WSR 18-22-124
PROPOSED RULES
DEPARTMENT OF ECOLOGY
[Order 18-03—Filed November 7, 2018, 7:21 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-13-113.
Title of Rule and Other Identifying Information: Chapter 173-405 WAC, Kraft pulping mills, regulates air pollution from mills that use the Kraft process to produce paper pulp or paper from wood fibers.
Chapter 173-410 WAC, Sulfite pulping mills, regulates air pollution from mills that use a cooking liquor consisting of sulfurous acid, a sulfite or bisulfite salt alone or in any combination, with or without additional mechanical refining or delignification to produce pulp, pulp products, or cellulose from wood fibers.
Chapter 173-415 WAC, Primary aluminum plants, regulates air pollution from primary aluminum reduction plants that manufacture aluminum by electrolytic reduction.
These three rules are enacted under RCW 70.94.395 to set statewide air quality requirements and standards for Kraft pulping mills, sulfite pulping mills and primary aluminum plants.
Hearing Location(s): On December 12, 2018, at 2:30 p.m., at a webinar and in person at the Department of Ecology, 300 Desmond Drive S.E., Lacey, WA 98503.
Presentation, question and answer session followed by the hearing.
We are also holding this hearing via webinar. This is an online meeting that you can attend from any computer using internet access.
Join online and see instructions https://watech.webex.com/watech/onstage/g.php?MTID=efdf8ba90c1780c04f6b026956bcfcc62.
For audio call United States toll number 1-855-929-3239 and enter access code 808 604 799. Or to receive a free call back, provide your phone number when you join the event.
Date of Intended Adoption: April 3, 2019.
Submit Written Comments to: Debebe Dererie, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, submit comments online at http://ac.ecology.commentinput.com/?id=35Zx2, by December 20, 2019 [2018]. Submit comments by mail, online, or at the hearing(s).
Assistance for Persons with Disabilities: Contact Sultana Shah, phone 360-407-6831, TTY 711 for deaf or hard of hearing, 877-833-6341 (Washington relay service), email sultana.shah@ecy.wa.gov, by December 7, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We are proposing sets of changes in this rule making:
1. The primary purpose of this rule making is to align the following statewide rules with the general regulations for air pollution sources (chapter 173-400 WAC), the federal Clean Air Act (CAA), and the Environmental Protection Agency (EPA) startup, shutdown and malfunction (SSM) policy: Chapter 173-405 WAC, Kraft pulping mills, chapter 173-410 WAC, Sulfite pulping mills, and chapter 173-415 WAC, Primary aluminum plants.
The CAA and EPA SSM policy require emission standards to apply continuously without automatic or discretionary exemptions, even during periods of SSM. Contrary to the CAA requirements and EPA SSM policy (80 F.R. 33840), chapter 173-400 WAC exempted or allowed a source to avoid an enforcement action for exceedances of emission standards during periods of startup, shutdown, and scheduled maintenance. EPA determined WAC 173-400-107 had overly broad enforcement discretion that potentially bars enforcement action by EPA and citizens in federal courts (80 F.R. 33840). On August 16, 2018, ecology adopted amendments to chapter 173-400 WAC to correct EPA-identified deficiencies, and meet the CAA requirements and SSM policy that allow comprehensive enforcement of applicable requirements.
This rule making harmonizes chapters 173-405, 173-410 and 173-415 WAC with chapter 173-400 WAC through adoption-by-reference of the SSM related provisions to:
•Remove impermissible provisions that shield sources from civil penalties for excess emissions during startup, shutdown, and scheduled maintenance.
•Establish alternative emission standards for soot-blowing and grate cleaning, refractory curing, and startup and shutdown of hog-fuel boilers with dry particulate controls.
•Outline the process for establishing facility-specific alternative emission limits for specific short-term operation modes like SSM that exceed the otherwise applicable emission standards in the SIP.
•Simplify the excess emission notification and reporting requirements.
We are proposing these changes to allow facilities subject to chapters 173-405, 173-410 and 173-415 WAC rules to:
•Have clear and consistent regulatory requirements across air quality rules that meet the federal requirements for SSM.
•Use the alternative emission standards for soot-blowing and grate cleaning, refractory curing, and startup and shutdown of wood-fired and hog-fuel boilers with dry particulate controls.
