Date of Adoption: July 12, 2001.

     Purpose: To reduce the number of permit applications for sources with a de minimis impact on air quality; and to remove references to the notice of construction program from the spray-coating operations section.

     Citation of Existing Rules Affected by this Order: Amending Sections 6.03, 6.04, 6.09, 6.10, and 9.16 of Regulation I.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 01-11-101 on May 21, 2001.

     Changes Other than Editing from Proposed to Adopted Version: In 6.03 (a)(1), removed: "Subpart JJJ (Petroleum Dry Cleaners)."

     In 6.03 (a)(2), added: "Subpart B (Radon from Underground Uranium Mines), Subpart H (Emissions of Radionuclides other than Radon from Department of Energy Facilities), Subpart I (Radionuclides from Federal Facilities other than Nuclear Regulatory Commission Licensees and not covered by Subpart H), Subpart K (Radionuclides from Elemental Phosphorus Plants), Subpart Q (Radon from Department of Energy Facilities), Subpart R (Radon from Phosphogypsum Stacks), Subpart T (Radon from Disposal of Uranium Mill Tailings), Subpart W (Radon from Operating Mill Tailings)."

     In 6.03(b), added: "provided that a complete notification is filed with the Agency prior to initial startup."

     In 6.03 (b)(3), added: "All the conditions in the previously issued Order of Approval remain in effect." in place of "A copy of the Order of Approval is required in order to use this exemption."

     In 6.03(b), added: "(9) Replacement of existing paint spray booths."

     In 6.03 (c)(3)(C), removed: "<200 hours per year (plus an additional 100 hours per year for maintenance and testing)" and replaced it with "<500 hours per year."

     In 6.03 (c)(53)(A), replaced: "<2" with "<10" gallons.

     In 6.03 (c)(53), added: "(D) With a solvent capacity < 2 gallons and containing <5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof."

     In 6.03(c), added: "(54) Hand-wipe cleaning."

     In 6.03(c), added: "(62) Ovens associated with a coating operation that are used exclusively to accelerate evaporation, if any combustion equipment is also exempt. (Note: The coating operation is not necessarily exempt.)"

     In 6.03 (c)(94), added: "and <1,000 pounds per year of toxic air contaminants."

     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 0, Amended 0, 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: September 1, 2001.

July 17, 2001

James Nolan

Director - Compliance

REGULATION I SECTION 6.03 NOTICE OF CONSTRUCTION

     (a) It shall be unlawful for any person to cause or allow the establishment of a new source, or the replacement or substantial alteration of control equipment installed on an existing source, unless a "Notice of Construction application" has been filed and an "Order of Approval" has been issued under Section 6.07 of this regulation. The exemptions in Sections 6.03 (b) and (c) of this regulation shall not apply to: ((construction, installation, establishment, or modification of an air contaminant source, except those sources that are excluded in Section 6.03(b), unless a "Notice of Construction and Application for Approval" has been filed with and approved by the Agency.

     (b) Except when part of a new major source or major modification in a nonattainment area, or when constructing or reconstructing a major source of hazardous air pollutants, the following air contaminant sources do not need a "Notice of Construction and Application for Approval" approved by the Agency prior to construction, installation, establishment, or modification:

     (1) Ventilating systems, including fume hoods, not designed to prevent or reduce air contaminant emissions.

     (2) Fuel burning equipment that has a maximum input rate of:

     (A) less than 0.5 million Btu per hour (0.15 million joules per second) burning waste-derived fuel; or

     (B) less than 10 million Btu per hour (3 million joules per second) burning natural gas, propane, or butane; or

     (C) less than 1 million Btu per hour (0.3 million joules per second) burning any other fuel.

     (3) Insecticide, pesticide, or fertilizer spray equipment.

     (4) Internal combustion engines less than the size thresholds of the proposed United States Environmental Protection Agency (EPA) New Source Performance Standards (NSPS) 40 CFR Part 60 Subpart FF (Stationary Internal Combustion Engines, 44 FR 43152 7/23/79) or the promulgated EPA NSPS 40 CFR Part 60 Subpart GG (Stationary Gas Turbines).

     (5) Laboratory equipment used exclusively for chemical or physical analyses.

     (6) Laundry dryers without control equipment.

     (7) Dryers or ovens used solely to accelerate evaporation.

     (8) Routing, turning, carving, cutting, and drilling equipment used for metal, wood, plastics, rubber, leather, or ceramics which does not release air contaminants to the ambient air.

     (9) Storage tanks:

     (A) that do not store substances capable of emitting air contaminants; or

     (B) with a rated capacity of 1,000 gallons (3,780 liters) or less used for storage of gasoline; or

     (C) with a rated capacity of less than 10,000 gallons (38,000 liters) used for storage of volatile organic compounds; or

     (D) with a rated capacity of less than 40,000 gallons (150,000 liters) used for storage of volatile organic compounds with a true vapor pressure less than 0.01 kPa (0.002 psia).

