WSR 03-15-098

PROPOSED RULES

SOUTHWEST

CLEAN AIR AGENCY

[ Filed July 21, 2003, 9:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-19-054.

Title of Rule: See Purpose below.

Purpose: SWCAA 400-030 Definitions, the purpose of this section is to provide definitions for commonly used words or phrases in the rest of the regulation.

SWCAA 400-040 General Standards for Maximum Emissions, the purpose of this section is to establish a minimum set of air emission standards for all sources.

SWCAA 400-045 Permit Application for Nonroad Engines, the purpose of this section is to identify requirements for the submittal of permit applications for nonroad engine projects.

SWCAA 400-046 Application Review Process for Nonroad Engines, the purpose of this section is to identify requirements for the processing of permit applications for nonroad engine projects.

SWCAA 400-050 Emission Standards for Combustion and Incineration Units, the purpose of this section is to establish a minimum set of air emission standards for all combustion and incineration units. Additional requirements are provided for specific categories of combustion and incineration units.

SWCAA 400-052 Stack Sampling of Large Combustion Sources, the purpose of this section is to provide a minimum set of air emission standards for sampling emissions from major combustion sources.

SWCAA 400-060 Emission Standards for General Process Units, the purpose of this section is to provide a minimum set of air emission standards for general process units.

SWCAA 400-070 Emission Standards for Certain Source Categories, the purpose of this section is to provide a minimum set of air emission standards for sampling emissions from certain defined source categories and activities.

SWCAA 400-075 Emission Standards for Stationary Sources Emitting Hazardous Air Pollutants, the purpose of this section is to adopt by reference the federal standards relating to hazardous air pollutant standards referred to generally as the MACT standards.

SWCAA 400-076 Emission Standards for Stationary Sources Emitting Toxic Air Pollutants, the purpose of this section is to provide a reference to the toxic air pollutant rule and describe the permitting process.

SWCAA 400-081 Startup and Shutdown, the purpose of this section is to identify allowances for startup and shutdown conditions in technology based emission standards and control technology determinations.

SWCAA 400-091 Voluntary Limits on Emissions, the purpose of this section is to provide a mechanism and process for sources to request a voluntary limit on potential emissions from their facilities.

SWCAA 400-100 Registration Requirements, the purpose of this section is to identify requirements for registration and inspection of air contaminant sources.

SWCAA 400-101 Emission Units Exempt from Registration Requirements, the purpose of this section is to identify those sources that are exempt from the registration and new source review requirements of SWCAA 400-100 and 400-110.

SWCAA 400-103 Operating Permit Fees, the purpose of this section is to identify a mechanism for calculating and assessing fees for operating permit sources.

SWCAA 400-105 Records, Monitoring and Reporting, the purpose of this section is to identify requirements for sources to conduct monitoring, perform emission sampling and reporting, and submit an emission inventory.

SWCAA 400-106 Emission Testing and Monitoring at Air Contaminant Sources, the purpose of this section is to provide a minimum set of standards for emission testing and monitoring at air contaminant sources.

SWCAA 400-107 Excess Emissions, the purpose of this section is to identify requirements for the reporting of excess emissions, and provide penalty relief in the case of unavoidable excess emissions.

SWCAA 400-109 Air Discharge Permit Applications, the purpose of this section is to identify requirements for submittal and a description of the process for submitting a notice of construction application.

SWCAA 400-110 Application Review Process for Stationary Sources (New Source Review), the purpose of this section is to identify requirements for the processing of permit applications for new sources.

SWCAA 400-111 Requirements for New Sources in a Maintenance Plan Area, the purpose of this section is to identify the requirements for new or modified sources in a maintenance plan area. Because of the maintenance plan status of an area, emission standards to maintain air quality in a maintenance plan area are more demanding than those in less populated or industrialized areas.

SWCAA 400-112 Requirements for New Sources in Nonattainment Areas, the purpose of this section is to identify the requirements for new or modified sources in nonattainment areas for permitting purposes. This section also includes provisions for offsetting emissions for larger emission sources.

SWCAA 400-113 Requirements for New Sources in Attainment or Nonclassifiable Areas, the purpose of this section is to identify the requirements for new or modified sources in attainment areas for permitting purposes.

