WSR 04-01-160

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed December 22, 2003, 12:10 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Spokane County Air Pollution Control Authority (SCAPCA) Regulations I and II, repeal all of Regulation II; revise Regulation I, Articles I, II, III, IV, V, VI, and X; repeal Regulation I, Article VII.

Purpose: Amend the existing Regulation I and repeal the existing Regulation II. Revisions include deletion of sections that no longer apply (i.e., delete Articles and Sections that contain outdated compliance schedules, limitations, and requirements established in the original Regulation's inception; Article VII), delete sections that are duplicative within the Regulation or that are duplicative of state regulations (i.e. where it is not necessary for SCAPCA to have certain sections, since SCAPCA implements and enforces the equivalent state regulation sections). Incorporate EPA required changes to Regulation I, Articles I, II, IV, and V so that they can be incorporated into the SIP. Centralize, revise and add to the definitions in Article I. Make corrections to spelling, punctuation, sentence structure, references to other section. Add some fees (Article X). Revise paragraph formats to be consistent throughout the Regulation. Attempt to make the Regulation more understandable and readable.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.

Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.

Summary: Nearly every Article in Regulation I was revised in some manner, for differing reasons: SCAPCA attempted to make regulations consistent with Washington state and other local regulations and incorporate changes required by EPA to make SCAPCA's Regulations SIP acceptable. Regulation II is being repealed.

Reasons Supporting Proposal: Portions or all of Articles I, II, and VII had not been revised since their inception in 1969, thus they were significantly outdated. EPA required the state and local authorities to update their registration and NSR regulations (in SCAPCA's case, Articles IV and V) and incorporate them into the SIP. EPA also made recommendations that SCAPCA revise other sections of Regulation I, so that they are in line with present federal and state law. Article X has been updated to ensure that SCAPCA receives compensation for work that is requested by the proponent or is required by state law.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Spokane County Air Pollution Control Authority, 1101 West College, #403, Spokane, WA 99201, (509) 477-4727.

Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

Explanation of Rule, its Purpose, and Anticipated Effects: SCAPCA's Regulation addresses different aspects and impacts of air pollution in Spokane County in order to secure and maintain such levels of air quality that protect human health and safety, including the health and safety of the most sensitive members of the population, to comply with the requirements of the Federal Clean Air Act (FCAA) and the Washington Clean Air Act (WCAA), to prevent injury to plant and animal life and to property, to foster the comfort and convenience of its inhabitants, to promote the economic and social development of the county and to facilitate the enjoyment of the natural attractions of the county.

Further, it is the intent of this Regulation to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, historic, and cultural values, and to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions.

SCAPCA's Regulation was developed to control the emissions of air contaminants from stationary sources within Spokane County, to provide for the uniform administration and enforcement of the Authority's Regulation, and to carry out the requirements and purposes of the Washington Clean Air Act (WCAA).

It has been historically proven that this Regulation has been instrumental in improving the air quality in Spokane County by:

1. Reducing criteria pollutant (PM10, PM2.5, NOx, SOx, CO, ozone, lead) emissions;

2. Reducing public exposure to toxic air pollutants, as listed in chapter 173-460 WAC;

3. Reducing emissions of precursors to the formation of tropospheric ozone and other photochemical oxidants;

4. Improving visibility in Spokane County; and

5. Encouraging pollution prevention.

Proposal Changes the Following Existing Rules: The Regulation is more understandable and better organized.

Definitions, for the most part, were moved to Section 1.04 to centralized terms that are used throughout the Regulation.

Regulation I, Article VII and all of Regulation II are repealed.

Articles I, II, III, IV, V, Section 6.13; and Article X have been extensively revised, mostly because of EPA's requirements so that the Registration (Article IV) and New Source Review (Article V) Regulations will be federally enforceable by being acceptable for incorporation into the SIP.

Article II, Sections 2.03, 2.04, 2.05, 2.07, 2.09, 2.11, 2.12; Article VI, Sections 6.06, 6.07, 6.08, 6.09, and 6.11 have been deleted, because SCAPCA implements and enforces the equivalent sections in chapter 173-400 WAC, therefore, those sections are not needed in SCAPCA's Regulation I.

Section 2.13 was added in order to centralize updating the date of the federal laws and regulations that are being implemented and enforced by SCAPCA.

Control Officer discretion for exempting sources was eliminated in Article IV.

Exhibit "R" of Article IV was revised in a number of places and a few new sources were added to the list.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule. RCW 34.05.328 does not apply to local air pollution control authority rule development/amendments.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), 34.05.328 does not apply to this rule amendment.

Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on March 4, 2004, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Charles Studer by 4:30 p.m., March 1, 2004, TDD (509) 477-4727 ext. 107.

Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, fax (509) 459-6828, by 4:30 p.m., March 1, 2004.

Date of Intended Adoption: March 4, 2004.

December 19, 2003

Charles E. Studer

Environmental Engineer

ARTICLE I


POLICY, SHORT TITLE, AND DEFINITIONS

ADOPTED: June 9, 1969


REVISED:
?


EFFECTIVE:
?


AMENDATORY SECTION (Amending Order Res. 92-06, filed 4/9/92)


SECTION 1.01 POLICY


The Spokane County Air Pollution Control Authority, co-extensive with the boundaries of Spokane County, having been activated by the Washington Clean Air Act, Chapter 70.94 RCW as amended, adopts the following Regulation to control the emissions of air contaminants from all stationary sources within the jurisdiction of the Authority; to provide for the uniform administration and enforcement of ((this)) the Authority's Regulation; and to carry out the requirements and purposes of the Washington Clean Air Act (WCAA).

It is hereby declared to be the public policy of the Spokane County Air Pollution Control Authority to secure and maintain such levels of air quality that protect human health and safety, including the health and safety of the most sensitive members of the population, to comply with the requirements of the ((f))Federal ((c))Clean ((a))Air ((a))Act (FCAA), to prevent injury to plant and animal life and to property, to foster the comfort and convenience of its inhabitants, to promote the economic and social development of the County and to facilitate the enjoyment of the natural attractions of the County. It is further the intent of this Regulation to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, historic, and cultural values, and to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions.

Wherever ((this)) the Authority's Regulation ((C))constitutes a restatement of the requirements and purposes of Chapter 70.94 RCW, it is the intent of the Authority that the Regulation be interpreted in the same manner as the statute adopted by the Legislature. Any deviation from the statute, except where the statute allows an Authority to be more stringent, is intended for purposes of clarity.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


SECTION 1.02 NAME OF AUTHORITY


The name of the County Air Pollution Control Authority, co-extensive with the boundaries of Spokane County, shall be known as the "SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY" (SCAPCA).


SECTION 1.03 SHORT TITLE


This regulation shall be known and cited as "Regulation I of the Spokane County Air Pollution Control Authority.

AMENDATORY SECTION (Amending Order Res. 94-28, filed 11/9/94)


SECTION 1.04 GENERAL DEFINITIONS


Unless otherwise defined differently in an Article of this Regulation, ((When used in)) the following definitions apply to all of this Regulation ((I of the Spokane County Air Pollution Control Authority)):

A. Actual Emissions means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with 1. through 3. of this subsection.

1. In general, actual emissions as of a particular date shall equal the average rate, in tons per year at which the emissions unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal stationary source operation. The Authority shall allow the use of a different time period upon a determination that it is more representative of normal stationary source operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

2. The Authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.

3. For any emissions unit, which has not begun normal operations on the particular date, actual emissions shall equal the potential-to-emit of the emissions unit on that date.

(A. Agricultural Operation means a farmer who can substantiate that the operation is commercial agriculture by showing the most recent year's IRS schedule F form or proof that the land is registered for agricultural use. It also includes burning conducted by irrigation district or drainage district personnel as part of water system management.))

((B. Agricultural Burning means the burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, or where identified as a best management practice by the Agricultural Burning Practices and Research Task Force established in RCW 70.94.650 or other authoritative source on agricultural practices.))

B. ((C)) Air Contaminant means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance or any combination thereof. (("Air pollutant" means the same as "air contaminant".))

C. Air Contaminant Source means the same as "source".

D. Air Operating Permit Source means any facility required to have an air operating permit pursuant to Chapter 173-401 WAC.

E. Air Pollutant means the same as "air contaminant".

F. ((D)) Air Pollution means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property; or which unreasonably interferes with enjoyment of life and property. For the purposes of this Regulation, air pollution shall not include air contaminants emitted in compliance with Chapter 17.21 RCW, the Washington Pesticide Application Act, which regulates the application and control of the use of various pesticides.

G. Allowable Emissions means the emission rate of a stationary source, calculated using the maximum rated capacity of the stationary source (unless the stationary source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

1. The applicable standards as in 40 CFR Part 60 or 61, or 63;

2. Any applicable SIP emissions limitation including those with a future compliance date; or

3. The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

H. Alteration means the act of altering, which means to change or make different. Alteration includes, but is not limited to, any enlargement, replacement, or change in the design, operation, capacity, or arrangement of a process; any increase in the connected loading of process or control equipment; and any change in fuels, method of operation or hours of operation not previously approved by the Agency.

I. ((E)) Ambient Air means the surrounding outside air.

J. Ambient Air Quality Standard means an established concentration, exposure time, and frequency of occurrence of air contaminant(s) in the ambient air, which shall not be exceeded.

K. Attainment Area means a geographic area, designated by EPA at 40 CFR Part 81, as having attained the National Ambient Air Quality Standard for a given criteria pollutant.

L. ((F)) Authority means Spokane County Air Pollution Control Authority (SCAPCA) or with regard to new source review, any other designated permitting agency.

M. Begin Actual Construction means, in general, initiation of physical on-site construction activities on an emissions unit, which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipe work and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.

N. Best Available Control Technology (BACT) means an emission limitation, based on the maximum degree of reduction for each air pollutant subject to regulation under Chapter 70.94 RCW emitted from, or which results from, any new or modified stationary source, which the Authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such stationary source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant. In no event shall application of the "best available control technology" result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 61. Emissions from any stationary source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase above levels that would have been required under the definition of BACT in the Federal Clean Air Act as it existed prior to enactment of the Clean Air Act Amendments of 1990.

O. Best Available Control Technology for Toxics, or "Toxic Best Available Control Technology (TBACT)" means an emission limitation applied to each, or each mixture of, toxic air pollutants (TAPs) identified in WAC 173-460-150 & 160 discharged, taking in account the potency, quantity, and toxicity of each TAP or mixture of TAPs discharged, in addition to the meaning given for "BACT", herein.

P. ((G)) Board means Board of Directors of the Spokane County Air Pollution Control Authority.

Q. Burn Out Oven means any oven used to clean or remove dirt, grease, grime, paint, varnish, or any other unwanted substance or contaminant, from any object by using controlled incineration, without burning the object itself.

R. Closure or shutdown means permanently stopping or terminating all processes that produce air contaminant emissions at a stationary source or emissions unit.

1. Except as provided for in subsections 3., 4., and 5., whether a closure or shutdown was permanent depends on the intention of the owner and operator at the time of the closure or shutdown, as determined from all facts and circumstances, including the cause of the closure or shutdown and whether registration fees have been paid;

2. A closure or shutdown lasting two or more years is presumed to be permanent, except that this presumption does not apply in the case of a temporary/portable stationary source operating under a valid permit to operate as provided for in Article V, Section 5.08 of this Regulation;

3. A closure or shutdown is permanent, if the owner or operator files a "Source Closure Notification Form", as provided for in Article IV, Section 4.02 of this Regulation. Failure to file such a report does not mean that closure or shutdown was temporary and not permanent.

4. If the owner/operator of the stationary source, fails to pay registration fees for one year or more, then the stationary source is considered permanently closed.

5. A closure or shutdown lasting five or more years is considered permanent even if registration fees have been paid and even in the case of temporary/portable stationary sources.

S. ((H)) Certified Observer means a person who has met the requirements, pursuant to 40 CFR 60, Appendix A, Method 9.

T. Class I Area means any area designated under Section 162 or 164 of the Federal Clean Air Act as a Class I area. The following areas are the Class I areas in Washington state:

1. Alpine Lakes Wilderness;

2. Glacier Peak Wilderness;

3. Goat Rocks Wilderness;

4. Mount Adams Wilderness;

5. Mount Rainier National Park;

6. North Cascades National Park;

7. Olympic National Park;

8. Pasayten Wilderness; and

9. Spokane Indian Reservation.

((I. Combustion means the exothermic reaction of any material with oxygen.))

U. Combustion and Incineration Unit means an emissions unit using combustion for waste disposal, steam production, chemical recovery or other process requirements; excluding outdoor burning.

V. Commenced, as applied to construction, means that the owner or operator has all the necessary preconstruction approvals or permits and either has:

1. Begun, or caused to begin, a continuous program of actual on-site construction of the stationary source, to be completed within a reasonable time; or

2. Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the stationary source to be completed within a reasonable time.

For the purposes of this definition, "necessary preconstruction approvals" means those permits or orders of approval required under federal air quality control laws and regulations, including state, local and federal regulations and orders contained in the State Implementation Plan (SIP).

W. Concealment means any action taken to reduce the observed or measured concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharged.

X. Construction means fabrication, erection, or installation of a stationary source.

Y. ((J)) Control Equipment means any equipment which has the primary function of regulating or controlling emissions from a process, fuel burning or refuse burning equipment and thus reduces the formation of, or the emission of, air contaminants into the atmosphere, or both.

Z. ((K)) Control Officer means the Air Pollution Control Officer for the Spokane County Air Pollution Control Authority or his/her duly authorized representative. (("Director" means the same as "control officer")).

AA. Criteria Pollutant means a pollutant for which there is established a National Ambient Air Quality Standard in 40 CFR Part 50. The criteria pollutants are carbon monoxide (CO), particulate matter (PM10 and PM2.5), ozone (O3) sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).

BB. Ecology means the Washington State Department of Ecology.

CC. ((L)) Emission means a release of air contaminants into the ambient air.

DD. ((M)) Emission Point means the point at which emissions are released into the ambient air, such as, but not limited to; a duct, vent, stack, pipe, or other opening to the ambient air.

EE. Emission Reduction Credit means a credit granted, by the Authority, to a stationary source for a voluntary reduction in actual emissions per WAC 173-400-131.

FF. Emission Standard and Emission Limitation means a requirement established under the Federal Clean Air Act or Chapter 70.94 RCW which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a stationary source to assure continuous emission reduction and any design, equipment work practice, or operational standard adopted under the Federal Clean Air Act or Chapter 70.94 RCW.

GG. ((N)) Emissions Unit means any part of a stationary source which emits, or would have the potential-(())to(())-emit, any pollutant subject to rules and regulation(s) ((under)) pursuant to the Federal Clean Air Act ((FCAA)), the Washington State Clean Air Act (Chapter 70.94 RCW), the Washington Nuclear Energy and Radiation ACT (Chapter 70.98 RCW), or ((Regulations of)) the Authority. This term does not include non-road engines.

HH. ((O)) Episode means a period when a forecast, alert, warning, or emergency air pollution stage is declared, as given in ((Chapter)) RCW 70.94.715 ((RCW)).

II. ((P)) Federal Clean Air Act (FCAA) means the Federal Clean Air Act, also known as Public Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S.C. 7401 et seq, as ((last)) amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990 and subsequent amendments.

JJ. Federal Class I Area means any federal land that is classified or reclassified Class I. The following areas are federal Class I areas in Washington state:

1. Alpine Lakes Wilderness;

2. Glacier Peak Wilderness;

3. Goat Rocks Wilderness;

4. Mount Adams Wilderness;

5. Mount Rainier National Park;

6. North Cascades National Park;

7. Olympic National Park; and

8. Pasayten Wilderness.

KK. Federal Land Manager means the secretary of the department with authority over federal lands in the United States. This includes, but is not limited to, the U.S. Department of the Interior - National Park Service, the U.S. Department of Agriculture - Forest Service, and/or the U.S. Department of the Interior - Bureau of Land Management.

LL. Federally enforceable means all limitations and conditions which are enforceable by EPA, including those requirements developed pursuant to 40 CFR Parts 60, 61, and 63; requirements within the Washington SIP, requirements within any permit established under 40 CFR 52.21 or order of approval under a SIP approved new source review regulation, or any voluntary limits on emissions pursuant to WAC 173-400-091.

MM. ((Q)) Fire Protection Agency means a city fire department, county fire department, local fire protection district, or the Washington State Department of Natural Resources.

NN. Fugitive Dust means particulate emissions made airborne by forces of wind, human activity, or both. Unpaved roads, construction sites, and tilled land are examples of sources of fugitive dust. Fugitive dust is a type of fugitive emission.

OO. Fugitive Emissions means emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

PP. ((R)) Garbage means putrescible animal or vegetable waste resulting from the handling, preparation, cooking or serving of food.

QQ. Good Engineering Practice (GEP), as used in Chapter 173-400 WAC, refers to a calculated stack height based on the equation specified in WAC 173-400-200 (2)(a)(ii).

RR. ((S)) Incinerator means a furnace used primarily for the thermal destruction of waste.

SS. In Operation means engaged in activity related to the primary design function of the stationary source.

TT. Installation means the act of installing, which means placing, assembling or constructing process equipment or control equipment at the premises where the equipment will be used. Installation includes all preparatory work at such premises.

UU. Lowest Achievable Emission Rate (LAER) means for any stationary source, that rate of emissions which reflects the more stringent of:

1. The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed new or modified stationary source demonstrates that such limitations are not achievable; or

2. The most stringent emission limitation which is achieved in practice by such class or category of stationary source.

3. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable New Source Performance Standards (NSPS).

VV. 1. Major Modification, as it applies in nonattainment areas, is defined in WAC 173-400-112.

2. Major Modification, as it applies in attainment or unclassified areas, is defined in WAC 173-400-113.

WW. 1. Major Stationary Source, as it applies in nonattainment areas, is defined in WAC 173-400-112.

2. Major Stationary Source, as it applies in attainment or unclassified areas, is defined in WAC 173-400-113.

XX. Masking means the mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor.

YY. Materials Handling means the handling, transporting, loading, unloading, storage, or transfer of materials with no significant chemical or physical alteration.

ZZ. Modification means any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted by such stationary source or that results in the emissions of any air contaminant not previously emitted. The term modification shall be construed consistent with the definitions of modification in Section 7411, Title 42, United States Code (USC), and with rules implementing that section.

AAA. National Ambient Air Quality Standard (NAAQS) means an ambient air quality standard set by EPA at 40 CFR Part 50 and includes standards for carbon monoxide (CO), particulate matter, ozone (O3), sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).

BBB. National Emission Standards for Hazardous Air Pollutants (NESHAP) means the federal rules in 40 CFR Part 61.

CCC. National Emission Standards for Hazardous Air Pollutants for Source Categories means the federal rules in 40 CFR Part 63. These rules are commonly referred to as Maximum Available Control Technology (MACT) standards.

DDD. 1. Net Emissions Increase, as it applies to stationary sources subject to requirements for new sources in nonattainment areas, is defined in WAC 173-400-112.

2. Net Emissions Increase, as it applies to stationary sources subject to requirements for new sources in attainment or unclassified areas, is defined in WAC 173-400-113.

EEE. New Source means one or more of the following:

1. The construction or modification of a "stationary source" that increases the amount of any air contaminant emitted by such "stationary source" or that results in the emission of any air contaminant not previously emitted;

2. Any other project that constitutes a new source under the Federal Clean Air Act,

3. Restart of a "stationary source" after permanent shutdown; or

4. Relocation of a "stationary source" to a new location, except in the case of portable stationary sources operating under a valid "permit to operate" as provided in Article V, Section 5.08.A.2 through 5.08.A.5.

FFF. New Stationary Air Contaminant Source, as used in this Regulation, means the same as "new source".

GGG. New Source Performance Standards (NSPS) means the Federal rules in 40 CFR Part 60.

HHH. Nonattainment Area means a geographic area designated by EPA at 40 CFR Part 81 as exceeding a NAAQS for a given criteria pollutant. An area is nonattainment only for the pollutants for which the area has been designated nonattainment.

III. Nonroad Engine means:

1. Except as provided in 2. of this subsection, any internal combustion engine:

a. In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or

b. In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or

c. That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Methods of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

2. An internal combustion engine is not a nonroad engine if:

a. The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under Section 202 of the FCAA; or

b. The engine is regulated by a NSPS promulgated under Section 111 of the FCAA; or

c. The engine otherwise included in 1.c. of this subsection remains or will remain at a location for more than twelve consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced, will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.

JJJ. Notice of Construction (NOC) Application or Notice of Construction and Application for Approval means a written application to permit construction of a new source, modification of an existing stationary source or replacement or substantial alteration of control technology at an existing stationary source. Affected activities include, but are not limited to, equipment modifications or alterations, changes to process or control equipment, establishment of emission limits, installation of "new sources," control technology determinations, PSD determinations (by Ecology), and other items specified by the Authority.

KKK. ((T)) Odor means that property of a substance, which allows its detection by the sense of smell or through the use of instruments designed for that purpose.

LLL. ((U)) Opacity means the degree to which an object seen through a plume is obscured, stated as a percentage.

MMM. Outdoor Burning or Open Burning means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion in a manner approved by the Authority. For the purposes of this Regulation, "Outdoor burning" means all types of outdoor burning except agricultural burning and silvicultural burning (RCW 70.94.743)

((V. Open Fire, Outdoor Fire or Open Burning means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion in a manner approved by the Authority.))

NNN. Order means any order issued by Ecology or the Authority pursuant to Chapter 70.94 RCW, including, but not limited to RCW 70.94.332, 70.94.152, 70.94.153, and 70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action order, order of approval, permit to operate, compliance schedule order, consent order, order of denial, notice of violation, and regulatory order.