•Have a pathway to get an ecology approved source-specific alternative emission limit for specific short-term operations, when a source demonstrates it is technically infeasible to comply with the otherwise applicable emission standard.
•Simplify excess emissions notification and reporting requirements.
2. Other changes include:
•Explicitly require monthly performance tests for secondary emissions of total fluoride from primary aluminum plants, while providing a procedure that allows reduction of the performance testing frequency to quarterly.
•Extend the time allowed for submission of source testing reports to sixty days instead of fifteen days for pulping mills and thirty days for primary aluminum plants, to address the historical compliance challenge.
•Delete provisions that are outdated and not applicable to facilities covered by these rules.
•Correct typos and citations, and clarify rule language without changing the intent of the rules.
We are proposing these changes to:
•Protect human health and the environment through early identification of excess emissions of fluorides by maintaining the monthly total fluoride performance testing frequency for the secondary emission control systems of primary aluminum plants. In 2015, the federal equivalent requirement was changed to semiannual performance testing. However, the aluminum plants have shown some history of exceedances of the secondary total fluoride emission standard. Thus, we are maintaining the monthly testing frequency to avoid undetected exceedances of the emission standard.
•Provide a primary aluminum plant opportunity to reduce the performance testing frequency for the total fluoride from secondary emission control systems, if the plant consistently demonstrates emissions well below the emission standard.
•Promote compliance by extending the deadline for performance testing report submissions to reflect the time it takes to develop and to perform quality assurance on the report. This helps facilities avoid late reporting.
•To improve the readability of the rule and update references.
Reasons Supporting Proposal: Please see "Purpose of the proposal and its anticipated effects, including any changes in existing rules" above.
Statutory Authority for Adoption: Chapter 70.94 RCW, RCW 70.94.152, 70.94.331, 70.94.395.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is necessary because of federal law and federal court decision:
•Federal Clean Air Act, 42 U.S.C. Section 7401 et. seq. (1970);
•80 Federal Register 33840 EPA SSM SIP Call;
•Natural Resources Defense Council v. EPA, 749 F.3d 1055 (D.C. Cir. 2014);
•Sierra Club v. Johnson, 551 F.3d 1019 (D.C. Cir. 2008);
•Settlement agreement for Sierra Club et al. v. Jackson, No.3:10–cv–04060–CRB (N.D. Cal.).
Name of Proponent: Department of ecology, governmental.
Name of Agency Personnel Responsible for Drafting: Debebe Dererie, Lacey, 360-407-7558; Implementation and Enforcement: James DeMay, Lacey, 360-407-6868.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Debebe Dererie, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 360-407-7558, TTY 877-833-6341, email debebe.dererie@ecy.wa.gov.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(4).
Explanation of exemptions: Ecology analyzed the compliance costs of the proposed amendments in Chapter 3 of the preliminary regulatory analyses. We determined that no small business economic impact statement is required under the Regulatory Fairness Act (RFA, chapter 19.85 RCW) for the proposed amendments.
Based on our employment research, none of the ten existing facilities (nine currently operating), covered by the proposed amendments, are small businesses as defined in the RFA. (Washington state employment security department (2018); web sites for facility ownership at highest owner/operator level (see references list in preliminary regulatory analyses)). Consequently, ecology is not required to prepare a small business economic impact statement under the RFA (RCW 19.85.025(4)).
November 6, 2018
Polly Zehm
Deputy Director
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-021Definitions.
The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly required by context, the following words and phrases as used in this chapter shall have the following meanings:
(1) "Ecology" means the department of ecology.
(2) "Kraft mill" means any manufacturing facility which uses an alkaline solution containing sodium hydroxide and/or sodium sulfide, and any other chemical pulping facility, except those covered by chapter 173-410 WAC, to produce pulp and/or paper products from wood fibers. For the purposes of this regulation "kraft mill" is equivalent to "source."
(((2)))(3) "Noncondensibles" means gases and vapors from the digestion and evaporation processes of a mill that are not condensed with the equipment used in those processes.
(((3)))(4) "Recovery furnace stack" means the stack from which the products of combustion from the recovery furnace are emitted to the ambient air.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-040Emission standards.
In addition to the general applicability of chapters 173-400 and 173-490 WAC to all emission sources; no kraft pulp mill shall cause or permit air contaminant emissions in excess of the limits listed below. Specific emission standards listed in this chapter will take precedence over the general emission standards of chapter 173-400 WAC.
