PROPOSED RULES
POLLUTION AUTHORITY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Northwest Air Pollution Authority Regulation (NWAPA).
Purpose: To amend sections of the NWAPA regulation to provide more clarity for users, to update state and federal regulations adopted by reference, to increase the maximum civil penalty to adjust for inflation, to modify the allowable emission rate for gasoline terminals to be consistent with federal regulations and, repeal section 452 pertaining to motor vehicles due to a lack of jurisdiction for this source category.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Summary: Amendatory Sections: Section 104, update state and federal regulations that are adopted by reference to include recently promulgated NSPS and NESHAP regulations. The update also includes adopting by reference 40 C.F.R. parts 72-78 of the Acid Rain Program.
Section 133, increase the maximum civil penalty from $12,500 per day to $13,000 per day to account for inflation.
Section 200, removed definitions specific to outdoor burning. Add definitions related to new source review.
Section 300, clarify requirements for large projects and correct some references to the WAC. References to provisions in chapter 173-400 WAC shall be those as proposed in revisions from WSR 01-04-072 published on February 21, 2001.
Section 301, clarify requirements for portable or temporary sources. Identify new source review requirements for large projects proposed in nonattainment areas. References to provisions in chapter 173-400 WAC shall be those as proposed in revisions from WSR 01-04-072 published on February 21, 2001.
Section 324, clarify registration and new source review fee applicability. Add new source review fees for fuel burning sources, PSD applicability determinations and acid rain sources.
Section 580, require a more stringent VOC emission limit for gasoline terminal vapor control devices. This change reflects similar requirements for these facilities under federal NESHAP regulation 40 C.F.R. 63 subparts R and CC. Reference definitions of volatile organic compounds consistent with federal law.
Section to Repeal: Section 452, NWAPA does not have jurisdiction over motor vehicle emissions.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: James Randles, 1600 South Second Street, Mt. Vernon, 98273, (360) 428-1617 ext. 208.
Name of Proponent: Northwest Air Pollution Authority, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.
Proposal Changes the Following Existing Rules: See Summary above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: NWAPA Hearing Room, 1600 South Second Street, Mt. Vernon, WA 98273-5202, on June 14, 2001, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Susan Cosby by May 31, 2001, (360) 428-1617 ext. 200.
Submit Written Comments to: James Randles, 1600 South Second Street, Mt. Vernon, WA 98273-5202, fax (360) 428-1620, by June 14, 2001.
Date of Intended Adoption: June 14, 2001.
April 26, 2001
James Randles
Director
AMENDATORY SECTION
SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES
104.1 All provisions of State Law as it now exists or may
be hereafter amended, which is pertinent to the operation of the
Authority, is hereby adopted by reference and made part of the
Regulation of the Authority ((as of November 12, 1999)).
Specifically, there is adopted by reference the Washington State
Clean Air Act (RCW 70.94), the Administrative Procedures Act (RCW 34.04) and RCW 43.21A and 43.21B and the following state rules:
WAC 173-400, WAC 173-401, WAC 173-405, WAC 173-406, WAC 173-410,
WAC 173-415, WAC 173-420, WAC 173-421, WAC 173-422, WAC 173-425,
WAC 173-430, WAC 173-433, WAC 173-434, WAC 173-435, WAC 173-450,
WAC 173-460, WAC 173-470, WAC 173-474, WAC 173-475, WAC 173-480,
WAC 173-481, WAC 173-490, WAC 173-491, WAC 173-492, WAC 173-495,
and WAC 173-802.