OOO. Order of Approval, Approval Order or Permit means a regulatory order issued by Ecology or the Authority to approve the Notice of Construction Application for a proposed new source or modification, or the replacement or substantial alteration of control technology at an existing stationary source.

PPP. Ozone depleting substance means any substance listed in Appendices A and B to Subpart A of 40 CFR Part 82.

QQQ. ((W)) Particulate Matter or P((p))articulates means any airborne finely_((-))divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

RRR. Particulate Matter Emissions means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air, as measured by applicable reference methods, or an equivalent or alternative method specified in Title 40 Chapter I of the Code of Federal Regulations or by a test method specified in the SIP.

SSS. Parts per Million by Volume (ppmv) means parts of a contaminant per million parts of gas or carrier medium, by volume, exclusive of water or particulate matter.

TTT. Permit to Operate, Permission to Operate and Temporary or Portable Permit means a regulatory order issued by Ecology or the Authority to approve the Notice of Intent to Install and Operate a Temporary Source Application for the relocation of a proposed temporary or portable stationary source.

UUU. Permitting Agency means the Authority, except that Ecology is the permitting agency pursuant to WAC 173-400-141 (PSD) and for air pollution sources that have been retained by Ecology's Industrial Sector, pursuant to RCW 70.94.422, in Spokane County.

VVV. ((X)) Person means an individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.

WWW. PM10 means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 CFR Part 50 Appendix J and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.

XXX. PM10 Emissions means finely-divided solid or liquid material, including condensible particulate matter, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in Appendix M of 40 CFR Part 51 or by a test method specified in the SIP.

YYY. ((Y)) Pollution Control Hearings Board of Washington((:)) means the body established under Chapter 43.21 RCW to adjudicate hearings pertaining to decisions and orders of the Authority ((Department of Ecology and other pollution control agencies)).

ZZZ. Portable Stationary Source means a stationary source consisting of one or more emission units that is portable or transportable (excluding non-road engines) that emits pollutants at a specific site for a brief period and then moves to another site(s) and emits pollutants for a brief period and that is established at any specific site for less than 12 consecutive months. Portable equipment includes, but is not limited to: portable rock crushers, portable asphalt plants, portable concrete batch plants and each of their auxiliary emissions producing equipment). The act of installing a portable source at a particular site is considered to be the construction of a new source or modification of an existing source and therefore is subject to the requirements of new source review the first time that the Portable Stationary Source locates in Spokane County; thereafter, the Portable Stationary Source is subject to the requirements of Sections 5.08.A.2 through 5.08.A.5 of this Regulation. A Portable Stationary Sources is a subset of Temporary Stationary Source.

AAAA. Potential-to-emit (PTE) means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions are not included in determining the potential-to-emit of a stationary source.

BBBB. Prevention of Significant Deterioration (PSD) means the program set forth in WAC 173-400-141.

CCCC. Reasonably Available Control Technology (RACT) means the lowest emission limit that a particular stationary source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an individual stationary source or source category, taking into account the impact of the stationary source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for any stationary source or source category shall be adopted only after notice and opportunity for comment are afforded. RACT shall apply to existing stationary sources.

DDDD. ((Z)) Refuse means putrescible and non-putrescible solid wastes including garbage, rubbish, ashes, incinerator residue, dead animals, abandoned automobiles, solid market wastes, street cleanings, and solid commercial and industrial waste (including waste disposal in industrial salvage).

EEEE. Regulatory Order means an order issued to a stationary air contaminant source by Ecology, or the Authority, which subjects that stationary source to applicable provisions of Chapter 70.94 RCW, or the rules and regulations adopted thereunder.

FFFF. Secondary Emissions means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the major stationary source or major modification which causes the secondary emissions. Secondary emissions may include, but are not limited to:

1. Emissions from ships or trains located at the new or modified stationary source; and

2. Emissions from any off-site support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification.

GGGG. Significant:

1. As it applies to new sources in nonattainment areas, is defined in WAC 173-400-112.

2. As it applies to new sources in attainment or unclassified areas, is defined in WAC 173-400-113.

3. As it applies to stationary air contaminant sources subject to Articles IV and X of this Regulation, means:

a. Increased emissions of 10 tons per year of any one toxic air pollutant or hazardous air pollutant; or,

b. Increased emissions of a combined 25 tons per year of two or more toxic air pollutants or hazardous air pollutants; or,

c. In reference to a net emissions increase or the stationary source's potential-to-emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter (PM): 25 tpy of PM emissions
15 tpy of PM-10 emissions
Volatile organic compounds: 40 tpy
Fluorides: 3 tpy
Lead: 0.6 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2S): 10 tpy
Total reduced sulfur (including H2 S): 10 tpy
Reduced sulfur compounds (including H2S): 10 tpy
Municipal waste combustor organics: (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) 3.2 grams per year (0.112 oz. per year or 49 grains per year)
Municipal waste combustor metals: (measured as particulate matter) 14 megagrams per year (15 tpy)
Municipal waste combustor acid gases: (measured as sulfur dioxide and hydrogen chloride) 36 megagrams per year (40 tpy)
Municipal solid waste landfill emissions: (measured as nonmethane organic compounds) 45 megagrams per year (50 tpy)
Ozone-depleting substances (in effect on the date listed in Article II, Section 2.13 of this Regulation): 100 tpy

d. Regardless of the definition in GGGG.3, significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification which constructs a stationary air contaminant source within 10 kilometers of a Class I area, and has an ambient air quality impact on such area equal to, or greater than, 1 microgram per cubic meter (twenty-four-hour average), demonstrated through an Authority approved dispersion model.

HHHH. ((AA)) Silvicultural Burning means burning on unimproved land the Department of Natural Resources protects pursuant to RCW 70.94.030(20), 70.94.660, 70.94.690 and pursuant to Chapter ((RCW)) 76.04 RCW.

IIII. ((BB)) Source means all of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products. Activities shall be considered ancillary to the production of a single product or functionally related group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 supplement.

JJJJ. Source Category means all sources of the same type or classification.

KKKK. Stack means any point in a stationary source designed to emit solids, liquids, or gases into the air, including a pipe or duct.

LLLL. Stage I Vapor Recovery means the capture of all gasoline vapors at gasoline dispensing facilities during the transfer of gasoline from a transport tank into a stationary storage tank, except motor vehicle refueling. Regulations relating to Stage I vapor recovery are found in Chapter 173-491 WAC.

MMMM. Stage II Vapor Recovery means the capture of gasoline vapors at gasoline dispensing facilities during the transfer of gasoline from a stationary storage tank into a motor vehicle fuel tank. Regulations relating to Stage II vapor recovery are found in Chapter 173-491 WAC.

NNNN. ((CC)) Standard Conditions means a temperature of 200C (680F) and a pressure of 760 mm (29.92 inches) (((760 mm))) of mercury.

OOOO. State Implementation Plan (SIP) or Washington SIP means the Washington SIP in 40 CFR Part 52, subpart WW. The SIP contains state, local and federal regulations and orders, the state plan and compliance schedules approved and promulgated by EPA, for the purpose of implementing, maintaining, and enforcing the National Ambient Air Quality Standards.

PPPP. Stationary Air Contaminant Source means the same as "Stationary Source".

QQQQ. Stationary Source means any building, structure, facility, or installation that emits or may emit any air contaminant. This term does not include emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle, as defined in Section 216(11) of the Federal Clean Air Act.

RRRR. Synthetic Minor means any stationary source whose potential-to-emit has been limited below applicable major stationary source thresholds by means of a federally enforceable order, rule, or permit condition.

SSSS. Temporary Stationary Source means a stationary source consisting of one or more emission units that is portable or transportable (excluding non-road engines) that emits pollutants at a specific site for a brief period and then not again for the foreseeable future and that is established at any site for less than 12 consecutive months. A temporary stationary source includes, but is not limited to: a temporary boiler, while a permanent boiler is undergoing maintenance; fugitive dust emissions associated with the construction of a new building; non-stationary stump grinders and each of their auxiliary emissions producing equipment). The act of installing a Temporary Stationary Source at a particular site may or may not be considered to be the construction of a new source or modification of an existing source and therefore may or may not be subject to the requirements of new source review.

TTTT. Total Actual Annual Emissions means the total of all criteria and toxic air pollutant emissions for the most recent complete year that is available to the Authority.

UUUU. Total Reduced Sulfur (TRS) means the sum of the mass of sulfur compounds, hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides, emitted and measured by EPA method 16 in Appendix A to 40 CFR Part 60 or an approved equivalent method and expressed as hydrogen sulfide.

VVVV. Total Suspended Particulate means the mass of particulate matter as measured by the method described in 40 CFR Part 50 Appendix B.

WWWW. Toxic Air Pollutant (TAP) or Toxic Air Contaminant means any Class A or B toxic air pollutant listed in WAC 173-460-150 and 173-460-160. The term toxic air pollutant may include particulate matter and volatile organic compounds, if an individual substance or a group of substances within either of these classes is listed in WAC 173-460-150 and/or 173-460-160. The term toxic air pollutant does not include particulate matter and volatile organic compounds as generic classes of compounds.

XXXX. Upset condition means a failure, breakdown, or malfunction of any piece of process equipment or pollution control equipment that causes, or has the potential to cause, excess emissions.

YYYY. Unclassifiable Area means an area that cannot be designated attainment or nonattainment on the basis of available information as meeting or not meeting the National Ambient Air Quality Standard for the criteria pollutant and that is listed by EPA at 40 CFR Part 81.

ZZZZ. United States Environmental Protection Agency (USEPA) shall be referred to as EPA.

AAAAA. Visibility impairment means any humanly perceptible change in visibility (light extinction, visual range, contrast, or coloration) from that which would have existed under natural conditions.

BBBBB. Visibility impairment of Class I areas means visibility impairment within the Class I area and visibility impairment of any formally designated integral vista associated with the Class I area.

CCCCC. Volatile Organic Compound (VOC) means any carbon compound that participates in atmospheric photochemical reactions.

1. Exceptions. The following compounds are not a VOC: Acetone; carbon monoxide; carbon dioxide; carbonic acid; metallic carbides or carbonates; ammonium carbonate, methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro 1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane((CF3)2CFCF2OC2H5); methyl acetate and perfluorocarbon compounds that fall into these classes:

a. Cyclic, branched, or linear completely fluorinated alkanes;

b. Cyclic, branched, or linear completely fluorinated ethers with no unsaturations;

c. Cyclic, branched, or linear completely fluorinated tertiary amines with no unsaturations; and

d. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

2. For the purpose of determining compliance with emission limits, VOC is measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where the method also measures compounds with negligible photochemical reactivity, these negligibly reactive compounds are excluded as VOC, if the amount of the compounds is accurately quantified, and the exclusion is approved by the Authority, or EPA.

3. As a precondition to excluding these negligibly-reactive compounds as VOC or at any time thereafter, the Authority may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the Authority, the amount of negligibly-reactive compounds in the stationary source's emissions.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

ARTICLE II



GENERAL PROVISIONS

ADOPTED: June 9, 1969


REVISED:
?


EFFECTIVE ?


AMENDATORY SECTION (Amending Order Res. 74-09 filed 4/1/74)


SECTION 2.01 POWERS AND DUTIES OF THE BOARD


A. Pursuant to, and consistent with, the provisions of the (("))Washington Clean Air Act ((" RCW 70.94)) Chapter 70.94 RCW, the Board shall establish such procedures and take such action as may be required to implement Section 1.01 of this Regulation ((consistent with the State Act and other applicable laws)). The Board may take such action as may be necessary to prevent air pollution, including control and measurement of the emission of any air contaminant from a source. The Board shall appoint a Control Officer, competent in the control of air pollution who shall, with the Board's advice and approval, enforce the provisions of ((this Regulation and)) all ordinances, orders, resolutions, ((or)) rules and regulations of this Authority, pertinent to the control and prevention of air pollution in ((the)) Spokane County.

B. The Board shall have the power to hold hearings relating to any aspect of or matter in the administration of this Regulation and in connection therewith; issue subpoenas to compel the attendance of witnesses and production of evidence, administer oaths and take the testimony of any person under oath.

C. The Board shall have the power to adopt, amend and repeal its own ordinances, resolutions, rules, ((or)) orders and regulations. Any adoption, amendment, or repeal of the Board's ordinances, resolutions, rules, ((or)) orders and regulations shall be made after due consideration at a public hearing held in accordance with Chapter 42.30 RCW, and shall have the same force and effect as all other of the Board's ordinances, resolutions, rules, or orders and regulations as soon as adopted by the Board. (See RCW 70.94.141)

AMENDATORY SECTION (Amending Order Res. 02-01, filed 1/3/02)


SECTION 2.02 CONTROL OFFICER'S DUTIES AND POWERS


A. The Control Officer and/or his authorized ((agent)) representatives shall observe and enforce the provisions of the ((State Law)) Washington Clean Air Act and all orders, ordinances, resolutions, ((or)) rules and regulations of the Authority pertaining to the control and prevention of air pollution pursuant to the policies set forth ((down)) by the Board.

B. The Control Officer, with the approval of the Board, shall have the authority to appoint and remove such employees as are necessary to the performance of the duties assigned to him and to incur necessary expenses within the limitations of the budget.

C. The Control Officer shall maintain appropriate records and submit reports as required by the Board, ((the State Agency)) Ecology, and EPA ((the appropriate Federal Agencies)).

D. The Control Officer may engage, at the Authority's expense, within the limitation of the budget, qualified individuals or firms to make independent studies and reports as to the nature, extent, quantity or degree of any air contaminants which are or may be discharged from any source within the Authority's jurisdiction.

E. For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the atmosphere, the Control Officer, Ecology, or their duly authorized representatives shall have the power to enter at reasonable times upon any private or public property, excepting non-multiple unit private dwellings housing two families or less. No person shall refuse entry or access to the Control Officer, Ecology, or their duly authorized representative who requests entry for the purpose of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection.

F. If an authorized employee of the Authority, during the course of an inspection desires to obtain a sample of air contaminant, fuel, process material or other material that affects or may affect the emission of air contaminants, he/she shall notify the owner or lessee of the time and place of obtaining a sample so the owner or lessee has the opportunity to take a similar sample at the same time and place, and the Control Officer or the authorized representative of the Authority shall give a receipt to the owner or lessee for the sample obtained.

G. The Control Officer shall be empowered by the Board to sign official complaints or issue citations or initiate court suits or use other legal means to enforce the provisions of ((this)) the Authority's Regulation.

H. The Control Officer or his/her duly authorized representative may obtain, from the owner or operator of an air contaminant source, information or analyses that discloses the nature, extent, or quantity of air contaminants which are, or may be, discharged by such an air contaminant source, and the control equipment in use on such air contaminant source((, when the information or analyses is available or reasonably capable of being assembled)).

I. The Control Officer or his/her duly authorized representative may require that safe access and adequate sampling facilities be provided to the Authority by the owner or operator of an air contaminant source that is to be tested. ((The Authority shall request and receive, of the owner or operator of the facility, access to the facility at least fifteen (15) days prior to the date when the air contaminant source will be tested.))

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.


AMENDATORY SECTION (Amending Order Res. 92-06, filed 4/9/92)


SECTION 2.03 CONFIDENTIAL OR PROPRIETARY INFORMATION (SEE RCW 70.94.205)


The Authority implements and enforces RCW 70.94.205. ((Whenever any records or other information, other than ambient air quality data or emission data, furnished to or obtained by the Authority, pursuant to Chapter 70.94 RCW, relate to processes or production unique to the owner or operator, or is likely to adversely affect the competitive position of such owner or operator if released to the public or to a competitor and the owner or operator of such processes or production so certifies, such records or information shall be only for the confidential use of the Department of Ecology or the Authority. (RCW 70.94.205)))

AMENDATORY SECTION (Amending Order Res. 97-04, filed 4/3/97)


SECTION 2.04 VIOLATIONS (SEE RCW 70.94.211)


The Authority implements and enforces RCW 70.94.211.

A. ((At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 or RCW 70.94.431, the Authority shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of Chapter 70.94 RCW, or any regulation, ordinance, or resolution in force pursuant thereto, alleged to be violated and the facts alleged to constitute a violation thereof, and may include an order directing that necessary corrective action be taken within a reasonable amount of time. In lieu of an order, the Board or the Control Officer may require that the alleged violator or violators appear before the Board of Directors for a hearing. Every Notice of Violation shall offer to the alleged violator an opportunity to meet with the Authority prior to the commencement of enforcement action.

B. The Control Officer may, in place of an order or hearing after service of a notice of violation, request the County Prosecutor to prosecute a criminal action against the violator.))

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 74-09, filed 4/1/74)


SECTION 2.05 ORDERS AND HEARINGS (SEE RCW 70.94.221)


The Authority implements and enforces RCW 70.94.221.

((A. Any order issued by the Board or by the Control Officer, which is not preceded by a hearing, shall become final, unless such order is appealed to the Hearings Board no later than thirty (30) days after the date the notice and order are served. All petitions of appeal from the notice and order are to be filed with the offices of the Pollution Control Hearings Board of Washington. (Chapter 43.21B RCW)))

AMENDATORY SECTION (Amending Order Res. 74-09, filed 4/1/74)


SECTION 2.06 APPEAL((S)) OF ((FROM)) BOARD ORDERS ((JUDICIAL REVIEW))


A. Any order issued by the board or by the control officer, shall become final unless such order is appealed to the hearings board as provided in chapter 43.21B RCW. This is the exclusive means of appeal of such an order.

B. The Control Officer may stay the effectiveness of an order during the pendency of such an appeal. At any time during the pendency of such an appeal of such an order to the PCHB, the appellant may apply to the PCHB pursuant to Chapter 43.21B RCW and Chapter 371-08 WAC for a stay of the order or for the removal thereof.

C. Upon failure to comply with any final order of the Board or Control Officer, the attorney for the Authority, upon request of the Board or Control Officer, may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary.

((A. Any order issued by the Board after a hearing shall become final, unless no later than thirty days after the issuance of such order, a notice of appeal is filed with the Hearings Board as provided in RCW 43.21(B).

B. Any order issued by the Board after the hearing shall become final unless no later than thirty days after the issuance of such order, a petition requesting judicial review is filed in accordance with the provisions of Chapter 34.04 RCW and now or hereafter amended. When such a petition is filed, the Superior Court shall initiate a hearing pursuant to RCW 34.04.130 within ninety days after the receipt of the petition requesting judicial review. Every appeal from a decision of the)) Superior Court shall be heard by the appropriate appellate courts as soon as possible. Such appeals shall be considered a case involving issues of broad public import, requiring prompt and ultimate determination.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


SECTION 2.07 (RESERVED)
((STATUS OF ORDERS OR APPEAL


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

B. Nothing in this Regulation shall prevent the Board or Control Officer from making efforts to obtain voluntary compliance through warning, conference or any other appropriate means. (RCW 70.94.223)))

AMENDATORY SECTION (Amending Order Res. 97-04, filed 4/3/97)


SECTION 2.08 FALSIFICATION OF STATEMENTS OR DOCUMENTS, AND TREATMENT OF DOCUMENTS


A. No person shall willfully make a false or misleading statement to the Board or their authorized representative as to any matter within the jurisdiction of the Board.

B. No person shall reproduce or alter, or cause to be reproduced or altered, any order, registration certificate, or other paper issued by the Authority if the purpose of such reproduction or alteration is to evade or violate any provision of Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto.

C. Any order or registration certificate required to be obtained by Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto, shall be available for review on the premises designated on the order or certificate.

D. In the event the Authority requires a notice to be displayed, it shall be posted. No person shall mutilate, obstruct or remove any notice unless authorized to do so by the Authority.

E. No person shall make any false material statement, representation or certification in any form, in any notice or report required under Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto.

F. No person shall render inaccurate any monitoring device or method required under Chapter 70.94 RCW, or any regulation, ordinance, resolution, permit, or order in force pursuant thereto.

AMENDATORY SECTION (Amending Order Res. 74-09, filed 4/1/74)


SECTION 2.09 (RESERVED) ((SERVICE OF NOTICE


A. Service of any written notice required by this Regulation shall be made on the owner or lessee of equipment, or his agent as follows:

1. Either by mailing the notice in a prepaid envelope directed to the owner or lessee of the equipment, or his agent, at the address listed on his application or order of registration certificate, or at the address where the equipment is located, by United States Postal Service Certified Mail, return receipt requested, or,

2. By leaving the notice with owner or lessee of the equipment, or his agent, or if the owner or lessee is not an individual, then a member of the partnership or other concerned or with an officer or managing agent of the corporation.

B. Service of any written notice required by this Regulation shall be made to the Authority as follows:

1. Either by mailing the notice in a prepaid envelope directed to the Authority at its office, by United States Postal Service Certified Mail, return receipt requested, or

2. By leaving the notice at the Authority office with an employee of the Authority.))

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


SECTION 2.10 SEVERABILITY


If any phrase, clause, subsection or section of this Regulation shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the Board ((of Directors)) would have enacted the Regulation without the phrase, clause, subsection or section so held unconstitutional or invalid and the remainder of the Regulation shall not be affected as a result of said part being held unconstitutional or invalid. (((RCW 70.94.911)))

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 97-04, filed 4/3/97)


SECTION 2.11 (SEE RCW 70.94.430 (CRIMINAL PENALTIES), 431 (CIVIL PENALTIES), & 435 (ADDITIONAL MEANS FOR ENFORCEMENT))
((PENALTIES))


The Authority implements and enforces Chapter 70.94.430, 431, & 435 RCW.