(1) Recovery furnaces.
(a) The particulate emissions from each recovery furnace stack shall not exceed 0.23 grams of particulate per dry cubic meter at standard conditions (0.10 grains/dscf) corrected to eight percent oxygen averaged over three one hour tests.
(b) The TRS emissions from each recovery furnace stack constructed before January 1, 1970, and for recovery furnaces that have direct contact evaporators, shall not exceed 17.5 ppm corrected to eight percent oxygen for a daily average.
(c) The TRS emissions from each recovery furnace constructed after January 1, 1970, which does not have a contact evaporator, shall not exceed 5.0 ppm corrected to eight percent oxygen for a daily average.
(2) Smelt dissolver tank vent. The particulate emissions from smelt dissolver tank vents shall not exceed 0.15 grams per kilogram (0.30 pounds per ton) of solids fired at the associated recovery furnace.
(3) Lime kilns.
(a) The particulate emission from each lime kiln stack shall not exceed 0.30 grams of particulate per dry cubic meter (0.13 grains/dscf) at standard conditions corrected to ten percent oxygen.
(b) The TRS emissions from any lime kiln stack shall not exceed eighty ppm expressed as hydrogen sulfide for more than two consecutive hours in any one day.
(c) The average daily emission of TRS from any lime kiln stack shall not exceed fifty ppm. After January 1, 1985, TRS emissions from each lime kiln stack shall not exceed twenty ppm corrected to ten percent oxygen for a daily average.
(4) Other TRS emissions units.
(a) Noncondensibles from digesters, multiple-effect evaporators and condensate stripper system shall ((at all times)) be treated to reduce the emissions of TRS equal to the reduction achieved by thermal oxidation in a lime kiln.
(b) A backup treatment system or equivalent approved by ecology must be installed to assure continual treatment of noncondensibles.
(5) Other particulate emissions units. The emission of particulates from emissions units other than kraft recovery furnaces, lime kilns, or smelt dissolving tank vents, shall not exceed the following maximums:
(a) 0.46 grams per dry cubic meter at standard conditions (0.2 grains/dscf) corrected to seven percent oxygen, for units which combust wood and wood residue to produce steam and which commenced construction prior to January 1, 1983.
(b) 0.12 grams per dry cubic meter at standard conditions (0.05 grains/dscf) corrected to seven percent oxygen, for units which combust fuel other than wood and wood residue to produce steam, and which commenced construction after January 1, 1983.
(c) 0.23 grams per dry cubic meter at standard conditions (0.1 grains/dscf) corrected to seven percent oxygen in the case of combustion units, for units not classified under (a) or (b) of this subsection.
(6) Opacity.
(a) No person shall cause or allow the emission of a plume from any kraft recovery furnace, smelt dissolver tank, or lime kiln, which has an average opacity greater than thirty-five percent for more than six consecutive minutes in any sixty minute period, except as described in WAC 173-405-040(7).
(b) No person shall cause or allow the emission of a plume, from any emissions unit other than a kraft recovery furnace, smelt dissolver tank, or lime kiln, which has an average opacity greater than twenty percent for more than six consecutive minutes in any sixty minute period((, except that these provisions do not apply when the emissions occur due to soot blowing/grate cleaning and the operator can demonstrate that the emissions will not exceed twenty percent opacity for more than fifteen minutes in any eight consecutive hours. The intent of this provision is to permit soot blowing and grate cleaning necessary to the operation of the boiler facility. This practice, except for testing and trouble shooting, is to be scheduled for the same approximate times each day and ecology shall be advised of the schedule)). The emissions unit shall comply with the alternative visible emission standard for:
(i) Soot blowing or grate cleaning in WAC 173-400-040 (2)(a);
(ii) Hog fuel or wood fired boiler in operation before January 24, 2018, in WAC 173-400-040 (2)(e); and/or
(iii) Furnace refractory in WAC 173-400-040 (2)(f).
(c) There shall be no more than one violation notice issued in any sixty minute period.
(d) These provisions (of WAC 173-405-040(6)) shall not apply when the presence of uncombined water is the only reason for the opacity of the plume to exceed the applicable maximum.
(7) ((Each mill may petition for, and ecology may establish by regulatory order, alternate opacity limits for a specific kraft recovery furnace or lime kiln, providing:
(a) The mill can demonstrate compliance; with all other applicable emission limits; and
(b) Best practicable operation and maintenance procedures, as approved by ecology, are continuously employed.