     (10) Sanitary or storm drainage systems.

     (11) Welding, brazing, or soldering equipment.

     (12) Asphalt roofing and laying equipment (not including manufacturing or storage).

     (13) Restaurants and other retail food-preparing establishments.

     (14) Cold solvent cleaners using a solvent with a true vapor pressure less than or equal to 4.2 kPa (0.6 psia).

     (15) Retail printing operations (not including web presses).

     (16) Blasting equipment used at a temporary location to clean bridges, water towers, buildings, or similar structures.

     (17) Spray coating operations exempt under Section 9.16 (b)(1), (3), (4), (5), and (6) of this regulation.

     (18) Any source that has been determined through review by the Control Officer not to warrant a "Notice of Construction and Application for Approval", due to the minimal amount and nature of air contaminants produced and potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property. The owner or operator shall submit to the Control Officer, the information necessary to make this determination. The Control Officer shall notify the owner or operator in writing whether a "Notice of Construction and Application for Approval" is required for the source.

     (c) Each Notice of Construction and Application for Approval shall be submitted on forms provided by the Agency and shall be accompanied by a set of plans that fully describes the proposed source, the means for prevention or control of the emissions of air contaminants, the appropriate fee as required by Section 6.04, and any additional information required by the Board or Control Officer to demonstrate that the proposed source will meet the requirements of Section 6.07.

     (d) Within 30 days of receipt of a Notice of Construction and Application for Approval, the Agency shall notify the applicant in writing if any additional information is necessary to complete the application.))

     (1) Any project that qualifies as construction, reconstruction, or modification of an affected facility within the meaning of 40 CFR Part 60 (New Source Performance Standards), except for Subpart AAA (New Residential Wood Heaters), Subpart BB (Kraft Pulp Mills), and Subpart S (Primary Aluminum Reduction Plants); and for relocation of affected facilities under Subpart I (Hot Mix Asphalt Facilities) and Subpart OOO (Nonmetallic Mineral Processing Plants) for which an Order of Approval has been previously issued by the Agency;

     (2) Any project that qualifies as a new or modified source within the meaning of 40 CFR 61.02 (National Emission Standards for Hazardous Air Pollutants), except for Subpart B (Radon from Underground Uranium Mines), Subpart H (Emissions of Radionuclides other than Radon from Department of Energy Facilities), Subpart I (Radionuclides from Federal Facilities other than Nuclear Regulatory Commission Licensees and not covered by Subpart H), Subpart K (Radionuclides from Elemental Phosphorus Plants), Subpart Q (Radon from Department of Energy Facilities), Subpart R (Radon from Phosphogypsum Stacks), Subpart T (Radon from Disposal of Uranium Mill Tailings), Subpart W (Radon from Operating Mill Tailings), and for demolition and renovation projects subject to Subpart M (Asbestos);

     (3) Any project that qualifies as a new source as defined under 40 CFR 63.2 (National Emission Standards for Hazardous Air Pollutants), except for Subpart M (National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities), and Subpart LL (Primary Aluminum Reduction Plants);

     (4) Any new major source, even if a combination of exempt equipment;

     (5) Any new major source of hazardous air pollutants;

     (6) Any major modification, including those subject to the Prevention of Significant Deterioration requirements under WAC 173-400-113;

     (7) Any Phase II acid rain facility; and

     (8) Any source previously exempted from review that is cited by the Agency for causing air pollution under Section 9.11 of this regulation.

     (b) A Notice of Construction application and Order of Approval are not required for the following sources, provided that a complete notification is filed with the Agency prior to initial startup:

     Liquid Storage and Transfer

     (1) Storage tanks used exclusively for:

     (A) Gasoline and having a rated capacity of 1,001-19,999 gallons, PROVIDED THAT they are installed in accordance with the current California Air Resources Board Executive Orders;

     (B) Organic liquids with a true vapor pressure of 2.2-4.0 psia and having a rated capacity of 20,000-39,999 gallons; or

     (C) Organic liquids with a true vapor pressure of 0.5-0.75 psia and having a rated capacity ≥40,000 gallons.

     (2) Loading and unloading equipment used exclusively for the storage tanks exempted above, including gasoline dispensers at gasoline stations.

     Relocation of Portable Batch Plants

     (3) Relocation of the following portable facilities: asphalt batch plants, nonmetallic mineral processing plants, rock (or concrete) crushers, and concrete batch plants for which an Order of Approval has been previously issued by the Agency. All the conditions in the previously issued Order of Approval remain in effect.

     Dry Cleaning

     (4) Unvented, dry-to-dry, dry-cleaning equipment that is equipped with refrigerated condensers to recover the cleaning solvent.