104.2 All provisions of the following federal rules that
are in effect as of July 1, ((1999)) 2000 are hereby adopted by
reference and made part of the Regulation of the Authority ((as
of November 12, 1999)): 40 CFR Part 60 (Standards of Performance
For New Stationary Sources) subparts A, B, C, Cb, Cc, Cd, Ce, D,
Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na,
O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG,
HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, AAA,
BBB, DDD, FFF, GGG, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ,
RRR, SSS, TTT, UUU, VVV, WWW, AAAA, BBBB, CCCC, DDDD; and 40 CFR
Part 61 (National Emission Standards For Hazardous Air
Pollutants) Subparts A, B, C, D, E, F, H, J, L, M, N, O, P, V, Y,
BB, FF and 40 CFR Part 63 (National Emission Standards for
Hazardous Air Pollutants for Source Categories) Subparts A, B, C,
D, F, G, H, I, L, M, N, O, Q, R, S, T, U, W, X, Y, AA, BB, CC,
DD, EE, GG, HH, II, JJ, KK, LL, OO, PP, QQ, RR, SS, TT, UU, VV,
WW, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO,
PPP, TTT, VVV, XXX; and 40 CFR 72, 73, 74, 75, 76, 77 and 78
(Acid Rain Program)
Amended: April 14, 1993, September 8, 1993, December 8, 1993, October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996, March 13, 1997, May 14, 1998, November 12, 1998, November 12, 1999, June 14, 2001
AMENDATORY SECTION
SECTION 133 - CIVIL PENALTY
133.1 In addition to or as an alternate to any other
penalty provided by law, any person who violates any of the
provisions of Chapter 70.94 RCW, chapter 70.120 RCW, any of the
rules in force under such chapters, including the Regulation of
the Northwest Air Pollution Authority shall be liable for a civil
penalty in an amount of not more than ((twelve)) thirteen
thousand ((five hundred)) dollars ($ ((12,500)) 13,000) per day
per violation. Each violation shall be a separate and distinct
offense, and in the case of a continuing violation, each day's
continuance shall be a separate and distinct violation. Any
person who fails to take action as specified by an order shall be
liable for a civil penalty of not more than ((twelve)) thirteen
thousand ((five hundred)) dollars ($((12,500)) 13,000) for each
day of continued noncompliance.
AMENDED: November 14, 1984, April 14, 1993, September 8, 1993, October 13, 1994, February 8, 1996, November 12, 1998, November 12, 1999, June 14, 2001
AMENDATORY SECTION
SECTION 200 - DEFINITIONS
AMBIENT AIR MONITORING STATION - A station so designated by the
Control Officer for the purpose of measuring air contaminant
concentrations in the ambient air. The station location and
sampling probe locations shall be designated by the Control
Officer utilizing as a guide ((CFR Title)) 40 CFR Part 58,
Appendix "D" Network Design and Appendix "E" Probe Siting
Criteria.
ATTAINMENT AREA - Means a geographic area designated by EPA at 40 CFR Part 81 (in effect on July 1, 2000) as having attained the National Ambient Air Quality Standard for a given criteria pollutant. An area is in attainment for only the pollutants for which the area meets the NAAQS.
((LAND CLEARING BURNING - Means the burning of outdoor fires over
ten (l0) feet in diameter consisting of residue of a natural
character such as trees, stumps, shrubbery or other natural
vegetation in preparation of a land improvement or construction
project as distinguished from a forest harvest operation.))
[Added to Outdoor Burning Definitions - Section 501]
((LAND CLEARING OPERATION - The removal of trees, brush, grass and
buildings for disposal on the site in preparation of a land
improvement or construction project as distinguished from a
forest harvest operation.)) [Added to Outdoor Burning
Definitions - Section 501]
((NO BURN DAY - A day designated by the Control Officer, or
other duly authorized person, on which, due to atmospheric, or
other meteorological conditions, all outdoor fires are
prohibited.)) [Added to Outdoor Burning Definitions - Section
501]
NONATTAINMENT AREA - means a geographic area designated by the Environmental Protection Agency at 40 CFR Part 81 (in effect on July 1, 2000) as exceeding a National Ambient Air Quality Standard (NAAQS) for a given criteria pollutant. An area is nonattainment for only the pollutants that exceed the NAAQS.
OPERATING DAY - Means any time equipment operates within a consecutive 24-hour period.
((OUTDOOR BURNING - means the burning of any material in an open
fire or in a receptacle other than an incinerator, furnace, or
other combustion device approved in advance by the NWAPA.))
