TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 1 TABLE 1 -- REGULATIONS APPROVED STATEWIDE

WAC 173-405 KRAFT PULP MILLS

173-405-012 Statement of Purpose.

These rules are enacted under the provisions of the Washington Clean Air Act as amended (RCW 70.94.395) to:

(1) Assume state jurisdiction over emissions from kraf t pulping mills to provide for the systematic control of air pollution in this industry and for t he proper development of the state's natural resources; and

(2) Establish technically feasible and reasonably attai nable standards and revise such standards as new information and better technology are developed and become available.

State effective: 3/22/91; EPA effective: 9/10/93

173-405-021 Definitions.

The definitions of terms contained in chapter 173-4 00 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly r equired by context, the following words and phrases as used in this chapter shall have the foll owing meanings:

(1) "Kraft mill" means any manufacturing facility whi ch uses an alkaline solution containing sodium hydroxide and/or sodium sulfide, and any oth er 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 equ ivalent to "source."

(2) "Noncondensibles" means gases and vapors from the d igestion and evaporation processes of a mill that are not condensed with the equipment us ed in those processes.

(3) "Recovery furnace stack" means the stack from which the products of combustion from the recovery furnace are emitted to the ambient air.

State effective: 3/22/91; EPA effective: 9/10/93

173-405-040 Emissions Standards.

In addition to the general applicability of chapter s 173-400 and 173-490 WAC to all emissionTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 2

sources; no kraft pulp mill shall cause or permit a ir contaminant emissions in excess of the limits listed below. Specific emission standards listed i n 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 furnac e stack shall not exceed 0.23 grams of particulate per dry cubic meter at standar d conditions (0.10 grains/dscf) corrected to eight percent oxygen averaged over three one hou r tests.

(b) The TRS emissions from each recovery furnace stack constructed before January 1, 1970, and for recovery furnaces that have direct co ntact evaporators, shall not exceed 17.5 ppm corrected to eight percent oxygen for a daily a verage.

(c) The TRS emissions from each recovery furnace constr ucted 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 emissio ns 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 stac k 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 no t exceed eighty ppm expressed as hydrogen sulfide for more than two consecutive hour s in any one day.

(c) The average daily emission of TRS from any lime k iln stack shall not exceed fifty ppm. After January 1, 1985, TRS emissions from eac h lime kiln stack shall not exceed twenty ppm corrected to ten percent oxygen for a da ily average.

(4) Other TRS emissions units. Noncondensibles from digesters, multiple-effect evaporators and condensate stripper system shall at all times b e treated to reduce the emissions of TRS equal to the reduction achieved by thermal oxidation in a li me kiln. A backup treatment system or equivalent approved by ecology must be installed to assure continual treatment.

(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:TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 3

(a) 0.46 grams per dry cubic meter at standard conditio ns (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 conditio ns (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 aft er January 1, 1983.

(c) 0.23 grams per dry cubic meter at standard conditio ns (0.1 grains/dscf) corrected to seven percent oxygen in the case of combustion unit s, for units not classified under (a) or (b) of this subsection.

(6) Opacity. No person shall cause or allow the emissi on 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 an y sixty minute period, except as described in WAC 173-405-040(7).

No person shall cause or allow the emission of a pl ume, from any emissions unit other than a kraft recovery furnace, smelt dissolver tank, or lime kil n, which has an average opacity greater than twenty percent for more than six consecutive minute s in any sixty minute period, except that these provisions do not apply when the emissions occur du e to soot blowing/grate cleaning and the operator can demonstrate that the emissions will no t exceed twenty percent opacity for more than fifteen minutes in any eight consecutive hours. Th e intent of this provision is to permit soot blowing and grate cleaning necessary to the operati on of the boiler facility. This practice, except for testing and trouble shooting, is to be schedule d for the same approximate times each day and ecology shall be advised of the schedule.

There shall be no more than one violation notice is sued in any sixty minute period.

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 plu me to exceed the applicable maximum.

(7) Each mill may petition for, and ecology may establi sh by regulatory order, alternate opacity limits for a specific kraft recovery furnace or lim e kiln, providing:

(a) The mill can demonstrate compliance; with all other applicable emission limits; and

(b) Best practicable operation and maintenance proced ures, as approved by ecology, are continuously employed.

(8) Any person electing to apply for exceptions per t he provisions of WAC 173-405-040(7) shall submit a program acceptable to ecology. The progra m shall include the following information: The amount and concentration of suspended particula te material emitted during best practicable operating procedures, opacity recorded at such emis sion level, the type of equipment andTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 4

procedures which will be used to demonstrate compli ance 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 1 73-405-040(7). After a petition is received, enforcement of the opacity provisions will be staye d until the application is rejected or a new limit

is established.

(10) Operation and maintenance. At all times, including periods of abnormal operation and upset conditions, owners and operators shall, to th e extent practicable, maintain and operate any affected facility, including associated air polluti on 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 resu lts, opacity observations, review of operating and maintenance procedures, and inspection of the s ource.

(11) SO 2

.

(a) The emission of sulfur dioxide from any recovery fu rnace or lime kiln shall not exceed five hundred ppm for an hourly average, corr ected to eight percent oxygen for a recovery furnace or to ten percent oxygen for a lim e kiln.

(b) The emission of sulfur dioxide from any emissions u nit 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) Source testing. To demonstrate compliance with thi s chapter, the provisions of WAC 173-400-105 shall apply to all sources to which thi s chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-405-045 Creditable Stack Height & Dispersion Te chniques.

The provisions of WAC 173-400-200 shall apply to al l sources to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-405-061 More Restrictive Emission Standards.

Ecology may establish more restrictive emission sta ndards for new mills or for mills expandingTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 5

existing facilities pursuant to WAC 173-400-110.

State effective: 3/22/91; EPA effective: 9/10/93

173-405-072 Monitoring Requirements.

Each mill shall conduct routine monitoring of emiss ions in accordance with a program that has been approved by ecology. Results of the monitorin g shall be reported within fifteen days of the

end of each calendar month and shall include data a s follows:

(1) Particulate: The results of particulate measureme nts 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 TR S 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 stand ard.

(b) If equipment for continuous monitoring of opacity i s 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 e ach occurrence in excess of the regulatory order must be reported.

(4) Production: The average daily production of air-dr ied unbleached pulp.

(5) Other data: Each kraft mill shall furnish, upon r equest of ecology, such other pertinent data required to evaluate the mill's emissions or emissi on control program.

State effective: 3/22/91; EPA effective: 9/10/93

173-405-077 Report of Startup, Shutdown, Breakdown or Upset Conditions.

The provisions of WAC 173-400-105(5) shall apply to all sources to which this chapter is applicable.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 6

State effective: 3/22/91; EPA effective: 9/10/93

173-405-078 Emission Inventory.

The provisions of WAC 173-400-105(1) shall apply to all sources to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-405-086 New Source Review (NSR).

The provisions of WAC 173-400-110 shall apply to al l new sources and emissions units to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-405-087 Prevention of Significant Deterioration (PSD).

The provisions of WAC 173-400-141 shall apply to al l new major sources and major modifications to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-405-091 Special Studies.

Ecology may require such additional special studies relevant to process emissions and establish completion dates as it determines necessary.

State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-410 SULFITE PULPING MILLS

WAC 173-410-012 Statement of Purpose.

These rules are enacted under the provisions of the Washington Clean Air Act as amended (RCW 70.94.395) to:TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 7

(1) Assume state jurisdiction over emissions from sulfi te pulping mills to provide for the systematic control of air pollution in this industr y and for the proper development of the state's natural resources; and

(2) Establish technically feasible and reasonably attai nable standards and revise such standards as new information and better technology are develo ped and become available.

State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-410-021 Definitions.

The definitions of terms contained in chapter 173-4 00 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly r equired by context, the following words and phrases as used in this chapter, shall have the fol lowing meanings:

(1) "Acid plant" means the facility in which the cookin g liquor is either manufactured or fortified when not associated with a recovery system.

(2) "Average daily emission" means total weight of an a ir contaminant emitted in each month, divided by the number of days of production that mo nth.

(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) "Recovery system" means the process by which all or part of the cooking chemicals may be recovered, and cooking liquor regenerated from spen t cooking liquor, including evaporation, combustion, dissolving, fortification, storage faci lities, and emission control equipment associated with the recovery cycle.

(6) "Sulfite pulping mill" means any manufacturing fa cility which uses a cooking liquor consisting of sulfurous acid, a sulfite or bisulfit e salt alone or in any combination, with or without additional mechanical refining or delignification t o produce pulp, pulp products or cellulose from wood fibers. For the purposes of this regulation " sulfite pulping mill" is equivalent to "source."

State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-410-040 Emissions Standards.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 8

In addition to the general applicability of chapter s 173-400 and 173-490 WAC to all emission sources; no sulfite pulping mill shall cause or per mit air contaminant emissions in excess of the limits listed below. Specific emission standards l isted in this chapter will take precedence over the general emission standards of chapter 173-400 W AC.

(1) Sulfur dioxide.

(a) The total average daily emissions from a sulfite pu lping mill, or a portion of a sulfite pulping mill which practices incineration of the sp ent 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 sul fite liquor, shall not exceed two grams of sulfur dioxide per kilogram (four pounds per ton) o f air dried, unbleached pulp produced.

(c) The blow system emissions shall not exceed 0.1 gr ams of sulfur dioxide per minute, on a fifteen minute average, per kilogram (0.2 poun ds 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 r ecovery system, a blow system or an acid plant, shall not exceed 1000 ppm of sulfur dio xide, corrected to seven percent oxygen in the case of combustion unit, for any hourly aver age.

(2) Particulate.

(a) Emissions of particulate from recovery systems cons tructed 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 sys tems constructed after January 24, 1972, shall not exceed 0.14 grams per dry cubic met er of exhaust at standard conditions (0.06 grains/dscf) corrected to eight percent oxyge n.

(c) The emission of particulates from emissions units o ther than acid plants or recovery systems shall not exceed the following maximums:

(i) 0.46 grams per dry cubic meter at standard condit ions (0.2 grains/dscf)TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 9 corrected to seven percent oxygen, for units which combust wood and wood residue to produce steam and which commenced constr uction prior to January 1,

1983.

(ii) 0.12 grams per dry cubic meter at standard conditio ns (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 commen ced construction after January 1, 1983.

(iii) 0.23 grams per dry cubic meter at standard condit ions (0.1 grains/dscf) corrected to seven percent oxygen in the case of co mbustion units, for units not classified under (c) (i) or (ii) of this subsection

.

(3) Opacity. No person shall cause or allow the emissi on of a plume from a recovery system or acid plant which has an average opacity greater tha n thirty-five percent, for more than six consecutive minutes in any sixty minute period, exc ept as allowed per RCW 70.94.331 (2)(c).

(4) Operation and maintenance. At all times, including periods of abnormal operations and upset conditions, owners and operators shall, to th e extent practicable, maintain and operate any affected facility, including associated air polluti on 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 resu lts, opacity observations, review of operating and maintenance procedures, and inspection of the s ource.

(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 rest rictive emissions limits than the specific limits set in this chapter (after public involvemen t and hearing), if there is reason to believe that the emission(s) from a source is a cause of public nuis ance 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 t his chapter, the provisions of WAC 173-400-105 shall apply to all sources to which thi s chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-410-045 Creditable Stack Height & Dispersion Techniques.

The provisions of WAC 173-400-200 shall apply to al l sources to which this chapter is applicable.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10

State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-410-062 Monitoring Requirements.

Each mill shall conduct routine monitoring of emiss ions in accordance with a program that has been approved by ecology. Results of monitoring sh all be reported within fifteen days of the end

of each calendar month and shall include data as fo llows:

(1) For the recovery system and acid plant:

(a) The average daily emissions of sulfur dioxide exp ressed as grams SO 2 per kilogram of air dried, unbleached pulp produced and the kilogra ms of SO 2 per day.

(b) Daily average concentration of sulfur dioxide.

(c) The date, time and concentration for each sulfur di oxide 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 fiftee n minute average, per kilogram of air dried, unbleached pulp discharged from the dige ster.

(b) The average daily production of air dried, unblea ched pulp.

(3) Each mill shall furnish, upon request of ecology, s uch other pertinent data required to evaluate the mill's emission control program.

(4) All measurements shall be made in accordance with W AC 173-400-105.

(5) Each mill shall be required to establish a program approved by ecology for continuous opacity monitoring to demonstrate compliance with W AC 173-410-040(3) and to report the results to ecology in a format and on a schedule set by reg ulatory 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 m onitoring equipment is available.

State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-410-067 Report of Startup, Shutdown, Breakd own or Upset Conditions.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11

The provisions of WAC 173-400-105(5) shall apply to all sources to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-410-071 Emission Inventory.

The provisions of WAC 173-400-105(1) shall apply to all sources to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-410-086 New Source Review (NSR).

The provisions of WAC 173-400-110 shall apply to al l new sources and emissions units to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-410-087 Prevention of Significant Deterioration (PSD).

The provisions of WAC 173-400-141 shall apply to al l new major sources and major modifications to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-410-100 Special Studies.

Ecology may require such additional special studies relevant to process emissions and establish completion dates as it finds necessary.

State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-415 PRIMARY ALUMINUM PLANTS

173-415-010 Statement of Purpose.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 12

These rules are enacted under the provisions of the Washington Clean Air Act as amended (RCW 70.94.395) to:

(1) Assume state jurisdiction over emissions from prima ry aluminum reduction plants to provide for the systematic control of air pollution in this industry and for the proper development of the state's natural resources; and

(2) Establish technically feasible and reasonably attai nable standards and revise such standards as new information and better technology are develo ped and become available.

State effective: 3/22/91; EPA effective: 9/10/93

173-415-020 Definitions.

The definitions of terms contained in chapter 173-4 00 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly r equired by context, the following words and phrases as used in this chapter, shall have the fol lowing meanings:

(1) "Fluorides" means compounds of the element fluorine

.

(2) "Forage" means grasses, pasture and other vegetat ion that is normally consumed or is intended to be consumed by livestock.

(3) "Primary aluminum plant" or "primary aluminum reduc tion plant" or "primary aluminum mill" means a plant which produces aluminum metal f rom aluminum oxide (alumina). For the purposes of this regulation "primary aluminum plant " is equivalent to "source."

(4) "Potline primary emission control system" means the equipment and procedures designed to collect and remove contaminants from the exhaust ga ses which are captured at the pot.

State effective: 3/22/91; EPA effective: 9/10/93

173-415-030 Emissions Standards.

In addition to the general applicability of chapter s 173-400 and 173-490 WAC to all emission sources; all primary aluminum plants are required t o meet the emission standards of this chapter. Specific emissions standards listed in this chapter will take precedence over the general emission standards of chapter 173-400 WAC.

(1) Fluoride.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 13

(a) The emission of gaseous and particulate fluorides f or all emissions units within a primary aluminum plant shall be restricted so that the plant's emissions will not cause ambient air and forage standards for fluorides esta blished by chapter 173-481 WAC to be exceeded outside the property controlled by the alu minum plant owner(s) or operator(s).

(b) Each potline primary emission control system shal l be designed so that the control of fluoride emissions will be equivalent to a total fl uoride collection efficiency of: (i) Eighty percent for vertical stud soderberg and side worked prebake pots, (ii) eighty-five percent for horizontal stud soderberg pots, and (iii) ninet y-five percent for center worked prebake pots. A primary emission control system with a des ign removal efficiency of at least ninety-five percent of the fluoride collected is re quired.

(2) Particulate. The total emission of particulate mat ter to the atmosphere from the reduction process (potlines) shall be reduced to the lowest l evel consistent with reasonably available control technology (RACT) for primary aluminum plants. The emission of solid particulate shall not exceed 7.5 grams per kilogram (fifteen pounds per t on) of aluminum produced on a daily basis.

(3) Visible emissions. Visible emissions from any emis sions unit in a primary aluminum plant shall not exceed an average twenty percent opacity for more than six consecutive minutes in any sixty minute period. This provision shall not appl y:

(a) When the presence of uncombined water is the only r eason for the opacity of the plume to exceed twenty percent; or

(b) When an alternate opacity limit has been establishe d under RCW 70.94.331 (2)(c).

(4) Fugitive emissions. Each primary aluminum plant sh all use RACT to prevent fugitive

emissions.

(5) Sulfur dioxide.