     Printing

     (5) Non-heatset, web offset presses and wholesale, sheet-fed offset presses (lithographic or letterpress) using exclusively soy-based or kerosene-like oil-based inks, fountain solutions with ≤6% VOC by volume or ≤8.5% if refrigerated to <60°F, and cleaning solvents with a vapor pressure ≤25mm Hg or a VOC content ≤30% by volume.

     Water Treatment

     (6) Industrial and commercial wastewater evaporators (except flame impingement) used exclusively for wastewater generated on-site that meets all discharge limits for disposal into the local municipal sewer system (including metals, cyanide, fats/oils/grease, pH, flammable or explosive materials, organic compounds, hydrogen sulfide, solids, and food waste). A letter from the local sewer district documenting compliance is required in order to use this exemption.

     Sanding Equipment

     (7) Sanding equipment controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for mechanical or manual cleaning) or <12:1 (for pulse-jet cleaning).

     Ventilation and Control Equipment

     (8) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for mechanical or manual cleaning) or <12:1 (for pulse-jet cleaning).

     (9) Replacement of existing paint spray booths.

     Miscellaneous

     (10) Any source not otherwise exempt under Section 6.03(c) of this regulation that has been determined through review of a Notice of Construction application by the Control Officer not to warrant an Order of Approval because it has a de minimis impact on air quality and does not pose a threat to human health or the environment.

     (c) A Notice of Construction application and Order of Approval are not required for the following sources, provided that sufficient records are kept to document the exemption:

     Combustion

     (1) Fuel burning equipment (except when combusting pollutants generated by a non-exempt source) having a rated capacity:

     (A) <10 million Btu per hour heat input burning exclusively distillate fuel oil, natural gas, propane, butane (or any combination thereof);

     (B) <0.5 million Btu per hour heat output burning waste-derived fuel (including fuel oil not meeting the specifications in Section 9.08 of this regulation); or

     (C) <1 million Btu per hour heat input burning any other fuel.

     (2) All stationary gas turbines with a rated heat input <10 million Btu per hour.

     (3) Stationary internal combustion engines having a rated capacity:

     (A) <50 horsepower output;

     (B) Used solely for instructional purposes at research, teaching, or educational facilities; or

     (C) Portable or standby units operated <500 hours per year, PROVIDED THAT they are not operated at a facility with a power supply contract that offers a lower rate in exchange for the power supplier's ability to curtail energy consumption with prior notice.

     (4) Relocation of portable, stationary internal combustion engines or gas turbines for which an Order of Approval has been previously issued by the Agency.

     (5) All nonroad compression ignition engines subject to 40 CFR Part 89.

     Metallurgy

     (6) Crucible furnaces, pot furnaces, or induction furnaces with a capacity ≤1,000 pounds, PROVIDED THAT no sweating or distilling is conducted, and PROVIDED THAT only precious metals, or an alloy containing >50% aluminum, magnesium, tin, zinc, or copper is melted.

     (7) Crucible furnaces or pot furnaces with a capacity ≤450 cubic inches of any molten metal.

     (8) Ladles used in pouring molten metals.

     (9) Foundry sand-mold forming equipment.

     (10) Shell core and shell-mold manufacturing machines.

     (11) Molds used for the casting of metals.

     (12) Die casting machines with a rated capacity ≤1,000 pounds that are not used for copper alloys.

     (13) Equipment used for heating metals immediately prior to forging, pressing, rolling, or drawing, if any combustion equipment is also exempt.

     (14) Forming equipment used exclusively for forging, rolling, or drawing of metals, if any combustion equipment is also exempt.

     (15) Heat treatment equipment used exclusively for metals, if any combustion equipment is also exempt.

     (16) Equipment used exclusively for case hardening, carburizing, cyaniding, nitriding, carbonitriding, siliconizing, or diffusion treating of metals, if any combustion equipment is also exempt.

     (17) Atmosphere generators used in connection with metal heat-treating processes.

     (18) Sintering equipment used exclusively for metals other than lead, PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.

     (19) Welding equipment and oxygen/gaseous fuel cutting equipment.

     (20) Soldering or brazing, or equipment, including brazing ovens.

     (21) Equipment used exclusively for surface preparation, passivation, deoxidation, and/or stripping that uses materials containing ≤50 grams of VOC per liter, or containing exclusively formic acid, acetic acid, phosphoric acid, sulfuric acid, ≤12% hydrochloric acid, alkaline oxidizing agents, hydrogen peroxide, salt solutions, sodium hydroxide, and/or water and associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment. (This exemption does not include anodizing, hard anodizing, chemical milling, circuit board etching using ammonia-based etchant, electrocleaning, or the stripping of chromium, except sulfuric acid and/or boric acid anodizing with a total bath concentration of ≤20% by weight and using ≤10,000 amp-hours per day, or phosphoric acid anodizing with a bath concentration of ≤15% by weight of phosphoric acid and using ≤20,000 amp-hours per day.)