[Added to Outdoor Burning Definitions - Section 501]
((RESIDENTIAL BURNING - Means small outdoor fires, at a one
or two family residence, consisting of leaves, clippings, pruning
and other yard and gardening refuse originating on lands
immediately adjacent and in close proximity to a human dwelling
resulting from activities connected with said dwelling and burned
on such lands by the property owner or his designee.)) [Added to
Outdoor Burning Definitions - Section 501]
((SMALL OUTDOOR FIRE - Means a fire in a pile no more than four
(4) feet in diameter and three (3) feet in height.))
AMENDED: October 13, 1982, November 14, 1984, April 14, 1993, October 13, 1994, February 8, 1996, May 9, 1996, March 13, 1997, November 12, 1998, June 14, 2001
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 Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 300 - NEW SOURCE REVIEW
300.3 Except when part of a new major stationary source as
defined in WAC 173-400-030 or major modification as defined in
WAC 173-400-030 in a nonattainment area, the following air
contaminant sources do not need to submit a "Notice of
Construction and Application for Approval" approved by the
Authority prior to construction, installation, establishment, or
modification:
300.9 Control technology determinations issued pursuant to
((Title 40 Code of Federal Regulations)) 40 CFR part 63 subpart B
shall be administered in accordance with procedures specified
therein.
PASSED: November 12, 1998 Amended: November 12, 1999, March 9, 2000, June 14, 2001
AMENDATORY SECTION
SECTION 301 - ORDER OF APPROVAL - ORDER TO PREVENT CONSTRUCTION
301.8 Portable or temporary sources. For ((portable))
sources not exempted under 300.3, which locate temporarily at
particular sites within the Authority's jurisdiction, the
owner(s) or operator(s) shall be allowed to operate at the
temporary location without filing a notice of construction
application, providing:
a) The owner(s) or operator(s) notifies the Authority of the intent to operate within the jurisdiction of the Authority at least 15 days prior to starting operation and pays the appropriate fee identified in Section 324.1. Advanced notification may be waived by the Control Officer. Notification can be made after-the-fact for equipment utilized for emergency purposes, and
b) The owner(s) or operator(s) supplies sufficient information to enable the Authority to determine that the operation will comply with all applicable air pollution rules and regulations, and
c) The operation will not cause a violation of ambient air quality standards, and,
d) If the operation is in a nonattainment area, it shall not interfere with the scheduled attainment of ambient standards.
e) Permission to operate shall not exceed 90 operational
days in any calendar year anywhere within the jurisdiction of the
NWAPA. ((and)). The Authority may set specific conditions for
operating during that time period. No source shall continue to
operate beyond the allowable 90-day period unless an Order of
Approval to Construct has been issued by the Authority.
f) All asphalt and soil desorption plants shall have a valid Order of Approval to Construct from an air quality permitting organization in the State of Washington.
g) Portable or temporary sources shall comply with all applicable air pollution rules and regulations.
h) Based on source type and emission quantity portable or temporary sources may be subject to new source review at the discretion of the Control Officer.
i) Relocation to a new site within the NWAPA jurisdiction requires payment of a fee in accordance with Section 324.2.
301.9 No Order of Approval to Construct shall be issued for a new major stationary source or major modification in an attainment area unless the Notice of Construction and Application for Approval demonstrates compliance with the applicable sections of WAC 173-400-113. The definition of a "major stationary source" and "major modification" for the purposes of 301.9 shall be as defined in WAC 173-400-113.
301.10 No Order of Approval to Construct shall be issued for a new major stationary source or major modification in a nonattainment area unless the Notice of Construction and Application for Approval demonstrates compliance with the applicable sections of WAC 173-400-112. The definition of a "major stationary source" and "major modification" for the purposes of 301.10 shall be as defined in WAC 173-400-112.