(8) Any person electing to apply for exceptions per the provisions of WAC 173-405-040(7) shall submit a program acceptable to ecology. The program shall include the following information: The amount and concentration of suspended particulate material emitted during best practicable operating procedures, opacity recorded at such emission level, the type of equipment and procedures which will be used to demonstrate compliance and the time required for installation of the equipment.
(9) The opacity provisions of this chapter shall apply until an application is received by ecology, petitioning for a revised limit as allowed by WAC 173-405-040(7). After a petition is received, enforcement of the opacity provisions will be stayed until the application is rejected or a new limit is established.
(10)))Alternative emission limitation. An owner or operator may request an alternative emission limit (as defined in WAC 173-400-030) under:
(a) WAC 173-400-081 for an action covered under a notice of construction application; or
(b) WAC 173-400-082 for a permit modification.
(8) Operation and maintenance. At all times, including periods of abnormal operation and upset conditions, owners and operators shall, to the extent practicable, maintain and operate any affected facility, including associated air pollution control equipment, in a manner consistent with good air pollution control practice. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to ecology which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.
(((11)))(9) SO2.
(a) The emission of sulfur dioxide from any recovery furnace or lime kiln shall not exceed five hundred ppm for an hourly average, corrected to eight percent oxygen for a recovery furnace or to ten percent oxygen for a lime kiln.
(b) The emission of sulfur dioxide from any emissions unit other than a recovery furnace or lime kiln shall not exceed one thousand ppm for an hourly average, corrected to seven percent oxygen for combustion units.
(((12)))(10) Source testing. To demonstrate compliance with this chapter, the provisions of WAC 173-400-105 shall apply to all sources to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-072Monitoring requirements.
Each mill shall conduct routine monitoring of emissions in accordance with a program that has been approved by ecology. Results of the monitoring shall be reported monthly within fifteen days of the end of each calendar month ((and)), except that source testing results shall be submitted within sixty days of completion of each source testing. All reports shall include data as follows:
(1) Particulate: The results of particulate measurements made on each source during the month.
(2) TRS:
(a) The average TRS concentration expressed in units of the standard for each recovery furnace and lime kiln stack.
(b) The date, time and concentration of TRS for each TRS emissions violation and the total numbers of hours that exceed the standard.
(3) Opacity or other continuous monitor:
(a) The date and time of opacity in excess of the standard.
(b) If equipment for continuous monitoring of opacity is not available, continuous monitoring of operating parameters may be required by a regulatory order as an alternate. If an alternate is approved, the date and time of each occurrence in excess of the regulatory order must be reported.
(4) Production: The average daily production of air-dried unbleached pulp.
(5) Other data: Each kraft mill shall furnish, upon request of ecology, such other pertinent data required to evaluate the mill's emissions or emission control program.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-077((Report of startup, shutdown, breakdown or upset conditions.))Excess emissions.
The provisions of WAC ((173-400-105(5)))173-400-107, or 173-400-108 and 173-400-109 shall apply to all sources to which this chapter is applicable.
Note:
WAC 173-400-107 is in effect until the effective date of EPA's removal of the provision from the SIP.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-086New source review (NSR).
The provisions of WAC 173-400-110 through 173-400-114 shall apply to all new sources and emissions units to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-405-087Prevention of significant deterioration (PSD).
The provisions of WAC ((173-400-141))173-400-700 through 173-400-750 shall apply to all new major sources and major modifications to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-021Definitions.
The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly required by context, the following words and phrases as used in this chapter, shall have the following meanings:
(1) "Acid plant" means the facility in which the cooking liquor is either manufactured or fortified when not associated with a recovery system.
(2) "Average daily emission" means total weight of an air contaminant emitted in each month, divided by the number of days of production that month.
(3) "Average daily production" means air dried tons of unbleached pulp produced in a month, divided by the number of days of production in that month.
(4) "Blow system" includes the storage chest, tank or pit to which the digester pulp is discharged following the cook.
(5) "Ecology" means the department of ecology.
(6) "Recovery system" means the process by which all or part of the cooking chemicals may be recovered, and cooking liquor regenerated from spent cooking liquor, including evaporation, combustion, dissolving, fortification, storage facilities, and emission control equipment associated with the recovery cycle.