A. Criminal Penalties

1. Any person who knowingly violates any of the provisions of Chapter 70.94 RCW or any regulation, ordinance, or resolution in force pursuant thereto, is guilty of a crime and upon conviction is subject to punishment by a fine or by imprisonment in county jail or by both fine and imprisonment, as provided by Chapter 70.94 RCW, for each separate violation. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violation.

2. Any person who negligently releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a crime and upon conviction is subject to punishment by a fine or by imprisonment or both, as provided by Chapter 70.94 RCW.

3. Any person who knowingly releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily harm, is guilty of a crime and upon conviction is subject to punishment by a fine or by imprisonment or both, as provided by Chapter 70.94 RCW.

4. Any person who knowingly fails to disclose a potential conflict of interest under Chapter 70.94 RCW is guilty of a gross misdemeanor, and upon conviction thereof, is subject to a fine as provided by Chapter 70.94 RCW.

B. Other Penalties

1. a. In addition to, or as an alternative to, any other penalty provided by law, any person who violates any of the provisions of Chapter 70.94 RCW or any of the rules and regulations of the Department of Ecology or this Authority in force under this chapter may incur a civil penalty in an amount not to exceed that provided by Chapter 70.94 RCW for each violation. Each such violation is a separate and distinct offense, and in case of a continuing violation, each day's continuance is a separate and distinct violation.

b. Any person who fails to take action as specified by an order issued pursuant to Chapter 70.94 RCW or this Regulation is liable for a civil penalty in an amount not to exceed the penalty authorized by Chapter 70.94 RCW for each day of continued noncompliance.

2. Penalties incurred but not paid shall accrue interest, beginning on the ninety-first day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the thirty-first day following final resolution of the appeal.

3. Each act of commission or omission, which procures, aids, or abets in the violation, is a violation under the provisions of this section and subject to the same penalty.

4. The penalty is due and payable on the later of:

a. Thirty days after receipt of the notice imposing the penalty;

b. Thirty days after receipt of the notice of disposition on application for relief from penalty, if such an application is made; or.

c. Thirty days after receipt of the notice of decision of the Pollution Control Hearings Board of Washington if the penalty is appealed.

If the penalty is not paid within thirty days after it becomes due and payable, the Authority may bring an action to recover such penalty in the Superior Court of Spokane County. The penalties provided by Chapter 70.94 RCW and this section are imposed pursuant to RCW 43.21B.300.

5. All penalties recovered under this section by the Authority shall be payable to the treasury of the Authority and credited to its funds.

6. To secure the penalty incurred under this section, the Authority shall have a lien on any vessel used or operated in violation of this chapter which shall be enforced as provided in RCW 60.36.050.

7. In addition to other penalties provided by this section, persons falsifying emission data or other information used to set fees, or persons required to pay emission, registration, permit, or any other fee payable to the Authority, who are more than ninety days late with such payments, are subject to a penalty equal to three times the amount of the original fee. The penalty shall be in addition to the fee.))

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


SECTION 2.12 (SEE RCW 70.94.425)
((RESTRAINING ORDER - INJUNCTION - OTHER COURT ORDER


The Authority implements and enforces RCW 70.94.425.

Notwithstanding the existence or use of any other remedy whenever any person has engaged in, or is about to engage in, acts or practices which constitute or will constitute a violation of any provision of this regulation or any rule, regulation or order issued by the Board, or Control Officer or his authorized agent, the Board, or their designee, after notice to such person and an opportunity to comply, may petition the County Superior Court for a restraining order or a temporary or permanent injunction or another appropriate order. (RCW 70.94.425)))

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION


SECTION 2.13 FEDERAL REGULATION REFERENCE DATE


Whenever federal laws or regulations are referenced in this Regulation, the effective date shall be July 1, 2001, unless otherwise noted.

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

ARTICLE III


AMENDATORY SECTION [TITLE] (Amending Board Adoption, 6/9/69)


VARIANCES((, WHEN PERMITTED))

ADOPTED: June 9, 1969


REVISED:
?


EFFECTIVE: ?

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.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


SECTION 3.01 Variances -- Application for -- Considerations -- Limitations -- Renewals -- Review.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


A. Any person, or group of persons, who own or is in control of any plant, building, structure, establishment, process((es)) or ((like)) equipment, may apply to the Board for a variance from rules or regulations governing the quality, nature, duration or extent of discharges of air ((process or equipment, including a group of persons who owns or controls like)) contaminants. The application shall be accompanied by such information and data as the Board may require. The Board may grant such variance, provided that variances to state rules shall require Ecology's approval, prior to being issued by the Board. The total time period for a variance and renewal of such variance shall not exceed one year. Variances may be issued by either Ecology, where Ecology has retained jurisdiction, or the Board, but only after public ((hearing or due notice)) involvement per WAC 173-400-171, if it finds that:

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

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

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION


B. In addition to the requirements of Section 3.01.A above, applications seeking a variance shall not be considered complete unless the applicant provides:

1. A list of interested parties and neighbors within 500 feet or more of the property on which the variance is proposed to occur, as deemed necessary by the Control Officer.

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


C. ((B.)) No variance shall be granted pursuant to this section until the Board has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public. The Board shall conduct a fact-finding public hearing, upon due notice being published and sent to all interested parties within 500 feet of the property on which the variance is proposed. The Control Officer may require notice to parties beyond 500 feet, if deemed necessary. A 30-day advance public notice shall be published in a newspaper of general circulation in the area of the proposed variance and shall include the following information:

1. The time, date, and place of the hearing;

2. The name and address of the owner or operator and the source;

3. A brief description of the variance request; and

4. The deadline for submitting written comments to the Agency.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


D. ((C.)) Any variance or renewal thereof shall be granted within the requirements of Section 3.01.A of this Regulation ((Subsection A and for a time period and)) under conditions consistent with the reasons therefor((e)), and within the following limitations:

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

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

3. If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in Sections 3.01.D.1 and 3.01.D.2 of this Regulation ((Item I and 2 of this subsection)), it shall be for not more than one (1) year.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


E. ((D.)) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the Board on account of the variance, no renewal thereof shall be granted unless, following a public hearing on the complaint on due notice, the Board finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least sixty (60) days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Board shall give public notice of such application in accordance with rules and regulations of Ecology or the Authority ((the Board)).

AMENDATORY SECTION (Amending Order Res. 74-09 filed 4/1/74)


F. ((E.)) A variance or renewal shall not be a right of the applicant or holder thereof, but shall be granted at the discretion of the Board. ((Any)) However, any applicant adversely affected by the denial ((of)) or the terms and conditions of the granting of an application for a variance or renewal of ((the)) a variance by the Board, may obtain judicial review thereof only under the provisions of ((Chapter 43.21B RCW)) Chapter 34.05 RCW, as now or hereafter amended.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


G. ((F.)) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of RCW ((70.94.415 of the Washington Clean Air Act)) 70.94.710 through 70.94.730 to any person or his ((property. (RCW 70.94.181))) or her property.

NEW SECTION


H. An application for a variance, or for the renewal thereof, submitted to the Board pursuant to this Section shall be approved or disapproved by the Board within sixty-five days of receipt, unless the applicant and the Board agree to a continuance.

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION


SECTION 3.02 FILING


A fee, as established in Section 10.08.D of this Regulation, shall be assessed to, and paid by, the applicant for requests pursuant to this Article. The applicant shall also be responsible to pay all costs associated with any legal notice(s) required pursuant to this Article.

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

ARTICLE IV



REGISTRATION

ADOPTED: June 9, 1969


REVISED: May 4, 2000


EFFECTIVE: June 8, 2000

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 4.01 REGISTRATION REQUIRED


The Authority regulates the classes of ((air contaminant)) stationary sources, listed in Exhibit R, under the authority of RCW 70.94.151. An ((air contaminant)) stationary source, listed in Exhibit R, whether publicly or privately owned, shall register with the Authority, unless exempted under Section 4.03 of this Article.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 4.02 GENERAL REQUIREMENTS FOR REGISTRATION


A. Registration Responsibility. The owner, operator, or a designated agent of an ((air contaminant)) stationary source, shall register said ((Registration of an air contaminant)) stationary source, except those stationary sources exempted under Section 4.03 of this Article((, shall be made by the owner or operator of the source, or an appointed agent)), ((on)) using forms furnished by the Authority. The owner ((of the source)) and operator of the stationary source are responsible for registration and for submitting accurate information.

B. Registration Information. The owner, operator, or designated agent shall register ((Registration shall be required for)) each emissions unit, including quantifiable fugitive air emissions, located at the stationary source. The owner, operator, or designated agent shall provide ((make reports)) information to the Authority, ((containing information,)) as may be required by the Authority, concerning location, size, and height of air contaminant outlets, processes employed, nature of the air contaminant emission, and such other information, as is relevant to air pollution ((and available or reasonably capable of being assembled)). The owner, operator, or designated agent shall update ((R))registration information ((shall be updated)) annually, ((by the owner or operator on)) using forms provided by the Authority.

C. Signature. ((Each registration shall be signed by t))The owner, ((or)) operator, or the designated agent for such owner or operator shall sign each registration form verifying that the information on the form is to his or her knowledge, complete and accurate.

D. ((New Sources. The owner or operator of an air contaminant source shall file a Notice of Construction and Application for Approval, in accordance with Article V of this Regulation, prior to establishing any new or modified air contaminant source. An approved Notice of Construction suffices to meet the initial requirement to register the air contaminant source. Registration information shall be updated annually thereafter.))

D. Reporting requirements for transfer or change of ownership of registered stationary sources. ((Transfer of Ownership.))

1. The new owner or operator, that assumes ownership and/or operational control of a registered stationary source, shall report any change of ownership or change of operator to the Authority, ((on forms provided by the Authority,)) within ninety (90) days of completing transfer of ownership and/or assuming operational control ((any such change)). The new owner or operator shall report the change on "Change of Ownership Forms" provided by the Authority. The report shall contain the following information:

a. Legal name of the company prior to transfer;

b. Site address;

c. Previous owner's name;

d. New legal name of company (if different)

e. New owner's name;

f. New owner's mailing address;

g. New owner's phone number;

h. Effective date of the transfer;

i. Description of the affected emission units; and

j. New owner's or responsible agent's signature.

2. Any liability for fee payment, including payment of delinquent fees and other penalties shall survive any transfer of ownership of a stationary source.

E. ((F.)) Reporting requirements for permanent shutdown of registered stationary sources. ((Source Closure.))

1. The owner or operator shall file a "Source Closure Notification Form" ((A report of closure shall be filed by the owner or operator)) with the Authority within ninety (90) days after the owner or operator determines that operations, producing air contaminant emissions, have permanently ceased. The report shall contain the following information:

a. Legal name of the company prior to closure or shutdown;

b. Stationary source address;

c. Effective date of the stationary source closure or emissions unit shutdown;

d. Description of the affected emission units; and

e. Owner's or responsible agent's signature.

(In the event the owner or operator of a source discontinues operations, but continues payment of the annual registration fee to the Authority, the registration and the status of the source with the Authority are maintained as if the source were still in operation. In such a case, a report of closure is not required.))

((Prior to re-opening a closed source, or establishing a new source at a site for which the Authority has received a closure report, the proponent shall contact the Authority for a determination as to whether Notice of Construction and Application for Approval must be filed with, and approved by the Control Officer, per the requirements of SCAPCA Regulation I, Article V))

2. In the event of a permanent closure, process and pollution control equipment may remain in place and on site, but shall be configured such that the equipment or processes are incapable of generating emissions to the atmosphere (e.g. disconnection of power to equipment, mechanical positioning that inhibits processing; placing of padlocks on equipment to prevent operation).

F. ((G.)) New Sources.

1. The owner or operator of an stationary source shall file a Notice of Construction and Application for Approval, in accordance with Article V of this Regulation, prior to establishing any new or modified stationary source. An approved Notice of Construction and Application for Approval suffices to meet the initial requirement to register the stationary source. Registration information shall be updated annually thereafter.

2. Prior to re-opening a closed stationary source, or establishing a new source at a site for which the Authority has received a "Source Closure Notification Form", the proponent shall contact the Authority for a determination as to whether a Notice of Construction and Application for Approval must be filed with, and approved by, the Control Officer, per the requirements of Article V of this Regulation, prior to operation.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 4.03 REGISTRATION EXEMPTIONS


A. Operating Permit Sources. Stationary ((S))sources subject to Chapter 173-401 WAC (air operating permit sources) are exempt from the registration requirements of this Article.

B. Grain Handling Facilities that handle less than or equal to 10 million bushels of grain annually. If registration has been made and a registration fee has been paid for a stationary source that is properly classified as a grain warehouse or grain elevator under Standard Industrial Classification (SIC) code 5153/NAICS 422510, 1972, as amended by the 1977 Supplement, and that is licensed by the Department of Agriculture under Chapter 22.09 RCW or by the federal government for purposes similar to those of licensure under Chapter 22.09 RCW, and that handles less than or equal to 10 million bushels of grain annually, registration or a registration fee shall not be required again unless the licensed capacity of the stationary source increases to greater than 10 million bushes of grain annually. The stationary source is subject to all other applicable requirements of this Regulation.

If the licensed capacity increases to greater than 10 million bushes of grain annually, registration shall be made, and a registration fee paid, prior to the date that the stationary source receives grain from the first harvest season that occurs after the increase in its licensed capacity. In addition, if required under Article V of this Regulation, a Notice of Construction and Application for Approval ((application)) shall be filed with and approved by the Authority prior to increasing the licensed capacity of the stationary source to greater than 10 million bushes of grain annually.

((C. Agricultural Operations. Agricultural operations as defined in RCW 70.94.640 (5)(a) are exempt from the registration requirements of this Article.))

C. ((D.)) Dwellings of Four Families or Less. Fuel burning equipment that serves dwellings of four or less families is exempt from the registration requirements of this Article.

((E. Source Specific Facilities. Any person may submit a written request to the Control Officer for an exemption from the registration requirements of this Article, providing justification for such request.

1. At a minimum, the request shall provide an inventory of emissions, emission points, and location, sufficient for the Authority to determine how the source impacts air quality and the public.

2. Within 30 calendar days of receipt of an exemption request, the Authority may require additional information it deems necessary to determine if an exemption is appropriate.

3. Within 15 calendar days of receiving of the additional information, the Control Officer shall make a determination as to whether an exemption will be granted. Consideration shall be given to:

a. Potential impacts from the source on ambient air quality standards;

b. Potential nuisance from odors and particulate matter emissions;

c. Public exposure to toxic air pollutants; as defined in WAC 173-400-030:

d. The source's ability to meet applicable emission standards;

e. Potential damage to business or property; and

f. Importance of periodic verification that emission units, including any associated air pollution control equipment, are being properly maintained and operated.

4. Any source exempted from registration under this subsection shall maintain sufficient documentation, as may be required in the Control Officer's determination, to verify that the source is entitled to continued exemption under this section.

5. The Authority, or an authorized representative, may periodically verify, through inspection, survey, records request, or other appropriate means, that the source is meeting applicable regulations and the conditions of the exemption approval letter, if the exemption is granted.))

((F. Source Category De Minimis Level Exemptions. The Control Officer may establish de minimis levels, based on the criteria presented in Section 4.03.D, or other relevant criteria, below which registration of a source category, as defined in Exhibit R, is not required. Any source exempted from registration under this subsection shall maintain sufficient documentation, as required by the Authority, to verify that the source is entitled to continued exemption under this section.))

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


EXHIBIT R
- STATIONARY SOURCE AND STATIONARY SOURCE CATEGORIES SUBJECT TO REGISTRATION


NOTE: Emission rates in this Section are based on ((actual)) uncontrolled PTE emissions, unless otherwise noted.

1. Acid production plants, including all acids listed in Chapter 173-460 WAC.

2. Abrasive blasting operations, except portable blasting operations operating at a construction site, or at a site for less than 30 ((60)) days in any running 12-month period and operations that are inside a building and any associated air pollution control equipment that exhausts inside of the building.

3. Agricultural chemicals, manufacturing, mixing, packaging and/or other related air contaminant emitting operations (fertilizer concentrates, pesticides, etc.).

4. Agricultural drying and dehydrating operations.

5. Alumina processing operations.

6. Ammonium sulfate manufacturing plants.

7. ((Any category of stationary sources subject to a federal standard of performance (NSPS) under 40 CFR Part 60, other than Subpart S (Primary Aluminum Reduction Plants), BB (Kraft Pulp Mills) or AAA (New Residential Wood Heaters).)) Any stationary source category that qualifies as construction, reconstruction or modification of an affected facility, within the meaning of 40 CFR Part 60 - New Source Performance Standards (NSPS), effective the date listed in Article II, Section 2.13 of this Regulation; except Part AAA, (New Residential Wood Heaters). Ecology is responsible for regulation of projects subject to BB (Kraft Pulp Mills) and Subpart S (Primary Aluminum Reduction Plants);

8.a. ((Any source category subject to a National Emission Standard for Hazardous Air Pollutants (NESHAP) under 40 CFR Parts 61 and 63, other than Subpart M (asbestos on roadways, asbestos demolition or renovation activities, or asbestos spraying))). Any stationary source that qualifies as a new or modified stationary source within the meaning of 40 CFR 61.02 - National Emission Standards for Hazardous Air Pollutants (NESHAP), (effective the date listed in Article II, Section 2.13 of this Regulation); except for asbestos on roadways, asbestos demolition or renovation activities subject to 40 CFR 61.145 and;

b. Any stationary source that qualifies as a new stationary source within the meaning of 40 CFR 63.2 - National Emission Standards for Hazardous Air Pollutants for Source Categories (commonly referred to as MACT Standards), effective the date listed in Article II, Section 2.13 of this Regulation;

c. Any stationary source that qualifies as a new major stationary source, or a major modification;

d. Any modification to a stationary source that requires an increase either in a facility-wide emission limit or in a unit specific emission limit.

9. A stationary source listed in 9.e., below that:

a. emits any single criteria pollutant, or its precursors, as defined in 40 CFR 51.852, exceeding emission rates of 0.5 tons per year, or in the case of lead, emissions rates greater than or equal to .005 tons per year, or

b. emits toxic air pollutants, as defined in Article I, Section 1.04 of this Regulation ((WAC 173-460-020(20))), with emission rates exceeding the small quantity emission rates established in WAC 173-460-080 (((2)(e))), or

c. emits combined air contaminants (criteria, VOCs, or TAPs) in excess of 1.0 ton per year, or

d. emits combined toxic air pollutant and volatile organic compound emissions greater than ((t)) 0.5 tons per year.

e. The above criteria in 9.a. through 9.d. applies to the following stationary source categories:

1) Bakeries

2) Bed lining or undercoating production or application operations,

3) Degreasers/solvent cleaners, not subject to 40 CFR Part 63, Subpart T (Halogenated Solvent Cleaners); including, but not limited to, vapor, cold, open top and conveyorized cleaner,

4) Evaporators,

5) Graphic art systems including, but not limited to, lithographic and screen printing operations,

6) Organic vapor collection systems within commercial or industrial facilities,

7) Soil and groundwater remediation operations,

8) Sterilizing ((equipment)) operations, including, but not limited to EtO and hydrogen peroxide, and other sterilizing operations,

9) Utilities, combination electric and gas, and other utility services (SIC 493/NAICS 221111 through 221210, not in order given),

10) Wood furniture stripping and treatment operations (commercial only), and

11) Any stationary source or stationary source category not otherwise identified ((listed)) in this exhibit.

10. Any stationary source with significant emissions as defined in ((SCAPCA Regulation 1,)) Article I ((X)), Section 1((0)).04 ((1)) of this Regulation.

11. Any stationary source required to obtain an approved Notice of Construction and Application for Approval under Article V of this Regulation.

12. Any stationary source (including stationary sources that generate fugitive emissions ((sources))) for which the Control Officer determines that registration is necessary in order to reduce the potential impact from the stationary source's air emissions on: the health, safety, and/or welfare of the public, or unreasonable interference with any other property owner's use and enjoyment of his property, or damage to other property owner's property or business.

13. Any stationary source where the owner or operator has elected to avoid one or more requirements of the operating permit program established in Chapter 173-401 WAC, by limiting its potential-to-emit (synthetic minor) through an order issued by the Authority.

14. Any stationary source that is required to report periodically to demonstrate nonapplicability to requirements under Sections 111 or 112 of the Federal Clean Air Act.

15. Asphalt and asphalt products production operations (asphalt roofing and application equipment excluded).

16. Brick and clay products manufacturing operations (tiles, ceramics, etc). Noncommercial operations are exempt.

17. Bulk gasoline and aviation gas terminals, bulk gasoline and aviation gas plants, and gasoline and aviation gas loading terminals.

18. Cattle feedlots with operational facilities, which have an inventory of ((for)) one thousand or more cattle in operation between June 1 and October 1, where vegetation forage growth is not sustained over the majority of the lot during the normal growing season.

19. Chemical manufacturing operations.

20. Coffee roasting operations.

21. Composting operations, including commercial, industrial and municipal, except noncommercial agricultural and noncommercial residential composting activities.

22. Concrete production operations and ready mix plants.

23. Dry cleaning operations, using solvents that emit toxic air pollutants or volatile organic compounds.

24. Materials handling and transfer facilities that generate fine particulate and that exhaust more than 1,000 acfm to the ambient air, which may include pneumatic conveying, cyclones, baghouses, and industrial housekeeping vacuuming systems that exhaust to the atmosphere.