PASSED: November 12, 1998 Amended: March 9, 2000, June 14, 2001
Reviser's note: The typographical error in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
SECTION 324 - FEES
324.1 Annual Registration Fees
a) The Authority shall levy fees as set forth in Section 324.1(b) below for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the program.
b) A source shall be assessed a late penalty in the amount of twenty-five percent (25%) of the registration fee for failure to pay the registration fee within 30 days after the due date. The late penalty shall be in addition to the registration fee.
c) Fees
| REGISTERED SOURCES | 2001 | 2002 | 2003 | |||
| Wastewater treatment plants w/sludge incinerators | $535 | $555 | $575 | |||
| Portable or temporary sources (( |
$320 | $330 | $340 | |||
| Permanent asphalt plants and soil desorption units | $640 | $660 | $680 | |||
| Odor source | $640 | $660 | $680 | |||
| Petroleum coke handling facility | $1,280 | $1,320 | $1,360 | |||
| Perchloroethylene dry cleaners | $160 | $165 | $170 | |||
| Gasoline stations and Bulk plants | $160 | $165 | $170 | |||
| Chrome plating | $160 | $165 | $170 | |||
| Volatile organic compound storage tanks | ||||||
| > or = 6000 gallons, < 40,000 gallons | $220 | $230 | $240 | |||
| > or = 40,000 gallons | $535 | $555 | $575 | |||
| Other sources as determined by the Control Officer | $160 | $165 | $170 | |||
| FOR SOURCES NOT LISTED ABOVE: | ||||||
| ACTUAL EMISSIONS OF TOTAL CRITERIA AND TOXIC AIR POLLUTANTS | ||||||
| < 10 tons per year | $160 | $165 | $170 | |||
| > or = 10 tons per year, < 25 tons per year | $800 | $825 | $850 | |||
| > or = 25 tons per year, < 50 tons per year | $1,595 | $1,645 | $1,695 | |||
| > or = 50 tons per year | $2,655 | $2,735 | $2,820 | |||
| ADDITIONAL FEES | ||||||
| Each source test |
$320 | $330 | $340 | |||
| Operation of a Continuous Emission or Opacity
Monitor (per (( |
$320 | $330 | $340 | |||
| Each source subject to NSPS or NESHAP (per
subpart) except dry cleaners, (( |
$535 | $555 | $575 | |||
| Synthetic minor designation | $535 | $555 | $575 | |||
| Odor source | $640 | $660 | $680 | |||
324.2 New Source Review Fees
a) Fees
| 2001 | 2002 | 2003 | ||||
| Filing fee | $110 | $115 | $120 | |||
| NSR FEES IN ADDITION TO THE FILING FEE: for each piece of equipment or control equipment | ||||||
| General (not classified below) | $535 | $555 | $575 | |||
| Fuel Burning Equipment (as an aggregate) | ||||||
| > or = 0.5 MM Btu/hr, but <10 MM Btu/hr | $270 | $280 | $290 | |||
| > or = 10 MM Btu/hr, but <100 MM Btu/hr | $1,065 | $1,100 | $1,135 | |||
| > or = 100 MM Btu/hr, but <250 MM Btu/hr | $10,600 | $10,920 | $11,250 | |||
| > or = 250 MM Btu/hr, but <500 MM Btu/hr | $15,920 | $16,400 | $16,900 | |||
| > or = 500 MM Btu/hr, but <1000 MM Btu/hr | $26,500 | $27,350 | $28,200 | |||
| > or = |
$42,450 | $43,720 | $45,100 | |||
| Minor Notice of Construction change | $270 | $280 | $290 | |||
| Asphalt plant | $800 | $825 | $850 | |||
| Coffee roaster | $270 | $280 | $290 | |||
| Dry cleaner and Chrome plater | $160 | $165 | $170 | |||
| Gasoline stations and Bulk plants | $320 | $330 | $340 | |||
| Refuse burning equipment | ||||||
| < 6 tons per day | $1,065 | $1,100 | $1,135 | |||
| > or = 6 tons per day, but < 12 tons per day | $3,185 | $3,285 | $3,385 | |||
| > or = 12 tons per day, but < 250 tons per day | $21,220 | $21,860 | $22,520 | |||
| > or = 250 tons per day | $42,440 | $43,715 | $45,030 | |||
| Paint spray booth | $160 | $165 | $170 | |||
| Volatile Organic Compounds storage tanks | ||||||
| < 40,000 gallons | $320 | $330 | $340 | |||
| > or = 40,000 gallons | $1,065 | $1,100 | $1,135 | |||