(a) Total emissions of sulfur dioxide from all emission s units shall not exceed thirty grams of sulfur dioxide per kilogram of aluminum pr oduced on a monthly average (sixty pounds per ton). Those primary aluminum plants whi ch were in excess of the above sulfur dioxide limit on January 1, 1978, will be al lowed 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 limit s are placed in a regulatory order(s).

(b) In no case shall any plant cause or permit the emis sion of a gas containing sulfur dioxide in excess of one thousand parts per million corrected to dry standard conditions for an hourly average.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 14

(6) Operation and maintenance. At all times, including periods of abnormal operation and upset, owners and operators shall, to the extent pr acticable, maintain an affected facility, and operate and maintain air pollution control equipmen t associated with such facility in a manner consistent with good air pollution control practice . A plant may elect to establish a program, subject to the approval of ecology, for monitoring each potroom in order to demonstrate good operation and maintenance.

(7) Source testing. To demonstrate compliance with thi s chapter, the provisions of WAC 173-400-105 shall apply to all sources to which thi s chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-415-045 Creditable Stack Height & Dispersion Techniques.

The provisions of WAC 173-400-200 shall apply to al l sources to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-415-050 New Source Review (NSR).

The provisions of WAC 173-400-110 shall apply to al l new sources and emissions units to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-415-051 Prevention of Significant Deterioration (PSD).

The provisions of WAC 173-400-141 shall apply to al l new major sources and major modifications to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-415-060 Monitoring and Reporting.

(1) Each primary aluminum plant shall conduct routine m onitoring of emissions, ambient air, and forage in accordance with a program that has been a pproved by ecology. Results of monitoring shall be reported within thirty days of the end of each calendar month and shall include data as

follows:TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 15

(a) Ambient air: Twenty-four hour concentrations of ga seous fluoride in the ambient air expressed in micrograms of hydrogen fluoride per cu bic meter of ambient air.

(b) Forage: Concentrations of fluoride in forage expre ssed in parts per million of fluoride on a dried weight basis.

(c) Particulate emissions: Results of all emission sam pling conducted during the month for particulates, expressed in grains per standard dry cubic foot, in pounds per day, and in pounds per ton of aluminum produced. The method of calculating pounds per ton shall be as specified in the approved monitoring programs. Particulate data shall be reported as total particulates and percentage of fluoride ion c ontained therein.

Compliance with WAC 173-415-030(2) shall be determi ned by measurements of emissions from the potline primary control system p lus measurements of emissions from

the roof monitor.

(d) Fluoride emissions: Results of all sampling conduc ted during the month for fluoride emissions. All results shall be expressed as hydro gen fluoride in parts per million on a volume basis and pounds per day of hydrogen fluorid e.

(e) Other emission and ambient air data as specified in the approved monitoring program.

(2) Other data: For ecology to evaluate a plant's emis sions or emission control program, each primary aluminum plant shall furnish other data req uested by ecology.

(3) Change in raw materials or fuel: Any change or ser ies 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 inventory requ ired by WAC 173-415-080 shall require the submittal of sufficient information to ecology so t hat the effect upon ambient concentrations of sulfur dioxide can be determined. Ecology may issu e regulatory orders requiring controls to

reduce the effect of such increases.

State effective: 3/22/91; EPA effective: 9/10/93

173-415-070 Report of Startup, Shutdown, Breakdown or Upset Con ditions.

The provisions of WAC 173-400-105(5) shall apply to all sources to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 16

173-415-080 Emission Inventory.

The provisions of WAC 173-400-105(1) shall apply to all sources to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-422 MOTOR VEHICLE EMISSION INSPECTION

173-422-010 Purpose.

This chapter implements the Washington Clean Air Ac t, chapter 70.94 RCW, as supplemented by the motor vehicle emission inspection provisions co dified as chapter 70.120 RCW.

Gasoline motor vehicles are the primary emitters of carbon monoxide and emit significant quantities of hydrocarbons and oxides of nitrogen. Diesel motor vehicles are emitters primarily of particulates, hydrocarbons, and oxides of nitrog en. Emission controls required by the federal government are designed to reduce motor vehicle rel ated air pollution. However, the effectiveness of these controls is substantially re duced through deterioration, maladjustment and tampering. Motor vehicle emission inspection serve s to identify high polluting vehicles and vehicles with tampered or missing emission controls and to reduce their emissions, when such reduction can be accomplished at reasonable cost. These rules establish the emission standards, testing procedures, and associated activities neces sary to implement a program of air pollution prevention and control resulting from motor vehicle emission inspections.

State effective: 6/3/93; EPA effective: 9/25/96

173-422-020 Definitions.

Unless a different meaning is clearly indicated by context, the following definitions will apply:

(1) "Appropriate repair" means the diagnosis of the cause(s) of an emission test failure and the repair of one or more of these causes. An appropri ate repair should reduce at least one emission test reading.

(2) "Certificate of acceptance" means an official form, issued by someone authoriz ed by the department, which certifies that the following cond itions have been met:

(a) The vehicle failed an emission inspection; and

(b) The vehicle failed a reinspection; andTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 17

(c) The vehicle has been in use for more than five year s or fifty thousand miles; and

(d) All primary emission control components installed b y the vehicle manufacturer, or its appropriate replacement, are installed and operativ e; and

(e) The recipient has provided original receipts list ing and providing the cost of each appropriate repair performed by an authorized emiss ion specialist between the initial and last inspection; and

(f) The total cost of the appropriate repairs must equa l or exceed:

Pre-1981 vehicles $100 1981 and newer $150

If needed to prevent federal sanctions, the minimum total cost of appropriate repairs required to obtain a certificate of acceptance may be increased to four hundred fifty dollars.

Before increasing the repair cost requirement ecolo gy shall evaluate ways to alleviate the economic hardships resulting from vehicle repair co sts incurred by vehicle owners in an effort to comply with this regulation.

(3) "Certificate of compliance" means an official form, issued by someone authorize d by the department, which certifies that the recipient's ve hicle on inspection complied with applicable emission inspection standards.

(4) "Authorized emission specialist" means an individual who has been issued a certifica te of instruction by the department as authorized in RCW 70.120.020 (2)(a) and has maintained the certification by meeting requirements of WAC 173-42 2-190(2).

(5) "Dealer" means a motor vehicle dealer, as defined in chapter 46.70 RCW as amended, that is licensed pursuant to chapter 46.70 RCW.

(6) "Department" means the department of ecology.

(7) "Emission contributing area" means a land area within whose boundaries are regis tered motor vehicles that contribute significantly to the violation of motor vehicle related air quality standards in a noncompliance area.

(8) "Fleet" means a group of fifteen or more motor vehicles own ed or leased concurrently by one owner assigned a fleet identifier code by the d epartment of licensing.

(9) "Gross vehicle weight rating (GVWR)" means the manufacturer stated gross vehicleTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 18

weight rating.

(10) "Motor vehicle" means any self-propelled vehicle required to be lic ensed pursuant to chapter 46.16 RCW.

(11) "Noncompliance area" means a land area within whose boundaries any air q uality standard for any air contaminant from the emissions of motor vehicles will probably be exceeded.

(12) "PPM" means parts per million by volume.

(13) "Primary emission control components" means the components of the vehicle installed by the manufacturer for the purpose of reducing emi ssions or its replacement or modification which is acceptable to the United States Environmen tal Protection Agency. These components are the fuel inlet restrictor, the catalytic conver ter or thermal reactor, the air injection system components, the thermostatic air cleaner, the exhau st gas recirculation system components, the evaporative emission system components including th e gas cap, the positive crankcase ventilation system components and the electronic control unit c omponents that control the air/fuel mixture and/or ignition timing including all related sensor s.

The primary emission control components of a vehicl e with a different engine than the engine originally installed shall be an Environmental Prot ection Agency certified engine/emission control

combination for that vehicle or its newer model.

State effective: 03/31/95; EPA effective: 9/25/96

173-422-030 Vehicle Emission Inspection Requirement.

All motor vehicles, not specifically exempted by WA C 173-422-170, which are registered or reregistered within the boundaries of an emission c ontributing area, as specified in WAC 173-422-050, are subject to the vehicle emission in spection requirements of this chapter. In addition, the department may require an emission in spection of a motor vehicle, except military tactical vehicles, operated for more than sixty day s a year on a federal installation located within a n emission contributing area, or a vehicle garaged at a location within an emission contributing area, or a vehicle which has previously passed an emissio n inspection but has been identified using on road testing as likely to no longer comply with the inspection standards. Neither the department of licensing nor its agents may change the register ed owner or may issue or renew a motor vehicle license for any vehicle registered in an emission c ontributing area, as that area is established under RCW 70.120.150, unless the application for issuance or renewal is: (1) Accompanied by a valid certificate of compliance issued pursuant to RCW 70 .120.080 or 70.120.170 or a valid certificate of acceptance issued pursuant to RCW 70.120.070; or (2) exempted from this requirement pursuant to RCW 46.16.015(2). The certificates mus t have a date of validation which is within six months of the date of application for the vehic le license, license renewal or registered owner change. However, (a) an emission inspection used t o change the registered owner may also beTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 19

used to renew the current license; (b) an emission inspection used to obtain the current license may also be used to change the registered owner. Certi ficates for fleet or owner tested vehicles may

have a date of validation which is within twelve mo nths of the assigned license renewal date.

State effective: 11/9/96; EPA effective: 6/18/97

173-422-031 Vehicle Emission Inspection Schedules.

(1) Vehicles defined in RCW 46.16.015(2) or WAC 173 -422-170 are exempt from emission inspections. Vehicles five through twenty five year s old, other than state and local government vehicles shall be inspected every other year as des cribed in the table below. This inspection schedule does not apply to vehicles that have alrea dy been issued a certificate of compliance or a certificate of acceptance within twelve months of t he assigned license renewal date.

Year Model Year of Vehicles Needing Inspection.

2002 1978, 1980, 1982, 1984, 1986, 1988, 1990, 199 2, 1994, 1997 2003 1979, 1981, 1983, 1985, 1987, 1989, 1991, 199 3, 1995, 1996, 1998 2004 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994 , 1997, 1999 2005 1981, 1983, 1985, 1987, 1989, 1991, 1993, 199 5, 1996, 1998, 2000 2006 1982, 1984, 1986, 1988, 1990, 1992, 1994, 199 7, 1999, 2001 2007 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996 , 1998, 2000, 2002 2008 1984, 1986, 1988, 1990, 1992, 1994, 1997, 199 9, 2001, 2003 2009 1985, 1987, 1989, 1991, 1993, 1995, 1996, 199 8, 2000, 2002, 2004 2010 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001 , 2003, 2005 2011 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000 , 2002, 2004, 2006
2012 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003 , 2005, 2007

(2) State and local government vehicles five throug h twenty-five years old shall be inspected yearly as described in the table below.

Year Model Year of Vehicles Needing Inspection

2002 1977 through 1997 2003 1978 through 1998 2004 1979 through 1999 2005 1980 through 2000 2006 1981 through 2001 2007 1982 through 2002 2008 1983 through 2003 2009 1984 through 2004 2010 1985 through 2005 2011 1986 through 2006TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 20

2012 1987 through 2007

State effective 12/2/00; EPA effective 06/13/05

173-422-035 Registration Requirements.

(1) Persons residing in emission contributing areas a s defined under WAC 173-422-050 shall register their motor vehicles within that area.

(2) Any person who violates this section shall reregist er their motor vehicle within the emission contributing area, obtain a certificate of complian ce or acceptance within thirty days, and is subject to a civil penalty not to exceed two hundred fifty dollars for each violation.

(3) Any civil penalty imposed by the department hereund er shall be appealable to the pollution control hearings board as provided for in chapter 4 3.21B RCW.

State effective: 3/31/95; EPA effective: 9/25/96

173-422-040 Noncompliance areas.

The Following Areas Are Designated Noncompliance Ar eas For The Air Contaminants Specified:

Carbon Monoxide

(1) The City of Seattle.

(2) The City of Bellevue.

(3) The City of Spokane.

(4) The City of Tacoma.

(5) The City of Vancouver.

(6) The City of Everett.

State effective: 6/3/93; EPA effective: 9/25/96

173-422-050 Emission Contributing Areas.

Emission contributing areas within which the motor vehicle emission inspection program applies are designated by the following United States Posta l Service ZIP codes as of September 1, 1994,TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 21

set forth below:

I. PUGET SOUND REGION

98001 98036 98083

98002 98037 98092

98003 98038 98093

98004 98039 98101 thru 98199 inclusive except 98110

98005 98040 98201 thru 98208

98006 98041 98258

98007 98042 98270

98008 98043 98271

98009 98046 98275

98011 98047 98290

98012 98052 98291

98015 98053 98327

98020 98054 98332

98021 98055 98335

98023 98056 98338

98025 98057 98344

98026 98058 98352

98027 98059 98354

98028 98062 98371 thru 98374

98031 98063 98387

98032 98064 98388

98033 98071 98390

98034 98072 98401 thru 98499

98035 98073TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 22

II. SPOKANE REGION

99001

99005

99014

99016

99019

99021

99025

99027

99037

99201 thru 99299

III. VANCOUVER REGION

98604 except north of N.E. 279th Street

98606

98607

98629 except east of N.E. 50th Avenue

98642

98660 thru 98668

98761 except Skamania County

98682 - 86

State effective: 11/9/96; EPA effective: 6/18/97

173-422-060 Gasoline Vehicle Emission Standards.

Gasoline motor vehicles subject to this chapter sha ll:

(1) When tested using the exhaust emission testing proc edures described in (II) Two Speed Idle Test or (III) Loaded Test of Appendix B Test Proced ures of Subpart S-Inspection/MaintenanceTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 23

Program Requirements of Part 51 of Chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992, meet the applicable exhau st emission standards from the following table during both the idle and higher speed mode pr ior to receiving a certificate of compliance.

(2) When tested using the acceleration simulation mode (ASM) procedure specified in WAC 173-422-070 meet the following standards during tha t mode and the applicable standard from WAC 173-422-060(1) during the idle mode to receive a certificate of compliance. ASM testing will not start in a region until ecology has consid ered all comments on the need for ASM testing obtained at a public hearing held in that region.

Compliance with the NOx standards will not be requi red of vehicles tested in a region until the following conditions are met:

(A) Ecology has determined that a reduction of NOx emis sions in that region will assist in attaining or maintaining the national air quality standard for ozone.

(B) Ecology has considered all comments received at a p ublic hearing held in that region.

(C) For at least twenty-four months prior, the vehicle emission test reports have included the NOx reading.

ASM MODE EXHAUST EMISSION STANDARDS

Model Year Test Weight (lbs.) CO(%).* HC(ppm) NOx( ppm)*

1968-1974 Cars And Trucks (0-8500 Lbs. GVWR)

1750 7.3 690 none

1875 6.8 650

2000 6.5 620

2125 6.1 580

2250 5.8 550

2375 5.5 520

2500 5.2 500

2625 5.0 470

2750 4.7 450

2875 4.5 430

3000 4.3 410

3125 4.2 400

3250 4.0 400

3375 3.9 400

3500 3.7 400TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 24 ASM MODE EXHAUST EMISSION STANDARDS

3625 3.6 400

Cars 3750 & Greater 3.5 400

Trucks 3750 & Greater 4.0 500

1975-1980 Cars and Trucks (0-8500 lbs. GVWR)

1750 4.2 400 none

1875 4.0 380

2000 3.8 350

2125 3.6 340

2250 3.4 320

2375 3.2 300

2500 3.0 290

2625 2.9 270

2750 2.8 260

2875 2.7 250

3000 2.6 240

3125 2.5 230

3250 2.4 220

3375 2.3 220

3500 2.2 210

3625 2.1 200
cars 3750 & greater 2.1 200

trucks 3750 & greater 2.5 300

1981 & Newer Cars and Trucks (0-8500 Lbs. GVWR)

1750 1.8 250 1500

1875 1.7 240 1500

2000 1.6 220 1500

2125 1.5 210 1500

2250 1.5 200 1500

2375 1.4 190 1500

2500 1.3 180 1500

2625 1.3 180 1500

2750 1.2 170 1500

2875 1.2 160 1500TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 25 ASM MODE EXHAUST EMISSION STANDARDS

3000 1.1 160 1500

3125 1.1 150 1500

3250 1.0 150 1500

3375 1.0 150 1500

3500 1.0 150 1500

3625 1.0 150 1500

Cars 3750 & Greater 1.0 150 1500

Trucks 3750 & Greater 1.5 200 2000

** The concentration of the gases, carbon monoxide ( CO) and hydrocarbons (HC), oxides of nitrogen (NOx) measured as either a percentage (%) or parts per million (ppm) of the exhaust

volume

(3) If a 1971 or newer model year vehicle, the gasoline filler cap must not leak more than 60 cubic centimeters per minute at a pressure of 30 in ches of water. Gas cap checking will not start in a region until ecology has considered all commen ts on the need for gas cap checking obtained at a public hearing held in that region.