25. Flexible polyurethane foam, polyester resin, and styrene production operations.

26. Flexible vinyl and urethane coating operations.

27. Fuel burning equipment, including but not limited to boilers, building and process heating units (external combustion) with per unit heat inputs greater than or equal to:

a. 500,000 Btu/hr using coal or other solid fuels with ≤ 0.5% sulfur;

b. 500,000 Btu/hr using used/waste oil, per the requirements of RCW 70.94.610;

c. 1,000,000 Btu/hr using kerosene, #1, #2 fuel oil, or other liquid fuel, except used/waste oil; ((and))

d. 4,000,000 Btu/hr using gaseous fuels, such as, natural gas, propane, methane, LPG, or butane, including but not limited to, boilers, dryers, heat treat ovens and deep fat fryers; and ((.))

e. 400,000 Btu/hr, wood, wood waste, or paper;

28. Gasoline dispensing facilities, subject to Chapter 173-491 WAC, and aviation gas dispensing facilities with total tank capacities greater than 10,000 gallons.

29. Grain handling; seed, pea and lentil processing facilities. Registration shall be in accordance with Section 4.03.B.

30. Hay cubing operations and pelletizers, established at a dedicated collection and processing site.

31. Incinerators; as defined in Section 1.04 of this Regulation, including human and pet crematories and other solid, liquid, and gaseous waste incinerators.

32. Insulation manufacturing operations.

33. Metal casting facilities and foundries, ferrous.

34. Metal casting facilities and foundries, nonferrous.

35. Metal plating and anodizing operations.

36. Metallic and nonmetallic mineral processing, including, but not limited to, rock crushing, sand and gravel mixing operations.

37. Metallurgical processing operations.

38. Mills; lumber, plywood, shake, shingle, woodchip, veneer operations, dry kilns, pulpwood insulating board, grass/stubble pressboard, pelletizing, or any combination thereof.

39. Mills; grain, seed, feed and flour production and related operations

40. Mills; wood products manufacturing operations (including, but not limited to, cabinet works, casket works, furniture and wood by-products).

41. Mineralogical processing operations.

42. Natural gas transmission and distribution (SIC 4923/NAICS 486210 and 221210, respectively).

43. Ovens/furnaces, kilns and curing, burnout, (including, but not limited to, ovens/furnaces that heat clean automotive parts, paint hooks, electric motors, etc.) except those that would otherwise be exempt under item 27.

44. Paper manufacturing operations, except Kraft and sulfite pulp mills.

45. Petroleum refineries.

46. Pharmaceuticals production operations.

47. Plastics and fiberglass fabrication, including gelcoat, polyester resin, or vinylester coating operations using more than 55 gallons per year of all materials containing volatile organic compounds or toxic air pollutants.

48. Refuse systems (SIC 4953/NAICS 562213, 562212, 562211, & 562219, respectively), including municipal waste combustors; landfills with gas collection systems and/or flares; hazardous waste treatment, storage, and disposal facilities; and wastewater treatment plants other than private and publicly owned treatment works (POTWs).

49. Rendering operations.

50. Sewerage systems, private and publicly owned treatment works (POTWs) with a rated capacity of more than 1 million gallons per day (SIC 4952/NAICS 221320).

51. Semiconductor manufacturing operations

52. Internal combustion engines used for standby, back-up operations only, and rated at or above five hundred brake horsepower.

53. Stationary internal combustion engines, other than engines used for standby or back-up operations ((emergency generator sets)), that are rated at one hundred brake horsepower or more, ((including engines)) that are integral to powering a stationary source or stationary source category ((registered under this exhibit)), including but not limited to, rock crushing, stump and woodwaste grinding, and hay cubing operations.

54. Stump and woodwaste grinding established at a dedicated collection and processing site.

55. Storage tanks for organic liquids, within commercial or industrial facilities, with capacities greater than 20,000 gallons.

56. Surface coating, adhesive, and ink manufacturing operations.

57. Surface coating operations, including; automotive, metal, cans, pressure sensitive tape, labels, coils, wood, plastic, rubber, glass, paper, and other substrates.

58. Synthetic fiber production operations.

59. Synthetic organic chemical manufacturing operations.

60. Tire recapping operations.

61. Wholesale meat/fish/poultry slaughter and packing plants.

62. Startup of a new air contaminant source at a site where:

a. a previous air contaminant source was located; and

b. the nature of the business or pollutants of the new air contaminant source is different from the previous air contaminant source.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

ARTICLE V


AMENDATORY SECTION [TITLE] (Amending Board Adoption, 6/9/69)

NEW, MODIFIED, AND TEMPORARY STATIONARY SOURCES AND REPLACEMENT OR ALTERATION OF EMISSIONS CONTROL EQUIPMENT

ADOPTED: June 9, 1969


REVISED: ?


EFFECTIVE: ?

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.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.01 DEFINITIONS (RESERVED)


((In addition to the definitions provided in Article I of this Regulation and unless a different meaning is clearly required by context, words and phrases used in this Article shall have the following meaning:))

((A. Stationary Air Contaminant Source means any building, structure, facility, or installation, including any emissions unit as defined in Section 1.04 of this Regulation, that emits or may emit any air contaminant.))

((B. Modification means any physical change, or change in the method of operation of, a stationary air contaminant source that increases the amount of any air contaminant emitted by such a stationary air contaminant source or that results in the emissions of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition of modification in 42 USC 7411, and with the rules implementing that section.))

((C. New Stationary Air Contaminant Source means the construction or installation of a stationary air contaminant source and any other project that constitutes a new source under the Federal Clean Air Act. Replacement of existing emission unit(s) with new or used emission unit(s) qualifies as a new stationary air contaminant source, except as provided by the Control Officer in a Notice of Construction Approval.))

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.02 NOTICE OF CONSTRUCTION (NOC) - WHEN REQUIRED


((A. No person shall establish a new stationary air contaminant source or modify an existing stationary air contaminant source, including but not limited, to the sources listed in Exhibit R of Article IV of this Regulation, except as provided for in 5.02.G and 5.02.H of this section, unless a "Notice of Construction and Application for Approval" has been filed by the owner, operator, or their agent, of the stationary air contaminant source (using Authority prepared and furnished application and information request forms) and approved by the Control Officer. Review of a modification shall be limited to the emission unit or units proposed to be modified and the air contaminants whose emissions would increase as a result of the modification.))

((A. No person shall establish a new stationary air contaminant source or modify an existing stationary air contaminant source, including but not limited, to the sources listed in Exhibit R of Article IV of this Regulation, except as provided for in 5.02.G and 5.02.H of this section, unless a "Notice of Construction and Application for Approval" has been filed by the owner, operator, or their agent, of the stationary air contaminant source (using Authority prepared and furnished application and information request forms) and approved by the Control Officer. Review of a modification shall be limited to the emission unit or units proposed to be modified and the air contaminants whose emissions would increase as a result of the modification.))

A. A Notice of Construction application must be filed by the owner or operator and an order of approval issued by the permitting agency prior to the establishment of any new source or source categories. For purposes of this section "establishment" shall mean to "begin actual construction", as that term is defined in Article I, Section 1.04, and "new source" shall include any modification to an existing stationary source or source category, as defined in Article I, Section 1.04. Stationary sources or source categories subject to this Section include, but are not limited to, the following:

1. Stationary sources or source categories listed in Exhibit "R" of Article IV of this Regulation, except for those that are below emission thresholds listed therein; or

2. Any modification to an existing stationary source or source category which results in an increase in actual emissions, except for stationary sources or source categories with actual emission increases below emission thresholds listed in Exhibit "R" of Article IV of this Regulation; or

3. Regardless of any other subsection of this section, a notice of construction application must be filed and an order of approval issued by the Authority prior to establishment of any of the stationary sources listed in Items 7 and 8 of Article IV, Exhibit "R"; or

4.a. Establishment of a new major stationary source or source category;

b. Major modifications to an existing stationary source or source category;

c. Establishment of a new major temporary stationary source or source category;

d. Major modification of a temporary stationary source or source category that is located at an existing stationary source or source category; or

5. Any modifications that require an increase either in a facility-wide emission limitation or a unit specific emission limit; or

6. Replacement of existing emissions unit(s) with new or used emissions unit(s); or

7. Restart of a stationary source or source category after "closure or shutdown", as defined in Article I, Section 1.04;

8. Relocation of an existing stationary source or source category, except as provided for in Section 5.02.H and as specified in Section 5.02.I; or

9. Location for the first time of a portable, (or temporary, if applicable) stationary source or source category operates in Spokane County.

10. Determination by the Authority that a Notice of Construction application is necessary in order to reduce the potential impact from any stationary source or source category's air emissions on: the health, safety, and/or welfare of the public, or unreasonable interference with any other property owner's use and enjoyment of his property, or damage to other property owner's property or business.

B. Stationary sources or source categories not subject to Section 5.02.A ((this requirement)) include those stationary sources or source categories listed in Sections 5.02.H, 5.02.I, 5.02.M and 5.02.N.1 of this Article.

C. The owner, operator, or their agent shall use Authority prepared and furnished application and information request forms when applying for a Notice of Construction and Application for Approval.

D. New source review of a modification shall be limited to the emissions unit or units proposed to be added to an existing or modified stationary source or source category and the air contaminants whose actual emissions would increase as a result of the modification. NOTE: Modification, as defined in Article I, Section 1.04 of this Regulation, does not have the same meaning as a Major Modification, defined in WAC 173-400-112 and WAC 173-400-113.

E. ((B.)) New ((and modified)) stationary ((air contaminant)) sources' or source categories' emission calculations shall be based on a stationary ((air contaminant)) source or source categories'"potential-to-emit", as defined in Article I, Section 1.04 of this Regulation ((Chapter 173-400-030 WAC)). Modified stationary source or source category emission calculations shall be based on the increase in "actual emissions", as defined in Article I Section 1.04 of this Regulation.

((C. No person shall replace or substantially alter the emissions control equipment installed on an existing stationary air contaminant source, except as provided for in 5.02.F and 5.02.G of this Section, unless a Notice of Construction and Application for Approval has been filed by the owner or operator of the stationary air contaminant source using Authority prepared and furnished application and information request forms and approved by the Control Officer.))

F. The Authority implements and enforces the requirements of WAC 173-400-114 for replacement or substantial alteration of emission control technology at an existing stationary source.

G. ((D.)) A separate Notice of Construction and Application for Approval shall be filed for each new or modified stationary ((air contaminant)) source, source category, or emissions control system, unless identical units are to be constructed, installed, or established and operated in an identical manner at the same facility((. T)), except that the owner or operator has the option to file one application for an entire facility, with a detailed inventory of stationary ((contaminant)) sources or source categories and their emissions related to that facility.

((E. A Notice of Construction and Application for Approval shall not be required to commence an alteration, which would normally require a Notice of Construction and Application for Approval, pursuant to 5.02.G((D)) of this Section, in the event of a breakdown or if delaying the alteration may endanger life or have other serious consequences. The Authority shall be notified in writing of the alteration no later than the first working day after the alteration is commenced and a Notice of Construction and Application for Approval shall be filed within 14 days after the day that the alteration is commenced. For purposes of compliance with Section 5.02, the Control Officer shall determine whether an alteration, commenced before issuance of an order of approval, meets the requirements of this subsection.))

H. ((F.)) A Notice of Construction and Application for Approval is not required for c((C))onstruction, installation, establishment, modification, or alteration of stationary ((air contaminant)) sources or source categories, comprised of equipment utilized exclusively in connection with any structure, which is designed for, and used exclusively as, a residence with not more than four dwelling units((, shall not require a Notice of Construction and Application for Approval)).

I. ((G.)) A Notice of Construction and Application for Approval is required for ((Owners or operators of temporary)) portable, (or temporary, if applicable) stationary ((air contaminant)) sources or source categories, operating in accordance with Section 5.08 - ((Temporary Stationary Air Contaminant Sources)) the first time that it operates in Spokane County. Thereafter, each time that the portable or temporary stationary source or source category relocates and operates at a new site in Spokane County, it must apply for and obtain an approved Notice of Intent to Install and Operate a Temporary Stationary Source pursuant to Section 5.08..((, shall not be required to apply for a Notice of Construction and Application for Approval.))

J. ((H.)) A person seeking approval to construct((, install,)) or modify ((a stationary air contaminant source)) an air operating permit source ((at a Chapter 173-401 WAC source, as defined in WAC 173-401-200(6))), may elect to integrate review of the air operating permit application or amendment, required under RCW 70.94.161, and the Notice of Construction and Application for Approval required by this Article. A Notice of Construction and Application for Approval designated for integrated review shall be processed in accordance with the provisions ((operating permit program procedures and deadlines)) in Chapter 173-401 WAC.

K. A Notice of Construction and Application for Approval for a major modification in a nonattainment area, or for a major stationary source in a nonattainment area, is subject to the public notice requirements of Section 5.05.

L. An applicant filing a Notice of Construction and Application for Approval for a project described in WAC 173-400-117(2) (Special protection requirements for Class I areas) must send a copy of the application to the responsible federal land manager.

M. De minimis emission levels (based on Potential-To-Emit), below which a new source or stationary source category, is not subject to a Notice of Construction and Application for Approval, are listed in Exhibit "R" of Article IV of this Regulation. De minimis emission levels (based on actual emissions increase), below which a modification of an existing stationary source or source category, is not subject to a Notice of Construction and Application for Approval, are listed in Exhibit "R" of Article IV of this Regulation. The owner or operator shall maintain sufficient documentation, as required by the Authority, to verify that the new or existing stationary source or source category is entitled to continued exemption under this section.

N. Transfer of Ownership

1. If an existing stationary source or stationary source category, with a valid Order of Approval, is transferred to new ownership per Article IV, Section 4.02.D and the stationary source category or stationary source category is unchanged by the transfer, then the existing Order of Approval is transferable to the new ownership, as written.

2. An existing Order of Approval is not transferable to a stationary source or stationary source category that is installed or established at a site where a stationary source category or stationary source category was previously located and the business nature of the new source is different from the previous stationary source.

3. In either of the above cases, if the stationary source or stationary source category did not have a valid Order of Approval under the prior ownership, then the owner or operator of the new source or stationary source category shall apply for, and receive approval of, a Notice of Construction prior to commencing operation.

O. Except where Ecology is the permitting agency pursuant to WAC 173-400-141 (PSD) or Ecology's Industrial Sector has retained specific air pollution stationary sources or source categories exclusively under their jurisdiction, pursuant to RCW 70.94.422, the Authority permits, implements and enforces WAC 173-400-112 (Requirements for new sources in nonattainment areas) and WAC 173-400-113 (Requirements for new sources in attainment areas), in Spokane County.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.03 NOC AND NOI FEES


A. The person filing ((the)) a Notice of Construction ((and Application for Approval)) or Notice of Intent to Install and Operate a Temporary Stationary Source application shall pay a filing fee and plan review and approval fee according to Article X, Section 10.7 ((Fees and Charges,)) of this Regulation.

B. Fees shall be paid without regard to whether a Notice of Construction ((Notice of Construction and Application for Approval)) or Notice of Intent to Install and Operate a Temporary Stationary Source application is approved or denied, or a threshold determination is made.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 02-01, filed 1/3/02)


SECTION 5.04 INFORMATION REQUIRED


A. Each Notice of Construction and Application for Approval or Notice of Intent to Install and Operate a Temporary Stationary Source shall be accompanied by appropriate documentation that provides a detailed description of the stationary ((air contaminant)) source. Such information ((may)) shall include, but is not limited to:

1. The new or modified stationary ((air contaminant)) source, equipment and emissions control equipment subject to the order of approval or permission to operate ((Notice of Construction));

2. Any equipment connected to, serving, or served by the new or modified stationary ((air contaminant)) source, equipment, and emissions control equipment subject to the order of approval or permission to operate ((Notice of Construction));

3. A plot plan, including the distance to, length, width, and height of; buildings within 200 feet, or other distance specified by the ((Control Officer)) Authority, from the place where the new or modified stationary ((air contaminant)) source is or will be installed;

4. The proposed means for the prevention or control of the emissions of air contaminants;

5. Estimated emissions resulting from the proposal and the basis for the estimates, or sufficient information for the Authority to ((calculate)) determine the expected emissions;

6. Any additional information required by the ((Control Officer)) Authority to show that the proposed new or modified stationary ((air contaminant)) source will meet the applicable air quality requirements of Chapter 70.94 RCW ((and)) the rules and regulations adopted thereunder, and the Authority's regulation(s);

8. 7. Any additional information required under WAC 173-400-112 or WAC 173-400-113;

((7.)) a. The owner or operator shall provide ((proof)) documentation that the requirements of Article XI of this Regulation (Spokane Environmental Ordinance) have been met.

b. If SCAPCA is the lead agency for review of an Environmental Checklist (SEPA) or Environmental Impact Statement (EIS) related to the Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source application being submitted, then the person filing the SEPA shall pay a SEPA review fee according to ((Regulation I,)) Article X, Section 10.07.E. of this Regulation. This fee shall be paid without regard to whether a Determination of Nonsignificance, Mitigated Determination of Nonsignificance or Determination of Significance is issued. ((the Notice of Construction and Application for Approval is approved or denied.))

B. Each Notice of Construction ((and Application for Approval)) or Notice of Intent to Install and Operate a Temporary Stationary Source application shall be signed by the owner, ((or)) operator, or their agent of the new or modified stationary ((air contaminant)) source((, or their agent)).

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


Section 5.05 -PUBLIC
((NOTICE REQUIREMENTS)) INVOLVEMENT


A. Public Notice.

1. Notice shall be published on the Authority's Internet website announcing the receipt of Notice of Construction applications (including the first time that a portable stationary source (or temporary stationary source, if applicable) operates in Spokane County) and other proposed actions. Notice shall be published for a minimum of fifteen (15) consecutive days. Publication of a notice on the Authority's website at the time of application receipt is not required for any application or proposed action that automatically requires a public comment period pursuant to Subsection B. of this Section. In the event that publication on the Authority's Internet website does not occur for the prescribed time period, notice will be published for a minimum of one (1) day in a newspaper of general circulation in the area of the proposed action. Each notice shall, at a minimum, include the following information:

a. The name and address of the owner or operator and the affected facility;

b. A brief description of the proposed action;

c. Authority contact information;

d. A statement that a public comment period will be provided upon request pursuant to Section 5.05.C of this Article; and

e. The date by which a request for a public comment period is due.

2. Requests for a public comment period shall be submitted to the Authority in writing via letter, fax, or electronic mail. A public comment period shall be provided pursuant to Subsection C. of this Section for any application or proposed action that receives such a request. Any application or proposed action for which a public comment period is not requested may be processed without further public involvement.

B. Mandatory public comment period.

1. A public comment period shall be provided pursuant to Subsection C. of this Section before approving or denying any of the following:

a. Any Notice of Construction application (this includes the first time that a portable stationary source (or temporary stationary source, if applicable), operates in Spokane County) for a new or modified "stationary source" or emission unit that results in a "significant", as defined in Section 1.04 of this Regulation, net increase, in emissions (actual or potential-to-emit) of any air contaminant regulated by state or federal law;

b. Any use of a modified or substituted air quality model, other than a guideline model in Appendix W of 40 CFR Part 51, as amended, as part of review under Section 5.08 and 5.02 of this Article, WAC 173-400-112, WAC 173-400-113, WAC 173-400-117, or WAC 173-400-141;

c. Any order to determine RACT;

d. Any order in which public notice is required by state (WAC 173-400-171) or federal (40 CFR 51.161), laws or regulations;

e. Any order for a proposed new or modified stationary ((air contaminant)) source that would cause an annual increase of ten (10) tons or more of any air contaminant or precursor, for which ambient air quality standards have been established, or of any toxic air pollutant, as defined in Article I, Section 1.04 of this Regulation;

f. Any order for which the applicant requests approval of a risk analysis pursuant to Chapter 173-460 WAC;

g. Any order to establish a compliance schedule or a variance. A variance shall be handled as provided in Article III of this Regulation;

h. Any order to demonstrate the creditable height of a stack which exceeds the GEP formula height and sixty-five meters, by means of a fluid model or a field study, for the purposes of establishing an emission limitation;

i. Any order to authorize a bubble, pursuant to RCW 70.94.155 and WAC 173-400-120;

j. Any order used to establish a creditable emission reduction, pursuant to WAC 173-400-131;

k. Any order issued under WAC 173-400-091 which establishes limitations on a "stationary source's" potential-to-emit;

l. Any extension of the deadline to begin actual construction of a "major stationary source" or "major modification" in a nonattainment area;

m. Any change in conditions of an existing Notice of Construction determination, except for Sections 5.10.E.1 and 5.10.E.5 of this Regulation;

n. Any Notice of Construction application (this includes the first time that a portable stationary source (or temporary stationary source, if applicable), operates in Spokane County) for which request for public comment opportunity is made pursuant to Subsection A. of this Section; or

o. Any Notice of Construction application or other proposed action for which the Authority determines there is a substantial public interest.

p. Any Notice of Construction application designated for integrated review that includes a PSD permit application, an application for a "major modification" in a nonattainment area, or an application for a "major stationary source" in a nonattainment area must also comply with the public notice requirements of WAC 173-400-171 and this Section of this Regulation.

C. Public comment period.

1. A public comment period shall be provided only after all information required by the Authority has been submitted and after applicable preliminary determinations, if any, have been made.

2. Availability for public inspection. The information submitted by the applicant, and any applicable preliminary determinations, including analyses of the effect(s) on air quality, shall be available for public inspection in at least one location near the proposed project. Exemptions from this requirement include information protected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205 and Article II, Section 2.03 of this Regulation.

