POLLUTION CONTROL AUTHORITY
Date of Adoption: October 15, 1998.
Purpose: The purpose of these changes was to add a new section (SWAPCA 400-099) to document SWAPCA's per capita fee assessment as provided for under RCW 70.94.093 and to document necessary fee increases in both the per capita and New Source Review programs (SWAPCA 400-110).
Citation of Existing Rules Affected by this Order: Amending SWAPCA 400-099 and 400-110.
Statutory Authority for Adoption: RCW 70.94.093 and 70.94.141.
Adopted under notice filed as WSR 98-15-044 on July 8, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
March 3, 1999
Robert D. Elliott
Executive DirectorNEW SECTION
SWAPCA 400-099 Per Capita Fees
[Statutory Authority: Chapter 70.94.093 RCW]
Each component city or town and county shall pay such proportion of the supplemental income to the Authority as determined by either one of two methods as provided under RCW 70.94.093. The first method is based on the assessed valuation of property within such city or town and county limits bears to the total assessed valuation of taxable property within the jurisdiction of SWAPCA. The second method is based on the total population of such city or town and county bears to the total population of the jurisdiction of SWAPCA. In addition, a combination of the two methods is allowable provided that such combination is shared at 50 percent each. The SWAPCA Board of Directors has elected to use the second method based on population (per capita). The "per capita" assessment has been established at 30 cents per person for calendar year 1999 and is to include an ongoing annual adjustment based on the consumer price index. The population shall be determined by the most recent census, estimate or survey by the federal bureau of census or any state board or commission authorized to make such a census, estimate or survey.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
SWAPCA 400-110 New Source Review
[Statutory Authority: Chapter 70.94.141 RCW and 70.94.152 RCW. Original Board adoption 12/17/68 (Regulation 1 Sec 3); Amended by Board 12/18/79; Amended by Board 8/18/81; Amended by Board 3/20/84; 92-06-015 filed 2/25/92, effective 3/25/92; 93-21-004 filed 10/7/93, effective 11/8/93; 95-17-084 filed 8/21/95, effective 9/21/95]
(a) New Source Review (NSR) means that if the new source, modification or substantial alteration or replacement meets the definition of "new source" then that new source or modification must demonstrate that all applicable emission standards have been or will be met by the proposed modification or new source. A complete Notice of Construction application shall be submitted for each source required to submit an application under the requirements of this section. Confidential information shall be identified as set forth in SWAPCA 400-270.
Before the Authority may review a Notice of Construction application, a filing fee of
$75.00)) $300.00 and a review fee, as shown in Table A shall be submitted by the applicant. If
offsetting emission reductions or other types of review identified in Table B are required to be
performed by the Authority as a result of the proposed installation, alteration, or modification,
an additional review fee shall be paid. (Total Fee = Filing Fee+ Review Fee [Table A]
+ Additional Review Fee [Table B]).
Notice of Construction application review fees based on emissions are to utilize actual or
approved emissions, after controls, as supported by test data or emission factors, not potential to
emit. Other review fees as noted in the fee tables are based on design capacities of the source
equipment. Where a source may fall under multiple categories, only one fee per application
shall apply; Table A fees are not considered additive as they apply to an application. In general,
the fee determination shall be based on the primary emission unit or activity of the new,
modified or altered source.