(((6)))(7) "Sulfite pulping mill" means any manufacturing facility which uses a cooking liquor consisting of sulfurous acid, a sulfite or bisulfite salt alone or in any combination, with or without additional mechanical refining or delignification to produce pulp, pulp products or cellulose from wood fibers. For the purposes of this regulation "sulfite pulping mill" is equivalent to "source."
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-040Emission standards.
In addition to the general applicability of chapters 173-400 and 173-490 WAC to all emission sources; no sulfite pulping mill shall cause or permit air contaminant emissions in excess of the limits listed below. Specific emission standards listed in this chapter will take precedence over the general emission standards of chapter 173-400 WAC.
(1) Sulfur dioxide.
(a) The total average daily emissions from a sulfite pulping mill, or a portion of a sulfite pulping mill which practices incineration of the spent sulfite liquor, shall not exceed ten grams of sulfur dioxide per kilogram (twenty pounds per ton) of air dried, unbleached pulp produced.
(b) The total average daily emissions from a sulfite pulping mill, or a portion of a sulfite pulping mill that does not incinerate the spent sulfite liquor, shall not exceed two grams of sulfur dioxide per kilogram (four pounds per ton) of air dried, unbleached pulp produced.
(c) The blow system emissions shall not exceed 0.1 grams of sulfur dioxide per minute, on a fifteen minute average, per kilogram (0.2 pounds per ton) of air dried, unbleached pulp discharged from the digester.
(d) Emissions from the recovery system and acid plant shall not exceed 800 ppm of sulfur dioxide for any hourly average.
(e) Emissions from recovery systems constructed after January 24, 1972, shall not exceed 300 ppm of sulfur dioxide for any hourly average.
(f) Emissions from any emissions unit, other than a recovery system, a blow system or an acid plant, shall not exceed 1000 ppm of sulfur dioxide, corrected to seven percent oxygen in the case of combustion unit, for any hourly average.
(2) Particulate.
(a) Emissions of particulate from recovery systems constructed before January 24, 1972, shall not exceed 0.23 grams per dry cubic meter of exhaust at standard conditions (0.10 grains/dscf) corrected to eight percent oxygen.
(b) Emissions of particulate matter from recovery systems constructed after January 24, 1972, shall not exceed 0.14 grams per dry cubic meter of exhaust at standard conditions (0.06 grains/dscf) corrected to eight percent oxygen.
(c) The emission of particulates from emissions units other than acid plants or recovery systems shall not exceed the following maximums:
(i) 0.46 grams per dry cubic meter at standard conditions (0.2 grains/dscf) corrected to seven percent oxygen, for units which combust wood and wood residue to produce steam and which commenced construction prior to January 1, 1983.
(ii) 0.12 grams per dry cubic meter at standard conditions (0.05 grains/dscf) corrected to seven percent oxygen, for units which combust fuel other than wood and wood residue to produce steam, and which commenced construction after January 1, 1983.
(iii) 0.23 grams per dry cubic meter at standard conditions (0.1 grains/dscf) corrected to seven percent oxygen in the case of combustion units, for units not classified under (c) (i) or (ii) of this subsection.
(3) Opacity.
(a) No person shall cause or allow the emission of a plume from a recovery system or acid plant which has an average opacity greater than thirty-five percent, for more than six consecutive minutes in any sixty minute period((, except as allowed per RCW 70.94.331 (2)(c))).
(b) Visible emissions from units other than acid plants or recovery systems shall comply with WAC 173-400-040(2), except when an alternative opacity limit established under WAC 173-400-081 or 173-400-082 is applicable.
(4) Operation and maintenance. At all times, including periods of abnormal operations and upset conditions, owners and operators shall, to the extent practicable, maintain and operate any affected facility, including associated air pollution control equipment, in a manner consistent with good air pollution control practice. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to ecology which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.
(5) No recovery system shall emit total reduced sulfur (TRS) gases in excess of 17.5 ppm for a daily average.
(6) More restrictive limits. Ecology may set more restrictive emissions limits than the specific limits set in this chapter (after public involvement and hearing), if there is reason to believe that the emission(s) from a source is a cause of public nuisance or a cause of violation of ambient air quality standards. The source shall, within ninety days from notification of the more restrictive limits, achieve operation that will prevent further recurrence of the nuisance or violation.