(4) If a 1996 or newer model vehicle is equipped with a n Environmental Protection Agency certified on-board diagnostic (OBD) system, the inf ormation stored in the on-board computer must

indicate that all emission-related functional check s have been completed and no malfunctions

detected.

EXHAUST EMISSION STANDARDS

Model Year CO (%) HC (ppm)*

68-74 6.0 900

75-80 3.0 600

81-99 (0-8500 GVWR) 1.2 220

81-99 (Greater than 8500 GVWR) 3.0 400

** The concentration of the gases, carbon monoxide (CO) and hydrocarbons (HC), measured as either a percentage (%) or parts per m illion (ppm) of the exhaust volume

State effective: 11/9/96; EPA effective: 6/18/97TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 26

173-422-065 Diesel Vehicle Exhaust Emission Standards.

Diesel motor vehicles subject to this chapter shall meet the following opacity standards using the test procedures specified in WAC 173-422-075.

Model Year Opacity (%)

1968 - 1973 70

1974 - 1991 60

1992 and later 40

State effective: 3/31/95; EPA effective: 9/25/96

173-422-070 Gasoline Vehicle Exhaust Emission Testing Procedure s.

All persons certified by, or under contract to, the department to conduct motor vehicle emission inspections shall use the exhaust emission testing procedures described in (II) Two Speed Idle Test; or (III) Loaded Test of Appendix B-Test Proce dures of Subpart S-Inspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992, except that the departmen t may require that the following Acceleration Simulation Mode (ASM) test procedure r eplace the cruise mode of the loaded test. Equivalent procedures may be approved by the depart ment.

Variations to the procedures specified may be estab lished by the department for all or certain vehicles. Vehicles, not repaired as required by an emission recall for which owner notification was attempted after January 1, 1995, shall not be i nspected until compliance with the recall is

established.

Acceleration Simulation Mode (ASM)

1. Dynamometer Load: Set dynamometer horsepower load equal to [Vehicle Weight (lbs). +300]/300. An Environmental Protection Agen cy specified loading may also be

used.

2. Vehicle Gear Selection: Vehicles with automatic t ransmissions use Drive (not Overdrive), vehicles with manual transmissions use second gear unless the engine speed exceeds 2500 revolutions per minute (measured by th e vehicle’s tachometer or by an evaluation of the vehicle’s sound) then use third g ear.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 27

3. Vehicle Speed: Set vehicle speed at 25 miles per h our (mph) 1.5± mph.

4. Pass or Fail Determinations: Once the vehicle has been operating at 25 mph for 15 seconds, begin measuring exhaust HC, CO, CO2, and N Ox each second. The reading for pass or fail determinations is the running average of five measurements. When a final pass or fail determination is made, this mode will be stopped and the final readings

recorded.

5. Fast Pass (HC, CO): When NOx is not measured, the vehicle will pass after 15 or

more seconds of measurements if: Both HC and CO re adings are passing, and three successive one second measurements are equal to or less than the HC and CO standards and are within 20ppm HC and 0.20% CO of each other.

6. Fast Pass (HC, CO, NOx): When NOx is measured, the vehicle will pass after 45 or more seconds of measurements if the HC, CO and NOx readings are equal to or less than

the standards.

7. Fast Fail: The vehicle will fail after 15 or more seconds of measurements when: HC reading exceeds 1800 ppm, or the CO reading exceeds 9.0 percent.

8. Full Term Pass/Fail: The vehicle will pass or fail after 90 seconds of measurements unless emission readings are declining at a rate th at indicates that failing vehicle will pass within the next 30 seconds. Then up to an addition al 30 seconds of measurements will be

taken before the vehicle fails.

State effective: 11/9/96; EPA effective: 6/18/97

173-422-075 Diesel Vehicle Inspection Procedure.

Diesel vehicles shall be tested using the following procedure:

(1) With the transmission in neutral, move the accelera tor pedal from normal idle as rapidly as possible to the full power position, and hold in th is position until the speed governor limits the engine speed or the engine might exceed the maximum speed allowed by the vehicle manufacturer.

(2) Fully release the accelerator pedal so the engine d ecelerates to normal idle.

(3) Measure the smoke opacity with an opacity meter whi ch meets the requirements specified in WAC 173-422-095 continuously during the test.

(4) Record the peak opacity reading.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 28

(5) Repeat the previous steps up to ten times if necess ary to obtain a peak opacity reading and two peak readings immediately following it that are equal to or less than the standard established in

WAC 173-422-065.

State effective: 3/11/94; EPA effective: 9/25/96

173-422-090 Exhaust Gas Analyzer Specifications.

Only exhaust gas analyzers meeting the specificatio ns contained in (I) Steady-State Exhaust Analysis System of Appendix D-Steady-State Short Te st Equipment of Subpart S-Inspection/Maintenance Program Requirements of Pa rt 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992, at th e time of certification testing may be used for certification testing, unless equivalent specificat ions have been approved by the department.

State effective: 3/31/95; EPA effective: 9/25/96

WAC 173-422-095 Exhaust Opacity Testing Equipment.

The exhaust opacity measurement shall be conducted using an opacity meter approved by the department. The opacity meter shall:

(1) Automatically calibrates itself before each test.

(2) Provide for continuous measurement of exhaust opac ity unaffected by rain or wind.

State effective: 3/11/94; EPA effective: 9/25/96

173-422-100 Testing Equipment Maintenance and Calibration.

(1) Unless alternative procedures have been approved or required by the department all equipment used in the inspection shall be calibrate d and maintained according to the manufacturer's specifications and recommendations. Complete logs as approved by the department shall be kept for maintenance, repair, a nd calibration.

(2) The procedures for equipment maintenance and calibr ation procedures described in (I) Steady-State Test Equipment of Appendix A-Calibrati ons, Adjustments and Quality Control of Subpart S-Inspection/Maintenance Program Requiremen ts of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 199 2, shall be followed by all testing facilities unless equivalent procedures have been approved by the department.

State effective: 3/31/95; EPA effective: 9/25/96TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 29

173-422-120 Quality Assurance.

The department, or its designee, may monitor the op eration of each authorized emission inspection/certification facility with unidentified or unannounced and unscheduled inspections to

check the calibration and maintenance of the exhaus t analyzers, test procedures, and records.

The department (or its designee) may immediately re quire the suspension of vehicle inspections/certifications in all or part by the in spection/certification facility if violations of th is chapter are found during an audit of the inspection facility.

State effective: 3/31/94; EPA effective: 9/25/96

173-422-130 Inspection Fees.

At an inspection facility operated under contract t o the state, the fee for the first emission inspection on each vehicle applicable to a vehicle license year shall be twelve or less dollars. If the vehicle fails, one reinspection will be provide d free of charge at any inspection station operated under contract to the state, provided that the rein spection is applicable to the same vehicle license year. Any additional reinspection of a failed vehi cle applicable to the same vehicle license year will require the payment of twelve or less dollars.

State effective: 3/11/94; EPA effective: 9/25/96

173-422-145 Fraudulent Certificates of Compliance/Acceptance.

(1) (a) Obtaining or attempting to obtain a certificate o f compliance by (i) providing false information or (ii) any fraudulent means; or

(b) Obtaining or attempting to obtain a certificate o f acceptance (i) through the use of receipts or other documentation containing false in formation, or (ii) any fraudulent means

shall be construed as a violation of these rules im plementing chapter 70.94 RCW as supplemented by chapter 70.120 RCW.

(2) Any person who commits such violation or who aids or abets another in committing the same shall be subject to a civil penalty not to exceed t wo hundred fifty dollars for each violation.

(3) For the purposes of this section the term "expended " refers to the net actual cost to the vehicle owner in the purchase of repairs or parts derived a fter the amount of any rebate, discount orTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 30

cash-return has been subtracted.

(4) Any civil penalty imposed by the department hereund er shall be appealable to the pollution control hearing board as provided for in chapter 43 .21B RCW.

State effective: 4/6/90; EPA effective: 9/25/96

173-422-160 Fleet and Diesel Owner Vehicle Testing Requirements

.

The department may authorize emission inspections b y fleet operators including government agencies and the owners of diesel motor vehicles wi th a gross vehicle weight rating in excess of 8500 pounds or by an automotive service or testing facility engaged by the vehicle owner for such activity. Authorizations to conduct emission tests and issue certificates of compliance under this

section are limited to authorized fleet vehicles or diesel vehicles with a gross vehicle weight rating in excess of 8500 pounds.

(1) All persons engaged in testing of gasoline fleet or diesel vehicles must comply with all applicable provisions of this chapter except as app roved by the department.

(2) All persons conducting tests for the purpose of i ssuing certificates for fleet or diesel vehicles shall be ecology authorized emission specialists.

(3) Legibly completed forms will constitute certificate s of compliance for licensing purposes. Any person conducting testing under this section sh all forward to the department within ten working days after the end of each month, a copy of each certificate of compliance issued during that month. Copies of each certificate of complian ce shall be retained by the person issuing the certificate for at least two years from date of iss uance. Alternative arrangements for providing and or storing this information using automated dat a storage devices may be approved or required by the department.

Forms must be purchased from the department in adva nce of issuance through payment of twelve or less dollars to the department for each certific ate requested. Refunds or credit may be given for unused certificates returned to the department.

Payment for fleet forms is waived for state and loc al government fleets.

Test forms provided under this section are official documents. Persons receiving the forms from the department are accountable for each form provid ed.

Voided forms must be handled the same as certificat es of compliance. One copy shall be sent to the department within ten days after the end of the month in which the form was voided and one copy shall be retained by the person accountable fo r the forms for at least two years after date of voiding. Refunds will not be made for voided forms

.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 31

(4) All persons authorized to conduct fleet or governme nt vehicle inspections under this section shall be subject to performance audits and complian ce inspections by the department, during

normal business hours.

(5) Fleet vehicles may be inspected any time between th eir scheduled license renewals.

(6) Certificates of acceptance may not be issued under this section.

State effective: 03/31/95; EPA effective: 9/25/96

WAC 173-422-170 Exemptions.

The following motor vehicles are exempt from the in spection requirement:

(1) Vehicles proportionally registered pursuant to chapter 46.85 RCW.

(2) New motor vehicles whose equitable or legal tit le has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale; this does not exempt motor

vehicles that are or have been leased.

(3) Motor vehicles that use propulsion units powere d exclusively by electricity.

(4) Motor-driven cycles as defined in chapter 46.04 RCW as amended.

(5) Farm vehicles as defined in chapter 46.04 RCW a s amended.

(6) Vehicles not required to be licensed.

(7) Mopeds as defined in chapter 46.04 RCW as amend ed.

(8) Vehicles garaged and operated out of the emissi on contributing area.

(9) Vehicles registered with the state but not for highway use.

(10) Used vehicles at the time of sale by a Washing ton licensed motor vehicle dealer.

(11) Motor vehicles fueled by propane, compressed n atural gas, or liquid petroleum gas and so registered by the department of licensing.

(12) Motor vehicles whose manufacturer or engine ma nufacturer provides information that the

vehicle cannot meet emission standards because of i ts design. In lieu of exempting these vehicles, alternative standards and or inspection p rocedures may be established.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 32

(13) Motor vehicles whose registered ownership is b eing transferred between parents, siblings, grandparents, grandchildren, spouse or present co-o wners and all transfers to the legal owner or a public agency.

(14) Vehicles less than five years old.

(15) Vehicles more than twenty-five years old.

State effective 12/2/00; EPA effective 6/13/2005

173-422-175 Fraudulent Exemptions.

(1) Obtaining or attempting to obtain an exemption fr om emission inspection requirements by false statements, or failure to comply with the exe mption procedures established to implement WAC 173-422-170, shall be construed as a violation of these rules implementing chapter 70.94 RCW as supplemented by chapter 70.120 RCW.

(2) Any person who commits such violation or who aids o r abets another in committing the same shall be subject to a civil penalty not to exceed t wo hundred fifty dollars for each violation.

(3) Any civil penalty imposed by the department hereund er shall be appealable to the pollution control board as provided for in chapter 43.21B RCW

.

State effective: 1/2/84; EPA effective: 9/25/96

173-422-190 Emission Specialist Authorization.

(1) To become an authorized emission specialist an in dividual shall:

(a) Pass a course of study, approved by the department; and

(b) Agree in writing to meet the requirements of subsec tion (2) of this section and all requirements of law or regulation regarding the ser ving of motor vehicle emission control systems or the motor vehicle emission inspection pr ogram.

(2) To maintain certification, an authorized emission s pecialist shall:TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 33

(a) Successfully complete a department-approved course on emission repair within ninety days of being required to do so by the depar tment unless an extension has been granted in writing by the department; and

(b) Sign, including the specialist identification numbe r, all receipts and other forms required by the department for emission repairs or adjustments performed. These receipts must be prenumbered, preprinted with the business's name and address and clearly itemize all appropriate repairs performed by the specialist ; and

(c) Record on all receipts:

(i) The vehicle's emission readings after appropriate r epairs; and

(ii) A vehicle description including the license number and vehicle identification number (VIN); and

(iii) Any missing or inoperative primary emission control components; and

(iv) Any further recommended appropriate repairs; and

(d) Not tamper with emission control systems, including adjusting an engine outside of the manufacturer's specifications (chapter 173-421 WAC); and

(e) Not obtain or attempt to obtain a certificate of c ompliance, a certificate of acceptance (repair waiver) or an exemption from the inspection requirements by providing false information or by any fraudulent means (chapter 173 -422 WAC); and

(f) Not aid or abet any individual in committing a viol ation of chapter 173-421 or

173-422 WAC.

(3) The certification of an authorized emission special ist may be revoked for a first violation of chapter 173-421 WAC or WAC 173-422-145, for a perio d of no more than one year, and may be permanently revoked for a second violation of chapt er 173-421 or 173-422 WAC.

The certification of an authorized emission special ist may be temporarily revoked for violation of subsection (2) of this section and may be permanent ly revoked for continued willful violation of subsection (2) of this section.

An authorized emission specialist whose certificati on is revoked permanently or temporarily may appeal to the pollution control hearings board as p rovided for in RCW 43.21B.310.

(4) An authorized emission specialist whose certifica tion has been temporarily revoked may reapply for certification twelve months after the d ate of revocation by applying to the department and meeting all requirements of subsection (1) of t his section. An application for certification byTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 34

a permanently revoked authorized emission specialis t will be denied.

State effective: 11/9/96; EPA effective: 6/18/97

173-422-195 Listing of Authorized Emission Specialists.

(1) A list of authorized emission specialists will be a vailable to the public. Specialists will be listed under one employer's business name when the business is approved for listing. The list will be updated by the department at least once every si x months.

(2) The employer's business name and address will be li sted by the department, when the employer agrees in writing to:

(a) Require the use of a properly maintained and correc tly calibrated exhaust analyzer as a final check for emission repairs or adjustments;

(b) Have all emission repairs or adjustments performe d by an authorized emission specialist;

(c) Require the authorized emission specialist to sign the customer's receipt for emission repairs or adjustments, and to record the vehicle's emission readings on the receipt after the work is completed;

(d) Require that all employees not aid or abet any pers on to tamper with emission control systems, including adjusting a vehicle outside of t he manufacturer's specifications (chapter 173-421 WAC); and

(e) Require that all employees not aid or abet any pers on to obtain a fraudulent certificate of compliance, certificate of acceptance or an exem ption from the inspection requirement (repair waiver) (chapter 173-422 WAC ).

(f) Notify the department when an authorized emission s pecialist begins or ends employment.

(3) An employer may be removed from the authorized emis sion specialist list for a first violation of chapter 173-421 or 173-422 WAC for a period of n o more than one year and may be permanently removed after a second violation of cha pter 173-421 or 173-422 WAC.

An employer may be temporarily removed from the aut horized emission specialist list when failing to comply with the requirements of subsecti on (2) of this section and may be permanently

revoked for continued and willful violation of subs ection (2) of this section.