SWCAA 400-114 Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source, the purpose of this section is to identify the requirements for projects involving replacement or alteration of existing emission control technology.

SWCAA 400-115 Standards of Performance for New Sources, the purpose of this section is to adopt by reference the new source performance standards (NSPS) contained in 40 C.F.R. 60 for certain sources categories.

SWCAA 400-116 Maintenance of Equipment, the purpose of this section is to identify requirements for the maintenance of process and emission control equipment.

SWCAA 400-130 Use of Emission Reduction Credits, the purpose of this section is to identify the requirements and procedures for use of emission reduction credits.

SWCAA 400-131 Deposit of Emission Reduction Credits Into Bank, the purpose of this section is to identify the requirements and procedures for depositing emission reduction credits into the credit bank maintained by SWCAA.

SWCAA 400-136 Maintenance of Emission Reduction Credits in Bank, the purpose of this section is to identify the requirements for SWCAA to maintain the emission reduction credit bank, how the credits are to be issued and describe how to manage credits that are expired beyond the five year time limit.

SWCAA 400-140 Protection of Ambient Air Increments, the purpose of this section is to identify criteria for all sources that serve to prevent significant deterioration of air quality by protecting ambient air increments.

SWCAA 400-141 Prevention of Significant Deterioration (PSD), the purpose of this section is to identify the requirements for those sources subject to federal PSD permitting requirements and provides reference to the appropriate federal regulations.

SWCAA 400-151 Retrofit Requirements for Visibility Protection, the purpose of this section is to identify the retrofit requirements for visibility protection as they apply to "existing stationary sources."

SWCAA 400-171 Public Involvement, the purpose of this section is to identify the mechanism by which SWCAA provides an opportunity for public involvement on permitting actions. This section also identifies agency actions that are subject to a mandatory public comment period.

SWCAA 400-180 Variance, the purpose of this section is to identify the requirements and procedures for obtaining a variance from the SWCAA board of directors for an existing permit or the established regulations.

SWCAA 400-190 Requirements for Nonattainment Areas, the purpose of this section is to require consultation with local governments and public involvement when developing requirements for nonattainment areas.

SWCAA 400-230 Regulatory Actions and Civil Penalties, the purpose of this section is to identify the different types of common regulatory orders issued by SWCAA and identify the enforcement and civil penalty authorities of SWCAA.

SWCAA 400-250 Appeals, the purpose of this section is to identify the mechanism by which regulatory orders or other agency actions may be appealed.

SWCAA 400-270 Confidentiality of Records and Information, the purpose of this section is to identify SWCAA's policy regarding the submittal and handling of confidential information.

SWCAA 400, Appendix A SWCAA Method 9/Visual Opacity Determination Method, the purpose of this section is to establish a test method for observing opacity.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: RCW 70.94.141.

Summary: SWCAA 400-030, this section is the placeholder for definitions of words and phrases used throughout SWCAA 400. Most definitions are identical to the federal definitions.

SWCAA 400-040, this section contains the visible emission standard of 20% opacity, and other limits for fallout, fugitive emissions, odors, emissions detrimental to persons or property, sulfur dioxide, concealment and masking and fugitive dust sources.

SWCAA 400-045, this section identifies requirements for permit applications for nonroad engine projects.

SWCAA 400-046, this section identifies requirements for the processing and approval of permit applications for nonroad engine projects.

SWCAA 400-050, this section identifies emission standards and requirements for combustion and incineration units.

SWCAA 400-052, this section contains requirements for stack sampling of major combustion sources every two years to assist with preparation of the annual emission inventory that is submitted to EPA by SWCAA.

SWCAA 400-060, this section identifies the maximum emission standard of 0.1 grains per dry standard cubic feet of exhaust gas for any general process operation.

SWCAA 400-070, this section contains emission standards and requirements for certain source categories including wigwam burners, hog fuel boilers, orchard heaters, wood waste burners, perc dry cleaners, catalytic cracking units, sulfuric acid plants, gasoline dispensing facilities, dry cleaning facilities, oil heaters, coffee roasters, and abrasive blasting operations.