     (22) Equipment used exclusively for electrolytic plating (except the use of chromic and/or hydrochloric acid) or electrolytic stripping (except the use of chromic, hydrochloric, nitric, or sulfuric acid) of brass, bronze, copper, iron, tin, zinc, precious metals, and associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment.

     Ceramics and Glass

     (23) Kilns used for firing ceramic-ware or artwork, if any combustion equipment is also exempt.

     (24) Porcelain enameling furnaces, porcelain enameling drying ovens, vitreous enameling furnaces, or vitreous enameling drying ovens, if any combustion equipment is also exempt.

     (25) Hand glass melting furnaces, electric furnaces, and pot furnaces with a capacity ≤1,000 pounds of glass.

     (26) Heat-treatment equipment used exclusively for glass, if any combustion equipment is also exempt.

     (27) Sintering equipment used exclusively for glass PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.

     Plastics and Rubber and Composites

     (28) Equipment used exclusively for conveying and storing plastic pellets.

     (29) Extrusion equipment used exclusively for extruding rubber or plastics where no organic plasticizer is present, or for pelletizing polystyrene foam scrap.

     (30) Equipment used for extrusion, compression molding, and injection molding of plastics, PROVIDED THAT the VOC content of all mold release products or lubricants is ≤1% by weight.

     (31) Injection or blow-molding equipment for rubber or plastics, PROVIDED THAT no blowing agent other than compressed air, water, or carbon dioxide is used.

     (32) Presses or molds used for curing, post-curing, or forming composite products and plastic products, PROVIDED THAT the blowing agent contains no VOC or chlorinated compounds.

     (33) Presses or molds used for curing or forming rubber products and composite rubber products with a ram diameter ≤26 inches, PROVIDED THAT it is operated at ≤400°F.

     (34) Ovens used exclusively for the curing or forming of plastics or composite products, where no foam-forming or expanding process is involved, if any combustion equipment is also exempt.

     (35) Ovens used exclusively for the curing of vinyl plastisols by the closed-mold curing process, if any combustion equipment is also exempt.

     (36) Equipment used exclusively for softening or annealing plastics, if any combustion equipment is also exempt.

     (37) Hot wire cutting of expanded polystyrene foam and woven polyester film.

     (38) Mixers, roll mills, and calendars for rubber or plastics where no material in powder form is added and no organic solvents, diluents, or thinners are used.

     Material Working and Handling

     (39) Equipment used for buffing (except tire buffers), polishing, carving, cutting, drilling, grinding, machining, planing, pressing, routing, sawing, stamping, or turning of wood, ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, fiberboard, masonry, glass, silicon, semiconductor wafers, carbon, graphite, or composites.

     (40) Hand-held sanding equipment.

     (41) Sanding equipment controlled by a fabric filter with an airflow of <2,000 cfm.

     (42) Equipment used exclusively for shredding of wood (e.g., tub grinders, hammermills, hoggers), or for extruding, pressing, handling, or storage of wood chips, sawdust, or wood shavings.

     (43) Paper shredding and associated conveying systems and baling equipment.

     (44) Hammermills used exclusively to process aluminum and/or tin cans.

     (45) Tumblers used for the cleaning or deburring of metal products without abrasive blasting.

     Abrasive Blasting

     (46) Portable abrasive blasting equipment used at a temporary location to clean bridges, water towers, buildings, or similar structures, PROVIDED THAT any blasting with sand (or silica) is performed with ≥66% by volume water.

     (47) Portable vacuum blasting equipment using steel shot and vented to a fabric filter.

     (48) Hydroblasting equipment using exclusively water as the abrasive.

     (49) Abrasive blasting cabinets vented to a fabric filter, PROVIDED THAT the total internal volume of the cabinet is ≤100 cubic feet.

     (50) Shot peening operations, PROVIDED THAT no surface material is removed.

     Cleaning

     (51) Non-refillable, hand-held aerosol spray cans of solvent.

     (52) Steam-cleaning equipment.

     (53) Unheated liquid solvent tanks used for cleaning or drying parts:

     (A) With a solvent capacity ≤10 gallons;

     (B) Using a solvent with a true vapor pressure ≤0.6 psi containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof; or

     (C) With a remote reservoir and using a solvent containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof; or

     (D) With a solvent capacity ≤2 gallons and containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof.

     (54) Hand-wipe cleaning.

     Coating, Resin, and Adhesive Application

     (55) Powder-coating equipment.

     (56) Portable coating equipment and pavement stripers used exclusively for the field application of architectural coatings and industrial maintenance coatings to stationary structures and their appurtenances or to pavements and curbs.