(4) An employer who has been temporarily removed from t he authorized emission specialist listTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 35

may reapply for listing twelve months after the dat e of removal from the listing by applying to the department and meeting all requirements of subsecti on (2) of this section. An application for listing from an employer permanently removed from t he authorized emission specialist list will be

denied.

(5) An employer who is removed from an authorized emiss ion specialist list or denied listing in an authorized emission specialist list may appeal t o the pollution control hearings board as provided for in RCW 43.21B.310.

(6) (a) An employer approved for listing may display the "s tate authorized emission specialist" sign available from the department. An y employer advertising or providing of information to the public based on the department's certification of an authorized emission specialist must be discontinued immediately when th e employer no longer meets the requirements.

(b) An employer violating (a) of this subsection shall be subject to a civil penalty not to exceed two hundred fifty dollars for each violation

.

(c) A civil penalty imposed by the department may be ap pealed to the pollution control hearings board as provided for in RCW 43.21B.310.

State effective: 3/31/95; EPA effective: 9/25/96

WAC 173-425 OPEN BURNING

173-425-010 Purpose.

This chapter promulgated under chapter 70.94 RCW, t he Washington Clean Air Act, authorizes the department of ecology (ecology) to implement th e provisions of that act. This rule establishes controls for open burning in the state in order to:

(1) Minimize the impact of emissions from open burnin g:

(2) Establish rules and procedures by which open burn ing may be conducted;

(3) Encourage the development and specify the use of alternate methods of disposal of

combustible waste materials.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-020 Applicability.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 36

This chapter applies to open burning in all of the state, except to:

(1) Burning of field and turf grasses grown for seed ( governed by chapter 173-430 WAC).

(2) Open burning within the boundaries of any activated air pollution control authority, where that authority is enforcing its own controls for op en burning. Those controls shall not be less stringent than the requirements in this chapter.

(3) Open burning for activities subject to the permit issuing authority of the department of natural resources, as established in RCW 70.94.660.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-030 Definitions.

The definitions of terms contained in chapter 173-4 00 WAC are incorporated by reference. Unless a different meaning is clearly required by c ontext, the following words and phrases as used in this chapter shall have the following meanings:

(1) “Agricultural open burning” means open burning conducted as part of any agricu ltural operation; including field fires over one-half acre but not including non-commercial yard and gardening activities connected with a residence.

(2) “Commercial open burning” means open burning conducted as part of any “nonagricultural” commercial or business operation, including land clearing when the land is cleared to change the use of the cleared land.

(3) “Episode” means a period when a forecast, alert warning, or emergency air pollution stage is declared, as defined in chapter 173-435-WAC.

(4) “Forced air pit destructor” means a unit consisting of a combustion pit and air blower designed to establish a curtain of high velocity ai r above the fire, so that the products of combustion are controlled by the air curtain before being emitted to the atmosphere.

(5) "Impaired air quality" means a condition declared by ecology or an authori ty whenever:

(a) Meteorological conditions are conducive to an accum ulation of air contamination

concurrent with:

(i) Total suspended particulate at an ambient level o f one hundred twenty-five micrograms per cubic meter measured on a twenty-fou r-hour average; orTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 37 (ii) Particulate that is ten micron and smaller in dia meter (PM10) at an ambient level of ninety micrograms per cubic meter measured on a twenty-four-hour

average; or

(iii) Carbon monoxide at an ambient level of eight parts of contaminant per million parts of air by volume (ppm) measured on an eight-hour average; or

(b) Air quality reaches other limits established by eco logy or an authority.

(5) "Land clearing” means removing structures, trees, shrubbery, or oth er natural vegetation from a plot of land.

(6) No burn area means an area designated by ecology as an area exc eeding or threatening to exceed a state ambient air quality standard

.

(7) Open burning means the combustion of material in an open fire or in any outdoor device which is not approved as an incinerator. Open burn ing means the same as open fire or outdoor burning.

(8) Small fire means a fire not more than four feet in diameter or more than three feet high.

(9) Silvicultural operation means the growing of trees for commercial or recreational use, including preparing the land, planting, growing, an d harvesting of trees.

(10) Treated wood means wood of any species that has been chemically impregnated, coated, painted, or similarly modified.

(11) Wood waste residue means residue of a natural character such as trees, stumps, shrubbery, or other natural vegetation arising from land clearing projects.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-036 Curtailment During Episodes or Impaired Air Quality.

(1) No open fire shall be ignited:

(a) Whenever ecology has declared an air pollution epi sode for the geographical area pursuant to chapter 173-435-WAC; or

(b) Whenever ecology or an authority has declared imp aired air quality for the geographical area.

(2) A person responsible for an open fire at the time an episode or impaired air quality is declaredTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 38

shall extinguish that fire. Open fires conducted u nder the auspices of the department of natural resources for the purpose of burning forest slash p ursuant to RCW 70.94-660 through 70.94.700 are to be extinguished by withholding new fuel and allowing the fire to burn down.

(3) Smoke visible from a small fire after a time period of three hours has elapsed from the time of declaration of the episode or impaired air quality shall constitute prima facie evidence of unlawful open burning.

(4) Smoke visible from a fire other than a small fire after a time period of ten hours has elapsed from the time of declaration of the episode or impa ired air quality shall constitute prima facie evidence of unlawful open burning.

(5) Ecology, air authorities, health departments, fir e departments, or local police forces having jurisdiction in the area may enforce compliance wit h the above open burning curtailment rules.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-045 Prohibited Materials

Except as provided in WAC 173-425-055, the followin g materials shall not be burned in any open

fire:

(1) Garbage;

(2) Dead animals;

(3) Asphaltic products;

(4) Waste petroleum products;

(5) Paints;

(6) Rubber products;

(7) Plastics;

(8) Treated Wood;

(9) Any substance, other than natural vegetation, which normally emits dense smoke or

obnoxious odors.

State effective: 1/3/89; EPA effective: 1/15/93TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 39

173-425-055 Exceptions.

Exceptions to this chapter shall be made only as fo llows:

(1) When ordered by a duly authorized health officer a nd when authorized by ecology, the

carcasses of diseased animals and other infested ma terial may be burned, as required, to keep the infestation from spreading.

(2) When ordered by a fire protection agency and when a uthorized by ecology, fires to dispose of materials presenting a danger to life, property, or public welfare may be burned, if no approved practical alternate method of disposal is available

.

(3) When approved by ecology or an authority, fires aut horized by a fire protection agency as necessary for training may be burned.

(4) When approved by ecology or an authority, fires set as part of a defined research project may

be burned.

(5) The following fires may be burned:

(a) Fires set for recreational, religious ceremony, f ood preparation, or social purposes;

(b) Small fires set for hand-warming purposes.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-065 Residential Open Burning.

(1) The premises of a residence include the real prop erty immediately adjacent to the residence which is owned by the same person who owns the resi dence, and which is not devoted to agricultural use, other than yard and gardening act ivities connected with the residence.

(2) Small fires on the premises of a residence may be allowed to dispose of wood, paper, and natural vegetation, if;

(a) The wood and paper cannot be recycled and no feasib le method of disposal is available;

(b) The burning will not violate any regulations of a local fire protection agency authorized to issue burning permits, or any local, county, or city ordinance or resolution;

andTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 40

(c) Reasonable precautions are taken to prevent parti culate emissions when paper is being

burned.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-075 Commercial Open Burning.

(1) No commercial open burning shall be conducted witho ut authorization from ecology or the authority. Open burning shall be authorized only i f:

(a) The applicant shows that no approved practical alte rnate method of disposal is reasonably available; and

(b) The applicant shows that burning, as requested, i s reasonably necessary to successfully carry out the enterprise the applicant is engaged in; and

(c) The burning will not violate any regulations of a local fire protection agency authorized to issue burning permits or any local, c ounty, or city ordinance or resolution;

and

(d) For commercial land clearing projects, refer to W AC 173-425-115.

(2) Considering population concentration and local cond itions affecting air quality, ecology or the authority shall condition permits issued under this chapter. Permits shall be conditioned to minimize air pollution but are not limited to restr icting the permissible hours of burning, restrictin g the size of fires, imposing requirements for good c ombustion practice, restricting burning to specified wind conditions or prohibiting all burnin g within areas having a general population density of one thousand or more persons per square mile.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-085 Agricultural Open Burning.

(1) Except as provided in subsection (2) of this sectio n, agricultural open burning shall not be conducted without a permit from ecology or the auth ority. Permits shall be issued only if:

(a) The applicant shows that burning, as requested, i s reasonably necessary to successfully carry out the enterprise the applicant is engaged in;

(b) The burning will not violate any regulations of a l ocal fire protection agency authorized to issue burning permits or any local, c ounty, or city ordinance or resolution; and,TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 41

(c) The burning is necessary to control disease or in sect infestation, and other measures are not available; or

(d) The burning is necessary to develop physiological conditions conducive to increased crop yield, and other measures are not available.

In making a determination under (c) or (d) of this subsection, ecology will consult the county extension agent.

(2) Agricultural open burning may be conducted withou t a permit if:

(a) None of subsection (1) of this section would be vio lated by the burning;

(b) The burning will not violate any regulations of a local fire protection agency authorized to issue burning permits or any local, c ounty, or city ordinance or resolution;

and

(c) The fire covers one acre or less and the burning is done to destroy harmful weeds or crop residue along fence rows, ditches, or in culti vated fields.

(3) Considering population concentration and local co nditions affecting air quality, ecology or the authority shall condition permits issued under this chapter. Permits shall be conditioned to minimize air pollution. Conditions may include but are not limited to restricting the permissible hours of burning, restricting the size of fires, im posing requirements for good combustion practice, restricting burning to specified wind conditions or prohibiting all burning within areas having a general population density of one thousand or more persons square mile.

State effective: 10/18/90; effective: 1/15/93

173-425-095 No Burn Area Designation.

(1) Ecology shall designate as no burn areas those geog raphic areas where ambient air quality standards for particulate matter, as set forth in W AC 173-470-100, are being exceeded or are threatened to be exceeded. These designations shal l be based on monitoring data gathered with monitoring equipment meeting EPA siting criteria.

(2) Ecology shall not designate “no burn” areas withi n the boundaries of any activated air pollution control authority, unless data exist to s upport that designation and the authority, after being notified, refused to make such a designation.

(3) The designation of any area as a “no burn” area by ecology or an authority shall be made by rule-making procedure and only after public hearing

.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 42

(4) Open burning shall not be conducted in any designat ed “no burn” area.

(5) A list of any “no burn” areas will be kept on file at ecology or the authority that has jurisdiction over the area(s).

State effective: 10/18/90; EPA effective: 1/15/93

173-425-100 Delegation of Agricultural Open Burning Program.

(1) When ecology finds that any county, which is outsid e the jurisdictional boundaries of an activated air pollution control authority, is capab le of administering the permit program of WAC 173-425-085 and desires to do so, ecology may deleg ate the administration and authority of the program to the county.

(2) This delegation may be withdrawn if ecology finds t hat the county is not effectively administering and enforcing the permit program. Be fore withdrawing delegation, ecology shall give the county a chance to correct permit program deficiencies.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-115 Land Clearing Projects.

(1) To further the policies of this chapter and polic ies expressed in RCW 70.94.745, ecology has determined that alternate technology and methods ex ist for disposing of wood waste residue resulting from highway right of way land clearing p rojects or commercial land clearing projects which generate five hundred or more tons of wood wa ste residue (two thousand or more cubic yards). Further, these methods and technology are considered less harmful to the environment than open burning. These alternates are to be cons idered reasonably economical when the cost of disposal is nine hundred dollars or less per acre.

(2) These alternate methods and technology are:

(a) Chipping, with chips disposed of commercially or by on-site dispersal, haul to landfill, or other approved methods.

(b) Hauling for disposal elsewhere, such as landfill, c ommercial use, or other approved

methods.

(c) On-site disposal in landfill.

(d) On or off-site disposal by a waste combustion metho d capable of complying with theTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 43

emission standards set forth in WAC 173-425-115(3).

(e) Combustion, using a forced air pit destructor cap able of complying with the emission standards set forth in WAC 173-425-115(3)

(3) As a result of the determination made in WAC 173-42 5-115(1) for disposing of wood waste residue that results from highway right of way land clearing projects which generate five hundred or more tons of wood waste residue (two thousand or more cubic yards) or from commercial land clearing projects which generate five hundred or mo re tons of wood waste residue (two thousand or more cubic yards):

(a) For on-site disposal no person shall cause or per mit the emission, for more than 3 minutes in any one hour, of an air contaminant from any disposal method covered by WAC 173-425-115(2)(d) and (e) which, at the emission po int or within a reasonable distance from the emission point, exceeds twenty percent opa city, except as follows:

(i) The emission may exceed twenty percent opacity fo r the first fifteen minutes after a startup, for not more than two startups eve ry twenty-four hours.

(ii) When the person responsible for the source can show that the emission over twenty-percent opacity will not exceed fifteen minu tes in any eight consecutive hours after startup.

(b) No person shall cause or permit the emission of par ticulate matter from any source, which then becomes deposited beyond the property di rectly controlled by the owner or operator of the source in sufficient quantity to in terfere unreasonably with using and enjoying the property where the material was deposi ted. (WAC 173-400-040(2))

(c) No person shall cause or permit the emission of any air contaminant or water vapor from any source, including any air contaminant whos e emission is not otherwise prohibited by this regulation, if the air contaminant or water vapor harms the health, safety, or welfare of any person or damages property or business. (WA C 173-400-040(5)).

(4) The alternates listed in WAC 173 -425-115(2) are to be considered reasonably economical for the projects described in WAC 173-425-115(3) when the alternates can be provided without undue delay in the project without costing more tha n nine hundred dollars per acre.

If the requirement to use an alternate will cause a delay of sixty days or more in completing a project, then the alternate will not be required. Any delay shorter than sixty days will be evaluated on a case-by-case basis.

If the cost of disposing of the wood waste residue is greater than nine hundred dollars per acre, then the alternate will not be required. The cost of clearing and grubbing will not be considered as part of the cost of disposal, unless certain additi onal costs are required to use the alternate, such asTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 44

the cost of building a road which would not otherwi se be required.

(5) Use of an alternate must comply with all other appl icable statutes, regulations, ordinances, and/or resolutions of state or local government.

(6) The requirements for owner(s) or operator(s) of the source to comply with opacity standards per WAC 173-425-115(3)(a) may be waived. Open burn ing may then be authorized by ecology or the authority, as appropriate, if the owner or o perator of the source shows that:

(a) A delay will result from using the alternates, ca using an economic or other hardship;

(b) Other legal requirements may be violated;

(c) A bid cannot be obtained for disposal using an al ternate described in WAC 173-425-115, at a cost of nine hundred dollars per acre or less; or

(d) The wood waste residue to be disposed of from the land clearing project is less than five hundred tons (two thousand cubic yards)

(7) Ecology or the authority may charge a fee to cove r administrative costs of processing the waiver request.

(8) When an alternate is to be used at any site for s ix or more months, the requirements of WAC 173-400-110 (notice of construction) shall be met.

(9) In this chapter, land clearing projects located c lose to one another and burned near the same time, which appear to be a single project, shall be presumed to be one project.

(10) In this chapter, normal clearing and grubbing do not include any activity or action related to using alternate methods and technology listed WAC 1 73-425-115(2).

(11) In this chapter, one cubic yard of wood waste res idue equals five hundred pounds.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-120 Department of Natural Resources Smoke M anagement Plan.

The department of natural resources has the respons ibility for issuing and regulating burning permits for open fire in areas protected by the dep artment of natural resources, when such fires are

for:

(1) Abating a forest fire hazard;TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 45

(2) Preventing a fire hazard in a forested area;

(3) Instructing public officials in methods of forest f ire fighting;

(4) Any silvicultural operation to improve the forest l ands of the state.

Fires set for these purposes must be conducted acco rding to the provisions of the smoke management plan administered by the department of n atural resources in agreement with ecology and other involved agencies.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-130 Notice of Violation.

Ecology or an authority may issue a notice of viola tion to the person responsible for the fire when:

(1) Conditions of a permit issued under this chapter ar e violated;

(2) Any open fire is ignited or, if ignited, is not e xtinguished, when a condition of impaired air quality or any air pollution episode stage has been declared;

(3) An open fire is ignited where, under this chapter , such fires are prohibited or where a permit is required and no such permit has been obtained;

(4) Prohibited materials are burned in an open fire.

Procedures for notices of violation shall follow RC W 70.94.332.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-140 Remedies.