Notice of Construction Application Review Fees
|i.||Fuel Burning Equipment||((|
|(Million Btu/hr heat input @ design capacity):||((|
|2 or more but less than 5||((||$300.00|
|5 or more but less than 10||((||400.00|
|10 or more but less than 30||((||550.00|
|30 or more but less than 50||((||700.00|
|50 or more but less than 100||((||1200.00|
|100 or more but less than 250||((||2,500.00|
|250 or more but less than 500||((||4,000.00|
|500 or more||((||6,000.00|
|ii.||Discharge from control equipment or from uncontrolled process equipment (Actual Cubic Feet per Minute - ACFM):|
|Less than 5||$((||300.00|
|5 or more but less than 5,000||((||400.00|
|5,000 or more but less than 20,000||((||500.00|
|20,000 or more but less than 50,000||((||600.00|
|50,000 or more but less than 100,000||((||700.00|
|100,000 or more but less than 250,000||1,000.00|
|250,000 or more but less than 500,000||2,000.00|
|500,000 or more||4,000.00|
|iii.||Refuse Burning Equipment (Incinerators)(Tons/day):|
|0.5 or more but less than 5||$((||500.00|
|5 or more but less than 12||1,000.00|
|12 or more but less than 250||3,000.00|
|250 or more||4,000.00|
|iv.||Storage Tanks, Reservoirs, or Containers (Gallons-total capacity):|
|(Other than gasoline or diesel fuel dispensing facilities)|
|250 or more but less than 10,000||$((||300.00|
|10,000 or more but less than 40,000||((||700.00|
|40,000 or more but less than 100,000||1,000.00|
|100,000 or more||2,000.00|
|v.||Gasoline Dispensing Facilities|
|Stages I & II, combined||((||500.00|
|Toxics review for gasoline facility||1500.00|
|vi.||Other (Not classified in Subsection i., ii., iii., or iv. above)||$((|
|vii.||Toxic Air Contaminants||$((|
|viii.||Major Source or Major Modification||$5,000.00|
|ix.||Synthetic minor application|
|(including, but not limited to: Title V, HAP)||Not to exceed $5,000.00|
|x.||Particulate Matter and Fugitive Emissions from Rock Crushing, Material Transfer and Ship Loading (Emissions - tons per year)|
|1.0 or more but less than or equal to 10||$((||300.00|
|More than 10 but less than or equal to 50||((||700.00|
|More than 50 but less than or equal to 100||1,000.00|
|More than 100 but less than 250||2,500.00|
|250 or greater||5,000.00|
|xi.||Modifications to an Existing Order||$((||300.00|
|xii.||Installation or Operation of a Temporary, Substitute or||$((||500.00|
Other Review Fees
|xiii.||Emission Offset Analysis or Bubble||$((||400.00|
|xiv.||Emission Reduction Credit (ERC) Application|
(Deposit or withdrawal)
|xv.||State Environmental Policy Act (SEPA) - Lead Agency||$1000.00|
|xvi.||Environmental Impact Statement (EIS) Review||$500.00|
(c) The Authority may require that:
(i) a Notice of Construction application be filed by the owner or operator of a proposed new source or modification,
(ii) the source meets all New Source Review requirements, and
(iii) an Order of Approval be issued by the Authority prior to the establishment of any new source or emission unit or modification, other than a single family or a duplex dwelling.(d) New Source Review of a modification shall be limited to the emission unit or units proposed to be added to an existing source or modified and the air contaminants whose emissions would increase as a result of the modification.
(e) New Source Review is not required for those sources whose facility wide combined emissions (potential to emit) do not exceed the limits specified in SWAPCA 400-101 or whose emission unit capacities are less than the minimum quantities specified in Table A of SWAPCA 400-110 (1)(a). The owner or operator of an exempt facility shall maintain sufficient documentation acceptable to the Authority to substantiate that the source is entitled to exemption under this section. An emission unit exempt from registration under SWAPCA 400-100 or 400-101 may be exempt from New Source Review requirements.
(f) New Source Review is not required when the following conditions are met:
(i) Performance of routine maintenance or repair that involves the replacement of like-in-kind air pollution control equipment or controls. This includes upgrades of parts or components where due to wear or breakage, parts or components must be replaced and exact replacement parts or components are no longer available from the original equipment manufacturer or after market vendors. In no case shall the replacement parts result in an increase in actual emissions above allowable emissions;
(ii) A process change is made that does not result in an emission of a different type not previously approved or an increase in capacity and total air pollutant emissions;
(iii) A process change is made that does not result in an emission of a different type of toxic air pollutant, as provided in SWAPCA 460, not previously approved and individual toxic air pollutant emissions do not exceed the Small Quantity Emission Rates specified in the Small Quantity Emission Rate tables in SWAPCA 460-080 (annual rate);
(iv) A raw material composition change that does not result in individual toxic air pollutant emissions that exceed the Small Quantity Emission Rates specified in the Small Quantity Emission Rate tables in SWAPCA 460-080 (annual rate);
(g) Any source required to submit a Notice of Construction application for New Source
Review is required to demonstrate that all applicable emission standards have been or will be
met by the proposed modification or new source. Examples of applicable emissions standards
may include, but not be limited to: RACT, BACT, LAER, BART, MACT, NSPS, NESHAPS,
and any ambient air quality standards as identified in Table C. Requirements for new and
modified sources and replacement or alteration of control equipment are further addressed in
SWAPCA 400-111, 400-112, 400-113, 400-114, and 400-151.