(7) Source testing. To demonstrate compliance with this chapter, the provisions of WAC 173-400-105 shall apply to all sources to which this chapter is applicable.
(8) Alternative emission limitation. An owner or operator may request an alternative emission limitation (as defined in WAC 173-400-030) under:
(a) WAC 173-400-081 for an action covered under a notice of construction application; or
(b) WAC 173-400-082 for a permit modification.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-062Monitoring requirements.
Each mill shall conduct routine monitoring of emissions in accordance with a program that has been approved by ecology. Results of monitoring shall be reported monthly within fifteen days of the end of each calendar month ((and))except that source testing results shall be submitted within sixty days of completion of each source testing. All reports shall include data as follows:
(1) For the recovery system and acid plant:
(a) The average daily emissions of sulfur dioxide expressed as grams SO2 per kilogram of air dried, unbleached pulp produced and the kilograms of SO2 per day.
(b) Daily average concentration of sulfur dioxide.
(c) The date, time and concentration for each sulfur dioxide emission violation and the total number of hours that exceed the standard.
(d) The results of particulate tests conducted during the month.
(2) For the blow system:
(a) The grams of sulfur dioxide per minute, on a fifteen minute average, per kilogram of air dried, unbleached pulp discharged from the digester.
(b) The average daily production of air dried, unbleached pulp.
(3) Each mill shall furnish, upon request of ecology, such other pertinent data required to evaluate the mill's emission control program.
(4) All measurements shall be made in accordance with WAC 173-400-105.
(5) Each mill shall be required to establish a program approved by ecology for continuous opacity monitoring to demonstrate compliance with WAC 173-410-040(3) and to report the results to ecology in a format and on a schedule set by regulatory order. If equipment for continuous monitoring of opacity is not available, continuous monitoring of operating parameters may be required as an alternate until continuous opacity monitoring equipment is available.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-067((Report of startup, shutdown, breakdown or upset conditions.))Excess emissions.
The provisions of WAC ((173-400-105(5)))173-400-107, or 173-400-108 and 173-400-109 shall apply to all sources to which this chapter is applicable.
Note:
WAC 173-400-107 is in effect until the effective date of EPA's removal of the provision from the SIP.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-086New source review (NSR).
The provisions of WAC 173-400-110 through 173-400-114 shall apply to all new sources and emissions units to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 91-05-064, filed 2/19/91, effective 3/22/91)
WAC 173-410-087Prevention of significant deterioration (PSD).
The provisions of WAC ((173-400-141))173-400-700 through 173-400-750 shall apply to all new major sources and major modifications to which this chapter is applicable.
AMENDATORY SECTION(Amending WSR 05-17-169, filed 8/23/05, effective 9/23/05)
WAC 173-415-015Applicability.
(1) In addition to the general applicability of chapter 173-400 WAC to all emission sources, all primary aluminum reduction plants are required to meet the emissions standards of this chapter. Specific emissions standards and requirements listed in this chapter shall supersede the general emissions standards and general requirements in chapter 173-400 WAC.
(2) All primary aluminum reduction plants are required to meet applicable National Emissions Standards for Hazardous Air Pollutants (NESHAP((s))). New primary aluminum reduction plants must meet federal New Source Performance Standards (NSPS).
(3) Primary aluminum reduction plants are also subject to chapter 173-481 WAC.
(4) In this rule, whenever a federal regulation is cited, it refers to the ((most recent)) version of the federal regulation that has been adopted ((into Washington Administrative Code is the version of the federal regulation that is referenced. These most recent adoptions by reference can be found in chapter 173-400 WAC))by reference in WAC 173-400-025.
AMENDATORY SECTION(Amending WSR 05-17-169, filed 8/23/05, effective 9/23/05)
WAC 173-415-020Definitions.
The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly required by context, the following words and phrases as used in this chapter, shall have the following meanings:
(1) "Ecology" means the department of ecology.
(2) "Potline" means a single discreet group of electrolytic reduction cells connected in series, in which alumina is reduced to form aluminum.
(((2)))(3) "Primary aluminum reduction plant" means any facility manufacturing aluminum by electrolytic reduction. The primary aluminum reduction plant includes the following processes and their emission control systems: Pitch storage tanks, paste production plant, anode bake furnaces and potlines. For the purposes of this regulation "primary aluminum reduction plant" is equivalent to "source."