Any violation of this chapter may be subject to any penalty or other ecology action stated in chapter 70.94 RCW.

State effective: 10/18/90; EPA effective: 1/15/93TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 46

WAC 173-430 BURNING OF FIELD AND FORAGE AND TURF GR ASSES GROWN

FOR SEED

173-430-010 Purpose.

(1) This chapter, promulgated under chapter 70.94 RCW, as amended, is to assume state jurisdiction over and to control emissions from the burning of field and forage, and turf grasses grown for seed and for the proper development of th e state’s natural resources.

(2) Authority to enforce all provision of this regula tion, including establishing permit conditions and issuing permits, is delegated to and shall be c arried out by all activated air pollution control authorities or ecology for those areas not under th e jurisdiction of an authority.

(3) The purpose of this chapter is to:

(a) Minimize adverse effects on air quality from the op en burning of field and forage, and turf grasses grown for seed;

(b) Provide for implementation of a research program to explore and identify economical and practical alternative agricultural practices to the open burning of field and forage, and turf grasses grown for seed;

(c) Provide for interim regulation of such burning unti l practical alternatives are found.

State effective: 10/18/90; EPA effective: 1/15/93

173-430-020 Definitions.

The definitions of terms contained in chapter 173-4 00 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly r equired by context, the following words and phrases as used in this chapter, shall have the fol lowing meanings:

(1) Field and forage grasses: Canarygrass, bromegrass, oatgrass, timothy, wheatgrass, and orchardgrass, planted to produce seed.

(2) Straw: All material, other than seed, removed by s wathing, combining, or cutting.

(3) Tear-out: Any operation that destroys the existing crop and prepares the area for next year’s planting.

(4) Turf grasses: All blue grasses, fescues, bentgrass , perennial ryegrass, planted to produce

seed.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 47

State effective: 10/18/90; EPA effective: 1/15/93

173-430-030 Permits, Conditions, and Restrictions.

(1) No open burning of field or forage grasses, on turf grasses shall be undertaken unless a permit has been obtained from ecology or an authority, as appropriate. The issuance, denial, or conditioning of permits shall be governed by consid eration of air quality conditions in the area affected by the proposed burning, the time of year, meteorological conditions, the size and duration of the proposed burning activity, the amou nt of straw removal required, the applicant’s need to carry out such burning and the public’s int erest in the environment. Permits will be conditioned to minimize air pollution interest in t he environment. Permits will be conditioned to minimize air pollution. Until approved alternative s become available, ecology or the authority may limit the number of acres on a pro rata basis, among those affected for which permits to burn

will be issued in order to control emissions.

(2) Burning of acreage not previously under permit ma y be banned or subject to more restrictive conditions. Burning of field and forage grasses ma y be restricted and other measures may be required to minimize air pollution.

Permits issued before 1978 will establish a permit history for the applicant. This permit will apply to an applicant and not to specific parcels o f land and is established only for the maximum amount of acreage included in any permit issued bef ore 1978. Land transferred to a spouse, son, or daughter, will retain a permit history as establ ished by the original applicant.

Any permit denial or restriction may first be appli ed to applicants without a permit history and to amounts of acreage not included in an applicant’s p ermit history.

Applicants who received permits before 1978 may be given priority for burning the amount of acreage cited in the permit history.

(3) Open burning of field and forage grasses shall be prohibited. However, a permit using restrictions or conditions, may be issued to burn f ield and forage grasses for disease, pest, or weed control, if such need is certified by a county agen t or other agricultural authority; or if such grass es were planted as part of a soil erosion control plan approved by a conservation district.

(4) Open burning of all grasses scheduled for tear-ou t shall be prohibited unless a permit specifically allows such burning.

(5) Practical alternative production methods and dise ase controls which would reduce or eliminate open burning shall be used when reasonabl y available. These methods and controls shall be used regardless of specific provisions of the compliance program described in this section.

State effective: 10/18/90; EPA effective: 1/15/93TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 48

173-430-040 Mobile Field Burners.

Mobile field burners, and other methods of incinera tion not classified as open burning, shall not be prohibited by the restrictions in WAC 173-430-030: Provided, that emissions do not exceed the following standards:

(1) Visible emissions shall not exceed an opacity of 20 percent for more than three minutes in any one hour;

(2) Particulate emissions shall not exceed 0.1 grains p er standard dry cubic foot of exhaust gas, corrected to seven percent oxygen.

State effective: 10/18/90; EPA effective: 1/15/93

173-430-050 Other Approvals.

A person applying for a permit under this chapter i s still required to obtain permits, licenses, or approvals required by any other laws, regulations, or ordinances.

State effective: 10/18/90; EPA effective: 1/15/93

173-430-060 Study of Alternatives.

Ecology shall conduct, cause to be conducted, or ap prove of a study or studies to explore and identify economical and practical alternative pract ices to open burning of field and forage, and turf grasses. To conduct any such study, ecology may co ntract with public or private entities. Any approved study shall provide for the identification of such alternatives as soon as possible. Ecology shall annually review the progress of such studies, review provisions of this regulation and available alternatives to open burning and dete rmine if continuing open burning of field and forage, and turf grasses is justified.

State effective: 10/18/90; EPA effective: 1/15/93

173-430-070 Fees.

(1) To support the study or studies described in WAC 173-430-060, ecology or an authority shall collect a fee of fifty cents per acre of crop to be burned before any permit is issued under WAC

173-430-030. This fee shall be submitted with indi vidual permit applications.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 49

(2) When a permit is granted to burn fewer acres than r equested in the permit application, ecology or the authority shall refund to the permit applicant the unused part of the permit fee.

(3) No part of the permit fee will be refunded if a gro wer decides to burn fewer acres than the permit allows.

(4) After granting any permit and making any refund req uired under WAC 173-430-070(2), the authority shall transfer the permit fee to ecology.

(5) Ecology shall deposit all permit fees in a special grass seed burning research account in the general fund.

(6) Ecology shall allocate moneys annually from this ac count to support approved studies provided for in WAC 173-430-060, up to the amount a ppropriated to ecology for such purpose.

(7) When ecology concludes that enough reasonably avail able alternative practices to the open burning of field and forage, and turf grasses grown for seed have been developed, and at such time as all costs of any studies have been paid, the gra ss seed burning research account shall be dissolved. Any money remaining in the account shal l revert to the general fund.

State effective: 10/18/90; EPA effective: 1/15/93

173-430-080 Certification of Alternatives.

When enough information on alternative practices to open burning becomes available, ecology shall conduct public hearings to receive testimony from interested parties. If ecology then concludes that any procedure, program, technique, o r device is a practical alternative to the open burning of field and forage and turf grasses grown for seed, ecology shall, by order, approve such alternative. After approval, any alternative that is reasonably available shall be used; and open burning of field and forage, and turf grasses grown for seed shall not be allowed.

State effective: 10/18/90; EPA effective: 1/15/93

WAC 173-433 SOLID FUEL BURNING DEVICE STANDARDS

173-433-010 Purpose.

This chapter, promulgated under chapters 43.21A and 70.94 RCW, establishes the following for solid fuel burning devices: • Emission standards; • Certification standards and procedures;TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 50

• Fuel restrictions; • Operation restrictions during impaired air qualit y burn bans; and • Criteria for prohibiting the use of solid fuel bu rning devices that are not certified.

State effective: 02/23/14; EPA effective: 6/9/14

173-433-020 Applicability.

The provisions of this chapter apply to solid fuel burning devices in all areas of the state of Washington.

State effective: 12/16/87; EPA effective: 1/15/93

173-433-030 Definitions.

The definitions of terms contained in chapter 173-4 00 WAC are incorporated by reference. Unless a different meaning is clearly required by c ontext, the following words and phrases as used in this chapter have the following meanings: (1) "Adequate source of heat" means the ability to maintain seventy degrees Fahrenheit at a point three feet above the floor in all normally in habited areas of a dwelling. (2) "Area at risk for nonattainment" means an area where the three-year average of the annual ninety-eighth percentile of twenty-four hour PM-2.5 levels is greater than twenty-nine micrograms per cubic meter based on monitoring data for 2008-2 010. Ecology processed all statewide data according to methods defined in 40 C.F.R. Part 50 A ppendix N and determined that the following

areas are areas at risk for nonattainment: • Darrington; • Marysville; • Tacoma-Pierce County Nonattainment Area as descri bed in 40 C.F.R. 81.348;

• Yakima. (3) "Certified" means that a woodstove meets emissi on performance standards when tested by an accredited independent laboratory and labeled ac cording to procedures specified by the EPA in "40 C.F.R. 60 Subpart AAA - Standards of Performanc e for Residential Wood Heaters" as amended through July 1, 1990. (4) "Coal-only heater" means an enclosed, coal burn ing appliance capable of and intended for residential space heating, domestic water heating, or indoor cooking, which has all of the following characteristics: (a) An opening for emptying ash which is located ne ar the bottom or the side of the appliance; (b) A system which admits air primarily up and thro ugh the fuel bed; (c) A grate or other similar device for shaking or disturbing the fuel bed or power driven mechanical stoker; and (d) The model is listed by a nationally recognized safety testing laboratory for use of coal only, except for coal ignition purposes.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 51

(5) "EPA" means United States Environmental Protect ion Agency. (6) "Impaired air quality burn ban" means a conditi on where both of the following exist: • Air quality has degraded or will soon degrade as described in WAC 173-433-140; • Ecology or the local air authority restricts soli d fuel burning device emissions to prevent air quality from worsening, or limit the time with poor air quality. Ecology or the local air authority declares impaire d air quality burn bans according to the

criteria in WAC 173-433-140. (7) "Jurisdictional health department" means a city , county, city-county, or district public health department. (8) "Local air authority" means an air pollution co ntrol authority activated under chapter 70.94 RCW that has jurisdiction over the subject source. (9) "Nonaffected pellet stove" means that a pellet stove has an air-to-fuel ratio equal to or greater than 35.0 when tested by an accredited labo ratory in accordance with methods and procedures specified by the EPA in "40 C.F.R. 60 Ap pendix A, REFERENCE METHOD 28A -

MEASUREMENT OF AIR TO FUEL RATIO AND MINIMUM ACHIEV ABLE BURN RATES FOR WOOD-FIRED APPLIANCES" as amended through July 1, 1990. (10) "Prohibit the use" or "prohibition" may includ e requiring disclosure of an uncertified device, removal of an uncertified device, or render ing an uncertified device inoperable. Except as provided in RCW 64.06.020, such prohibition may not include time of sale obligation on the seller or buyer of real estate as part of a real estate tr ansaction. (11) "Retailer" means any person engaged in the sal e of solid fuel burning devices directly to the public. A contractor who sells dwellings with s olid fuel burning devices installed or a mail order outlet which sells solid fuel burning devices directly to the public is considered to be a solid fuel burning device retailer. (12) "Seasoned wood" means wood of any species that has been sufficiently dried so as to contain twenty percent or less moisture by weight. (13) "Solid fuel burning device" (same as solid fue l heating device) means a device that burns wood, coal, or any other nongaseous or nonliquid fu els, and includes any device burning any solid fuel except those prohibited by WAC 173-433-120. Th is also includes devices used for aesthetic or space-heating purposes in a private residence or co mmercial establishment, which has a heat input less than one million British thermal units per hou r. (14) "Treated wood" means wood of any species that has been chemically impregnated, painted, or similarly modified to prevent weatherin g and deterioration. (15) "Woodstove" (same as "wood heater") means an e nclosed solid fuel burning device capable of and intended for residential space heati ng and domestic water heating that meets the following criteria contained in "40 C.F.R. 60 Subpa rt AAA - Standards of Performance for Residential Wood Heaters" as amended through July 1 , 1990: (a) An air-to-fuel ratio in the combustion chamber averaging less than 35.0, as determined by EPA Reference Method 28A; (b) A useable firebox volume of less than twenty cu bic feet; (c) A minimum burn rate less than 5 kg/hr as determ ined by EPA Reference Method 28; (d) A maximum weight of 800 kg, excluding fixtures and devices that are normally sold separately, such as flue pipe, chimney, and masonry components not integral to the appliance. Any combination of parts, typically consisting of b ut not limited to: Doors, legs, flue pipe collars,TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 52

brackets, bolts and other hardware, when manufactur ed for the purpose of being assembled, with or without additional owner supplied parts, into a woodstove, is considered a woodstove.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-100 Emission performance standards.

(1) Woodstoves. Woodstove sales must comply with the requirements of subsection (3) of this section, Solid fuel burning devices. (2) Fireplaces. A person must not advertise to sell, offer to sell , sell, bargain, exchange, or give away a factory built fireplace unless it meets the 1990 EPA standards for woodstoves or equivalent standard that may be established by the state build ing code council by rule. Subsection (3) of this section does not apply to fireplaces, including fac tory built fireplaces, and masonry fireplaces. (3) Solid fuel burning devices. A person must not advertise to sell, offer to sell , sell, bargain, exchange, or give away a solid fuel burning device in Washington unless it has been certified and labeled in accordance with procedures and criteria specified in "40 C.F.R. 60 Subpart AAA -

Standards of Performance for Residential Wood Heate rs" as amended through July 1, 1990, and meets the following particulate air contaminant emi ssion standards and the test methodology of the EPA in effect on January 1, 1991, or an equivalent standard under any test methodology adopted by the EPA subsequent to such date: (a) Two and one-half grams per hour for catalytic w oodstoves; and (b) Four and one-half grams per hour for all other solid fuel burning devices. (c) For purposes of this subsection, "equivalent" m eans the emissions limits specified in this subsection multiplied by a statistically reliable c onversion factor determined by ecology that

relates the emission test results from the methodol ogy established by the EPA prior to May 15, 1991, to the test results from the methodology subs equently adopted by that agency.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-110 Opacity standards.

(1) Statewide opacity standard. (a) A person must not cause or allow emission of a smoke plume from any solid fuel burning device to exceed an average of twenty percent opaci ty for six consecutive minutes in any one-hour period. (b) A local air authority must not adopt or enforce an opacity level for solid fuel burning devices that is more stringent than the statewide s tandard. (2) Test method and procedures. Methods and procedures specified by the EPA in "40 C.F.R. 60 Appendix A reference method 9 - VISUAL DE TERMINATION OF THE OPACITYTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 53

OF EMISSIONS FROM STATIONARY SOURCES" as amended th rough July 1, 1990, must be used to determine compliance with subsection (1) of this section. (3) Enforcement. Smoke visible from a chimney, flue or exhaust duct in excess of the opacity standard constitutes prima facie evidence of unlawf ul operation of an applicable solid fuel burning device. This presumption may be refuted by demonstr ation that the smoke was not caused by an applicable solid fuel burning device. The provision s of this requirement shall: (a) Be enforceable on a complaint basis. (b) Not apply during the starting of a new fire for a period not to exceed twenty minutes in any four-hour period. (4) Education. Any person or retailer providing information on th e operation of solid fuel burning devices, such as brochures, demonstrations, and public education programs, should include information that opacity levels of ten perc ent or less are attainable through proper operation.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-120 Prohibited fuel types.

A person must not cause or allow any of the followi ng materials to be burned in a solid fuel burning device: (1) Garbage; (2) Treated wood; (3) Plastic and plastic products; (4) Rubber products; (5) Animal carcasses; (6) Asphaltic products; (7) Waste petroleum products; (8) Paints and chemicals; or (9) Any substance which normally emits dense smoke or obnoxious odors other than paper to start the fire, properly seasoned fuel wood, or coa l with sulfur content less than 1.0% by weight burned in a coal-only heater.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-130 General emission standards.

In addition to the general applicability of chapter 173-400 WAC to all emission sources; (1) Emissions detrimental to persons or property. N o person shall cause or permit the emission of any air contaminant from an identifiable solid f uel burning device, including any air contaminant whose emission is not otherwise prohibi ted by this chapter, if the air contaminant emission causes detriment to the health, safety, or welfare of a person, plant or animal, or causes damage to property or business.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 54

(2) Odors. Any person who shall cause or allow the generation of any odor from any solid fuel burning device which may interfere with any other p roperty owner's use or enjoyment of his property must use recognized good practice and proc edures to reduce these odors to a reasonable

minimum.

State effective: 10/18/90; EPA effective: 1/15/93

WAC 173-433-140 Criteria for impaired air quality b urn bans.