Emission Concentration Regulatory Standards and Significance Levels
|Class I |
|Carbon Monoxide||8-Hour||500||--||--||10,000b (9.0)||10,000b (9.0)||10,000b (9.0)|
|1-Hour||2,000||--||--||40,000b (35.0)||40,000b (35.0)||40,000b (35.0)|
|Nitrogen Dioxide (NO2) (WAC 173-475)||Annuala (arithmetic mean)||1||2.5||25||100 (0.05)||100 (0.05)||100 (0.05)|
|Ozone (O3) (WAC 173-475)||1-Houre||--||--||--||(0.12)||(0.12)||(0.12)|
(40 CFR Part 50)
(62 FR 38856)
|Sulfur Dioxide||Annuala||1||2||20||80 (0.03)||--||53 (0.02)|
|(SO2)||24-Hour||5||5||91||365b (0.14)||--||260b (0.10)|
|(WAC 173-474)||3-Hour||25||25||512||--||1,300b (0.50)||--|
|Total Reduced Sulfur (TRS)||1-Hour||--||--||--||--||--||--|
|Total Suspended Particulates (TSP)||Annuala (geometric mean)||1||5||19||75||60c||60|
|Particulate Matter less than 10 µm (PM10)||Annual (geometric mean)||1||--||17||50||50||50|
less than 2.5 µm
(40 CFR Part 50)
(62 FR 38652)
|µg/m3 = micrograms per cubic meter; ppm = parts per million|
a Never to be exceeded.
b Not to be exceeded more than once per year.
c This is not a standard, rather it is to be used as a guide in assessing whether implementation plans will achieve the 24-hour standard.
d Also, 0.25 ppm not to be exceeded more than twice in seven days.
e Not to be exceeded on more than 1 day per calendar year as provided in WAC 173-475
f Based on the three year average of the annual fourth-highest daily maximum 8-hour average ozone concentration at each monitor.
g Based on the 3-year average of annual arithmetic mean PM2.5 concentrations.
h Based on the 3-year average of the 98th percentile of 24-hour PM2.5 concentrations at each monitor within an area.
i Based on the 99th percentile of 24-hour PM10 concentrations at each monitor.
Annual standards never to be exceeded; short term standards not to be exceeded more than once per year unless otherwise noted.
Sources include the EPA New Source Review Workshop Manual, 40 CFR 52.21 and individual WAC Chapters.
(2) Completeness determination. Within thirty (30) calendar days of receipt of a Notice of Construction application, the Authority shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary, based upon review of information already supplied, to complete the application as provided under RCW 70.94.152. For a project subject to PSD review under SWAPCA 400-141 a completeness determination includes a determination that the application provides all information required to conduct PSD review. The Authority may request additional clarification of information submitted from the source after a completeness determination has been made for a Notice of Construction application.
(3) Final determination/Regulatory Orders.
(a) Within sixty (60) calendar days of receipt of a complete application, the Authority
shall either issue a final decision on the application or, for those projects subject to public notice,
issue a preliminary determination and initiate notice and comment procedures under SWAPCA
400-171 on a proposed decision, followed as promptly as possible by a final decision. An owner
or operator seeking to construct or modify a source that requires an operating permit may elect
to integrate review of the operating permit application or amendment required under RCW 70.94.161 and the Notice of Construction application required by this section. A Notice of
Construction application designated for integrated review shall be processed in accordance with
SWAPCA)) WAC 173-401 procedures and deadlines.
(b) Every final determination on a Notice of Construction application that results in the issuance of an Order of Approval by the Authority shall be reviewed and signed prior to issuance by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the Authority.
(c) If the new source is a major stationary source or the change is a major modification, the Authority shall submit any control technology determination(s) included in a final Order of Approval to the RACT/BACT/LAER clearinghouse maintained by EPA.
(4) Appeals. An Order of Approval, any conditions contained in an Order of Approval, the denial of a Notice of Construction application, or any other regulatory order issued by the Authority, may be appealed to the Board of Directors as specified in SWAPCA 400-220 of this regulation or appealed directly to the Pollution Control Hearings Board within 30 calendar days of receipt as provided in Chapter 43.21B RCW. The Authority shall promptly mail copies of each order approving or denying a Notice of Construction application to the applicant and to any other party who submitted timely comments on the application, along with a notice advising the parties of their rights of appeal to the Pollution Control Hearings Board and, where applicable, to the EPA Environmental Appeals Board.
(5) Portable sources. For portable sources which locate temporarily at particular sites, the owner(s) or operator(s) shall be allowed to operate at the temporary location without filing a Notice of Construction application for each location provided that:
(a) The source/emissions units are registered with the Authority.
(b) The source/emissions units have an Order of Approval as a portable source.
(c) The owner(s) or operator(s) notifies the Authority of intent to operate at the new location at least ten business days prior to starting the operation.