3. Publication of comment period notice. Notice shall be published in a newspaper of general circulation in the area of the proposed project for a minimum of one (1) day. For applications or actions subject to a public comment period pursuant to Subsections B.1.n. or B.1.o. of this Section, publication on the Authority's Internet homepage for a minimum of thirty (30) days may be substituted for newspaper publication. Notice for a public comment period shall include the following information:

4. The name and address of the owner or operator and the affected facility;

a. A brief description of the proposal;

b. The location of the documents made available for public inspection;

c. Identification of a thirty-day period for submitting written comment to the Authority;

d. A statement that a public hearing may be held if the Authority determines within a thirty-day period that significant public interest exists;

e. Any other information required under state or federal laws or regulations;

f. The length of the public comment period in the event of a public hearing; and

g. For projects subject to special protection requirements for federal Class I areas in WAC 173-400-117 (5)(c), the comment period notice shall explain the Authority's decision.

5. The cost of publishing any public notice required by this Section shall be paid by the owner or applicant.

6. EPA Notification. A copy of the comment period notice shall be sent to the EPA Region 10 Regional Administrator.

7. Consideration of public comment. The Authority shall make no final decision on any application or other action for which a public comment period has been provided until the public comment period has ended and any comments received have been considered.

8. Public hearings. Any person may request a public hearing within the thirty-day public comment period. Each request shall indicate the interest of the party filing it and why a hearing is warranted. The Authority may hold a public hearing if it determines significant public interest exists. The Authority will determine the location, date, and time of the public hearing. If a public hearing is held, the public comment period shall extend through the hearing date and thereafter for such period, if any, as the notice of public hearing may specify.

D. Public involvement for integrated review with an operating permit. Any Notice of Construction application designated for integrated review with an application to issue or modify an operating permit shall be processed in accordance with the operating permit program procedures and deadlines (Chapter 173-401 WAC).

E. Other requirements of law. Whenever procedures permitted or mandated by law will accomplish the objectives of public notice and opportunity for comment, those procedures may be used in lieu of the provisions of this Section (e.g., SEPA). This Subsection does not apply to applications for a "major modification" or a "major stationary source."

F. Public information. All information is available for public inspection at the Authority, except information protected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205 and Article II, Section 2.03 of this Regulation. Such information includes copies of Notice of Construction applications, orders of approval, regulatory orders, and modifications thereof.

A. ((The Control Officer shall publish, or cause to be published, a notice to the public of the opportunity to submit written comments, on a preliminary determination for an application, during a thirty (30) day period under any of the following conditions:

1. If required by state or federal, laws or regulations; or

2. If the proposed new or modified stationary air contaminant source would cause an annual increase of ten (10) tons or more of any air contaminant or precursor, for which ambient air quality standards have been established, or toxic air pollutant, as defined in Article X, Section 10.1 of this Regulation; or

3. If the applicant requests approval of a risk analysis pursuant to Chapter 173-460 WAC; or,

4. If the Control Officer determines that such opportunity for comment is in the public interest.

B. The cost of publishing any public notice required by this Section shall be paid by the owner or applicant.

C. Such public notice shall be published in a newspaper of general circulation in the area of the proposal and shall contain the following information:

1. Name and address of the source, and the owner or operator of the source, if different.

2. Brief description of proposed construction.

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

4. Announcement of a thirty day period for submitting written comment to the Authority, stating the ending date of the comment period.

5. Announcement that a public hearing may be held if the Control Officer determines within a thirty day period that significant public interest exists.

6. Any other information required under state or federal laws or regulations.

D. A copy of the public notice shall be sent to the U.S. Environmental Protection Agency Regional Administrator.))

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.06 APPLICATION COMPLETENESS DETERMINATION


A. Within thirty (30) days of receipt of a Notice of Construction and Application for Approval or PSD permit application (PSD permits are Ecology's jurisdiction), the Authority shall notify the applicant in writing that the application is complete or notify the applicant in writing of any additional information necessary, based on review of information already supplied, to complete the application.

1. For a project subject to PSD review under WAC 173-400-141 by Ecology, an NOC application is not deemed complete by the Authority until the application provides all information required to conduct the PSD review and a final determination on the PSD permit, by Ecology has been issued. The Authority shall ensure that its Notice of Construction review of the project is coordinated with Ecology's PSD review.

2. For a project subject to the Special protection requirements for federal Class I areas in WAC 173-400-117(2), a completeness determination includes a determination that the application includes all information required for review of that project under WAC 173-400-117(3).

B. The owner or operator shall supply sufficient information to enable the Authority to determine that the project will comply ((Determination of completeness shall be evaluated on the basis that the application contains all information required to determine that the proposal shall be in accord)) with Chapter 70.94 RCW((, the Federal Clean Air Act (42 USC 7401 et seq.),)) ((and)) the rules and regulations adopted thereunder, and the Authority's regulation(s).

C. As a condition of completeness determination, the ((Control Officer)) Authority may require payment of applicable fees, or a portion thereof, pursuant to Article X of this Regulation.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.07 ISSUANCE OF APPROVAL OR ORDER


A. For new or modified stationary ((air contaminant)) sources,

1. Within sixty (60) days of receipt of a complete Notice of Construction and Application for Approval ((application)), the ((Control Officer)) Authority shall either issue a final determination on the application or, for those proposals subject to public notice requirements, initiate public notice and comment procedures under Section 5.05. If state or federal regulations require public notice ((is required by state or federal regulations)), the public notice shall occur in a manner that complies with both Section 5.05 and those sections of the state or federal regulations that are applicable. The Authority shall issue a final determination ((A))as promptly as possible after the close of the comment period((, a final determination shall be issued by the Control Officer)).

2. The final determination may include:

a. An order of denial, if it is found that the proposal is not in accord with Chapter 70.94 RCW, ((the Federal Clean Air Act (42 USC 7401 et seq.),)) ((and)) the rules and regulations adopted thereunder, and the Authority's regulation(s); or

b. An order of approval which may provide reasonable conditions ((as are reasonably)) necessary to assure maintenance of compliance with Chapter 70.94 RCW((, the Federal Clean Air Act (42 USC 7401 et seq.),)) ((and)) the rules and regulations adopted thereunder, and the Authority's regulation(s).

3. ((Prior to issuance, the)) Every final determination on a Notice of Construction and Application for Approval shall be reviewed, prior to issuance, and signed by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the Authority.

4. If the new ((air contaminant)) source is a major stationary source ((as defined in Chapter 173-400 WAC)), or the change is a major modification, as defined in WAC 173-400-112, ((as defined in Chapter 173-400 WAC)) where the new source is located inside of a non-attainment area, the Authority shall:((.))

a. Submit any ((The)) Lowest Achievable Emission Rate (LAER) control technology determination, for any non-attainment criteria pollutant of concern and/or its precursor, that is included in a final order of approval ((determination will be submitted)) to the RACT/BACT/LAER Clearinghouse maintained by the EPA ((United States Environmental Protection Agency.)); and

b. Send a copy of the final order of approval, with the LAER control technology determination, to EPA.

5. The owner or operator of a stationary source shall not "commence" construction or "begin actual construction", as those terms are defined in Article I, Section 1.04 of this Regulation, until the Authority approves the Notice of Construction and Application for Approval. ((Construction shall not "commence", consistent with the WAC 173-400-030 definitions of "begin actual construction", and "commenced construction", until the Notice of Construction application is approved by the Control Officer.))

6. The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order under this section shall not relieve any person from the obligation to comply with applicable emission control requirements or with any other provision of law.

B. R((r))eplacement or substantial alteration of emission control equipment

1. Any person proposing to replace or substantially alter the emission control technology installed on an existing "stationary source" or emission unit shall file an Notice of Construction application with the Authority. If the replacement or substantial alteration meets the definition of "new source" or "modification" then the "new source" emissions standards of Article V, Section 5.02 through 5.07.A., WACs 173-400-112 or 400-113 shall apply. If the replacement or substantial alteration does not meet the definition of "new source" or "modification", then the requirements in B.2. through B.9. of this Section shall apply.

2. For projects not otherwise reviewable under Article V, Sections 5.02 through 5.07.B.1; Subsections B.2. through B.9. of this Section shall apply.

3. Within thirty (30) days of receipt of a notice of construction application under this section the Authority shall either notify the applicant in writing that the application is complete or that additional information is necessary to complete the application.

4. ((1.)) Within thirty (30) days of receipt of a complete Notice of Construction application under this section the ((Control Officer)) Authority shall either issue an order of approval, an order of denial, or a proposed ((Reasonably Available Control Technology)) RACT determination for the proposed project, pursuant to ((Chapter)) WAC 173-400-114 ((WAC)).

5. ((2.)) The ((order of approval)) final determination may:

a. Require that the owner of operator employ RACT for the affected emissions unit, and

b. Prescribe reasonable operation and maintenance conditions for the control equipment, and

c. Prescribe other requirements as authorized by Chapter 70.94 RCW.

6. ((3.)) Prior to issuance, the ((order of approval)) Notice of Construction final determination shall be reviewed and signed by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the Authority.

7. ((4.)) Replacement or substantial alteration shall not commence until the Authority approves the application ((is approved by the Control Officer)). However, any Notice of Construction and Application for Approval, filed under ((Subsection 5.02.D)) Section 5.08.B.2 through Section 5.08.B.9, shall be deemed to be approved without conditions, if the Authority takes no action within thirty days of receipt of a complete application ((Notice of Construction and Application for Approval)).

8. Replacement or substantial alteration of control technology does not include routine maintenance, repair or similar parts replacement.

9. Replacement or substantial alteration of control technology shall not cause a violation of applicable ambient air quality standards and, if in a nonattainment area, shall not interfere with scheduled attainment of national ambient quality standards.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 02-01, filed 1/3/02)


SECTION 5.08 TEMPORARY AND PORTABLE STATIONARY ((AIR CONTAMINANT)) SOURCES


A. 1. Except as otherwise ((allowed)) provided in 5.08.G ((I)) of this Article, for portable stationary ((air contaminant)) sources which locate temporarily at specific sites in Spokane County, the owner or operator, or their agent shall obtain a Notice of Construction and Application for Approval the first time that the portable stationary source operates in Spokane County. This Notice of Construction shall be subject to the same requirements of a new source.

2. Thereafter, each time that the portable stationary source relocates and operates at a new site in Spokane County, the owner or operator of said portable stationary source must apply for and obtain an approved Notice of Intent to Install and Operate a Temporary Stationary Source. ((shall be allowed to operate at the temporary location without filing a Notice of Construction and Application for Approval, provided))

3. T((t))he owner or operator, or their agent shall file((s a)) the Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source (NOI) at least ((fifteen (15))) ten (10) calendar days prior to starting the operation.((, (using))

4. The owner or operator shall apply for the NOC or NOI on Authority prepared and furnished application and information request forms(())) and obtain((s)) an order of approval or permission to operate, respectively from the ((Control Officer)) Authority prior to operating at the site. Sufficient information, equivalent to the information required in Section 5.04.A of this Article, shall be supplied by the owner or operator, or their agent to enable the ((Control Officer)) Authority to determine that the operation will be in accordance with Chapter 70.94 RCW((, the Federal Clean Air Act (42 USC 7401 et seq.),)) ((and)) the rules and regulations adopted thereunder, and the Authority's regulation(s).

5. ((a. The owner or operator shall also provide proof that the requirements of Article XI of this Regulation (Spokane Environmental Ordinance) have been met.

b. If SCAPCA is the lead agency for review of an Environmental Checklist (SEPA) or Environmental Impact Statement (EIS) related to the NOC or NOI being submitted, then the person filing the SEPA shall pay a review fee according to Regulation I, Article X. This fee shall be paid without regard to whether the Notice of Construction and Application for Approval is approved or denied.))

5. Except for nonroad engines, based on the source type and emission quantity, temporary stationary sources, not covered under Section 5.08.A.1, may be subject to new source review at the discretion of the Authority.

B. Permission to operate may be granted, subject to reasonable conditions ((as are reasonably)) necessary to assure compliance with Chapter 70.94 RCW((, the Federal Clean Air Act (42 USC 7401 et seq.),)) ((and)) the rules and regulations adopted thereunder, and the Authority's regulation(s). If any conditions listed in Subsection 5.05.B((A)). are applicable to the proposal, a public comment period shall be held pursuant to Section 5.05.C.

Permission to operate may be granted for a limited time, but in no case ((longer than 180 consecutive days)) shall a temporary or portable stationary source remain at a location for more than twelve consecutive months, without first obtaining an approved Notice of Construction and Application for Approval.

((D. The person filing a Notice of Intent to Install and Operate a Temporary Source shall pay filing, plan review, and approval fees according to Article X, Fees and Charges, of this Regulation. Fees shall be paid without regard to whether permission is granted or denied.))

((E. The Control Officer may revoke, or suspend permission to operate if the Control Officer determines that the stationary air contaminant source is not constructed, or operated as described in the Notice of Intent to Install and Operate a Temporary Source, including plan, specification, or other information submitted therewith.))

D. ((F.)) Permission to operate shall be invalid if:

1. Construction, installation, or operation does not begin within ((180)) 90 days of receipt of permission; or

((2. Construction, installation, or operation is discontinued for a period of 180 days or more; or))

((3. Construction, installation, or operation is not completed within a reasonable time, as determined by the Control Officer; or))

2. ((4.)) The operation is removed from the site ((for 30 consecutive days or longer)).

((G. Permission to operate, conditions of permission to operate, or denial of installation and operation of a temporary stationary air contaminant source may be appealed to the Pollution Control Hearings Board of Washington, as provided in Chapter 43.21B RCW.))

E. ((H.)) Installation or operation of a temporary or portable stationary ((air contaminant)) source shall not commence until the Authority approves the Notice of Construction or Notice of Intent to Install and Operate ((Establish)) a Temporary Stationary Source application, whichever applies ((is approved by the Control Officer)).

F. A temporary or portable stationary source, that is required to go through new source review, shall comply with the emission standards for a new source (including BACT or LAER, whichever is applicable under Sections 5.09.C & D) (except nonroad engines) and shall not cause a violation of applicable ambient air quality standards and, if in a nonattainment area, shall not interfere with scheduled attainment of national ambient quality standards.

G. ((I.)) The following operations are exempt from ((Article V)) this Section.

1. Abrasive blasting units that operate at a site for less than 30 days in any 12-month period and as excepted in Exhibit R.2. A((ll other a))brasive blasting units anticipated to operate more than 30 days in any 12-month period, but less than 1 year are subject to the requirements of this Section ((Article.)), except where the owner, operator, of an abrasive blasting unit, either establishes a permanent facility or operates an abrasive blasting unit at a site for more than 365 consecutive days, in which case, a Notice of Construction and Application for Approval must be approved by the Authority's, prior to establishment of said unit or facility.

2. Rock drilling operations.

3. Blasting operations.

4. Woodwaste chipping and grinding operations that operate at a site for less than 30 days in any 12-month period, except for operations that establish a permanent collection, storage and/or processing facility at a site or sites for purpose of future processing. All other woodwaste chipping and grinding operations are subject to the requirements of ((this Article)) new source review and the owner or operator must obtain the Authority's approval of a Notice of Construction, prior to establishment of the stationary source.

5. Soil and groundwater remediation projects that ((the Control Officer determines)) have insignificant air pollution impacts, as defined in Exhibit "R" of Article IV of this Regulation.

6. All nonroad compression ignition engines.

H. Except for nonroad engines, a temporary or portable stationary source that is considered a major stationary source or major modification within the meaning of WAC 173-400-113, must also comply with the requirements in WAC 173-400-141.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.09 OPERATING REQUIREMENTS


A. All equipment, machines, devices, and other contrivances, constituting parts of, or called for by plans, specifications or other information submitted pursuant to Section 5.02, 5.04, and 5.08 shall be maintained in good working order and operated at all times that air contaminant emissions may occur, unless otherwise specified by the ((Control Officer)) Authority.

B. All conditions of approval, established pursuant to Sections 5.07 and 5.08, shall be complied with.

C. All new and modified stationary ((air contaminant)) sources shall employ Best Available Control Technology (BACT), ((as defined in Chapter 173-400 WAC,)) and if applicable, Toxic Best Available Control Technology (TBACT).((, as defined in Chapter 173-460 WAC, except that, if the)) A new ((source is a)) major stationary source or ((the proposed modification is a)) major modification, shall employ the lowest achievable emission rate (LAER) ((shall be achieved)) for the contaminants for which the area has been designated nonattainment and for which the proposed new source or modification is major.

D. In no event shall the application of RACT, BACT, ((or)) TBACT, or LAER permit a new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable ((F))federal or ((Washington S))state standard or regulation.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.10 CHANGES TO AN ORDER OF APPROVAL OR PERMISSION TO OPERATE


A. The ((Control Officer)) Authority may revoke, revise, or suspend ((the)) an order of approval, ((or)) permission to operate a temporary stationary source, an order of approval for substantial replacement or alteration of emissions control equipment installed on an existing stationary source, or changes thereto, if the ((Control Officer)) Authority determines that the ((new or modified)) stationary ((air contaminant)) source is not constructed, installed or operated as described in the Notice of Construction and Application for Approval, or Notice of Intent to Install and Operate a Temporary Stationary Source, or changes thereto, including the plans, specifications, or other information submitted therewith. Such proceedings shall follow the same process that apply to the initial issuance of the order of approval or permission to operate.

B. In addition to revocation, revision or suspension of an order of approval or permit to operate of a stationary source, the Authority may issue a Notice of Violation (NOV) in accordance with RCW 70.94.211.

((B. The Control Officer may revoke, revise or suspend the permission to operate a temporary source if the Control Officer determines that the source is not installed or operated as described in the Notice of Intent to Install and Operate a Temporary Source including the plans, specifications, or other information submitted therewith.))

C. The ((applicant)) owner or operator may request, at any time, a change in conditions of an order of approval or permission to operate a temporary stationary source and the ((Control Officer)) Authority may approve such a request provided the ((Control Officer)) Authority finds that:

1. The change in conditions will not cause the stationary ((air contaminant)) source to exceed an emissions standard; ((and))

2. No national ambient air quality standard shall be violated ((will be exceeded)) or if in a nonattainment area, shall not interfere with scheduled attainment of national ambient quality standards as a result of the change; ((and))

3. The change will not adversely impact the ability of the ((Control Officer)) Authority to determine compliance with an emissions standard;((.))

4. The revised order of approval or permission to operate will continue to require BACT, as defined at the time of the original order of approval or permission to operate, for each new source approved by the order of approval or permission to operate, except where the Federal Clean Air Act requires LAER; and

5. The revision meets the requirements of Article V of this Regulation, WAC 173-400-112, WAC 173-400-113 and WAC 173-400-141, as applicable.

D. A fee, as established in Section 10.07 of this Regulation, shall be assessed to, and paid by, the applicant for requests pursuant to Subsection 5.10.C.

E. "Order of approval" and "permission ((t)) to operate" revisions may be initiated by the ((Control Officer)) Authority, without fees charged to the owner or operator, as long as the stationary ((air contaminant)) source continues to comply with all applicable requirements of Chapter 70.94 RCW ((and the Federal Clean Air Act (42 USC 7401 et seq.),)) ((and)) the rules and regulations adopted thereunder, and the Authority's regulation(s), and the ((Control Officer)) Authority determines that the order of approval or permit to operate:

1. has typographical errors, or

2. has conditions listed therein that are ineffective or unreasonable, or

3. has conditions that no longer apply because the affected stationary ((air contaminant)) source or associated process or process materials have been significantly altered, or

4. has conditions that no longer apply due to revisions to ((F))federal, ((S))state, or ((L))local laws or regulations, or

5. does not accurately show current ownership, name, address, phone number, or there are other minor administrative inaccuracies.

F. The ((Control Officer)) Authority may not modify, delete, or add conditions to an existing order of approval or permit to operate under Section 5.10.E, unless the owner or operator is notified in writing at least 30 days in advance of the effective date of the change. Modified, deleted or added conditions may be appealed in accordance with ((RCW)) Chapter 43.21B RCW ((.310)).

G. Changes to conditions in an order of approval for a new source, for modifications to an existing stationary source, and replacement or substantial alteration of emission control equipment of an existing stationary source are subject to the public involvement provisions of Section 5.05 of this Regulation.

H. This Article does not prescribe the exact form that change of condition requests must take. However, if the request is filed on an order of approval, that application must be acted upon consistent with the timelines in Sections 5.06 and 5.07 or if a permit to operate, consistent with Section 5.08 of this Article.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.11 NOTICE OF ((COMPLETION)) START-UP OF A STATIONARY SOURCE


The owner or operator of the new, ((or)) modified, or temporary stationary ((air contaminant)) source, or replacement or substantial alteration of emission control equipment at an existing stationary source shall notify the Authority at least seven (7) days prior to the ((new or modified)) stationary ((air contaminant)) source's expected start-up date, or a shorter time, if approved by the ((Control Officer)) Authority.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.12 WORK DONE WITHOUT AN APPROVAL


A. Except as provided for in Subsection 5.02.H and 5.02.M, when:

1. A stationary source is constructed, installed, modified, or operated prior to receiving approval of a Notice of Construction application from the Authority; or

2. Emission control equipment is replaced, installed, or substantially altered on an existing stationary source prior to receiving approval of a Notice of Construction application from the Authority; or

3. A temporary or portable stationary source is installed or operated at a site prior to receiving approval of either a Notice of Construction or Notice of intent to Establish a Temporary Stationary Source application from the Authority, whichever is appropriate;

the Authority may assess a compliance investigation fee to the owner or operator, in addition to the fees required in Sections 5.03 and 5.08 of this Regulation as a part of the Notice of Construction or Notice of intent to Establish a Temporary Stationary Source review. The compliance investigation fee is established in Section 10.07 of this Regulation. Payment of the compliance investigation fee does not relieve any person from the requirement to comply with applicable regulations, nor from any penalties for failure to comply.

