experimentation with new sanding materials may be approved by provided the authority finds that the impact of such experiments will not cause or contribute to a violation of the NAAQS (App. B) or subsection 3.01C1 or 3.01C2.

9. Fees. The fees for this subsection are in app. F.

D. road, highway, and parking lot sweeping. (SCAPCA Art. VI., Sect. 6.14)

1. Purpose. To control and reduce fugitive dust emissions created by the removal of traction sanding materials or cleaning paved surfaces.

2. Applicability. This section applies to any state, county, city or local government or private company that removes traction sanding material or cleans paved surfaces in the Yakima, Union Gap, Selah, Toppenish, Sunnyside, and Grandview urban growth areas.

3. Definitions. This subsection uses the same definitions as subsection 3.08C.

4. Standards.

a. Time for Removal of Traction Sanding Material. Cities listed in subsection 3.08D2, Yakima County, and the DOT (App. B), or their contractors, shall clean all priority roadways in an expeditious manner following each sanding event when road conditions are appropriate and safety and mobility requirements have been satisfied.

b. Equipment. Cleaning shall be accomplished with a scrubbing system equipped with a water spray bar, particulate filtering system, or more effective technique approved by the authority after October 1, 2001. When the cleaning equipment is equipped with water spray bars or particulate filtering systems, these systems shall be operational during all cleaning operations.

5. Annual Reporting Requirements. No later than Sept. 30th of each year any government agency or company doing road, highway, or parking lot sweeping will report to the authority the following information:

a. The total amount of material removed from roads, highways, or parking lots by the agency or contractors. This can be either tons or cubic yards, but the units of measure shall not change between annual reports.

b. Number of sweeping machines used by ownership.

c. Number of sweeping machines used by ownership equipped with water spray bars or particulate filtering systems.

d. Equipment acquisition or modification plans to replace machines not equipped with water spray bars or particulate filtering systems.

e. Any other pertinent information.

f. A certification signed by a responsible official that attests to:

1) Work was performed to the standards of this subsection.

2) Correctness of the report.

6. Fees. The fees for this subsection are in app. F.

E. dust from unpaved roads. (SCAPCA, Art. VI, Sect. 6.15)

1. Purpose. To control fugitive dust from unpaved roads and minimize the adverse health, safety, and nuisance impacts of this dust.

2. Applicability. The provisions of this subsection apply to:

a. All unpaved roads administered by the Yakima County, or cities or towns in Yakima County.

b. Any public, private, or NF system road open for passenger or light truck vehicle use where the vehicle use creates a violation of subsections 3.01C1 or 3.01C2.

3. Definitions.

a. Effective dust control means the management of the road surfacing to prevent fugitive dust emissions which endanger public health, safety, or create a nuisance as defined in subsection 3.01C1b.

3. Definitions.