     (57) High-volume low-pressure (HVLP) spray-coating equipment having a cup capacity ≤8 fluid ounces, PROVIDED THAT it is not used to coat >9 square feet per day and is not used to coat motor vehicles or aerospace components.

     (58) Airbrushes having a cup capacity ≤2 fluid ounces and an airflow of 0.5-2.0 cfm.

     (59) Hand-held aerosol spray cans having a capacity of ≤1 quart of coating.

     (60) Spray-coating equipment used exclusively for application of automotive undercoating materials with a flash point >100°F.

     (61) Ovens associated with an exempt coating operation, if any combustion equipment is also exempt.

     (62) Ovens associated with a coating operation that are used exclusively to accelerate evaporation, if any combustion equipment is also exempt. (Note: The coating operation is not necessarily exempt.)

     (63) Radiation-curing equipment using ultraviolet or electron beam energy to initiate a chemical reaction forming a polymer network in a coating.

     (64) Hand lay, brush, and roll-up resins equipment and operations.

     (65) Equipment used exclusively for melting or applying of waxes or natural and synthetic resins.

     (66) Hot-melt adhesive equipment.

     (67) Any adhesive application equipment that exclusively uses materials containing <1% VOC by weight and <0.1% HAP.

     (68) Equipment used exclusively for bonding of linings to brake shoes, where no organic solvents are used.

     Printing

     (69) Retail, sheet-fed, non-heatset offset presses (lithographic or letter-press).

     (70) Presses using exclusively UV-curable inks.

     (71) Presses using exclusively plastisols.

     (72) Presses using exclusively water-based inks (<1.5 lb VOC per gallon, excluding water, or <10% VOC by volume) and cleaning solvents without VOC.

     (73) Presses used exclusively for making proofs.

     (74) Electrostatic, ink jet, laser jet, and thermal printing equipment.

     (75) Ovens used exclusively for exempt printing presses, if any combustion equipment is also exempt.

     Photography

     (76) Photographic process equipment by which an image is reproduced upon material sensitized by radiant energy, excluding equipment using perchloroethylene.

     Liquid Storage and Transfer

     (77) Storage tanks permanently attached to a motor vehicle.

     (78) Storage tanks used exclusively for:

     (A) Liquefied gases, including any tanks designed to operate in excess of 29.7 psia without emissions;

     (B) Asphalt at a facility other than an asphalt roofing plant, asphalt processing plant, or petroleum refinery;

     (C) Any liquids (other than asphalt) that also have a rated capacity ≤1,000 gallons;

     (D) Organic liquids (other than gasoline or asphalt) that also have a rated capacity <20,000 gallons;

     (E) Organic liquids (other than asphalt) with a true vapor pressure <2.2 psia (e.g., ASTM spec. fuel oils and lubricating oils) that also have a rated capacity <40,000 gallons;

     (F) Organic liquids (other than asphalt) with a true vapor pressure <0.5 psia that also have a rated capacity ≥40,000 gallons;

     (G) Sulfuric acid or phosphoric acid with an acid strength ≤99% by weight;

     (H) Nitric acid with an acid strength ≤70% by weight;

     (I) Hydrochloric acid or hydrofluoric acid tanks with an acid strength ≤30% by weight;

     (J) Aqueous solutions of sodium hydroxide, sodium hypochlorite, or salts, PROVIDED THAT the surface of the solution contains ≤1% VOC by weight;

     (K) Liquid soaps, liquid detergents, vegetable oils, fatty acids, fatty esters, fatty alcohols, waxes, and wax emulsions;

     (L) Tallow or edible animal fats intended for human consumption and of sufficient quality to be certifiable for United States markets;

     (M) Water emulsion intermediates and products, including latex, with a VOC content ≤5% by volume or a VOC composite partial pressure of ≤0.1 psi at 68°F; or

     (N) Wine, beer, or other alcoholic beverages.

     (79) Loading and unloading equipment used exclusively for the storage tanks exempted above.

     (80) Loading and unloading equipment used exclusively for transferring liquids or compressed gases into containers having a rated capacity <60 gallons, except equipment transferring >1,000 gallons per day of liquid with a true vapor pressure >0.5 psia.

     (81) Equipment used exclusively for the packaging of sodium hypochlorite-based household cleaning or pool products.

     Mixing

     (82) Mixing equipment, PROVIDED THAT no material in powder form is added and the mixture contains <1% VOC by weight.

     (83) Equipment used exclusively for the mixing and blending of materials at ambient temperature to make water-based adhesives.

     (84) Equipment used exclusively for the manufacture of water emulsions of waxes, greases, or oils.

     (85) Equipment used exclusively for the mixing and packaging of lubricants or greases.

     (86) Equipment used exclusively for manufacturing soap or detergent bars, including mixing tanks, roll mills, plodders, cutters, wrappers, where no heating, drying, or chemical reactions occur.