((Where construction, installation, modification, or operation of an stationary air contaminant source is commenced or performed prior to receiving an order of approval or permission to operate from the Control Officer, except as provided for in Subsection 5.02.F and 5.02.G, the Control Officer may conduct, or cause to be conducted, a compliance investigation as part of the Notice of Construction or Notice of Intent to Establish a Temporary Source review. In such case, a compliance investigation fee, as established in Section 10.07 of this Regulation, shall be assessed to, and paid by, the owner or operator, in addition to the fees required in Sections 5.03 and 5.08 of this Regulation. Payment of the compliance investigation fee does not relieve any person from the requirement to comply with applicable regulations, nor from any penalties for failure to comply.))

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.13 ORDER OF APPROVAL CONSTRUCTION TIME LIMITS


A. An order of approval, issued pursuant to Section 5.07 or 5.08.A.1 shall become invalid if:

1. Construction is not commenced within eighteen months after the receipt of the approval, or

2. Construction is discontinued for a period of eighteen months or more, or

3. Construction is not completed within eighteen months of commencement ((a reasonable time, as determined by the Control Officer)).

B. The ((Control Officer)) Authority may extend ((the)) an ((18)) eighteen-month period, as provided for in Section 5.13.A, upon a satisfactory showing that an extension is justified. The ((Control Officer)) Authority may approve such a request provided that:

1. No new requirements, such as New Source Performance Standards (((Title)) 40 CFR((, Code of Federal Regulations,)) Part 60), National Emissions Standards for Hazardous Air Pollutants (((Title)) 40 CFR((, Code of Federal Regulations,)) Parts 61 and 63), or state and local regulations, have been adopted pursuant to Chapter 70.94 RCW or the Federal Clean Air Act (42 USC 7401 et seq.) which would change the order of approval, had it been issued at the time of the extension; and

2. If there is a control technology requirement, pursuant to sections WAC 173-400-112, WAC 173-400-113, or WAC 173-400-114 ((of Chapter 173-400 WAC)); or ((Article V,)) Section 5.09.C of this Article ((Regulation)); that no technologies have been subsequently identified which would change the order of approval, had it been issued at the time of the extension; and

3. The information presented in the Notice of Construction and Application for Approval and associated documents and the ((assumptions)) determinations that were made by the ((Control Officer)) Authority during review of the application continue to accurately represent the design, configuration, equipment, and emissions of the proposed stationary ((air contaminant)) source; and

4. The applicant certifies that the stationary ((air contaminant)) source will comply with all applicable requirements of Chapter 70.94 RCW ((and the Federal Clean Air Act (42 USC 7401 et seq.),)), ((and)) the rules and regulations adopted thereunder, and the Authority's regulation(s).

C. Subsection 5.13.A. does not apply to the time period between construction of the approved phases of a phased construction project. Each phase must commence construction within ((18)) eighteen months of the projected and approved commencement date.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 5.14 APPEALS


A. An order of approval, permission to operate, conditions and change thereto, revocation, revision, or suspension thereof, or order of denial of an application for installation and operation of a stationary source may be appealed to the Pollution Control Hearings Board of Washington within 30 calendar days of receipt, as provided in Chapter 43.21B RCW.

((A. The following may be appealed to the Pollution Control Hearings Board of Washington within 30 calendar days of receipt, as provided in Chapter 43.21B RCW:

1. Notice of Construction and Application for Approval

a. An order of approval,

b. Conditions of an order of approval, or

c. An order of denial of a Notice of Construction and Application for Approval.

2. Notice of Intent to Install and Operate a Temporary Source

a. a permission to operate,

b. Any Conditions of an contained in a permission to operate, or

c. an order of denial of a Notice of Intent to Install and Operate a Temporary Source.))

B. The Authority shall promptly mail a copy((ies)) of each order, approving, ((or)) denying, revoking, revising, or suspending an Order of Approval ((Notice of Construction or Notice of Intent)) or Permit to Operate, to the applicant and to any other party (((in the case of a petition, the person or organization submitting the petition))) who submitted timely comments on the action ((application)). The approval, ((or)) denial, revocation, revision, or suspension order shall include a notice advising the parties of their rights of appeal to the Pollution Control Hearings Board and, where applicable, to the U.S. EPA Environmental Appeals Board.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.


SECTION 5.15 OBLIGATION TO COMPLY


A. The absence of an ordinance, resolution, rule or regulation, or the failure to issue an order pursuant to this Article shall not relieve any person from the obligation to comply with this Regulation or with any other provision of law.

ARTICLE VI



EMISSIONS PROHIBITED


ADOPTED: June 9, 1969


REVISED: ?


EFFECTIVE:
?

AMENDATORY SECTION (Amending Order Res. 01-15 filed 12/6/01)


ARTICLE VI SECTION 6.01 OUTDOOR BURNING...


C. Definitions. Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:

1. Agricultural Burning means burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, necessary to destroy weeds or crop residue along farm fence rows, irrigation ditches, or farm drainage ditches, or where identified as a best management practice by the agricultural burning practices and research task force established in ((Chapter)) RCW 70.94.650 or other authoritative source on agricultural practices…

15. Outdoor Burning or Open Burning-See definition in Article I, Section 1.04 of this Regulation ((means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion in a manner approved by the Authority. Outdoor burning means all types of outdoor burning except agricultural burning and silvicultural burning.))…

E. General Conditions. Considering population density and local conditions affecting air quality, the Authority or permitting authority shall establish conditions for all permits to minimize air pollution as much as practical. Such conditions may be general (applying to all permits) or specific (applying to individual permits). Conditions may address permissible hours of burning, maximum size or volume of material to be burned, requirements for good combustion practice, burning under specified weather conditions, pre-burn and post-burn reporting, and other criteria, determined by the permitting authority, as necessary to minimize air pollution. Unless exempt per Section 6.01.G, any person who practices or permits the practice of outdoor burning shall, in addition to any specific permit conditions established imposed, comply with the following general conditions:...

13. If an outdoor container is used for burning, it must be constructed of concrete or masonry with a completely enclosed combustion chamber and equipped with a permanently attached spark arresto((e))r constructed of iron, heavy wire mesh, or other non-combustible material with openings not larger than one-half inch...

G. Exceptions. Exceptions to Sections 6.01.D and E. shall be made as follows:

1. Exceptions that do not Require an Outdoor Burning Permit. The prohibitions in Section 6.01.D and the general conditions in Section 6.01.E are waived as indicated for the following types of fires:

a. Indian ceremonial fires are exempt from the prohibitions in Section 6.01.D and Section 6.01.E.4, 6, 7 and 11...

8. Permit timelines. For fires in Section 6.01.G.2.a, b and f-l((k)), all applicants shall submit an application in accordance with Section 6.01.H.8.a. For fires in Section 6.01.G.2.c-e, all applicants shall submit an application in accordance with Section 6.01.H.8.a and/or b.

a. 30-day permit (for fires in Section 6.01.G.2)...

AMENDATORY SECTION (Amending Order Res. 88-09, filed 12/1/88)


ARTICLE VI SECTION 6.02
((VISUAL)) VISIBLE EMISSIONS


A. It shall be unlawful for any person to cause or allow the emission of air contaminant from any emission point which equals or exceeds twenty percent opacity for an aggregate of more than three (3) minutes in any one-hour period except:

1. When the emissions occur due to soot blowing/grate cleaning and the operator can demonstrate that the emissions will not equal or exceed twenty percent opacity for more than fifteen minutes in any eight consecutive hours. The intent of this provision is to permit the soot blowing and grate cleaning necessary to the operation of boiler facilities. As such, this practice, except for testing and trouble shooting, is to be scheduled for the same approximate times each day and the ((a))Authority shall be advised of the schedule.

2. When the presence of uncombined water is the only reason for the failure of an emission to meet the requirements of this section. The burden of proof to establish the quantity of uncombined water in the emission shall lie with the owner or operator who is seeking to bring the emission from his equipment or process within the requirements of Section 6.02A.

3. When otherwise specifically permitted by Article VIII, Section 8.05 of this ((r))Regulation (i.e. solid fuel burning devices). ((and;))

4. ((When, pursuant to R.C.W. 70.94.331, the Authority has approved an alternate opacity limitation based upon an appropriate technical demonstration of the relationship between the opacity and the particulate concentration of an emission source.))

B. The opacity of an air contaminant shall be measured at the point of its emission, except when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.

C. Visible emissions shall be determined by using Ecology Test Method 9A. ((a certified observer or equivalent methods.))

D. The emission limits of this section shall apply to each emission point regardless of the number of emissions units connected to a common stack...

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Board Adoption, filed 6/9/69)


ARTICLE VI SECTION 6.03 INCINERATOR BURNING AND INCINERATION HOURS


A. The Authority, implements and enforces WAC 173-400-050, in Spokane County in addition to Parts B through E of this Section. The more stringent requirement in WAC 173-400-050 or Section 6.03 supersedes the lesser.

B. ((A)) It shall be unlawful for any person to burn any combustible refuse in any incinerator within the jurisdiction of this Authority except in an approved multiple-chambered incinerator or in equipment found by the Control Officer in advance of such use to be equally effective for the purpose of air pollution control. The Control Officer may require the installation of additional control apparatus on an incinerator of approved design, if he finds that it is not effectively controlling air pollution emissions or is the cause of legitimate complaints.

C. ((B)) It shall be unlawful for any person to cause or allow the operation of an incinerator at any time other than daylight hour, except with the approval of the Control Officer.

D. ((C)) Approval of the Control Officer for the operation of an incinerator at other than daylight hours may be granted upon the submission of a written request stating:

1. Full name and address of the applicant.

2. Location of the incinerator.

3. A description of the incinerator and its control equipment.

4. Good cause for issuance of such approval.

5. The hours, other than daylight hours, during which the applicant seeks to operate the equipment.

6. The length of time for which the exception is sought.

E. No one shall install or operate an "Air Curtain Incinerator" or "Wigwam Burner" within the Authority's jurisdiction.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 87-02, filed 4/2/87)


ARTICLE VI SECTION 6.04 ODORS AND NUISANCES


A. Effective control apparatus and measures shall be installed and operated to reduce odor-bearing gases and particulate matter emitted into the atmosphere to a reasonable minimum.

B. The Board or Control Officer may establish reasonable requirements that the building or equipment be closed and ventilated in such a way that all the air, gas, and particulate matter are effectively treated for removal or destruction of odorous matter or other air contaminants before emission to the atmosphere.

C. Odors caused by agricultural activities consistent with good agricultural practices exempt from this section:

1. Odors caused by agricultural activities consistent with good agricultural practices on agricultural land are exempt from the requirements of this section unless they have a substantial adverse effect on public health. In determining whether agricultural activity is consistent with good agricultural practices, the ((a))Authority shall consult with a recognized third-party expert in activity prior to issuing any notice of violation.

2. Any notice of violation issued under this section pertaining to odors cause by agricultural activity shall include a statement as to why the activity is inconsistent with good agricultural practices, or a statement that the odors have substantial adverse effect on public health.

3. In any appeal to the Pollution Control Hearings Board or any judicial appeal of final order pertaining to odors caused by agricultural activity, the ((a))Authority shall prove the activity is inconsistent with good agricultural practices or that the odors have a substantial adverse impact on public health.

4. If a person engaged in agricultural activity on a contiguous piece of agricultural land sells or has sold a portion of that land for residential purposes, the exemption of this section shall not apply.

5. As used in this section:

a. "Agricultural activity" means the growing, raising, or production of horticultural or viticultural crops, berries, poultry, livestock, grain, mint, hay, and dairy products.

b. "Good agricultural practices" mean economically feasible practices which are customary among or appropriate to farms and ranches of a similar nature in the local area.

b. "Agricultural land" means at least five acres of land devoted primarily to the commercial production of livestock or agricultural commodities.

6. The Authority, implements and enforces WAC 173-400-040(4), in Spokane County in addition to Parts A through C.6 of this Section. The more stringent requirement in WAC 173-400-040(4) or Section 6.03 supercedes the lesser...

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 89-07, filed 5/4/89)


ARTICLE VI SECTION 6.05 PARTICULATE MATTER AND PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE


A. It shall be unlawful for any person to cause or allow the discharge of particulates in sufficient numbers to unreasonably cause annoyance to any other person when deposited upon the real property of others.((, except as follows:

1. Temporarily due to breakdown of equipment provided the breakdown is reported on as soon as possible but no later than the next regular working day and repairs are promptly made.

2. The time period allowed by the Control Officer for the owner or operator to meet the compliance order.))

B. It shall be unlawful for any person to cause or permit particulate matter to be handled, transported or stored without taking reasonable precautions to prevent the particulate matter from becoming airborne.

C. It shall be unlawful for any person to cause or permit a building or its appurtenances or a road to be constructed, altered, repaired, or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Reasonable precautions to prevent particulate matter from becoming airborne must also be used on roads used as detour routes around roads, or section of road that are being constructed, altered, repaired, demolished, or closed for any purpose.

D. It shall be unlawful for any person, including the owner or person in control of real property to cause or allow particulate matter to be deposited upon a paved roadway open to the public without taking every reasonable precaution to minimize deposition. Reasonable precautions shall include, but are not limited to, the removal of particulate matter from equipment prior to movement on paved streets and the prompt removal of any particulate matter deposited on paved streets.

E. It shall be unlawful for any person to cause or allow visible emissions of fugitive dust unless reasonable precautions are employed to minimize the emissions. Reasonable precautions may include, but are not limited to, one or more of the following:

1. The use of control equipment, enclosures, and wet (or chemical) suppression techniques, and curtailment during high winds;

2. Surfacing roadways and parking areas with asphalt, concrete, or gravel;

3. Treating temporary, low traffic areas (e.g., construction sites) with water or chemical stabilizers, reducing vehicle speeds, constructing pavement or rip rap exit aprons, and cleaning vehicle undercarriages and tires before they exit to prevent the track-out of mud or dirt onto paved public roadways; or

4. Covering or wetting truck loads or allowing adequate freeboard to prevent the escape of dust-bearing materials...

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Board Adoption, filed 6/9/69)


ARTICLE VI SECTION 6.06 EMISSION OF AIR CONTAMINANTS OR WATER VAPOR, DETRIMENT TO PERSONS OR PROPERTY
(SEE WAC 173-400-040(5))


A. The Authority, implements and enforces WAC 173-400-040(5). ((It shall be unlawful for any person to cause or permit the emission of an air contaminant or water vapor, including an air contaminant whose emission is not otherwise prohibited by this Regulation, if the air contaminant or water vapor causes detriment to the health, safety, or welfare of any person or causes damage to property or business.

B. Nothing in this Regulation shall be construed to impair any cause of action or legal remedy thereof or any person, or the public for injury or damages arising from the emission of any air contaminant in such place, manner of concentration as to constitute air pollution or a common law nuisance.))

AMENDATORY SECTION (Amending Board Adoption, filed 6/9/69)


ARTICLE VI SECTION 6.07 EMISSION OF AIR CONTAMINANT CONCEALMENT AND MASKING RESTRICTED
(SEE WAC 173-400-040(7))


A. The Authority, implements and enforces WAC 173-400-040(7).

((A. It shall be unlawful for any person to willfully cause or permit the installation or use of any device or use of any means which, without resulting in a reduction in the total amount of air contaminant emitted, conceals an emission of air contaminant which would otherwise violate Section 6.04, 6.05, and 6.06, or this Article.

B. It shall be unlawful for any person to cause or permit the installation or use of any device or use of any means designated to mask the emission of an air contaminant which causes detriment to health, safety or welfare of any person.))

AMENDATORY SECTION (Amending Board Adoption, filed 6/9/69)


ARTICLE VI SECTION 6.08 REPORT OF BREAKDOWN


A. The owner or operator of a source which emits pollutant(s) exceeding any ((of the)) limit((s)) established by Ecology or the Authority in any order(s), rule(s) or regulation(s) that apply to the facility ((this Regulation)) as a direct result of unavoidable upset conditions or unavoidable and unforeseeable breakdown of equipment or control apparatus may be exempt from penalties if:

1. The upset or breakdown is reported to the Authority on the next regular working day.

2. The owner or operator shall, upon request of the Control Officer, submit a report giving:

a. The causes.

b. The steps to be taken to repair the breakdown, and

c. A time schedule for the completion of the repairs.

3. The owner or operator can prove to the Control Officer that the excess emissions due to breakdown were unavoidable by adequately demonstrating that:

a. The event was not caused by poor or inadequate design, operation, maintenance, or any other reasonably preventable condition;

b. The event was not of a recurring pattern indicative of inadequate design, operation, or maintenance; and

c. The operator took immediate and appropriate corrective action in a manner consistent with good air pollution control practice for minimizing emissions during the event, taking into account the total emissions impact of the corrective action, including slowing or shutting down the emissions unit as necessary to minimize emissions, when the operator knew or should have known that an emission standard or permit condition was being exceeded.

B. The Control Officer on receipt of a report (Subsection A.2.) from the owner or operator describing a breakdown may:

1. Allow continued exempt operation, but only for a limited time period, after which the owner or operator will be required to comply with this Regulation, or the applicable permit condition, or be subject to the penalties in Section 2.11. An exemption granted under this Section 6.08, may be withdrawn if the exempt operation becomes a cause of complaints.

2. Require that the ((plant)) facility curtail or cease operations of the equipment, which emits pollutants exceeding any of the limits established by this Regulation or in any permit condition, until repairs are completed, if the Control Officer determines that the quantity of pollutants, or the nature of the pollutants, could endanger human health and safety, cause injury to plant and/or animal life, or cause damage to property.

AMENDATORY SECTION (Amending Order Res. 94-28, filed 11/3/94)


ARTICLE VI SECTION 6.09
(RESERVED) ((EXCEPTIONS TO THIS ARTICLE


The following equipment is exempt from Section 6.02 of this Article:

Grain elevators engaged exclusively in receiving, transferring, and storing of cereal grains or legumes.))...

AMENDATORY SECTION (Amending Order Res. 01-04, filed 2/2/01)


ARTICLE VI SECTION 6.11 AGRICULTURAL BURNING


In addition to this Section of the Regulation, the Authority, implements and enforces Chapter 173-430 WAC. The more stringent requirement in Chapter 173-430 or Section 6.11 supersedes the lesser...

AMENDATORY SECTION (Amending No Order)


ARTICLE VI SECTION 6.12
((INTENTIONALLY BLANK)) RESERVED


AMENDATORY SECTION (Amending Order Res. 98-07, filed 5/7/98)


ARTICLE VI SECTION 6.13 GENERAL SURFACE COATING...


C. Definitions. Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:

1. Airless Spray means a spraying system that uses hydraulic atomization instead of air atomization. The coating is supplied to the gun under high fluid pressure between 1000 and 3000 psig and the coating is forced through a small orifice.

2. Air-Assisted Airless Spray means a spraying system that combines air and airless features. An airless type fluid tip atomizes the paint and shapes the fan pattern at fluid pressures between 300 and 1000 psig. Lower pressure air from 10 to 30 psig combines at the spray cap to adjust the fan shape to eliminate heavy edges (tails).

3. Automated means the technique, method, or system of operating or controlling a process by mechanical, electrical, hydraulic, or electronic means independent of human intervention.

4. Brush Coat Application means manual application of coatings by use of a paint brush.

5. Coating means a material or formulation of materials that is applied to or impregnated into a surface in order to beautify, protect, enhance the function, or otherwise cover the surface.

6. Container means the individual receptacle that holds a coating or coating component for storage and distribution.

7. ((6.)) Dip Coat Application means application of coatings in which the surface to be coated is immersed in a solution (or dispersion) containing the coating material and withdrawn.

8. ((7.)) Electrostatic Application means application of coatings where an electrostatic potential is created between the part to be coated and the paint particles.

9. ((8.)) Exempt Solvent means a solvent, or solvent component, which is not a volatile organic compound (VOC).

10. ((9.)) Flow Coat Application means application of coatings by flowing the coating over the surface to be coated and draining the excess coating to a collection system.

11. ((10.)) High Volume, Low Pressure (HVLP) or Low Volume, Low Pressure (LVLP) coating system means equipment used to apply coatings by means of a spray gun which operates between 0.1 and 10.0 pounds per square inch gauge air pressure measured at the nozzle and that exhibits a minimum transfer efficiency of 65%, as applied).

12. ((11.)) Light Duty Vehicle means a passenger car, truck, van, or other motor vehicle which has a gross vehicle weight of 8500 pounds or less, or components thereof.

((12. Metallic/Iridescent Topcoat means any coating that contains more than 5 grams per liter (0.042 lb/gal) of metal or iridescent particles, as applied to the surface, where such particles are visible in dried film.))

13. Multi-Coat System means a coating system where more than one product or coat is sequentially applied to the same surface and generally consists of a pigmented base coat, one or more semi-transparent mid-coats, and a transparent clear coat. The VOC content for a multi-coat system shall be calculated as follows:


VOCBC + VOCX1 + VOCX2 + ... + VOCXn + 2VOCCC
VOCTM= ------------------------------------------------------------
n+3

where:

VOCTM is the average sum of the VOC content, as applied to the surface, in a multi-coat system; and

VOCBC is the VOC content, as applied to the surface, of the base coat; and

VOCX is the VOC content, as applied to the surface, of each sequentially applied mid-coat; and

VOCCC is the VOC content, as applied to the surface, of the clear coat (Two coats are applied); and

n is the total number of coats applied to the primer coat(s) surface.