(d) The owner(s) or operator(s) supplies sufficient information including production quantities and hours of operation, to enable the Authority to determine that the operation will comply with the emission standards for a new source, and will not cause a violation of applicable ambient air quality standards and, if in a nonattainment area, will not interfere with scheduled attainment of ambient standards.
(e) The owner(s) and/or resident(s) of immediately adjacent properties shall be notified by the owner(s) or operator(s) of the portable source in writing at least 10 business days prior to commencement of operations at the proposed location with copies mailed to the Authority. Written notification to the adjacent landowners/residents shall be by certified mail with return receipt requested. Such written notification shall include a complete description of the proposed operation, the associated emissions control provisions and equipment, the total estimated project emissions, the name, address and phone number of the person in charge of the operation, and the address and phone number for SWAPCA. Written notification shall indicate that all comments shall be directed to the Authority.
(6) Compliance. Noncompliance with any emission limit, test requirement, reporting requirement or other requirement identified in a regulatory order issued pursuant to this section shall be considered a violation of this section.
(7) Expiration. Approval to construct or modify a stationary source shall become invalid if construction is not commenced within eighteen months after the date of issuance of an Order of Approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable time. The Authority may extend the eighteen-month period upon a satisfactory demonstration that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within eighteen months of the projected and approved commencement date. The Authority may specify an earlier date for commencement of construction in an Order of Approval.
(8) Temporary, Emergency, or Substitution Sources.
(a) A temporary source shall be considered to be a new source. The Authority may require that a Notice of Construction application and applicable review fees be submitted before reviewing a request for a temporary, emergency or substitution source. The Authority may provide approval for special situations for a source without meeting the requirements for New Source Review when one or more of the following conditions are met:
(i) The temporary source is needed to replace a previously approved similar source where the approved source is non-functional due to breakdown or other similar circumstances beyond the control of the owner or operator. This may include replacement steam or power supply units where facilities have an immediate need to continue production or service to public or private industries, or have a need for an extended or unscheduled shutdown of equipment that is of a duration not otherwise planned for. The Authority may provide written approval for a temporary source that may include but not be limited to emission limits, operational or maintenance requirements or limitations, monitoring and reporting requirements, and testing requirements. Installation of a temporary source due to poor or improper maintenance or operations is required to submit a Notice of Construction application for permanent replacement within 30 days of installation.
(ii) The temporary source is necessary to support public or private needs in the event of a local or regional disaster when proper planning could not be accommodated. In no event shall the temporary source be authorized for operations for durations greater than three months. Written approval shall be provided by the Authority that may contain but not be limited to: emission limits, operation and maintenance requirements and limitations, monitoring and reporting requirements, and testing requirements. For operations greater than three months the owner or operator shall submit a Notice of Construction application under New Source Review requirements (SWAPCA 400-110) for approval from the Authority.
(iii) The temporary source is a one time special need, urgent application, that can not otherwise be accommodated through the New Source Review process due to the critical nature of the source and time constraints. As a condition of approval under this expedited approval process, a new source of this type could not request to be allowed or expected to operate within the jurisdiction of the Authority for the following three years. Written approval shall be provided by the Authority that may contain but not be limited to: emission limits, operation and maintenance requirements and limitations, monitoring and reporting requirements and testing requirements. In no case shall approval be provided for operation greater than three months. For operations greater than three months, the owner or operator shall submit a Notice of Construction application under the New Source Review requirements of SWAPCA 400-110.
(b) An emergency source is the result of an emergency situation that could not otherwise be planned for. The Authority shall provide written approval for an emergency source provided that the owner or operator has provided sufficient documentation or demonstration of the need for the source to the satisfaction of the Control Officer. The written approval may include but not be limited to: emission limits, operation and maintenance requirements and limitations, monitoring and reporting requirements, and testing requirements. In no case shall approval be provided for operations greater than three months.
(c) A substitute source is the same as a temporary source as in (a) above. A substitute source may be of a different manufacturer and model number and size and may result in increased emissions from installation from previously approved equipment on a short term basis. The Authority shall provide written approval for a substitute source that may include but not be limited to: emission limits, operational or maintenance requirements or limitations, monitoring and reporting requirements, and testing requirements. In no event shall the substitute source be authorized for operations for durations greater than three months. For operations greater than three months, the owner or operator shall submit a Notice of Construction application under the New Source Review requirements of SWAPCA 400-110.
(9) Gasoline dispensing facilities.
(a) Owners or operators of gasoline dispensing facilities shall submit a Notice of Construction application for all new or upgraded facilities as defined in SWAPCA 491 prior to installation, construction or modification. New Source Review fees shall apply for all Notice of Construction applications as identified in SWAPCA 400-110. Installation of vapor control equipment and compliance schedules shall be as provided in SWAPCA 491. Applications for installation of Stage II equipment shall include a Stage I application if the tanks, spill/overfill collection, cathodic protection or Stage I controls are to be replaced, changed or modified as part of the Stage II activity.