     (87) Equipment used exclusively to mill or grind coatings and molding compounds in a paste form, PROVIDED THAT the solution contains <1% VOC by weight.

     (88) Batch mixers with a rated working capacity ≤55 gallons.

     (89) Batch mixers used exclusively for paints, varnishes, lacquers, enamels, shellacs, printing inks, or sealers, PROVIDED THAT the mixer is equipped with a lid that contacts ≥90% of the rim.

     Water Treatment

     (90) Oil/water separators, except those at petroleum refineries.

     (91) Water cooling towers and water cooling ponds not used for evaporative cooling of process water, or not used for evaporative cooling of water from barometric jets or from barometric condensers, and in which no chromium compounds are contained.

     (92) Equipment used exclusively to generate ozone and associated ozone destruction equipment for the treatment of cooling tower water or for water treatment processes.

     (93) Municipal sewer systems, including wastewater treatment plants and lagoons, PROVIDED THAT they do not use anaerobic digesters or chlorine sterilization. This exemption does not include sewage sludge incinerators.

     (94) Soil and groundwater remediation projects involving <15 pounds per year of benzene or vinyl chloride, <500 pounds per year of perchloroethylene, and <1,000 pounds per year of toxic air contaminants.

     Landfills and Composting

     (95) Passive aeration of soil, PROVIDED THAT the soil is not being used as a cover material at a landfill.

     (96) Closed landfills that do not have an operating, active landfill gas collection system.

     (97) Non-commercial composting.

     Agriculture, Food, and Drugs

     (98) Equipment used in agricultural operations, in the growing of crops, or the raising of fowl or animals.

     (99) Insecticide, pesticide, or fertilizer spray equipment.

     (100) Equipment used in retail establishments to dry, cook, fry, bake, or grill food for human consumption, including charbroilers, smokehouses, barbecue units, deep fat fryers, cocoa and nut roasters, but not including coffee roasters.

     (101) Cooking kettles (other than deep frying equipment) and confection cookers where all the product in the kettle is edible and intended for human consumption.

     (102) Bakery ovens with a total production of yeast leavened bread products <10,000 pounds per operating day, if any combustion equipment is also exempt.

     (103) Equipment used to dry, mill, grind, blend, or package <1,000 tons per year of dry food products such as seeds, grains, corn, meal, flour, sugar, and starch.

     (104) Equipment used to convey, transfer, clean, or separate <1,000 tons per year of dry food products or waste from food production operations.

     (105) Storage equipment or facilities containing dry food products that are not vented to the outside atmosphere, or that handle <1,000 tons per year.

     (106) Equipment used exclusively to grind, blend, package, or store tea, cocoa, spices, coffee, flavor, fragrance extraction, dried flowers, or spices, PROVIDED THAT no organic solvents are used in the process.

     (107) Equipment used to convey or process materials in bakeries or used to produce noodles, macaroni, pasta, food mixes, and drink mixes where products are edible and intended for human consumption, PROVIDED THAT no organic solvents are used in the process. This exemption does not include storage bins located outside buildings.

     (108) Brewing operations at facilities producing <3 million gallons per year of beer.

     (109) Fermentation tanks for wine (excluding tanks used for the commercial production of yeast for sale).

     (110) Equipment used exclusively for tableting, or coating vitamins, herbs, or dietary supplements, PROVIDED THAT no organic solvents are used in the process.

     (111) Equipment used exclusively for tableting or packaging pharmaceuticals and cosmetics, or coating pharmaceutical tablets, PROVIDED THAT no organic solvents are used.

     Quarries, Nonmetallic Mineral Processing Plants, and Concrete and Asphalt Batch Plants

     (112) Portable sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers ≤150 tons per hour.

     (113) Fixed sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers ≤25 tons per hour.

     (114) Common clay plants and pumice plants with a cumulative rated capacity of all initial crushers of ≤10 tons per hour.

     (115) Mixers and other ancillary sources at concrete batch plants (or aggregate product production facilities) with a rated capacity <15 cubic yards per hour.

     (116) Concrete mixers with a rated working capacity of ≤1 cubic yard.

     (117) Drilling or blasting (explosives detonation).

     (118) Asphaltic concrete crushing/recycling equipment with a throughput <5,000 tons per year.

     Construction

     (119) Asphalt paving application.

     (120) Asphalt (hot-tar) roofing application.

     (121) Building construction or demolition, except that notification of demolitions is required under Section 4.03 of Regulation III.

     Ventilation and Control Equipment

     (122) Comfort air-conditioning systems, or ventilating systems (forced or natural draft), PROVIDED THAT they are not designed or used to control air contaminants generated by, or released from, sources subject to Notice of Construction.

     (123) Refrigeration units, except those used as, or in conjunction with, air pollution control equipment.