SWCAA 400-075, this section adopts the federal standards for sources emitting hazardous air pollutants contained in 40 C.F.R. part 61 and part 63 by reference (MACT standards) as requirements for sources in SWCAA jurisdiction for local implementation and enforcement.

SWCAA 400-076, this section describes general requirements for toxic pollutant emission sources and provides a reference to the toxics rule, chapter 173-460 WAC which is adopted by reference by SWCAA under separate rule making.

SWCAA 400-081, this section describes the basis upon which a source may be allowed to exceed technology based emission standards during startup and/or shutdown.

SWCAA 400-091, this section provides the authority and describes the process for a source to request a voluntary limit on emissions. This section provides the ability to have a federally enforceable emission limit to keep out of the Title 5 operating permit program.

SWCAA 400-100, this section establishes a system of registration for air contaminant sources within SWCAA jurisdiction.

SWCAA 400-101, this section identifies those sources that are exempt from the registration and new source review requirements of SWCAA 400-100 and 400-110.

SWCAA 400-103, this section identifies the method by which permit fees for operating permit sources are calculated, and establishes a mechanism for fee assessment.

SWCAA 400-105, this section identifies the requirements for sources to submit an emission inventory, conduct monitoring and perform emission sampling.

SWCAA 400-106, this section provides a minimum set of standards for sampling and reporting emissions from all sources.

SWCAA 400-107, this section identifies requirements for the reporting of excess emissions at registered sources. The section also includes provisions for penalty relief in the case of unavoidable excess emissions.

SWCAA 400-109, this section identifies requirements for submittal of a notice of construction and a description of the process for submitting a notice of construction application.

SWCAA 400-110, this section defines the procedure used by SWCAA to process permit applications for new sources, and identifies general requirements that must be met during new source review.

SWCAA 400-111, this section identifies the requirements for new or modified sources in a maintenance plan area. Because of the maintenance plan status of an area, emission standards to maintain air quality in a maintenance plan area are more demanding than those in less populated or industrialized areas.

SWCAA 400-112, this section identifies the requirements for new or modified sources in nonattainment areas for permitting purposes. This section also includes provisions for offsetting emissions for larger emission sources.

SWCAA 400-113, this section identifies the new source review requirements for new or modified sources in attainment areas.

SWCAA 400-114, this section identifies the requirements for control technology replacement or alteration projects that are not reviewable under SWCAA 400-110.

SWCAA 400-115, this section adopts by reference the new source performance standards (NSPS) contained in 40 C.F.R. 60 for identified sources categories.

SWCAA 400-116, this section identifies requirements for the maintenance and operation of process and emission control equipment. The section also contains provisions for operation and maintenance (O&M) plans.

SWCAA 400-130, this section identifies the requirements and procedures for use of emission reduction credits once they have been deposited in the emission reduction credit bank maintained by SWCAA.

SWCAA 400-131, this section describes the requirements and procedures for depositing emission reduction credits into the credit bank maintained by SWCAA.

SWCAA 400-136, this section identifies the requirements for SWCAA to maintain the emission reduction credit bank, how the credits are to be issued and describe how to manage credits that are expired beyond the five year time limit.

SWCAA 400-140, this section identifies criteria for the protection of ambient air increments that are applicable to all sources within SWCAA jurisdiction.

SWCAA 400-141, this section describes the requirements for those sources that would be subject to the federal PSD permitting requirements and provides reference to the appropriate federal regulations.

SWCAA 400-151, this section contains procedures by which SWCAA will identify and determine emission requirements for any "existing stationary source" that causes or contributes to visibility impairment in any mandatory federal Class 1 area.

SWCAA 400-171, this section identifies the requirements for public notice of agency actions, and the process by which public involvement is to be administered. This section also identifies those documents that are subject to a formal public notice and those that are not subject to a formal public notice.

SWCAA 400-180, this section describes the requirements and procedures for obtaining a variance from the SWCAA board of directors for an existing permit or the established regulations.

SWCAA 400-190, this section requires SWCAA to consult local governments and provide for public involvement when developing requirements for nonattainment areas.

SWCAA 400-230, this section identifies the different types of common regulatory orders issued by SWCAA and identifies the enforcement and civil penalty authorities of SWCAA.