((14. Precoat means any coating that is applied to bare metal, primarily to deactivate the metal surface for corrosion resistance to a subsequently applied water-based primer.))

14. ((15.)) Pre-packaged Aerosol Can Application means application of coatings from cans which are sold by the coating supplier as non-reusable, hand-held pressurized containers. The coating is expelled as a finely divided spray when a valve on the container is depressed.

((16. Pretreatment Wash Primer means any coating which contains a minimum of 0.5% acid by weight that is applied directly to bare metal to etch the metal surface to enhance corrosion resistance and adhesion of subsequently applied coatings.))

15. ((17.)) Primer means any coating that is applied to a surface to enhance corrosion resistance, protection from the environment, functional fluid resistance, and adhesion of subsequently applied coatings.

((18. Primer Sealer means any coating that is applied prior to the application of a topcoat to enhance corrosion resistance, adhesion of the topcoat, color uniformity, and the ability of an undercoat to resist penetration by the topcoat.))

((19. Primer Surfacer means any coating that is applied prior to the application of a topcoat to enhance corrosion resistance, adhesion of the topcoat, and a uniform surface by filling in surface imperfections.))

16. ((20.)) Reducer means any solvent added to a coating which has the effect of reducing the viscosity of the coating or shortening the drying time.

17. ((21.)) Refinishing means reapplying coating to a surface to repair, restore, or alter the finish.

18. ((22.)) Roll Coat Application means manual application of coatings by the use of a paint roller.

19. ((23.)) Solvent Consumption means the volume of solvent purchased or otherwise procured, less the volume recycled or disposed. In the absence of records which document the transfer of solvent to an authorized recycler or waste hauler, solvent consumption means the volume of solvent purchased or otherwise procured.

((24. Specialty Coating means any coating that is necessary due to unusual job performance requirements, including but not limited to uniform finish blenders, elastomeric materials for coating of flexible plastic parts, coatings for non-metallic parts, gloss flatteners, and anti-glare/safety coatings.))

20. ((25.)) Standard engineering practices means that accepted, peer reviewed sets of criteria are used in designing equipment (i.e. Uniform Building, Electrical, and Fire Codes, recommendations of the American Conference of Governmental Industrial Hygienists, guidelines of the Department of Labor and Industry, etc.).

21. ((26.)) Surface Coating means the application of coating to a surface.

((27. Topcoat means any coating that is applied over a primer or directly to a surface, primarily to enhance appearance. For the purposes of this rule, either a base coat/clear coat shall be considered jointly and individually as a topcoat.))

((28. Volatile Organic Compound (VOC) means any compound of carbon which participates in atmospheric photochemical reactions as defined in 40 CFR part 51, 51.100(s), other than those organic compounds that the Administrator has excluded in 40 CFR part 51, 51.100 from this definition.))

22. ((29.)) VOC Content means pounds of VOC per gallon of coating (Lb/Gal) or grams of VOC per liter of coating (G/L), minus water and exempt solvents. The VOC content is calculated as follows:


WV
VOCCT= --------------------------------------
VM - VW - VES

where:

VOCCT is the VOC content of the coating, as applied to the surface; and

WV is the weight of VOC per unit volume of coating, as applied to the surface; and

VM is the unit volume of coating, as applied to the surface; and

VW is the volume of water per unit volume of coating, as applied to the surface; and

VES is the volume of exempt solvents per unit volume of coating, as applied to the surface.

23. ((30.)) Wash Solvent means any solution, solvent, suspension, compound, or other material, excluding water, that is used to clean spray equipment, spray equipment lines, containers, and any other equipment associated with the application of coatings.

24. ((31.)) Wipe-Down Agent means any solution, solvent, suspension, compound, or other material that is applied to a surface exclusively for cleaning the surface or preparing the surface for coating.

D. Prohibitions on emissions

1. No person shall cause or allow the application of any coating which contains greater than 0.1% by weight of one or more compounds of lead or hexavalent chromium.

2. Light duty vehicle refinishing - prohibitions on VOC content. Except as provided in Section 6.13.F., no person shall cause or allow the application of any coating or other agent to any light duty vehicle or light duty vehicle component, with a VOC content in excess of the ((following)) limits listed in 40 CFR 59, Subpart B, Table 1 - EPA National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings.((:


VOC Content
Type of Coating or Agent Lb/Gal G/L
Metallic/Iridescent Topcoat 5.0 600
Multi-Coat System Topcoats 5.2 620
Plastic Parts Cleaner 7.0 840
Precoat 5.5 660
Pretreatment Wash Primer 6.5 780
Primer 4.8 575
Primer Sealer 6.0 720
Primer Surfacer 4.8 575
Specialty Coating 7.0 840
Topcoats (General) 5.0 600
Single/two-stage Topcoats 5.0 600
Wipe-Down Agent 1.4 170

(*VOC Content is consistent with EPA National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings)))

E. Requirements. All persons subject to the requirements of Section 6.13 shall comply with all of the following, unless exempted under Section 6.13.F.

1. Enclosure and Controls - Spray application shall be conducted in a booth or area which is vented to an operating particulate control system. The particulate control system, including filtration, ducting, and fan shall be installed and sized according to standard engineering practices. Acceptable filtration methods may include:

a. Filter banks supplied with filter media designed for spray booth applications.

b. Water baths where the inlet air flow to the water bath is submerged.

c. Water wall systems that form a continuous water curtain through which the particulate flow stream must pass.

d. Other filtration methods that have received the prior written approval of the Control Officer.

The control system shall be equipped with a fan which is capable of capturing all visible overspray. Emissions from the booth/area shall be vented to the atmosphere through a vertical stack. The top of the exhaust stack/vent shall be at least 6 feet above the penetration point of the roof, or if the exhaust stack/vent exits horizontally out the side of the building, then the exhaust stack/vent shall vent vertically at least 6 feet above the eave of the roof. A higher stack/vent may be required if the ((a))Authority determines that it is necessary for compliance with Section 6.04 or 6.06 of this ((r))Regulation. There shall be no flow obstructions (elbows, tees, or stack caps) inside of, or at the top of, the stack that will impede upward vertical flow of the exhausted air.

It shall be the owner/operator's responsibility to comply with other applicable federal, state, and local regulations for the stack/vent.

2. Visible Emissions - Visible emissions from the stack shall not exceed 10% opacity averaged over any six minute period, as determined by EPA Method 9.

3. Application methods - Except as provided in Section 6.13.F., no person shall cause or allow the application of any coating or other agent containing VOC unless the coating or agent is applied by one of the following methods:

a. High Volume, Low Pressure coating system;

b. Low Volume, Low Pressure coating system;

c. Wet or Dry electrostatic application;

d. Flow coat application;

e. Dip coat application;

f. Brush coat application;

g. Pre-packaged aerosol can application;

h. Roll coat application;

i. A spraying technique that when tested, using the methodology presented in ASTM Standard D 5327-92, or when test documentation, provided to and approved by the ((a))Authority, exhibits that the spraying technique has a transfer efficiency of at least 65%;

j. Alternate application methods that have received the written approval of the Control Officer. Such alternate methods may be used, provided that the owner or operator makes a written request to use an alternate method and the ((c))Control ((o))Officer grants approval. These methods include but are not limited to the following application methods and circumstances:

1) Airless and Air-Assisted Airless Spray systems may be used under any of the following circumstances:

(a) when the volatile organic compound (VOC) emissions are determined by the Control Officer to be no more than VOC emissions that would be generated by a spray application with a transfer efficiency of 65%;

(b) when the spraying operation is automated;

(c) when spray painting structural steel members where the coating, as formulated by the coating manufacturer, does not require addition of reducers to spray, and is delivered under high pressure (> 1,000 psig for airless, or > 300 psig for air-assisted airless) to the application system; or

(d) where the Control Officer has determined that the coating cannot be feasibly applied with a method that has a minimum transfer efficiency of 65%…

F. Exceptions. Exceptions to Section 6.13 shall be made as follows:

1. Noncommercial exemption. Nothing in Section 6.13 shall apply to surface coating operations conducted solely for personal, noncommercial purposes if, on a facility-wide basis, less than 5 gallons of surface coatings are applied per year.

2. Coating process exemptions. Nothing in Section 6.13 shall apply to the following coating processes:

a. The application of architectural coatings to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs;

b. Fiberglass resin application operations;

c. Gel coating operations;

d. The application of asphaltic or plastic liners. This includes undercoating, sound deadening coating, and spray on bed lining for trucks; ((or))

e. Spray plasma plating operations; or

f. Application of coatings to farming equipment...

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Board Adoption, 6/9/69)


ARTICLE VII RESERVED


REPEALER


((

COMPLIANCE SCHEDULES

ADOPTED: June 9, 1969


REVISED:
))


REPEALER


((A. All existing sources, which are under the jurisdiction of this Agency shall achieve full compliance with the emission limitations as specified in Regulation I and II of the Spokane County Air Pollution Control Authority by July 2, 1975.

1. Each source to which these regulations apply, shall, at the request of the agency, submit a statement advising whether the source at time of submission is in compliance with the emission limitations of this regulation. With respect to any such emission limitation not being met by January 1, 1974, the source shall achieve compliance in accordance with the following schedule.

a. By July 1, 1974, submit to the agency a specific plan of correction or improvement to meet the emission limitation within one year. Such plans must provide for complying with (b) below.

b. By January 1, 1975, order equipment for control or modification required to meet the plan of correction or improvement. A report verifying this action shall be submitted to the agency by January 15, 1975.

In relation to plans submitted pursuant to (A)(1) above, the agency receiving same may require additional information or changes to assure full compliance by July, 2, 1975 (see Article V, Regulation I).))

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


((B. On notification from the agency the owner or operator of a source shall submit a proposed compliance schedule within a reasonable period of time. The proposed compliance schedule shall contain interim compliance dates for such steps as engineering and design, acquisition and installation of equipment. The schedule shall give the final compliance date with Spokane County Air Pollution Control Authority Regulations and be signed by the owner or operator of the source or his designee.

The proposed compliance schedule shall be submitted to the Board who may act to accept, modify, amend, or disapprove the proposal. After the Board has voted to accept the proposed compliance schedule in its final form, a regulatory order shall be issued establishing a compliance schedule which contains the progress reporting elements required in this subsection for the source.

Opportunity for a public hearing on each proposed compliance schedule shall be provided by prominent advertisement of a notice identifying the proposal and announcing its availability for public inspection at the Agency office. No public hearing on a proposed compliance schedule shall be held before 30 days after the publication of the above notice. A source shall be considered to be in compliance with this chapter if all the provisions of its individual compliance schedule included within a regulatory order issued hereunder are being met.))

AMENDATORY SECTION (Amending Order Res. 01-19, filed 11/1/01)


ARTICLE X



FEES AND CHARGES

ADOPTED: September 12, 1991


REVISION: ?


EFFECTIVE: ?


AMENDATORY SECTION (Amending Order Res. 97-05, filed 4/3/97)


SECTION 10.01 DEFINITIONS


Unless a different meaning is clearly required by context, words and phrases used in this article shall have the following meaning:

((When used in Regulation I of the Spokane County Air Pollution Control Authority:))

A. Air Operating Permit Source means any facility required to have an operating permit pursuant to Chapter 173-401 WAC.

B. ((Burn Out Oven means any oven used to clean or remove dirt, grease, grime, paint, varnish, or any other unwanted substance or contaminant, from any object by using controlled incineration.

C. Criteria Pollutant means any one of the following: fine particulate matter (PM10), volatile organic compounds (VOC), nitrogen oxides, sulfur oxides, ozone, lead, or carbon monoxide.))

B. D. Emission Fee means the component of a registration fee or operating permit fee, which is based on total actual annual emissions of criteria and toxic air pollutants. In the case of a new or modified source or a source being registered initially, the emission fee is based on projected emissions as presented in an approved Notice of Construction or registration form.

E. ((Emission Reduction Credit means a credit granted to a source for a voluntary reduction in actual emissions per 173-400-131 WAC.))

C. F. Registration Period means the ((twelve-month period)) calendar year for which an annual fee has been assessed pursuant to Section 10.06.B.1. (((1))) or 10.06.B.2 (((2))).

G. ((Source means all of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous properties, and are under the control of the same person, or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products. Activities shall be considered ancillary to the production of a single product or functionally related group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.))

D. H. Significant Emissions, for the purposes of this Article, means the same, as defined in Article I, Section 1.04, of this Regulation. ((, in reference to a net emissions increase or the potential of a source to emit, any of the following pollutants, at a rate of emissions equal to or greater than any one of the following rates:

-increased emissions of 10 tons per year of any one toxic air pollutant; or,

-increased emissions of 25 tons per year of two or more toxic air pollutants; or,


Pollutant Tons/Year
Carbon monoxide 100
Nitrogen oxides 40
Sulfur dioxide 40
Particulate Matter (PM) 25
Fine particulate matter (PM10) 15
Volatile organic compounds 40
Lead 0.6
Fluorides 3
Sulfuric Acid Mist 7
Hydrogen sulfide (H2S) 10
Total reduced sulfur (including H2S) 10
Reduced sulfur compounds (including (H2S) 10
Municipal waste combustor organics 0.0000035
(measured as total tetra-through-octa-chlorinated dibenzo-p-dioxins and dibenzofurans)
Municipal waste combustor metals (measured as PM) 15
Municipal waste combustor acid gases 40
(measured as SO2 and hydrogen chloride)

I. Stage I Vapor Recovery means the capture of gasoline vapors at gasoline dispensing facilities during the transfer of gasoline from a transport tank into a stationary storage tank.

J. Stage II Vapor Recovery means the capture of gasoline vapors at gasoline dispensing facilities during the transfer of gasoline from a stationary storage tank into a motor vehicle fuel tank.

K. Total Actual Annual Emissions means the total of all criteria and toxic air pollutant emissions for the most recent complete year that is available to SCAPCA.

L. Toxic Air Pollutant means any toxic air pollutant (TAP) listed in WAC 173-460-150 or 173-460-160. Toxic air pollutant does not include particulate matter or volatile organic compounds as generic classes of substances.))

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.


SECTION 10.02 FEES AND CHARGES REQUIRED


A. Any fee assessed pursuant to Article X shall be paid within 30 days of assessment. Any person who is more than 90 days late with such payment shall pay a penalty equal to three times the amount of the original fee owed.

B. Revenues collected pursuant to RCW 70.94.161 shall be deposited in the operating permit program dedicated account and shall be used exclusively for the program.

AMENDATORY SECTION (Amending Order Res. 95-12, filed 7/6/95)


SECTION 10.03 FEES OTHERWISE PROVIDED


A. All fees and charges provided for in this Article X are in addition to fees otherwise provided for or required to be paid by Regulation I, PROVIDED the Control Officer shall waive payment of any fee or service charge hereby required if the Control Officer determines that such fee is duplicative of a fee charged or required to be paid by another Article of this ((r))Regulation.

AMENDATORY SECTION (Amending Order Res. 97-05, filed 4/3/97)


SECTION 10.04 FEE WAIVER


A. Except for air operating permit sources, the Control Officer may waive payment of all, or a portion, of any fee or service charge required by this Article upon a showing deemed sufficient by the Control Officer that payment of the fee would cause financial hardship upon the applicant.

B. The Control Officer may identify categories of sources, or groups of sources within a category, in Section 10.04.C. with similar emissions units and processes where the Control Officer determines that any of the following conditions exist:

1. Facility-wide emission rates are less than 1 ton per year of air contaminants; or

2. There are no specific regulations on the control of air contaminants; or

3. Compliance with control requirements is readily accomplished through nontechnical self-inspection techniques; or

4. The primary purpose for registration, pursuant to Article IV, is to inventory air contaminant emissions.

As categories are so identified, the Control Officer may waive one-half of the annual registration fee for owners or operators of individual facilities who provide emission inventory data, and other required information relative to compliance with applicable regulations, within 30 days of the request by the Authority, in a format acceptable to the Authority. In so doing, the owner or operator shall certify to the best of his/her knowledge, on forms provided by the Authority, that the emission inventory data is accurate and the facility is in compliance with applicable regulations. Owners or operators who fail to return the information within 30 days of the request will not qualify for a fee waiver under this Section. Notwithstanding the provision of required data by the owner or operator, the Authority reserves the right to conduct inspections of the facility.

C. The following categories of sources are eligible for the fee waiver specified in Section 10.04.B. However, individual sources are not eligible if one or more Notices of Violation have been issued by the Authority, pursuant to Section 2.04 of this Regulation ((I)), to the facility in the previous 36-(( ))month period:


Source Category Rating
Surface Coating Operations <1 ton/yr VOC emitted
Gasoline Dispensing Facilities Exempt from stage II vapor recovery requirements
Boilers & Other Fuel Burning Equipment, With Air Contaminant Emissions Exclusively From Natural Gas Combustion <107 BTU/hr heat input
Boilers & Other Fuel Burning Equipment, With Air Contaminant Emissions Exclusively From Other Fossil Fuel Combustion <106 BTU/hr heat input
Dry Cleaning Plants <140 gal/yr solvent consumption
Waste Oil Burners <500,000 BTU/hr heat input
Tire Recapping Facilities All units in the category
Grain Elevators All units with no on-site processing capability

AMENDATORY SECTION (Amending Order Res. 99-18, filed 9/2/99)


SECTION 10.05 GENERAL ADMINISTRATIVE FEES


A. A fee of $0.15 per page for photocopies shall be charged.

B. The actual cost of postage shall be charged for all material requested to be mailed.

C. For other administrative services requested and performed by Authority staff, which are not provided to the public generally, the Control Officer shall determine such charge as reasonably reimburses the Authority for time and materials expended in providing the service.

AMENDATORY SECTION (Amending Order Res. 01-19, filed 11/1/01)


SECTION 10.06 REGISTRATION AND OPERATING PERMIT FEES FOR AIR CONTAMINANT SOURCES


A. Each source required by Article IV, Section 4.01 to be registered, each air operating permit source, and each source required by Article V, Section 5.02 to obtain an approved Notice of Construction and Application for Approval is subject to an annual fee for each calendar year, or portion of each calendar year, during which it operates. The owner or operator shall pay the fee, pursuant to the requirements in Section 10.02. Fees received pursuant to the registration program or the operating permit program shall not exceed the actual costs of program administration.

B. The annual fee for each source shall be determined as follows:

1. For sources that are not subject to Section 10.06.B.3, 4, or 5. (((3), (4), or (5))) of this ((r))Regulation and which emit less than 5 tons per year of criteria and toxic air pollutants:

a. a flat fee of $160; and

b. a $30 fee for each stack and other emission point, not to exceed $600; and

c. an emission fee of $20 per ton of each criteria and toxic air pollutant; and

d. an additional fee of $150 for each source which operated at least one incinerator or burn out oven during the registration period; and

e. an additional fee of $100 if the source is required by the Authority to submit an annual emissions inventory to the Washington Emission Data System (WEDS).

2. For sources that are not subject to Section 10.06.B.3, 4, or 5. (((3), (4), or (5))) of this ((r))Regulation and which emit 5 tons or more per year of criteria and toxic air pollutants, but less than 100 tons per year of any one criteria pollutant:

a. a flat fee of $215; and

b. a $30 fee for each stack and other emission point, not to exceed $600; and

c. an emission fee of $20 per ton of each criteria and toxic air pollutant; and

d. an additional fee of $150 for each source which operated at least one incinerator or burn out oven during the registration period; and

e. an additional fee of $100 if the source is required by the Authority to submit an annual emissions inventory to the Washington Emission Data System (WEDS).

3. For air operating permit sources, a share of the assessment by ((the Department of)) Ecology, pursuant to RCW 70.94.162(3), determined according to Section 10.06.D of this ((r))Regulation, plus:

a. for bulk gasoline loading terminals, Standard Industrial Classification 5171, a fee of $11,500;

b. for secondary aluminum facilities, Standard Industrial Classification 3341, a fee of $21,100;

c. for municipal solid waste incineration facilities, Standard Industrial Classification 4953, a fee of $20,400;

d. for military bases, Standard Industrial Classification 9711, a fee of $17,850; or

e. for sources not listed in a., b., c., or d. above

1) which have total annual actual emissions of less than 50 tons, a fee of $3000;

2) which have total annual actual emissions of greater than or equal to 50 tons but less than 100 tons, a fee of $4000; or

3) which have total actual annual emissions of 100 tons or greater, a fee of $5000.

4. For affected units under Section 404 of the Federal Clean Air Act (42 USC 7401 et seq):

a. a fee of $50 per hour of time expended in carrying out the fee eligible activities specified in RCW 70.94.; and

b. a share of the assessment by ((the Department of)) Ecology, pursuant to RCW 70.94.162(3), determined pursuant to Section 10.06.D of this ((r))Regulation.

5. For ((gasoline dispensing)) facilities, where the dispensing of gasoline is the only registered emission point, and which are not subject to Section 10.06.B.3 (((3))) of this ((r))Regulation, a flat fee of $165.

C. The Board ((of Directors)) shall annually review the fee schedule for air operating permit sources and projected costs to implement the requirements of RCW 70.94.161 and determine if the total projected fee revenue to be collected pursuant to this Section is sufficient to recover program costs. Such review shall include opportunity for public review and comment on the projected costs and any changes to the operating permit fee schedule. Accordingly, the Authority shall account for program costs, including employee costs and overhead. If the Board ((of Directors)) determines that the total projected fee revenue is either significantly excessive or deficient for this purpose, then the Board ((of Directors)) shall amend the fee schedule to more accurately recover program costs.