(b) All gasoline vapor control equipment installed at gasoline dispensing facilities shall be certified by the California Air Resources Board (CARB) and shall have a CARB Executive Order issued for the vapor control equipment.
(c) Notice of Construction application for a gasoline dispensing facility shall be submitted to the Authority prior to installation, construction, or upgrade of gasoline dispensing equipment, control equipment, or facilities.
(d) The Authority shall provide written notification to the applicant within 30 calendar days of receipt of the application if the application is complete and in accordance with applicable requirements. An Order of Approval may not be issued for a Notice of Construction for gasoline dispensing facilities and the public notice and comment procedures may not be required if the Notice of Construction application provides for certified or approved equipment and controls as identified in (b) above. The applicant may begin construction, upgrade, or operation upon receipt of written notification of approval of the application from the Authority. Written approval from the Authority may contain additional testing, monitoring and reporting requirements.
(e) Within 10 calendar days of installation of a new facility, Stage I or Stage II controls, or upgrades as provided in SWAPCA 491-020, the owner or operator shall notify the Authority in writing that the activities as identified in the Notice of Construction and associated testing are complete. Test results shall be submitted to SWAPCA within 14 calendar days of testing.
(f) All new facilities with Stage I gasoline vapor recovery systems shall have a back pressure/blockage test performed at the time of installation to ensure proper connection and absence of leaks.
(g) All new installations of Stage II vapor recovery controls shall have a static pressure decay test performed at the time of installation in accordance with CARB draft TP-201.3 or an Authority approved equivalent. Identification of the test method shall be included in the Notice of Construction application and results of the testing shall be submitted to the Authority with the notification provided in (e) above. The Authority may specify other or additional test requirements in the written Order of Approval. This testing shall be performed annually by each new facility to ensure proper operation. Results of the testing shall be submitted to SWAPCA as provided in (e) above.
(h) All vacuum assisted Stage II vapor recovery controls shall be performance tested by performance of an air to liquid ratio test at the time of installation. Such testing is in addition to the back pressure/blockage testing and static pressure decay test of items (f) and (g) above and shall be performed in accordance with the CARB Executive Order certifying the equipment, CARB draft test procedure TP-201.5, or an Authority approved equivalent. Identification of the preferred test method shall be included in the Notice of Construction application and results of the testing shall be submitted to the Authority with the notification provided in (e) above. The Authority may specify other or additional test requirements in the written Order of Approval.
(i) Stage I and Stage II vapor recovery equipment shall be maintained in proper working order at all times. All Stage I and Stage II vapor recovery equipment shall be maintained in accordance with the CARB Executive Order(s) certifying the equipment or system. Whenever a Stage I or Stage II gasoline vapor recovery system or component is determined to be defective or not operating properly, the owner or operator shall immediately take the system out of service until repairs are made. Systems shall not be returned to service until the defective system is operating properly.
(j) Delivery rates for the gasoline dispensing systems shall be limited to the rates approved in the CARB Executive Order certifying the equipment or system, and in no case shall any delivery system exceed 10 gallons per minute as provided by EPA in the Federal Register, Volume 58, Number 55, page 16019.
(k) The owner or operator shall submit gasoline throughput figures annually (on a calendar basis) to the Authority by January 31 of each year.
(l) The owner or operator of a gasoline dispensing facility and/or the delivery person shall not permit the loading of gasoline into a gasoline storage tank equipped with vapor recovery fittings from a transport tank equipped with vapor recovery fittings unless the vapor recovery system is attached to the transport tank and operated satisfactorily at all times when fuel is unloaded.
(m) Pressure/vacuum valves shall be installed as required by the CARB Executive Orders that certify the particular Stage I or Stage II vapor recovery equipment. Relief set points shall be adhered to as provided in the applicable CARB Executive Orders and local fire ordinances.
(n) Any alteration of the equipment, parts, design, or operation of the nozzles or gasoline dispensing system as certified by CARB is prohibited, and shall not be performed without submittal of a Notice of Construction application and prior approval from the Authority.
(o) No person or entity shall sell, offer for sale, supply, offer for supply, dispense, transport, or introduce into commerce, for use as a fuel in any motor vehicle any gasoline which contains lead or lead additives after December 31, 1995 as provided at Section 211(n) of the 1990 Federal Clean Air Act Amendments.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Southwest Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.