SWCAA 400-250, this section identifies the pollution control hearings board as the proper authority for appealing regulatory orders issued by SWCAA or other agency actions pursuant to chapter 371-08 WAC.

SWCAA 400-270, this section identifies what type of information may be considered confidential and the manner in which such information will be handled by SWCAA.

SWCAA 400, Appendix A, this section contains a test protocol for conducting field observations of opacity.

Reasons Supporting Proposal: See Purpose and Summary above and Explanation of Rule below.

Name of Agency Personnel Responsible for Drafting: Wess Safford, 1308 N.E. 134th Street, Vancouver, WA 98685, (360) 574-3058; Implementation: Paul Mairose, 1308 N.E. 134th Street, Vancouver, WA 98685, (360) 574-3058; and Enforcement: Robert D. Elliott, 1308 N.E. 134th Street, Vancouver, WA 98685, (360) 574-3058.

Name of Proponent: Southwest Clean Air Agency (SWCAA), governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: SWCAA 400-030, this is an existing section. Proposed revisions to this section incorporate recent changes made in WAC 173-400-030, and the addition of new definitions that do not appear in the current version of SWCAA 400-030.

SWCAA 400-040, this is an existing section. The proposed changes consist of minor administrative editing.

SWCAA 400-045, this is a new section. The proposed section is intended to provide a mechanism for the submittal of permit applications for projects involving units that meet the federal definition of "nonroad engine."

SWCAA 400-046, this is a new section. The proposed section is intended to provide a mechanism for the review and approval of projects involving units that meet the federal definition of "nonroad engine."

SWCAA 400-050, this is an existing section. The proposed changes incorporate new standards for "commercial and industrial solid waste incineration units" and "small municipal waste combustion units." The proposed standards are consistent with requirements adopted by ecology in 2001.

SWCAA 400-052, this is an existing section. The proposed changes are intended to clarify the requirements of the section. The intent and meaning of the section remain unchanged with no significant changes in testing frequency or methodology.

SWCAA 400-060, this is an existing section. The date of the EPA test method reference contained in the section (40 C.F.R. 60, Appendix A) is being updated. No other changes are proposed.

SWCAA 400-070, this is an existing section. The proposed changes incorporate requirements for source categories recently added to WAC 173-400-070, and the addition of new emission standards for source categories not currently included in WAC 173-400-070.

SWCAA 400-075, this is an existing section. The proposed changes update adoption reference dates and incorporate new federal regulations contained in 40 C.F.R. Parts 63 and 65.

SWCAA 400-076, this is an existing section. The proposed changes update the definitions, cross sectional references, and sectional titles found in the text of SWCAA 400-076, and make minor corrections to maintain consistency with other sections of SWCAA 400.

SWCAA 400-081, this is an existing section. The proposed changes consist of minor administrative editing and small changes made in response to EPA comments. The proposed revision does not contain any substantive changes.

SWCAA 400-091, this is an existing section. The proposed changes consist of minor changes in terminology to maintain consistency with other sections of SWCAA 400.

SWCAA 400-100, this is an existing section. The proposed changes correct outdated text and remove the operating permit program fee schedule (SWCAA 400-100(4)) from the section. The operating permit fee schedule is being moved to a new section because operating permit sources are not subject to the registration program, and the current format can be confusing to the public and affected sources.

SWCAA 400-101, this is an existing section. The proposed changes clarify the applicability language of the section and remove a number of exemption categories.

SWCAA 400-103, this a new section. The proposed section makes the fee schedule for operating permit sources into a self-contained rule section. The fee schedule is currently contained within the text of SWCAA 400-100 "Registration Requirements and Operating Permit Fees" along with requirements for SWCAA's registration program. This format is confusing and inappropriate because operating permit sources are not subject to any element of the registration program.

SWCAA 400-105, this is an existing section. The proposed changes update references to the Code of Federal Regulations and make administrative corrections.

SWCAA 400-106, this is an existing section. The proposed changes incorporate new monitoring requirements for combustion sources. The new requirements are equivalent to the emission monitoring requirements currently implemented on a case-by-case basis in approval orders for combustion sources.