Ecology or a local air authority may call an impair ed air quality burn ban as follows: (1) Stage 1 impaired air quality burn ban: (a) Ecology or the local air authority may call a s tage 1 impaired air quality burn ban when they predict that the twenty-four hour average of PM-2.5 levels will reach or exceed thirty-five micrograms per cubic meter within forty-eight hours

. (b) Pierce, Snohomish, and Yakima counties each con tain at least one area at risk for nonattainment. In these counties, the local air aut hority may call a stage 1 impaired air quality burn ban when they predict that the twenty-four hour ave rage of PM-2.5 levels will reach or exceed thirty micrograms per cubic meter within seventy-tw o hours. (2) Stage 2 impaired air quality burn ban: (a) Ecology or the local air authority may call a s tage 2 impaired air quality burn ban when all of the following conditions exist: (i) A stage 1 impaired air quality burn ban is alre ady in effect and has not reduced the trend of rising PM-2.5 levels adequately. (ii) The twenty-four hour average of PM-2.5 levels have already reached or exceeded twenty-five micrograms per cubic meter. (iii) Ecology or the local air authority expects th at PM-2.5 levels will remain above twenty-five micrograms per cubic meter for twenty-four hours or more from the time PM-2.5 levels reached the trigger in (a)(ii) of this subsection. (b) Ecology or the local air authority may call a s tage 2 impaired air quality burn ban without calling a stage 1 impaired air quality burn ban whe n all of the following conditions exist: (i) The twenty-four hour average of PM-2.5 levels h ave reached or exceeded twenty-five micrograms per cubic meter. (ii) PM-2.5 levels have risen rapidly. (iii) Ecology or the local air authority predicts t hat the twenty-four hour average of PM-2.5 levels will exceed thirty-five micrograms per cubic meter within twenty-four hours. (iv) Weather conditions alone are highly unlikely t o help decrease PM-2.5 levels sufficiently. (c) Pierce, Snohomish, and Yakima counties each con tain at least one area at risk for nonattainment. In these counties, the local air aut hority may call a stage 2 impaired air quality burn ban without calling a stage 1 impaired air quality burn ban when all of the following conditions

exist: (i) The twenty-four hour average of PM-2.5 levels h ave reached or exceeded twenty-five micrograms per cubic meter. (ii) PM-2.5 levels have risen rapidly.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 55

(iii) The local air authority predicts that the twe nty-four hour average of PM-2.5 levels will reach or exceed thirty micrograms per cubic meter w ithin twenty-four hours. (iv) Weather conditions alone are highly unlikely t o help decrease PM-2.5 levels sufficiently. (3) Ecology or the local air authority may call an impaired air quality burn ban for areas smaller than a county, when and where feasible.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-150 Restrictions on operation of solid fuel burning devices.

(1) Stage 1 impaired air quality burn ban: (a) Except as described in (b) of this subsection, a person must not operate any solid fuel burning device during a stage 1 impaired air qualit y burn ban when all of the following apply: • The solid fuel burning device is located in a res idence or commercial establishment within the geographical area covered by the stage 1 impair ed air quality burn ban.

• The residence or commercial establishment has an adequate source of heat other than a solid fuel burning device. (b) A person meeting all of the conditions in (a) o f this subsection must not operate any solid fuel burning device during a stage 1 impaired air q uality burn ban unless the solid fuel burning device is one of the following: (i) A nonaffected pellet stove; or (ii) A woodstove certified and labeled by the EPA u nder "40 C.F.R. 60 Subpart AAA -

Standards of Performance for Residential Wood Heate rs" as amended through July 1, 1990; or (iii) A woodstove meeting the "Oregon Department of Environmental Quality Phase 2" emissions standards contained in Subsections (2) an d (3) of Section 340-21-115, and certified in accordance with "Oregon Administrative Rules, Chapt er 340, Division 21 - Woodstove

Certification" dated November 1984. (c) Except as allowed by (b) of this subsection, a person already operating a solid fuel burning device when a stage 1 impaired air quality burn ban begins must withhold new solid fuel for the duration of the impaired air quality burn ban. (2) Stage 2 impaired air quality burn ban: (a) A person must not operate any solid fuel burnin g device during a stage 2 impaired air quality burn ban when all of the following apply: • The solid fuel burning device is located in a res idence or commercial establishment within the geographical area covered by the stage 2 impair ed air quality burn ban.

• The residence or commercial establishment has an adequate source of heat other than a solid fuel burning device. (b) A person already operating a solid fuel burning device when a stage 2 impaired air quality burn ban begins must withhold any new solid fuel fo r the duration of the stage 2 impaired air quality burn ban. (3) Air pollution episodes. Ecology may declare air pollution episodes as defi ned in chapter

173-435 WAC. (a) A person must not operate any solid fuel burnin g device during alert, warning, orTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 56

emergency air pollution episodes when all of the fo llowing apply: • The solid fuel burning device is located in a res idence or commercial establishment within the geographical area covered by the air pollution episode.

• The residence or commercial establishment has an adequate source of heat other than a solid fuel burning device. (b) A person already operating a solid fuel burning device when an alert, warning, or emergency air pollution episode begins must withhol d new solid fuel for the duration of the alert, warning, or emergency air pollution episode. (4) The following matrix graphically illustrates th e applicability of different types of solid fuel burning devices to the provisions of subsections (1 ) through (3) of this section:

Impaired Air Quality

Burn Ban Episode

Type of Device First Stage Second Stage Forecast Alert Warning Emergency

Pellet Stove (nonaffected) OK NO OK NO NO NO

EPA Certified

Woodstove OK NO OK NO NO NO

DEQ Phase 2 Woodstove OK NO OK NO NO NO EPA Exempted Device NO NO OK NO NO NO

All Other Devices NO NO OK NO NO NO

NOTES: "OK" indicates that a person may operate the device

"NO" indicates that a person must withhold new fu el from the device

(5) Smoke visible from a chimney, flue or exhaust d uct after three hours has elapsed from the declaration of the episode or impaired air quality burn ban constitutes prima facie evidence of unlawful operation of an applicable solid fuel burn ing device. A person may refute this presumption with a demonstration that the smoke was not caused by a solid fuel burning device. (6) Ecology, local air authorities, health departme nts, fire departments, or local police forces having jurisdiction in the area may enforce complia nce with the air pollution episode or impaired air quality burn ban after three hours has elapsed from the declaration of the air pollution episode or impaired air quality burn ban.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-155 Criteria for prohibiting solid fuel burning devices that are not certified.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 57

(1) After January 1, 2015, and after meeting the re quirements in subsection (3) of this section, ecology or the local air authority may prohibit the use of solid fuel burning devices in a nonattainment area or an area with an approved PM-2 .5 maintenance plan. (2) Except as provided in subsection (3) of this se ction, the prohibition will prohibit the use of solid fuel burning devices that are not certified, even in the absence of an air quality episode or impaired air quality burn ban. (3) Before prohibiting the use of solid fuel burnin g devices as allowed in subsections (1) and (2) of this section, ecology or a local air authori ty must: (a) Allow exemptions from this subsection as descri bed in RCW 70.94.477(2) and 70.94.477(6). (b) Seek input from any city, county, or jurisdicti onal health department affected by the proposal to prohibit the use of solid fuel burning devices. (c) Make the following written findings: (i) The EPA has designated the area nonattainment f or PM-2.5 or has approved a PM-2.5 maintenance plan for the area. (ii) Emissions from solid fuel burning devices in t he area are a major contributing factor for violating the national ambient air quality standard for PM-2.5. (iii) The area has an adequately funded program to assist low-income households to secure an adequate source of heat. (4) When both of the following are true: • The area is in ecology's jurisdiction. • The legislative authority of a city or county for the area formally expresses concerns with the written findings required in subsection (3)(c) of t his section. Ecology will publish all of the following on the ag ency web site: (a) The reasons for prohibiting the use of solid fu el burning devices. (b) The agency's responses to the concerns expresse d by the city or county legislative authority. (5) The responsibility for enforcement of the prohi bition of the use of solid fuel burning devices resides solely with ecology or the local ai r authority. (6) A city, county, or jurisdictional health depart ment serving the area may agree to assist with

enforcement activities. (7) On or after June 7, 2012, and before January 1, 2015, ecology or the local air authority must provide assistance to households using solid fuel b urning devices to reduce the emissions from those devices or change out to a lower emission dev ice. (8) Before the effective date of any prohibition, e cology or the local air authority must provide public education in the area regarding all of the f ollowing: (a) How households can reduce their emissions throu gh cleaner burning practices. (b) The importance of respecting impaired air quali ty burn bans. (c) Opportunities for assistance in obtaining a cle aner device. (9) In an area where the EPA has approved a PM-10 m aintenance plan, ecology or the local air authority may prohibit the use of solid fuel burnin g devices when all of the following are true: (a) The PM-10 maintenance plan contained a prohibit ion on the use of solid fuel burning devices as a contingency measure.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 58

(b) The area has violated the PM-10 national ambien t air quality standard. (c) The emissions from solid fuel burning devices a re a major contributing factor to the violation of the PM-10 national ambient air quality standard.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-434 SOLID WASTE INCINERATOR FACILITIES

WAC 173-434-010 Purpose.

This chapter, promulgated under chapter 70.94 RCW, establishes emissions standards, design requirements, and performance standards for solid w aste incinerator facilities.

State effective: 10/18/90; EPA effective: 1/15/93

WAC 173-434-020 Applicability and compliance.

(1) The provisions of this chapter shall apply stat ewide to all incinerator facilities that:

(a) Are constructed after January 1, 1985, which a re designed to burn twelve or more tons per day of solid waste; or

(b) Were constructed prior to January 1, 1985, but begin to burn twelve or more tons per day of solid waste after January 1, 1985.

(2) This chapter subjects solid waste incinerator facilities to either a primary compliance scheme or an alternate compliance scheme. The requi rements for the primary compliance scheme are contained in WAC 173-434-090, 173-434-130, 173- 434-160, 173-434-170, 173-434-190, 173-434-200, and 173-434-210. The requirements for the alternate compliance scheme are contained in WAC 173-434-110. The alternate complia nce scheme applies to solid waste incinerator facilities that meet the criteria speci fied in WAC 173-434-110 and to solid waste incinerator facilities that opt in to the alternate compliance scheme pursuant to WAC 173-434-110 (3)(b). The primary compliance scheme applies to al l other solid waste incinerator facilities.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-030 Definitions.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 59

The definitions of terms contained in chapter 173-4 00 WAC are incorporated 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) "Incinerator facility" means all of the emissi ons unit(s), including quantifiable fugitive emissions, which are located in one or more contigu ous or adjacent properties, and are under the control of the same person(s), whose activities are principal or ancillary to the incineration of soli d waste. Ancillary activities include, but are not li mited to, solid waste receiving, segregating and processing, solid waste derived fuel receiving and handling, fuel storage and mixing, heat recovery equipment, steam generating equipment, cooling towe rs, emissions control equipment, ash handling, ash storage, and combustion.

(2) "Residence time" means the minimum amount of t ime that a parcel of gas is subject to a given temperature.

(3) "Solid waste" means all putrescible and nonput rescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashe s, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts th ereof, discarded commodities, septage from septic tanks, dangerous waste, refuse derived fuel, solid waste derived fuel, problem wastes, and all materials which are not primary products of pub lic, private, industrial, commercial, mining, and agricultural operations. This definition includes, but is not limited to, all materials that fit the definitions of municipal solid waste in 40 CFR 60, subparts Cb, Ea, Eb, AAAA, or BBBB, as well

as all materials that fit the definitions of commer cial and industrial solid waste in 40 CFR 60, subparts CCCC or DDDD, in effect on July 1, 2003. N otwithstanding the above, solid waste does

not include:

(a) Creosote treated wood at facilities with an or der of approval or Prevention of Significant Deterioration (PSD) permit issued on or after December 1, 2003, for burning such wood, provided that such wood has not been in or re peatedly splashed by marine or brackish

water;

(b) At a Portland cement plant kiln;

(i) Tires; and

(ii) Waste oil that is nonhazardous as defined by WAC 173-303-515, Standards for the management of used oil;

(c) Wood waste; or

(d) Sludge from waste water treatment plants.

(4) "Transmissometer" means a device that measures opacity and conforms to EPA Performance Specification Number 1 in Title 40 Code of Federal Regulations, Part 60, AppendixTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 60

B in effect on July 1, 2003.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-090 Operation and Maintenance Plan.

As part of a condition of approval of the notice of construction, the owner or operator of the incinerator shall develop a plan for the operation and maintenance of all equipment and procedures that can cause or control air pollution. This plan must be approved by ecology or the authority prior to initial startup or testing. Every twenty- four months thereafter, the owner or operator must obtain approval of a new or updated plan to continu e operation. The plan may include operating parameters, maintenance procedures and operation pe rsonnel training requirements and procedures to assure that the source will comply wi th all applicable rules, resolutions, regulations, safety practices, and ordinances.

State effective: 10/18/90; EPA effective: 1/15/93

WAC 173-434-110 Standards of performance.

(1) Notwithstanding WAC 173-400-115, the following sections of 40 CFR part 60, subpart Eb, in effect on July 1, 2003, are hereby incorporated by reference with the exceptions in subsection 110(2):

(a) 40 CFR part 60, subpart Eb, subsections 60 .52b (a)(3), (a)(5), (b)(2), (c)(1), and (c)(2);

(b) All the rest of 40 CFR part 60, subpart Eb

.

(2) Exceptions.

(a) The 250 tons per day figures throughout 40 CFR part 60, subpart Eb shall be 12 tons per day;

(b) The terms "municipal solid waste," "munici pal type solid waste," and "MSW" in subpart Eb

shall include all materials that fit the definition of solid waste in this chapter;

(c) 40 CFR part 60, subpart Eb, subsection 60. 50b(j) shall not be incorporated by reference with respect to facilities constructed, reconstruct ed or modified after December 1, 2003;

(d) The November 20, 1997, dates in subsection 60.52b(c) are changed to November 20, 2005.

(3) Except for WAC 173-434-130 (4)(c), the fol lowing sections, WAC 173-434-090,TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 61

173-434-130, 173-434-160, 173-434-170, 173-434-190 and 173-434-200 shall not apply to:

(a) An incinerator facility regulated under th is section; and

(b) An incinerator facility that elects to bec ome subject to this section in an order of approval or other regulatory order from the permitting agency.

(4) The effective date of this section shall b e May 1, 2004.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-130 Emission standards.

In addition to the general applicability of chapter s 173-400 and 173-490 WAC to all emission sources; no incinerator facility shall cause or per mit air contaminant emissions in excess of the limits listed below. Specific emission standards li sted in this chapter will take precedence over the general emission standards of chapter 173-400 WAC.

(1) Particulate.

(a) For incinerator facilities that are capable of burning two hundred fifty or more tons of solid waste per day, emissions from each stack shal l not exceed 0.046 grams of particulate per dry cubic meter at standards conditions (0.020 grains/d scf) corrected to seven percent oxygen for an hourly average.

(b) For incinerator facilities that have a maximum capability of burning less than two hundred fifty tons of solid waste per day, emission s from each stack shall not exceed 0.069 grams of particulate per dry cubic meter at standards con ditions (0.030 grains/dscf) corrected to seven percent oxygen for an hourly average.

(2) Hydrogen chloride. The hydrogen chloride emiss ions from each stack shall not exceed fifty ppm on a volumetric dry basis corrected to se ven percent oxygen for an hourly average, except if the owner or operator demonstrates that u ncontrolled emissions of hydrogen chloride are reduced by at least eighty percent and a procedure acceptable to ecology or the authority for monitoring is developed.

(3) Sulfur dioxide. The sulfur dioxide emissions f rom each stack shall not exceed fifty ppm on a volumetric dry basis corrected to seven percen t oxygen for an hourly average, except if the owner or operator demonstrates that the uncontrolle d emissions of sulfur dioxide are reduced by at least eighty percent and a procedure acceptable to ecology or the authority for monitoring isTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 62

developed.

(4) Opacity.

(a) The opacity as measured visually from any inci nerator stack shall not exceed an average of five percent opacity for more than six c onsecutive minutes in any sixty minute period.

(b) The opacity as measured by a transmissometer s hall not exceed an average of ten percent opacity for more than six consecutive minut es in any sixty minute period.

(c) The opacity as measured visually shall not exc eed an average of zero percent from any emissions unit except incinerator stacks for more t han six consecutive minutes in any sixty minute period.