     (124) Refrigerant recovery and/or recycling units, excluding refrigerant reclaiming facilities.

     (125) Emergency ventilation systems used exclusively to contain and control emissions resulting from the failure of a compressed gas storage system.

     (126) Emergency ventilation systems used exclusively to scrub ammonia from refrigeration systems during process upsets or equipment breakdowns.

     (127) Negative air machines equipped with HEPA filters used to control asbestos emissions from demolition/renovation activities.

     (128) Portable control equipment used exclusively for storage tank degassing.

     (129) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow <2,000 cfm.

     (130) Control equipment used exclusively for sources that are exempt from Notice of Construction under Section 6.03(c) of this regulation.

     (131) Routine maintenance, repair, or similar parts replacement of control equipment.

     Testing and Research

     (132) Laboratory testing and quality assurance/control testing equipment used exclusively for chemical and physical analysis, teaching, or experimentation, including non-production bench scale research equipment.

     Miscellaneous

     (133) Single-family and duplex dwellings.

     (134) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment, if any combustion equipment used to power such equipment is also exempt.

     (135) Equipment, including dryers, used exclusively for dyeing, stripping, or bleaching of textiles where no organic solvents, diluents, or thinners are used, if any combustion equipment used to power such equipment is also exempt.

     (136) Chemical vapor sterilization equipment where no ethylene oxide is used, and with a chamber volume of ≤2 cubic feet used by healthcare facilities.

     (137) Ozone generators that produce <1 pound per day of ozone.

     (138) Fire extinguishing equipment.

     (d) Each Notice of Construction application and Section 6.03(b) Notification shall be submitted on forms provided by the Agency and shall be accompanied by the appropriate fee as required by Section 6.04 of this regulation. Notice of Construction applications shall also include any additional information required to demonstrate that the requirements of Section 6.07 of this regulation are met. Notice of Construction applications shall also include an environmental checklist or other documents demonstrating compliance with the State Environmental Policy Act.

     (e) Within 30 days of receipt of a Notice of Construction application, the Agency shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application.

AMENDATORY SECTION

REGULATION I SECTION 6.04 NOTICE OF CONSTRUCTION ((REVIEW)) FEES

     (a) A Notice of Construction application ((and Application for Approval)) is incomplete until the Agency has received a fee as shown below:

     General (not classified below) for each Piece of Equipment or Control Equipment . . . . . . . . . . . . $500

     ((Minor NOC Change . . . . . . . . . . . . $500

     NOC Applicability Determination . . . . . . . . . . . . $200

     Relocation of Previously Permitted Portable Source to a New

     Address, except soil thermal desorption units . . . . . . . . . . . . $500

     Asphalt Concrete Plant . . . . . . . . . . . . $1,000

     Coffee Roaster . . . . . . . . . . . . $1,000))

     Composting Facility . . . . . . . . . . . . $2,500

     ((Dry Cleaner (per machine) . . . . . . . . . . . . $300

     Gasoline Station . . . . . . . . . . . . $500))

     Landfill Gas System . . . . . . . . . . . . $2,500

     Refuse Burning Equipment: (rated capacity)

     12 tons per day or less . . . . . . . . . . . . $5,000

     greater than 12 tons per day but less than 250 tons per day . . . . . . . . . . . . $20,000

     250 tons per day or greater . . . . . . . . . . . . $50,000

     ((Spray-Painting Operation (per booth) . . . . . . . . . . . . $500

     Storage Tanks excluding those at gasoline stations: (gallons)

     less than 20,000 . . . . . . . . . . . . $300

     20,000 or more . . . . . . . . . . . . $1,000))

     Soil Thermal Desorption Unit (initial) . . . . . . . . . . . . $3,000

     Relocation of Approved Desorption Unit to New Address . . . . . . . . . . . . $1,000

     Additional Charges:

     SEPA Threshold Determination . . . . . . . . . . . . $250

     Air Toxics Review (under Regulation III, Section 2.07 (c)(2)) . . . . . . . . . . . . $500

     Air Toxics Review (under Regulation III, Section 2.07 (c)(3)) . . . . . . . . . . . . $5,000

     Major Source, Major Modification, or Emission Increases

     greater than Prevention of Significant Deterioration

     Thresholds (see Regulation I, Section 6.07(d)) . . . . . . . . . . . . $5,000

     Construction or Reconstruction of a Major Source of

     Hazardous Air Pollutants (see Regulation I, Section 6.07(f)) . . . . . . . . . . . . $2,500

     Opacity/Grain Loading Correlation . . . . . . . . . . . . $5,000

     Emissions Units Subject to an NSPS or NESHAP

     (except residential wood heaters, asbestos renovation or

     demolition, and perchloroethylene dry cleaning) . . . . . . . . . . . . $1,000

     Public Notice (plus publication fees) . . . . . . . . . . . . $500

     (b) A notification under Section 6.03(b) of this regulation is incomplete until the Agency has received a fee of $100.