D. Individual shares of the assessment pursuant to RCW 70.94.162(3) shall be determined by the following formula:


I = FI x AE

FT


Where,

I is the individual share of the assessment, and

FI is the individual fee assessed pursuant to Section 10.06.B.3, or 4. (((3), or (4))) of this ((r))Regulation, and

AE is the total assessment pursuant to RCW 70.94.162(3), and

FT is the sum of all the individual fees assessed pursuant to Sections 10.06.B.3, or 4. (((3), or (4))) of this ((r))Regulation.

AMENDATORY SECTION (Amending Order Res. 00-04, filed 5/4/00)


SECTION 10.07 APPLICATION AND PERMIT FEES FOR NOTICE OF CONSTRUCTION AND APPLICATION FOR APPROVAL AND FOR NOTICE OF INTENT TO INSTALL AND OPERATE A TEMPORARY STATIONARY SOURCE


A. Filing Fee - For each project required by Article V to file a Notice of Construction and Application for Approval (NOC) or a Notice of Intent to Install and Operate a Temporary Stationary Source, the applicant shall pay a filing fee of $150 at the time of filing the application.

B. Project Review Fee - IN ADDITION to the filing fee provided in Section 10.07.A, the applicant shall pay a fee, according to the following:

1. Equipment fee. Sources for which an application is made for one or more ((than one)) emission points under one Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source application, as allowed in Section 5.02.G ((D)), the equipment fee, for each emissions unit and/or air pollution control system being installed or modified, shall be as follows:

a. Fuel Burning Equipment With or Without Air Pollution Control Equipment:


Design Input Size (MMBtu/hr) Fee
.4 < 5 $200
5 < 10 $250
10 < 20 $300
20 < 50 $350
50 < 100 $400
100 < 250 $500
250 < 500 $650
500 < UP $850

b. Refuse Burning Equipment Including Air Pollution Control Equipment:


Capacity (ton/day) Fee
0 < 12 $1,000
12 < 250 $1,500
250 < UP $2,500

c. Process Equipment and/or Air Pollution Control Equipment or Uncontrolled Process Equipment:


Actual ft3/min Fee
0 < 5,000 $150
5,000 < 20,000 $250
20,000 < 50,000 $350
50,000 < 100,000 $450
100,000 < 250,000 $550
250,000 < 500,000 $650
500,000 < UP $800

d. Gasoline dispensing facilities:


Equipment Being Installed Fee
Annual facility gasoline throughput of less than 1.5 million gallons $150
Annual facility gasoline throughput of 1.5 million gallons or greater $250

e. For sources not included in the above categories, an hourly fee of $50.00 per hour of time expended in ((plan)) project review.

2. Significant emissions review fee - In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B.1.e. (((1)(e))) above, for any new or modified source of air pollution to be constructed and anticipated to produce significant emissions, as defined in Article I, Section 1.04. of this Regulation, a significant emissions review fee of $250.

3. Toxic air pollutant review fee - In addition, except for projects subject to an equipment fee, pursuant to Section 1((.))0.7.B.1.e. (((1)(e))) above, for any new or modified source of air pollution which requires review pursuant to Chapter 173-460 WAC, a toxic air pollutant review fee. For sources with one or more ((than one)) emission points under one Notice of Construction application, as allowed in Section 5.02.G ((D)), a separate toxic air pollutant review fee applies to each emissions unit, or each group of like-kind emissions units, being installed or modified. A group of emissions units shall be considered as like-kind if the same set of emission calculations can be used to characterize emissions from each of the emissions units. The toxic air pollutant review fee shall be as follows:

a. For a new or modified source using WAC 173-460-080 (2)(e), Small Quantity Emission Rates, to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070 & WAC 173-460, an additional charge of $100;

b. For a new or modified source using dispersion screening models (e.g., EPA SCREEN or TSCREEN) under WAC 173-460-080 (2)(c) to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $150;

c. For a new or modified source using more refined dispersion models (e.g., EPA ISC3) under WAC 173-460-080 (2)(c) to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $400; or

d. For a new or modified source using a second tier analysis under WAC 173-460-090 or a risk management decision under WAC 173-460-100 to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $1000.

4. NSPS Review Fee - In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B.1.e. (((1)(e))) above, for any new or modified source of air pollution, subject to a standard under WAC 173-400-115 (NSPS), an additional charge as follows:

a. If subject to 40 CFR Part 60, Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, with only natural gas as a fuel, an additional charge of $50;

b. If subject to 40 CFR Part 60, Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, using fuels other than solely natural gas, an additional charge of $100;

c. If subject to 40 CFR Part 60, Subpart I, Standards of Performance for Hot Mix Asphalt Facilities, an additional charge of $100;

d. If a volatile organic liquid storage tank subject to 40 CFR 60.110b (b) or (c), no additional charge;

e. If subject to 40 CFR Part 60, Subpart OOO, Standards of Performance for Nonmetallic Mineral Processing Plants, no additional charge; and

f. If subject to a subpart of 40 CFR Part 60, other than those covered in ((())a.(())) through ((())d.(())) above, an additional charge of $250.

5. NESHAP Review Fee - In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B.1.e. (((1)(e))) above, for any new or modified source of air pollution, subject to a standard under WAC 173-400-075 (NESHAP), an additional charge as follows:

a. If subject to 40 CFR Part 63, Subpart M, National Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities, and/or WAC 173-400-075(6), Emission Standards for Perchloroethylene Dry Cleaners, no additional charge;

b. If subject to 40 CFR Part 63, Subpart N, National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, an additional charge of $100;

c. If subject to 40 CFR Part 63, Subpart T, National Emission Standards for Halogenated Solvent Cleaning, an additional charge of $150; and

d. If subject to a subpart of 40 CFR Part 63, other than those covered in ((())a(())) through ((())c.(())) above, an additional charge of $250.

6. Integrated Review Fee - In addition, for integrated review of a Notice of Construction and Application for Approval, as allowed under Section 5.02.J ((H)) of this ((r))Regulation, an additional charge of $250.

C. Change in Condition Fee - Sources for which application is made for a change in conditions pursuant to Section 5.10.C of this ((r))Regulation, the fee shall be one half the current fee for a Notice of Construction and Application for Approval or a Notice of Intent to Install and Operate a Temporary Stationary Source for that type of source, including the filing fee, according to Section 10.07.A, and the applicable fees, according to Section 10.07.B, or $350, whichever is less.

D. Compliance Investigation Fee - Where a compliance investigation is conducted pursuant to Section 5.12 of this ((r))Regulation, the compliance investigation fee shall be $300 per emissions unit, or group of like-kind emissions units, being installed or modified. A group of emissions units shall be considered as like-kind if the same set of emission calculations can be used to characterize emissions from each of the emissions units.

E. SEPA Review Fee - Where review of an Environmental Impact Statement (EIS), Environmental Checklist, or an Addendum to, or adoption of, an existing environmental document pursuant to the State Environmental Policy Act (SEPA) Chapter 197-11 WAC is required, in association with a Notice of Construction and Application for Approval or a Notice of Intent to Establish a Temporary Stationary Source, the applicant shall pay a SEPA or EIS review fee of $50 per hour or $125, whichever is greater. The applicant shall pay a partial SEPA review fee of $125, at the time of submittal of the EIS or SEPA. The Authority will bill the owner, operator, or applicant for the remainder of the SEPA or EIS review fee after a threshold determination has been made and/or a preliminary determination of the Notice of Construction has been issued.

F. Complex Project Review Fee -

1. The Control Officer may notify the applicant in writing that, due to the complexity of the application, the permit processing fees will be based on the actual hours spent by the Authority staff in evaluating and verifying the proposed project's compliance with applicable federal, state, and local rules and regulations. The complexity fee applies to Notice of Construction and Application for Approval orders and Notice of Intent to Establis4h a Temporary Stationary Source permissions to operate.

2. The complexity fee assessed shall be $50 per hour and shall not exceed the actual cost of processing and reviewing the proposed project. This complexity fee may include, but is not limited to, costs associated with planning meetings and/or design evaluations, that are related to the proposed project, prior to actual submission of a complete application.

3. The complexity of a permit shall be determined by dividing the usual fee in Section 10.07.B.1.a - d. by $50 per hour. If this number is less than the actual hours spent in review, the Authority may elect to assess a Complex Project Review Fee instead of assessing the fee according to the schedule in Section 10.07.B.1.a. - d. The actual review time shall not include the time associated with review of an environmental checklist or environmental impact statement. These fees are assessed separately under Section 10.07.E.

4. The applicant may avoid being subject to a Complex Project Review Fee by providing additional information with the application that reduces the cost to the Authority in reviewing the application to a level consistent with the fee schedule in Section 10.07.B.1a - d.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 02-01, filed 1/3/02)


SECTION 10.08 MISCELLANEOUS FEES


A fee of $50 per hour of time expended in review shall be paid by the applicant for each of the following:

A. Emission reduction credit request pursuant to Chapter 173-400-131 WAC.

B. Alternate opacity limit request pursuant to RCW 70.94.331 (2)(c).

C. Reasonably Available Control Technology (RACT) determination pursuant to Chapter 173-400-040 WAC and/or RCW 70.94.161.

D. Variance request pursuant to ((SCAPCA Regulation I)); Article III of this Regulation or RCW 70.94.181. In addition, the applicant shall pay a filing fee of $125.

E. Voluntary limits on emissions request pursuant to Chapter 173-400-091 WAC.

F. Requests pursuant to the following sections of this ((r))Regulation.

1. Section 6.13.E.3.j (use of alternate spray application method);

2. Section 6.13.F.4 (large object enclosure exemption);

3. Section 6.13.F.6 (stack exemption);

4. Section 6.13.F.9 (use of lead or hexavalent chrome containing coatings);

5. Section 6.13.F.10 (enclosure and/or particulate control exemption); ((and))

6. Section 6.13.F.11 (inside exhaust exemption)((.)); and

7. Registration exemption requests.

G. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

AMENDATORY SECTION (Amending Order Res. 01-15, filed 12/6/01)


SECTION 10.09 ASBESTOS FEES


Written notification, as required in Article IX, Section 9.04, shall be accompanied by the appropriate nonrefundable fee according to Section 10.09.A (((a))).

A. ((a.)) Notification Period and Fees

Project Size or Type Notification Period Fee
Owner-Occupied, Single-Family Residence Asbestos Project (excluding demolition) Notification

Not Required

None None
Owner-Occupied, Single-Family Residence Demolition All Prior Notice $25
All Other Demolitions with no asbestos project All 10 Days $150
Asbestos Project includes demolition fee* 10-259 linear ft

48-159 square ft

3 Days $150
Asbestos Project includes demolition fee 260-999 linear ft

160-4,999 square ft

10 Days $300
Asbestos Project includes demolition fee 1,000-9,999 linear ft

5,000-49,999 square ft

10 Days $750
Asbestos Project includes demolition fee > 10,000 linear ft

> 50,000 square ft

10 Days $1,500
Emergency 9.04.C Prior Notice** Additional fee equal to project fee
Amendment*** 9.04.B Prior Notice $50
Alternate Means of Compliance (demolitions or friable asbestos-containing material) 9.07.A or C 10 Days Additional fee equal to project fee
Alternate Means of Compliance (non-friable asbestos-containing material) 9.07.B 10 Days Additional fee equal to project fee
Annual 9.04.A.8 Prior Notice $1,000
* Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period.

** Except in the case where advance notice is not required pursuant to Section 9.04.C.2.

*** For an amendment where the project type or job size category is associated with a higher fee, a fee equal to the difference between the fee associated with the most recently submitted notification and the fee associated with the increased project type or job size category shall be submitted in addition to the $50 amendment fee.

B. ((b.)) The Control Officer may waive the asbestos project fee and notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.

C. ((c.)) Where a compliance investigation is conducted pursuant to Section 9.04 of this ((r))Regulation, the compliance investigation fee shall be equal to $50 per hour of compliance investigation.

D. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

AMENDATORY SECTION (Amending Order Res. 93-18, filed 9/2/93)


SECTION 10.10 SOLID FUEL BURNING DEVICE EXEMPTIONS


A. An initial nonrefundable fee of $25 shall be paid for review of any exemption request to use solid fuel combustion device during periods of impaired air quality. An annual nonrefundable renewal fee of $10 will be required each year thereafter. ((Payment of the fee shall not guarantee the applicant that the request will be approved.)) These fees may be waived per Section 10.04 or for emergency situations.

B. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

SECTION 10.11 OXYGENATED GASOLINE


A. Pursuant to Chapter 173-492 WAC, the following annual fees shall be paid by blenders of oxygenated gasoline for sale in the Spokane Control Area.


Small Volume (<100,000 Gallons/Month) $170
Medium Volume (100,000 to <1,000,000 Gallons/Month $335
Large Volume (1,000,000 to <15,000,000 Gallons/Month $2,070
Very Large Volume (>15,000,000 Gallons/Month $5,170

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 97-05, filed 4/3/97)


SECTION 10.12 AGRICULTURAL BURNING FEES


A. For agricultural burning permits issued by the Authority pursuant to Section 6.11 of this ((r))Regulation, a nonrefundable fee shall be paid by the applicant according to the following:

1. Portion for local administration: a fee of $1.25 per acre; and

2. The state administration and research portions, pursuant to 70.94.650 RCW and WAC 173-430-040 (3)(b).

B. Refunds of fees collected by the Authority may be provided at the discretion of the Authority for portions of acreage, of equivalent, unburned, provided that the total adjusted fee is no less than $25.

C. Acreage equivalency shall be in accordance with the determination of the agricultural burning practices and research task force pursuant to WAC 173-430-040 (3)(d).

D. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

SECTION 10.13 OUTDOOR BURNING PERMIT FEES


AMENDATORY SECTION (Amending Order Res. 01-15, filed 12/6/01)


For outdoor burning permit applications, submitted to the Authority pursuant to Section 6.01 of this ((r))Regulation, a nonrefundable fee shall accompany the application. The fee is as follows:

A. A $10 fee shall be submitted with each 30-day permit application.

B. A $25 fee shall be submitted with each annual permit application.

C. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order Res. 02-01, filed 1/3/02)


SECTION 10.14 PAVING WAIVER FEES


A. A minimum nonrefundable filing and review fee of $50 shall accompany all paving waiver requests submitted to the Authority ((SCAPCA)). After the first hour of filing and review, an additional fee of $50 per hour shall be paid by the applicant for each hour of time expended by the Authority ((SCAPCA)) in carrying out the review.

B. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

REPEALER


((REGULATION II

SPOKANE COUNTY AIR POLLUTION

CONTROL AUTHORITY))


REPEALER


((ARTICLE I




POLICY AND SHORT TITLE

ADOPTED: September 7, 1971


REVISED: January 6, 1975))


REPEALER


((SECTION 1.01 POLICY


The Spokane County Air Pollution Control Authority, co-extensive with the boundaries of Spokane County, having been activated by the Washington Clean Air Act, RCW 70.94 as amended, adopts the following Regulations to control the emission of air contaminants from all sources within the jurisdiction of the Authority; to provide for the uniform administration and enforcement of this Regulation; and to carry out the requirements and purposes of the Washington Clean Air Act.

It is hereby declared to be the public policy of the Spokane County Air Pollution Control Authority to secure and maintain such levels of air quality as will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and to property, foster the comfort and convenience of its inhabitants, promote the economic and industrial development of the County and enhance the recreational potential within the County.))

REPEALER


((SECTION 1.02 NAME OF AUTHORITY


The name of the County Air Pollution Control Authority, co-extensive with the boundaries of Spokane County, shall be known as the "Spokane County Air Pollution Control Authority."
))

REPEALER


((SECTION 1.03 SHORT TITLE


This regulation shall be known and cited as "Regulation II of the Spokane County Air Pollution Control Authority."
))

REPEALER


((ARTICLE II



GENERAL PROVISIONS

SEVERABILITY AND PENALTY

ADOPTED: September 7, 1971

REVISED:))

REPEALER


((SECTION 2.01 GENERAL PROVISIONS


The general provisions cited in Section 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12 of Regulation I shall apply to Regulation II.
))

REPEALER


((ARTICLE III



VARIANCES, WHEN PERMITTED

ADOPTED: September 7, 1971

REVISED:))

REPEALER


((A. Any person who owns or is in control of any plant, building, structure, establishment, process or equipment, including a group of persons who owns or controls like processes or like equipment, may apply to the Board for a variance from rules or regulations governing the quality, nature, duration, or extent or discharges of air contaminants. The application shall be accompanied by such information and data as the Board may require. The Board may grant such variance, but only after public hearing or due notice, if it finds that:

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

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

REPEALER


((B. No variance shall be granted pursuant to this section until the Board had considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.))

REPEALER


((C. Any variance or renewal thereof shall be granted within the requirements of sub-section A for a time period and under conditions consistent with the reasons therefore, and within the following limitations:

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

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

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

REPEALER


((D. Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the Board on account of the variance, no renewal shall be granted unless, following a public hearing on the complaint on due notice, the Board finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least sixty (60) days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Board shall give public notice of such application in accordance with rules and regulations of the Board.))

REPEALER


((E. A variance or renewal shall not be a right of the applicant or holder thereof but shall be at the discretion of the Board. Any applicant adversely affected by the denial or the terms and conditions of the granting of an application for a variance or renewal of a variance by the Board, may obtain judicial review thereof only under the provisions of Chapter 34.04 RCW as now or hereafter amended.))

REPEALER


((F. Nothing in this section and no variance or renewal granted pursuant hereto shall be constructed to prevent or limit the application of the emergency provisions and procedures of RCW 70.94.415 of the Washington Clean Air Act to any person or his property. (RCW 70.94.181)))

REPEALER


((ARTICLE IV



EMISSION PROHIBITED

ADOPTED: September 7, 1971


REVISED: May 1, 1979
))


REPEALER


((SECTION 4.01 PARTICULATE EMISSIONS - GRAIN LOADING RESTRICTIONS


It shall be unlawful for any person to cause or allow the emission of particulate matter into the atmosphere from any single source:

A. Which is in excess of 0.1 grains per cubic foot of gas at standard conditions for non-combustion sources.

B. Which is in excess of 0.1 grains per cubic foot of gas calculated to 12% of carbon dioxide (CO2) at standard conditions for combustion sources.

C. In the non-attainment area any source which has an actual annual emission of 25 tons or greater shall use reasonably available control technology for that specific industrial source category, or the source may choose to achieve an emission level of 0.05 grains/DSCF; whichever is the more stringent.

If the source does not operate year-round, then a calculated annual emission rate will be given. This calculated rate will be the product of the actual hourly or daily emission rate for the period of operation increased by a direct ratio to represent twelve (12) months of operation.

The effective date of this regulation shall be January 1, 1979 and all sources subject to this regulation shall be in compliance no later than January 1, 1982.))

REPEALER


((SECTION 4.02 CONCEALMENT OR MASKING RESTRICTIONS


It shall be unlawful for any person to willfully cause or permit the installation or use of any device or use of any means which, without resulting in a reduction in the total amount of particulate matter discharged, conceals or dilutes the emissions which would otherwise violate Section 4.01 of this regulation.
))

REPEALER


((SECTION 4.03 ANALYSIS AND TESTING REQUIREMENTS


A. The requirements of Section 4.02 shall be measured in a manner which conforms with good engineering practice and is approved by the Control Officer or in accordance with modified procedures mutually agreed upon by the equipment owner or operator and the Authority. A copy of current approved test procedures shall be kept on file in the office of the Authority.

B. The Control Officer or his authorized agent may obtain from the owner or lessee of an emission source such information or analysis as will disclose the nature, extent, or quantity of degree of air contaminants which are or may be discharged by such a source, and type of nature of control equipment in use, when such information or analysis is available or reasonably capable of being assembled.

C. The Control Officer or his authorized agent may require that safe access and adequate sampling facilities be provided the Authority by the owner or lessee of an emission source to be tested. The Authority must give notice of at least fifteen (15) days to the owner of the source to be tested.))

REPEALER


((SECTION 4.04 MAXIMUM EMISSION RATE


It shall be unlawful for any person to cause or allow the discharge of particulate matter into the atmosphere from any single source which exceeds the rate of 40 pounds per hour.
))

REPEALER


((ARTICLE V



BREAKDOWNS AND EXCEPTIONS

ADOPTED: September 7, 1971

REVISED: January 6, 1975))

REPEALER


((SECTION 5.01 REPORT OF BREAKDOWN


A. The owner or operator of a source which emits pollutants exceeding any of the limits established by this Regulation as a direct result of unavoidable upset conditions or unavoidable and unforeseeable breakdown of equipment or control apparatus may be exempt from penalties if:

1. The upset or breakdown is reported to the Authority on the next regular working day.

2. The owner or operator shall, upon request of the Control Officer, submit a report giving:

a. The causes,

b. The steps to be taken to repair the breakdown, and

c. A time schedule for the completion of the repairs.

B. The Control Officer on a receipt of a report (Subsection A.2.) from the owner or operator describing a breakdown may:

1. Allow continued exempt operation but only for a limited time period, after which the owner or operator will be required to comply with this Regulation or be subject to the penalties in Section 2.11 of Regulation I. An exemption granted under this Section 5.01 may be withdrawn if the exempt operation becomes a cause of complaints.

2. Require that the plant curtail or cease operations until repairs are completed if the quantity of pollutants or the nature of the pollutants could cause damage.))

REPEALER


((SECTION 5.02 EXCEPTION TO THIS ARTICLE


The following equipment is exempt from this Article:

1. Fuel-burning equipment used exclusively in a dwelling serving less than five (5) families.

2. Grain elevators engaged exclusively in receiving, transferring and storing of cereal grains or legumes and not located in while or part within a sensitive area are exempt from Section 4.01 only.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office