(5) Fugitive emissions. Each operator or owner sha ll take reasonable precautions to prevent fugitive emissions which includes the paving of all normally traveled roadways within the plant boundary and enclosing or hooding material transfer points.

(6) Source testing. To demonstrate compliance with this chapter, refer to WAC

173-400-105.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-160 Design and operation.

(1) Combustion.

(a) Combustion zone temperature. Whenever solid wa ste is being burned, the temperature

of the final combustion zone shall not be below 982  C (1800  F) for a fifteen minute average nor

below 871  C (1600  F) for any reading.

(b) Combustion zone residence time. The minimum co mbustion chamber temperature must be maintained for at least one second (1.0 sec ond) in a zone after the last over fire air has

entered the combustion chamber. If over fire air is not used, the combustion chamber shall maintain the minimum combustion temperature or grea ter for at least one second with all combustion gases. Procedures for determining the re sidence time shall be a part of the new source

review.

(c) Excess air. The combustion gases leaving the f inal combustion zone must contain at least three percent oxygen measured on a wet basis.

(d) Combustion air distribution and control. The a ir distribution shall be fully controllable where pressurized air is introduced and the air flo w shall be monitored and recorded.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 63

(2) Combustion air. To minimize odor, fugitive emi ssions and to maintain a negative pressure in the tipping area, the combustion air sh all be withdrawn from the tipping area, or shall utilize an equivalent means of odor and fugitive em ission control acceptable to ecology or the authority.

(3) Particulate control device temperature. The in let temperature of the primary particulate

control device shall not exceed 177  C (350  F).

(4) Operation. At all times, the owner or operator shall, to the extent practicable, maintain and operate any incinerator facility, including ass ociated air pollution control equipment, in a manner consistent with good air pollution control p ractice. This may mean that if the emissions limits are being exceeded, no more waste should be fed into the incinerator until the problem is corrected. Determination of whether acceptable oper ating and maintenance procedures are being

used will be based on information available to ecol ogy or the authority which may include, but is not limited to, monitoring and recording results, o pacity observations, review of operating and maintenance procedures, and inspection of the sourc e.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-170 Monitoring and reporting.

The owners or operators of each incinerator facilit y shall conduct routine monitoring of emissions in accordance with a program that has been approved by ecology or the authority. The program must contain quality control and quality assurance procedures.

(1) Monitoring.

(a) The owners or operators shall install, operate , and maintain continuous monitors and recorders for the following:

(i) Opacity;

(ii) Combustion zone temperature;

(iii) Particulate control device temperature;

(iv) Hydrogen chloride and/or sulfur dioxide;

(v) Oxygen;

(vi) Carbon monoxide;TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 64

(vii) Combustion air distribution.

(b) The monitors for sulfur dioxide, carbon monoxi de, and oxygen shall comply with EPA performance specifications and quality assurance an d control criteria in Title 40, Code of Federal Regulations, Part 60, Appendix B and Appendix F res pectively, in effect on July 1, 2003.

(c) The monitor for opacity shall comply with EPA performance specifications and quality assurance and control criteria in Title 40, Code of Federal Regulations, Part 60, Appendix B in effect on July 1, 2003, and EPA-340/1-86-010, Recom mended Quality Assurance Procedure for Opacity Continuous Emission Monitoring Systems.

(2) Reporting. Results of the monitoring shall be reported within fifteen days of the end of each calendar month and shall include but may not b e limited to data such as:

(a) The average daily maximum and the daily maximu m concentration of each monitored pollutant and the daily amount of solid waste burne d.

(b) The date, time, and magnitude of any periods d uring which the standards were exceeded, and what corrective action was or will be taken.

(c) Any period(s) of monitor down time.

(3) Testing. The owners or operators shall conduct emission tests for particulate, sulfur dioxide and hydrogen chloride on a regular basis. T hese tests may be used to determine acceptable operating parameters. Testing shall be at least ann ually for incinerator facilities capable of burning two hundred fifty tons or more of solid waste per d ay and biennially for other facilities.

(4) Other data. Each owner or operator shall furni sh upon request by ecology or the authority, other data required to evaluate the inci nerator's emissions or emissions control program.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-190 Changes in operation.

(1) If a startup, shutdown, breakdown, or upset con dition occurs which could result in an emissions violation or a violation of an ambient air quality standard, the owner or operator of the source shall take the following actions as applicable:

(a) For a planned condition, such as a startup or shutdown, the condition shall be reported to ecology or the authority not less than twenty-fo ur hours in advance of its occurrence. For incinerator facilities that normally operate for le ss than twenty-four hours per day, this provisionTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 65

may be waived provided that daily startup and shutd own procedures are developed that are acceptable to ecology or the authority.

(b) For unplanned conditions, such as a breakdown or upset, the condition shall be reported to ecology or the authority as soon as pos sible, but no later than the end of the next business day.

(2) If, upon reviewing the available informat ion, ecology or the authority determines that continued operation of any emissions unit is likely to cause a significant risk to the public, it may

order an immediate shutdown of the emissions unit.

(3) Upon request ecology or the authority, th e owner or operator of the source shall submit a full written report including known causes of any infraction, the corrective actions taken, and the preventive measures to be taken to minimize or elim inate the chance of recurrence.

(4) Compliance with the requirement of WAC 17 3-434-100 does not relieve the owner or operator of the source from the responsibility to m aintain continuous compliance with all the requirements of chapter 173-434 WAC nor from the re sulting liabilities for failure to comply.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-200 Emission inventory.

The owner or operator of any solid waste incinerato r shall submit an inventory of emissions that complies with WAC 173-400-105. The inventory shall include but may not be limited to stack and fugitive emissions of particulate matter, PM-10, su lfur dioxide, nitrogen oxides, carbon monoxide, volatile organic compounds, hydrogen chloride, and other contaminants as requested by ecology or the authority or as required by federal emission s reporting requirements.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-210 Special studies.

Ecology or the authority may require such additiona l special studies relevant to process emissions and establish completion dates as it determines nec essary. These special studies may include the requirement to conduct studies of dioxin emissions and control measures.

State effective: 10/18/90; EPA effective: 1/15/93TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 66

WAC 173-435 EMERGENCY EPISODE PLAN

173-435-010 Purpose.

These rules implement chapter 70.94 RCW, the Washin gton State Clean Air Act.

Air pollution episodes occur under meteorological c onditions that reduce the effective volume of

air into which air contaminants are introduced. Wh en these conditions occur, there is a possible danger that normal operations at air contaminant so urces will be detrimental to public health and safety. The avoidance of high contaminant concentr ations reaching significant harm levels during an episode requires a plan which will provid e for rapid short-term emission reduction. This chapter sets up such an episode avoidance plan

.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-015 Significant Harm Levels

Significant harm levels are reached when any one of the following pollutant concentrations are

measured:

(1) Sulfur dioxide - 2,620 μ g/m 3 (1.0 ppm), 24-hour average.

(2) PM-10 - 600 micrograms/cubic meter, 24-hour average

.

(3) Carbon monoxide - 57.5 mg/m 3 (50 ppm), 8-hour average, 86.3 mg/m 3 (75 ppm) 4-hour average, 144 mg/m 3 (125 ppm) 1-hour average.

(4) Ozone - 1,200 μ g/m 3 (0.6 ppm) - 2-hour average.

(5) Nitrogen dioxide - 3,750 μ g/m 3 (2.0 ppm) 1-hour average, 938 μ g/m 3 (0.5 ppm) 24-hour

average.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-020 Definitions.

Unless a different meaning is clearly required by c ontext, words and phrases used in this chapter shall have the following meanings, general terms co mmon with other chapters as defined in chapter 173-403 WAC, and terms specific to the emer gency episode plan as defined below.

(1) "Air quality control region" means an area designated as an air quality control region by the federal environmental protection agency.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 67

(2) "Episode stage" means a prescribed level of air contaminants or met eorological conditions where certain control actions are required to preve nt ambient pollutant concentrations from reaching levels which could cause significant harm to the health of persons.

(3) "Emergency action center" means the headquarters for all department actions d uring an episode stage.

(4) "Hour" means a 60 minute period, beginning and ending on a clock hour.

(5) "8 hours" means any consecutive 8 hours, starting at any cloc k hour.

(6) "Major source" means any source which is estimated to emit at an a nnual rate of twenty-five tons per year or more of SO 2 , particulates, or carbon monoxide.

(7) "Source emission reduction plan (SERP)" means a plan developed for an individual air pollution source and approved by the director, whic h sets forth the actions to be taken at that source upon the declaration of various stages of an episode.

(8) “24 hours" means any consecutive 24 hours, starting at any clo ck hour.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-030 Episode Stage Criteria.

The declaration of episode stages shall be in accor dance with the following criteria:

(1) Stage: "First or forecast" - the forecast stage indicates the presence of mete orological

conditions conducive to the accumulation of air con taminants. A forecast stage may be declared when an air stagnation advisory is issued by the na tional weather service or there is equivalent indication of stagnant atmospheric conditions and c onditions are forecast to persist for 24 hours. Declaration of this stage will activate increased a ir quality surveillance.

(2) Stage: "Second or alert" - the alert stage is that concentration of polluta nts at which control actions are to begin. An alert will be declared wh en any one of the following levels is reached:

(a) SO 2 - 800 μ g/m 3 (0.3 ppm), 24-hour average.

(b) PM-10 - 350 μ g/m 3 , 24-hour average.

(c) CO - 17 mg/m 3 (15 ppm), 8-hour average.

(d) Oxidant (O 3 ) - 400 μ g/m 3 (0.2 ppm) - 1-hour average.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 68

(e) NO 2 - 1130 μ g/m 3 (0.6 ppm) 1-hour average, 282 μ g/m 3 (0.15 ppm) 24-hour average; and meteorological conditions are such that the pol lutant concentrations can be expected to

remain at or above the alert levels for 12 or more hours or can be expected to recur within

24 hours unless control actions are taken.

(3) Stage: "Third or warning" - the warning stage indicates that air quality is continuing to degrade and that additional control actions are nec essary. A warning will be declared when any one of the following levels is reached:

(a) SO 2 - 1,600 μ g/m 3 (0.6 ppm), 24-hour average.

(b) PM-10 - 420 μ g/m 3 , 24-hour average.

(c) CO - 34 mg/m 3 (30 ppm), 8-hour average.

(d) Oxidant (O 3 ) - 800 μ g/m 3 (0.4 ppm), 1-hour average.

(e) NO 2 - 2,260 μ g/m 3 (1.2 ppm), 1-hour average; 565 μ g/m 3 (0.3 ppm), 24-hour average; and meteorological conditions are such that polluta nt concentrations can be expected to remain at or above the warning levels for 12 or mor e hours or can be expected to recur

within 24 hours unless control actions are taken.

(4) Stage: "Fourth or emergency" - the emergency stage indicates that air quality is continuing to degrade toward a level of significant harm to the health of persons and that the most stringent control actions are necessary. An emerge ncy will be declared when any one of the following levels is reached at any monitoring site:

(a) SO 2 - 2,100 μ g/m 3 (0.8 ppm), 24-hour average.

(b) PM-10 - 500 μ g/m 3 , 24-hour average.

(c) CO - 46 mg/m 3 (40 ppm), 8-hour average.

(d) Oxidant (O 3 ) - 1,200 μ g/m 3 , (0.6 ppm), 1-hour average.

(e) NO 2 - 3,000 μ g/m 3 (1.6 ppm), 1-hour average; 750 μ g/m 3 (0.4 ppm), 24-hour average; and meteorological conditions are such that this co ndition can be expected to remain at or above emergency levels for 12 or more hours, or can be expected to recur within 24 hours.

(5) Stage: "Termination" - once declared, any stage reached by applying the se criteria will

remain in effect until the criteria for that level are no longer met. At that time, the next lower stage will be declared. When conditions improve to where the criteria are no longer met for any episode stage, the episode will be terminated.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 69

State effective: 1/3/89; EPA effective: 1/15/93

173-435-040 Source Emission Reduction Plans.

(1) Any person responsible for the operation of a maj or source, when requested in writing by the director, shall prepare, in consultation with the d epartment, a source emission reduction plan (SERP). This SERP shall be consistent with good in dustrial practice and safe operating procedures for reducing the emissions of air contam inants into the ambient air during periods of air pollution alert, warning, and emergency.

(2) SERPs shall be in writing and shall show the sour ce of air contamination, describe the manner

in which the reduction of air contaminant emissions will be achieved during periods of air pollution alert, warning, and emergency, and give t he amount of reduction for each stage.

(3) During periods of air pollution alert, warning, or emergency, SERPs shall be made available, on the premises of sources required under this sect ion to have them, to any person authorized to enforce the provisions of this episode avoidance pl an.

(4) SERPs shall be submitted to the director within 30 days after receipt of a request thereof.

(5) SERPs shall be reviewed and approved by the directo r. If, in the opinion of the director, and SERP does not, in whole or in part, provide for sat isfactory emission reduction during an episode, the director may disapprove such SERP, give the rea son for disapproval, and require the resubmittal of same within a specified time period.

If within the time period specified, the person res ponsible fails to submit a SERP satisfactory to the director, the director may revise the SERP to cause it to meet episode avoidance objectives. This revised plan will then be the SERP for the source t o which it applies.

(6) SERPs may be amended after submission to the direct or of a revised SERP. This revised SERP will be processed in the same manner as the or iginally submitted SERP.

(7) An emission reduction plan for the purpose of reduc ing motor vehicle emissions during episode stages, will be developed or approved by th e department. These plans may include actions to be taken by other governmental units, ci tizens, and businesses.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-050 Action Procedures.

(1) Whenever applicable criteria are met, the directo r may declare and terminate the forecast,TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 70

alert, and warning stages of an episode. This decl aration shall constitute an order for action in accordance with applicable SERPs.

(2) No open fires shall be ignited during any stage of an episode. Any person responsible for an open fire already ignited shall extinguish that fir e when informed that an episode has been declared. Open fires conducted under the auspices of the department of natural resources for the purpose of burning forest slash pursuant to RCW 70. 94.660 through 70.94.700 are to be extinguished by withholding new fuel and allowing t he fire to burn down.

(3) Whenever applicable criteria are met, the governor may declare and terminate the emergency stage of an episode. This declaration shall consti tute an order for action in accordance with applicable SERPs.

(4) Adverse air quality need not be region-wide for any episode stage to be declared. Action procedures may be taken for any area affected or li kely to be affected by episode conditions. The declaration of any episode stage shall specify the area to which it applies.

(5) The broadest publicity practicable shall be given t o the declaration of any episode stage. Such declaration shall, as soon as possible, be dir ectly communicated to all persons responsible for the carrying out of SERPs within the affected area.

(6) Regardless of whether any episode stages have previ ously been declared, whenever the governor finds that emissions are causing imminent danger to public health or safety, the governor may declare an air pollution emergency and order th e persons responsible for the operation of sources causing the danger, to reduce or discontinu e emissions consistent with good operating practice, safe operating procedures, and SERPs, if any.

(7) Whenever an episode stage is declared on the basis of contaminant levels of carbon monoxide, oxidant, or nitrogen dioxide, the directo r shall take such action as may be required to

reduce emissions from motor vehicles. These action s may include, but are not limited to, the rerouting or detouring of traffic. Actions to be t aken by cities and businesses will be established and implemented according to plans developed by the m and approved by the department. These plans must meet criteria for emission reduction est ablished by the department.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-060 Enforcement.

(1) Whenever any episode stage has been declared, the department shall establish an emergency action center, which shall be the headquarters for all department actions during the episode.

(2) The department shall develop an operations manual , which shall set forth a plan for the receipt, processing, and dissemination of informati on and data during an episode.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 71

(3) Enforcement with respect to any episode shall be di rected from the emergency action center by the director in consultation with the governor's office.

(4) Authorized personnel of the department, the departm ent of social and health services, and the state police shall have the authority to enforce or ders of the director or the governor, issued under this chapter, as directed from the emergency action center. In addition, authorized personnel of any local air pollution control agency or local pol ice force shall have the authority to enforce such orders against sources within the area over which t hat agency or police force has jurisdiction, as directed from the emergency action center.

(5) To determine compliance with any SERP, those person s authorized to enforce orders, hereunder, shall have the authority to enter upon a ny private or public property, excepting nonmultiple unit private dwellings, housing two fam ilies or less. No person shall refuse entry or access to enforcement personnel who request entry a nd present appropriate credentials.