| Soil thermal desorption unit | $800 | $825 | $850 | |||
| Relocation of portable or temporary source to a new
site within the NWAPA jurisdiction |
$320 | $330 | $340 | |||
| Other sources as determined by the Control Officer | $160 | $165 | $170 | |||
| ADDITIONAL FEES | ||||||
| Synthetic minor determination (WAC 173-400091) | $800 | $825 | $850 | |||
| SEPA threshold determination (NWAPA lead agency, 14-day comment period) | $270 | $280 | $290 | |||
| Air toxics review | $430 | $445 | $460 | |||
| Major source, major modification, PSD thresholds | $2,125 | $2,190 | $2,260 | |||
| PSD applicability analysis | $3,200 | $3,300 | $3,400 | |||
| Each emission units subject to NSPS or NESHAPs per subpart (except dry cleaners & chrome platers) | $1,065 | $1,100 | $1,135 | |||
| Public notice (plus publication fee) | $220 | $230 | $240 | |||
| Public hearing (plus publication fee) | $535 | $555 | $575 | |||
| NOC applicability determination | $220 | $230 | $240 | |||
| Each CEM or alternate monitoring device installed | $535 | $555 | $575 | |||
| Each source test (per pollutant, per unit) required in NOC | $535 | $555 | $575 | |||
| Bubble application | $1,065 | $1,100 | $1,135 | |||
| Netting analysis | $535 | $555 | $575 | |||
| Non-exempt units under Title IV acid rain program | $2500 | $2600 | $2700 | |||
324.4 Issuance of Emission Reduction Credits. $500.00
324.5 New Source Review, filing, SEPA review, emission reduction credit, and other applicable fees may be reduced at the discretion of the Control Officer by up to 75 percent for existing sources implementing pollution prevention or undertaking voluntary and enforceable emission reduction projects.
PASSED: November 12, 1998
Amended: November 12, 1999, June 14, 2001
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Northwest Air Pollution Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
SECTION 452 - MOTOR VEHICLE VISUAL STANDARDS
AMENDATORY SECTION
SECTION 580 - VOLATILE ORGANIC COMPOUND CONTROL
580.4 - Gasoline Loading Terminals
580.42 It shall be unlawful for any person to cause or allow the loading of gasoline into any transport tank unless all the following conditions are met:
580.421 The loading terminal shall employ submerged loading or bottom loading and be equipped with a vapor control system.
580.422 All loading lines and vapor lines shall be equipped with vapor-tight fittings which close automatically upon disconnect. The point of closure shall be on the tank side of any hose or immediate connecting line.
580.423 All vapor return lines shall be connected between the transport tank and the vapor control system such that all displaced volatile organic compounds are vented to the vapor recovery system.
580.424 The vapor control system shall prevent the emission
of at least 90 percent by weight of the volatile organic
compounds and shall limit the emission of volatile organic
compounds to no more than ((35)) 10 milligrams per liter of
gasoline transferred. Compliance shall be demonstrated
biennially by conducting emission testing according to EPA Method
25 or another method approved by the Control Officer. Thirty
days advance notification is required.
580.425 The vapor control system shall be equipped with an appropriate alarm system to alert personnel when the system is not in compliance with 580.424. Prior approval by the Control Officer is required.
580.426 All loading arms shall be designed, maintained and operated to prevent overfill, prevent fugitive liquid or vapor leaks, and prevent excess gasoline drainage during disconnect in accordance with the requirements of 580.10.
PASSED: December 13, 1989
Amended: June 14, 2001