(((3)))(4) "Primary emission control system" means the equipment used to capture and remove the gases and particulate matter evacuated directly from the reduction cells((and the emission control device(s) used to remove pollutants)) prior to discharge of the cleaned gas to the atmosphere((. A roof scrubber is not part of the primary control system)).
(((4)))(5) "Secondary emission control system" means the equipment used to collect and treat the gases and particulate matter that escape from the reduction cells into the potroom prior to discharge of the cleaned gas to the atmosphere. Roof scrubbers are part of the secondary emission control system.
(6) "Total fluorides (TF)" means elemental fluorine and all fluoride compounds as measured by Methods 13A, 13B or 14A in 40 C.F.R. Part 60 Appendix A or by an EPA approved alternative method.
AMENDATORY SECTION(Amending WSR 05-17-169, filed 8/23/05, effective 9/23/05)
WAC 173-415-030Emission standards.
(1) Fluoride.
(a) The emission of total fluorides from a primary aluminum reduction plant shall meet the ((MACT)) requirements ((specified)) in 40 C.F.R. 63 Subpart LL.
(b) In addition to meeting the requirements in (a) of this subsection, the emission of fluorides from a primary aluminum reduction plant shall meet the requirements in chapter 173-481 WAC.
(c) If ((the department))ecology has reason to believe that adverse fluoride impacts are occurring ((in violation of chapter 173-481 WAC)), a primary aluminum reduction plant must establish, in response to a request from ((the department))ecology, an ambient air and/or forage monitoring program approved by ((the department))ecology as required by WAC 173-481-150.
(2) Particulate. The total emission of particulate matter to the atmosphere from the reduction process (potlines) shall be reduced to the lowest level consistent with reasonably available control technology (RACT) for primary aluminum reduction plants. The emission of solid particulate shall not exceed 7.5 grams per kilogram (fifteen pounds per ton) of aluminum produced on a daily basis. Aluminum produced shall be calculated by the method used to determine aluminum production rate in 40 C.F.R. 63.847 (e)(6).
(3) Visible emissions. Visible emissions from any emissions unit in a primary aluminum reduction plant shall not exceed an average twenty percent opacity for more than six consecutive minutes in any sixty minute period. This provision shall not apply:
(a) When the presence of uncombined water is the only reason for the opacity of the plume to exceed twenty percent; or
(b) When an alternate opacity limit has been established under ((RCW 70.94.331 (2)(c)))WAC 173-400-040, 173-400-081, or 173-400-082.
(4) Fugitive emissions. Each primary aluminum reduction plant shall use RACT to prevent fugitive emissions. Fugitive dust is included in fugitive emissions.
(5) Sulfur dioxide.
(a) Total emissions of sulfur dioxide from all emissions units shall not exceed thirty grams of sulfur dioxide per kilogram of aluminum produced on a monthly average (sixty pounds per ton). ((Those primary aluminum plants which were in excess of the above sulfur dioxide limit on January 1, 1978, will be allowed to emit at the January 1, 1978, level of emissions provided that the owners or operators did demonstrate to ecology by July 1, 1981, by use of modeling and ambient measurements, that the emissions will not cause the ambient standard to be exceeded, and that the limits are placed in a regulatory order(s).))
(b) In no case shall any plant cause or permit the emission of a gas containing sulfur dioxide in excess of one thousand parts per million corrected to dry standard conditions for an hourly average.
(6) Operation and maintenance (O&M). At all times, including periods of abnormal operation and upset conditions, owners and operators shall, to the extent practicable, maintain and operate an affected facility, including associated air pollution control equipment, in a manner consistent with good air pollution control practice. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to ecology which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. The means for demonstrating ongoing compliance with good O&M may include, but not be limited to: More frequent source testing, prescriptive procedures or inspections, control values for emissions at values less than the applicable regulatory requirements and that function as an investigative trigger rather than as a limit, collection and efficiency requirements, or the use of CEMs.
(7) Source testing.
(a) To demonstrate compliance with this chapter, the testing provisions of chapters 173-400, 173-481 WAC and ((MACT))the requirements ((as specified)) in 40 C.F.R. Part 63, Subpart LL shall be ((used as)) applicable, except that a primary aluminum reduction plant must conduct the total fluoride (TF) performance test for their secondary emission control system according to (b) or (c) of this subsection.