     (c) The Control Officer is authorized to enter into a written cost-reimbursement agreement with an applicant for review of complex projects, which require an environmental impact statement, as provided in RCW 70.94.085.

AMENDATORY SECTION

REGULATION I SECTION 6.09 NOTICE OF COMPLETION

     Within 30 days of completion of the installation or modification of a((n air contaminant)) source subject to the provisions of Section ((6.03)) 6.07 of this ((R))regulation, the owner or operator or applicant shall file a Notice of Completion with the Agency. Each Notice of Completion shall be submitted on a form provided by the Agency, and shall specify the date upon which operation of the source has commenced or will commence.

AMENDATORY SECTION

REGULATION I SECTION 6.10 WORK DONE WITHOUT AN APPROVAL

     Where work for which ((a Notice of Construction)) an Order of Approval is required is commenced or performed prior to making application and receiving approval, the Control Officer may conduct an investigation as part of the Notice of Construction review. In such a case, an investigation fee, in addition to the fees of Section 6.04, shall be assessed in an amount equal to 3 times the fees of Section 6.04. Payment of the fees does not relieve any person from the requirement to comply with the regulations nor from any penalties for failure to comply.

AMENDATORY SECTION

REGULATION I SECTION 9.16 SPRAY-COATING OPERATIONS

     (a) Applicability. This section applies to spray-coating operations at facilities subject to Article 5 (Registration)((, Article 6 (New Source Review),)) or Article 7 (Operating Permits) of this regulation, where a coating that protects or beautifies a surface is applied with spray-coating equipment.

     (b) Exemptions. The following activities are exempt from the provisions of Sections 9.16 (c) and (d) of this regulation. Persons claiming any of the following spray-coating exemptions shall have the burden of demonstrating compliance with the claimed exemption.

     (1) Application of architectural or maintenance coatings to stationary structures (e.g., bridges, water towers, buildings, stationary machinery, or similar structures);

     (2) Aerospace coating operations subject to 40 CFR Part 63, Subpart GG. This includes all activities and materials listed in 40 CFR 63.741(f);

     (3) Use of high-volume, low-pressure (HVLP) spray guns when:

     (A) spray-coating operations do not involve motor vehicles or motor vehicle components;

     (B) the gun cup capacity is 8 fluid ounces or less;

     (C) the spray gun is used to spray-coat less than 9 square feet per day per facility;

     (D) coatings are purchased in containers of 1 quart or less; and

     (E) spray-coating is allowed by fire department, fire marshal, or other government agency requirements.

     (4) Use of air-brush spray equipment with 0.5 to 2.0 CFM airflow and a maximum cup capacity of 2 fluid ounces;

     (5) Use of hand-held aerosol spray cans with a capacity of 1 quart or less; or

     (6) Indoor application of automotive undercoating materials using organic solvents having a flash point in excess of 100°F.

     (c) General Requirements for Indoor Spray-Coating Operations. It shall be unlawful for any person subject to the provisions of this section to cause or allow spray-coating inside a structure, or spray-coating of any motor vehicles or motor vehicle components, unless the spray-coating is conducted inside an enclosed spray area. The enclosed spray area shall employ either properly seated paint arresters, or water-wash curtains with a continuous water curtain to control the overspray. All emissions from the spray-coating operation shall be vented to the atmosphere through an unobstructed vertical exhaust vent.

     (d) General Requirements for Outdoor Spray-Coating Operations. ((After January 1, 2000, it)) It shall be unlawful for any person subject to the provisions of this section to cause or allow spray-coating outside an enclosed structure unless ((such spray-coating operations are approved in a notice of construction permit issued in accordance with Article 6 of this regulation. The following minimum requirements for outdoor spray-coating operations will be included in all such notice of construction permits:)) reasonable precautions are employed to minimize the overspray. Reasonable precautions include, but are not limited to the use of:

     (((1) Reasonable methods to confine overspray to the property where the spray-coating is being conducted shall be used (e.g., tarps, shrink wrap, mobile enclosure, or similar methods for control of overspray); and))

     (1) Enclosures and curtailment during high winds; and

     (2) ((High-transfer efficiency spray equipment that minimizes overspray shall be used (e.g., HVLP, low-volume,)) High-volume low-pressure (HVLP), low-volume low-pressure (LVLP), electrostatic, or air-assisted airless(())) spray equipment. Airless spray equipment may be used where low viscosity and high solid coatings preclude the use of higher-transfer efficiency spray equipment.

     (e) Compliance with Other Regulations. Compliance with this regulation does not exempt any person from compliance with Regulation I, ((Sections 9.11 and 9.15)) Section 9.11 and all other applicable regulations including those of other agencies.

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