SWCAA 400-107, this is an existing section. The proposed changes expand the existing section to include notification and reporting requirements for all excess emissions. The proposed language provides more detailed requirements for reporting excess emissions than found in the existing section.

SWCAA 400-109, this is an existing section. The proposed changes incorporate new terminology, addition of the existing permit application fee table from SWCAA 400-110, and minor administrative changes.

SWCAA 400-110, this is an existing section. The proposed changes incorporate new terminology, removal of the notice of construction application fee schedule, new requirements consistent with SWCAA 400-117, clarification of portable source applicability under SWCAA 400-110(6), approval criteria for modification of approval conditions, and minor administrative changes.

SWCAA 400-111, this is an existing section. The proposed changes incorporate administrative editing and minor text changes intended to improve consistency with the format of SWCAA 400-112 and 400-113.

SWCAA 400-112, this is an existing section. The proposed changes incorporate administrative changes, previously uncited requirements from 40 C.F.R. 51, Appendix S, new requirements consistent with WAC 173-400-117, changes in terminology, and correction of outdated references and requirements.

SWCAA 400-113, this is an existing section. The proposed changes incorporate minor text changes intended to improve consistency with the format of SWCAA 400-111 and 400-112, new requirements consistent with WAC 173-400-117, and administrative editing.

SWCAA 400-114, this is an existing section. The proposed changes incorporate new terminology and minor administrative editing.

SWCAA 400-115, this is an existing section. The proposed changes incorporate updated adoption references and minor format changes intended to improve consistency with the corresponding sections of the WAC.

SWCAA 400-116, this is an existing section. The proposed changes incorporate new terminology and clarification of requirements.

SWCAA 400-130, this is an existing section. The proposed changes correct outdated references in the text of the section.

SWCAA 400-131, this is an existing section. The proposed changes incorporate administrative changes and a modification of the processing timeline for ERC applications.

SWCAA 400-136, this is an existing section. The proposed changes incorporate minor clarifications and administrative changes.

SWCAA 400-140, this is a new section. The proposed section creates a mechanism for protection of ambient air increments pursuant to 40 C.F.R. 51.166 et seq.

SWCAA 400-141, this is an existing section. The proposed changes update the section to match the format and meaning of WAC 173-400-141 as currently adopted.

SWCAA 400-151, this is an existing section. The proposed changes update the section to match the format and meaning of WAC 173-400-151 as currently adopted.

SWCAA 400-171, this is an existing section. The proposed changes revise the public involvement requirements for agency permitting and other proposed actions. These changes incorporate public notice via the internet, and correct a number of identified deficiencies in the current public involvement provisions of SWCAA 400-171.

SWCAA 400-180, this is an existing section. The proposed changes incorporate an updated reference to EPA.

SWCAA 400-190, this is an existing section. The proposed changes incorporate new terminology.

SWCAA 400-230, this is an existing section. The proposed changes incorporate new terminology and administrative editing.

SWCAA 400-250, this is an existing section. The proposed changes revise existing provisions to improve consistency with applicable state regulations.

SWCAA 400-270, this is an existing section. The proposed changes are intended to make the definition of confidential information more consistent with applicable state regulations and clarify how SWCAA uses and handles such information.

SWCAA 400, Appendix A, this is an existing section. The proposed changes incorporate minor administrative editing and an updated federal regulation reference.

Proposal Changes the Following Existing Rules: See Purpose, Summary, and Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes proposed by SWCAA are consistent with federal or state rules already in effect. This agency is not subject to the small business economic impact provision of chapter 19.85 RCW. A fiscal analysis has been performed to establish the basis for any proposed fee increases. Copies of this analysis are available from SWCAA.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. SWCAA is not voluntarily invoking section 201, chapter 403, Laws of 1995 for this action.

Hearing Location: Office of SWCAA, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, on October 2, 2003, at 3:00 p.m.

Assistance for Persons with Disabilities: Contact Mary Allen by September 26, 2003, TDD (360) 574-3058.

Submit Written Comments to: Wess Safford, SWCAA, 1308 N.E. 134th Street, Vancouver, WA 98685, fax (360) 576-0925, by September 23, 2003.

Date of Intended Adoption: October 2, 2003.

July 17, 2003

Robert D. Elliott

Executive Director

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-17 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office