(b) Monthly performance testing: A primary aluminum reduction plant must conduct TF performance testing for the secondary emission control system monthly, except when ecology has approved quarterly testing according to (c) of this subsection.
(c) Quarterly performance testing: The owner or operator of a primary aluminum plant may request that ecology reduce the testing frequency of TF from the secondary emission control system from monthly to quarterly.
(i) The owner or operator shall provide information and data on secondary TF emissions to demonstrate to ecology's satisfaction that:
(A) The long-term average secondary TF emission for the last twenty-four consecutive months is less than sixty percent of the applicable limit.
(B) No monthly average emission during the last twenty-four consecutive months exceeded seventy-five percent of the applicable limit.
(ii) Ecology may approve the quarterly performance testing after:
(A) Verifying the criteria in (c)(i) of this subsection are met.
(B) Providing public notice and an opportunity for public comment on the proposed reduction in performance testing frequency, according to WAC 173-400-171.
(iii) If the TF secondary emissions exceed the applicable limit while performing quarterly testing approved under (c)(ii) of this subsection, the owner or operator:
(A) Shall immediately return to monthly testing for at least twelve months.
(B) May request ecology's approval to return to quarterly testing.
(iv) Ecology may approve the return to quarterly performance testing if the following criteria are met:
(A) The long-term average secondary TF emission for the last twenty-four consecutive months is no more than sixty percent of the applicable limit; and
(B) No more than one monthly average emission during the last twenty-four consecutive months exceeds seventy-five percent of the applicable limit.
(C) Ecology provides public notice and an opportunity for public comment on the proposed reduction in monitoring frequency, according to WAC 173-400-171.
(8) Alternative emission limitation. An owner or operator may request an alternative emission limitation (as defined in WAC 173-400-030) under:
(a) WAC 173-400-081 for an action covered under a notice of construction application; or
(b) WAC 173-400-082 for a permit modification.
AMENDATORY SECTION(Amending WSR 05-17-169, filed 8/23/05, effective 9/23/05)
WAC 173-415-060Monitoring and reporting.
(1) When requested by ((the department))ecology, each primary aluminum reduction plant shall conduct routine monitoring of emissions, ambient air, and forage in accordance with a program that has been approved by ((the department of)) ecology. Results of monitoring shall be reported monthly within thirty days of the end of each calendar month, except that source testing results shall be submitted within sixty days of completion of each source testing. In addition to the information required by ((the Primary Aluminum MACT,)) 40 C.F.R. Part 63, Subpart LL and chapter 173-481 WAC, the approved program shall include data as follows:
(a) Particulate emissions:
(i) Results of all emission sampling conducted during the month for particulates, shall be expressed in units used in the applicable requirements or in units specified in the monitoring plan.
(ii) The method of calculating pounds per ton shall be completed as specified in the approved monitoring programs.
(iii) For each potline, particulate data shall be reported as total particulates and percentage of fluoride ion contained therein. For other units at a primary aluminum reduction plant, particulate data shall be reported as total particulates.
(iv) Compliance with WAC 173-415-030(2) shall be determined by measurements of emissions from the potline primary emission control system plus measurements of emissions from the potline ((roof))secondary emission control system.
(b) Fluoride emissions: Results of all sampling conducted during the month for fluoride emissions shall be reported in pounds of total fluoride per ton of aluminum produced. Aluminum produced shall be calculated by the method used to determine aluminum production rate in 40 C.F.R. 63.847 (e)(6).
(c) Other emission and ambient air data as specified in the approved monitoring program.
(2) Other data: Each primary aluminum reduction plant shall furnish other data requested by ((the department of)) ecology to evaluate a plant's emission control program.
(3) Change in raw materials or fuel: Any change or series of changes in raw material or fuel which results in a cumulative increase in emissions of sulfur dioxide of five hundred tons per year or more over that stated in the 1979 emissions inventory shall require the submittal of sufficient information to ((the department of)) ecology so that the effect upon ambient concentrations of sulfur dioxide can be determined. ((The department of))Ecology may issue regulatory orders requiring controls to reduce the effect of such increases.
NEW SECTION
WAC 173-415-075Excess emissions.
The applicable provisions of WAC 173-400-107, or 173-400-108 and 173-400-109 shall apply to all sources to which this chapter is applicable.
Note:
WAC 173-400-107 is in effect until the effective date of EPA's removal of the provision from the SIP.