(6) Whenever it appears that action being taken in com pliance with SERPs will not avert imminent danger to public health and safety, the go vernor may order the following additional

measures:

(a) Stopping and prohibiting motor vehicle travel and traffic;

(b) Closing down or restricting the use of any business , commercial, industrial or other establishment or activity which contributes to the emission of contaminants to the air.

(7) Any declaration or order issued in accordance with WAC 173-435-050 shall be effective immediately and shall not be stayed, pending comple tion of review.

(8) Whenever any order has been issued hereunder, the attorney general, upon the request of the governor or authorized representative, or the direc tor shall petition the superior court of the county in which a source is located for a temporary restra ining order for the immediate reduction or

discontinuance of emissions from that source.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-070 Sampling Sites, Equipment and Methods.

(1) Data from all stations shall be considered when det ermining episode conditions. The department shall specify PM-10 monitoring stations to be operated continuously during any episode stage for episode management purposes. Sta tions from which episode declarations are

based must be located in such a manner that the are a represented by that station and the sources contributing to the episode condition can reasonabl y be determined and corrective actions taken.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 72

(2) Sampling and analysis will be done by federal refer ence or federal equivalent methods; except the department may approve other sampling an d analysis methods for PM-10 if reasonable site specific equivalency with the federal referenc e method has been demonstrated. This equivalency must be reestablished biennially.

State effective: 1/3/89; EPA effective: 1/15/93

Chapter 173-476 WAC AMBIENT AIR QUALITY STANDARDS

WAC 173-476-010 Purpose.

This chapter establishes maximum acceptable levels in the ambient air for particulate matter, lead, sulfur dioxide, nitrogen oxides, ozon e, and carbon monoxide.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-020 Applicability.

(1) The provisions of this chapter apply to all are as of the state of Washington. (2) All federal regulations referenced in this reg ulation are adopted as they exist on August
3, 2013.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-030 Definitions.

Definitions in chapter 173-400 WAC apply to this ch apter. Definitions specific to this chapter include:

"FEM" or "Federal Equivalent Method" means an EPA designated ambient air quality sampling and analysis method that has been designat ed as an equivalent method according to 40

C.F.R. Part 53. It does not include a method for wh ich an equivalent method designation has been canceled according to 40 C.F.R. 53.11 or 53.16.

"FRM" or "Federal Reference Method" means an EPA designated ambient air quality sampling and analysis method specified in an append ix to 40 C.F.R. Part 50, or a method that has been designated as a reference method according to 40 C.F.R. Part 53. It does not include a method for which a reference method designation has been c anceled according to 40 C.F.R. 53.11 or

53.16. "mg/m3" means milligrams per cubic meter.

"Period" means any interval of the specified time.

"PM" means particulate matter. "ppbv" means parts per billion by volume.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 73

"ppmv" means parts per million by volume.

" μ g/m3" means micrograms per cubic meter.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-100 Ambient air quality standard for PM -10.

(1) Standard for PM-10. The twenty-four-hour average concentration of PM-10 in the

ambient air must not exceed 150 μ g/m3 more than one time per year, on a three-year a verage. (2) Measurement method. The levels of PM-10 in the ambient air must be meas ured by: (a) A FRM based on 40 C.F.R. Part 50, Appendix J a nd designated according to 40 C.F.R. Part 53; or (b) A FEM designated according to 40 C.F.R. Part 5 3. (3) Interpretation method. The interpretation method found in 40 C.F.R. Part 5 0, Appendix K must be used.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-110 Ambient air quality standards for P M-2.5.

(1) Standards for PM-2.5. (a) The three-year average of the annual arithmeti c mean concentration of PM-2.5 must not

exceed 12.0 μ g/m3. (b) The three-year average of the ninety-eighth pe rcentile twenty-four-hour average

concentration of PM-2.5 must not exceed 35 μ g/m3. (2) Measurement method. The levels of PM-2.5 in the ambient air must be measured by: (a) A FRM based on 40 C.F.R. Part 50, Appendix L a nd designated according to 40 C.F.R. Part 53; or (b) A FEM designated according to 40 C.F.R. Part 5 3. (3) Interpretation method. The interpretation method found in 40 C.F.R. Part 5 0, Appendix N must be used.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-120 Ambient air quality standard for le ad (Pb).TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 74

(1) Standard for lead. The three-month rolling average concentration of le ad and its compounds in the ambient air must not exceed 0.15 μ g/m3. (2) Measurement method. The levels of lead in the ambient air must be measu red by: (a) A FRM based on 40 C.F.R. Part 50, Appendix G a nd designated according to 40 C.F.R. Part 53; or (b) A FEM designated according to 40 C.F.R. Part 5 3. (3) Interpretation method. The interpretation method found in 40 C.F.R. Part 5 0, Appendix R must be used.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-130 Ambient air quality standards for s ulfur oxides (sulfur dioxide).

(1) Standard for sulfur oxides (measured as sulfur diox ide). (a) Annual. The annual average concentration for s ulfur oxides in the ambient air must not exceed 0.02 ppmv in a calendar year. (b) Twenty-four-hour. The twenty-four-hour average concentration for sulfur oxides in the ambient air must not exceed 0.14 ppmv more than onc e per calendar year. The twenty-four-hour averages must be determined from successive nonover lapping twenty-four-hour blocks starting at midnight each calendar day. (c) Three-hour. The three-hour average concentrati on for sulfur oxides in the ambient air must not exceed 0.5 ppmv more than once per calenda r year. The three-hour averages must be determined from successive nonoverlapping three-hou r blocks starting at midnight each calendar day. (d) One-hour. The three-year average of the annual ninety-ninth percentile of the daily maximum one-hour average concentrations for sulfur oxides in the ambient air must not exceed 75 ppbv. (2) Measurement method. The levels of sulfur oxides must be measured as sul fur dioxide by: (a) A FRM based on 40 C.F.R. Part 50, Appendix A-1 or A-2; or (b) A FEM designated according to 40 C.F.R. Part 5 3. (3) Interpretation methods. (a) The annual arithmetic mean is based on the ave rage of hourly data. To be used in calculating the annual average, the hourly data mus t be at least seventy-five percent complete in each calendar quarter of the year. (b) The interpretation method for the twenty-four- hour average found in 40 C.F.R. Part 50.4(d) must be followed. (c) The interpretation method for the three-hour a verage found in 40 C.F.R. Part 50.5(c)

must be followed. (d) The interpretation method for the one-hour ave rage found in 40 C.F.R. Part 50, Appendix T must be followed.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 75

(4) Rounding of values

. (a) The annual arithmetic mean and twenty-four-hou r averages must be rounded to two decimal places. Fractional parts equal to or greate r than 0.005 ppmv must be rounded up. (b) The three-hour standard averages must be round ed to one decimal place. Fractional parts equal to or greater than 0.05 ppmv must be ro unded up. (5) Sunset provision. The ambient standards in WAC 173-476-130 (1)(a) and (b) are no longer applicable in a specif ic area one year after the effective date of the EPA's designation of attainment status of that area for the standard in WAC 173-476-130 (1)(d)

and 40 C.F.R. 50.17.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-140 Ambient air quality standards for n itrogen oxides (nitrogen dioxide).

(1) Standards for nitrogen oxides (measured as nitrogen dioxide). (a) The annual average concentration for nitrogen oxides in ambient air must not exceed 53 ppbv (100 μ g/m3) measured in the ambient air as nitrogen dioxi de. (b) The three-year average of the ninety-eighth pe rcentile of the daily maximum one-hour average concentration of nitrogen oxides must not e xceed 100 ppbv, as measured in the ambient air as nitrogen dioxide. (2) Measurement method. The levels of nitrogen oxides must be measured as nitrogen dioxide by: (a) A FRM based on 40 C.F.R. Part 50, Appendix F; or (b) A FEM designated according to 40 C.F.R. Part 5 3. (3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, Appendix S must be followed.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-150 Ambient air quality standard for oz one.

(1) Standard for ozone. The three-year average of the annual fourth highest daily maximum eight-hour average concentration of ozone i n the ambient air must not exceed 0.075

ppmv. (2) Measurement method. The levels of ozone in the ambient air must be meas ured by: (a) A FRM based on 40 C.F.R. Part 50, Appendix D a nd designated according to 40 C.F.R. Part 53; or (b) A FEM designated according to 40 C.F.R. Part 5 3. (3) Interpretation method. The interpretation method found in 40 C.F.R. Part 5 0, Appendix P must be followed.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 76

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-160 Ambient air quality standards for c arbon monoxide.

(1) Standards for carbon monoxide. (a) The eight-hour average concentration of carbon monoxide in the ambient air must not exceed 9 ppmv (10 milligrams per cubic meter) more than once per year. (b) The one-hour average concentration of carbon m onoxide in the ambient air must not exceed 35 ppmv (40 milligrams per cubic meter) more than once per year. (2) Measurement method. The levels of carbon monoxide in the ambient air mu st be measured by: (a) A FRM based on 40 C.F.R. Part 50, Appendix C a nd designated according to 40 C.F.R. Part 53; or (b) A FEM designated according to 40 C.F.R. Part 5 3. (3) Interpretation method. An eight-hour average must be considered valid if a t least seventy-five percent of the hourly averages for the eight-hour period are available. In the event that only six (or seven) hourly averages are available, the eight-hour average must be computed on the basis of the hours available using six (or seven) a s the divisor. (4) Rounding of values. When summarizing data for comparison with the stand ards, averages must be stated to one decimal place. Compa rison of the data with the levels of the standards in ppmv must be made in terms of integers with fractional parts of 0.5 or greater rounding up.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-170 Monitor siting criteria.

Ambient monitors must be sited as required in 40 C. F.R. Part 58.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-180 Reference conditions.

(1) All measurements of air quality that are expres sed as mass per unit volume μ g/m3 must

be corrected to: (a) A reference temperature of 25°C; and (b) A reference pressure of 760 millimeters of mer cury (1,013.2TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 77

millibars (hectopascals)). (2) Exception for measurements of PM-2.5 and lead. Measurements of PM-2.5 and lead must be reported based on the actual ambient air vo lume measured at the actual ambient temperature and pressure at the monitoring site dur ing the measurement period.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-900 Table of standards.

Disclaimer: This table is provided as an overview. See complete rule for more detail.

Pollutant Averaging

Time Level Remarks Measureme nt Method Interpretati

on Method

Particle Pollution PM

- 10 24

- hour 150 μ g/m 3 Not to be exceeded more than

once per
year averaged over 3 years 40 C.F.R.

Part 50, Appendix J 40 C.F.R.

Part 50, Appendix K

PM

- 2.5 Annual 12.0 μ g/m 3 Annual

mean, averaged over 3 years 40 C.F.R.

Part 50, Appendix L 40 C.F.R.

Part 50, Appendix N

24

- hour 35 μ g/m 3 98th percentile, averaged over 3 years

Lead Rolling 3-month

average 0.15 μ g/m 3 Not to be exceeded 40 C.F.R.

Part 50, Appendix G 40 C.F.R.

Part 50, Appendix R

Sulfur Dioxide Annual 0.02 ppmv Not to be exceeded in a calendar

year 40 C.F.R.

Part 50, Appendix A or A

- 1 WAC

173-476-130 (3)

24

- hour 0.14 ppmv Not to be exceeded more than

once per yearTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 78

Pollutant Averaging

Time Level Remarks Measureme nt Method Interpretati

on Method

3

- hour 0.5 ppmv Not to be exceeded more than

once per year

1

- hour 75 ppbv 99th percentile of 1-hour daily maximum concentratio ns, averaged over 3 years Nitrogen Dioxide Annual 53 ppbv Annual
Mean 40 C.F.R.

Part 50, Appendix F 40 C.F.R.

Part 50, Appendix S

1

- hour 100 ppbv 98th percentile of 1-hour daily maximum concentratio ns, averaged over 3 years

Ozone 8

- hour 0.075 ppm v Annual fourth-highe st daily maximum 8-hr concentratio n, averaged over 3 years 40 C.F.R.

Part 50, Appendix D 40 C.F.R.

Part 50, Appendix P

Carbon Monoxide 8

- hour 9 ppmv Not to be exceeded more than

once per year 40 C.F.R.

Part 50, Appendix C WAC

173-476-160 (3)

1

- hour 35 ppmv

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-490 EMISSION STANDARDS AND CONTROLS FOR SOU RCES EMITTING

VOLATILE ORGANIC COMPOUNDSTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 79

173-490-010 Policy and Purpose.

(1) It is the policy of the department of ecology (ecol ogy) under the authority vested in it by chapter 43.21A RCW to provide for the systematic co ntrol of air pollution from air contaminant sources and for the proper development of the state 's natural resources.

(2) It is the purpose of this chapter to establish te chnically feasible and reasonably attainable standards for sources emitting volatile organic com pounds (VOCs) and revise such standards as new information and better technology are developed and become available.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-020 Definitions.

The definitions of terms contained in chapter 173-4 00 WAC are by this reference incorporated into this chapter. Unless a different meaning is clearl y required by context, the following words and phrases, as used in this chapter, shall have the fo llowing meanings:

(1) "Bottom loading" means the filling of a tank through a line entering the bottom of the tank.

(2) "Bulk gasoline plant" means a gasoline storage and transfer facility that receives more than ninety percent of its annual gasoline throughput by transport tank, and reloads gasoline into transport tanks.

(3) "Class II hardboard paneling finish" means finishes which meet the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.

(4) "Closed refinery system" means a system that will process or dispose of thos e VOCs collected from another system. The mass quantity o f collected VOCs emitted to the ambient air from the closed refinery system shall not exceed th at required for a disposal system.

(5) "Condensate" means hydrocarbon liquid separated from a gas strea m which condenses due to changes in the temperature or pressure and remai ns liquid at standard conditions.

(6) "Condenser" means a device for cooling a gas stream to a tempe rature where specific VOCs become liquid and are removed.

(7) "Control system" means one or more control devices, including conden sers, that are designed and operated to reduce the quantity of VOC s emitted to the atmosphere.

(8) "Crude oil" means a naturally occurring mixture which consists of hydrocarbons and sulfur, nitrogen or oxygen derivatives of hydrocarbons whic h is a liquid at standard conditions.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 80

(9) "Cutback asphalt" means an asphalt that has been blended with petrole um distillates to reduce the viscosity for ease of handling and lower application temperature. An inverted emulsified asphalt shall be considered a cutback as phalt when the continuous phase of the emulsion is a cutback asphalt.

(10) "Disposal system" means a process or device that reduces the mass qu antity of the VOC that would have been emitted to the ambient air by at least ninety percent prior to their actual

emission.

(11) "Dry cleaning facility" means a facility engaged in the cleaning of fabrics in an essentially nonaqueous solvent by means of one or m ore washes in solvent, extraction of excess solvent by spinning, and drying by tumbling in an a irstream. The facility includes, but is not limited to, any washer, dryer, filter and purificat ion system(s), waste disposal system(s), holding tank(s), pump(s) and attendant piping and valve(s).

(12) "External floating roof" means a storage vessel cover in an open top tank co nsisting of a double deck or pontoon single deck which rests upon and is supported by the liquid being contained and is equipped with a closure seal or se als to close the space between the roof edge and

tank wall.

(13) "Flexographic printing" means the application of words, designs and picture s to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubb er or other elastomeric materials.

(14) "Gasoline" means a petroleum distillate which is a liquid at s tandard conditions and has a true vapor pressure greater than 200 mm of Hg (4 ps ia) at 20  C, and is used as a fuel for internal combustion engines.

(15) "Gasoline dispensing facility" means any site dispensing gasoline into motor vehic le fuel tanks from stationary storage tanks.

(16) "Gasoline loading terminal" means a gasoline transfer facility that receives m ore than ten percent of its annual gasoline throughput solely or in combination by pipeline, ship or barge, and loads gasoline into transport tanks.

(17) "Hardboard" means a panel manufactured primarily from interfelt ed lignocellulosic fibers which are consolidated under heat and pressure in a hot press.

(18) "Hardwood plywood" means plywood whose surface layer is a veneer of ha rdwood.

(19) "Lease custody transfer" means the transfer of produced crude oil or condens ate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of trans portation.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 81

(20) "Liquid-mounted seal" means a primary seal mounted in continuous contact with the liquid between the tank wall and the floating roof.

(21) "Liquid service" means equipment that processes, transfers or conta ins a VOC or VOCs in the liquid phase.

(22) "Low organic solvent coating" refers to coatings which contain less organic solve nt than the conventional coatings used by the industry. Lo w organic solvent coatings include water-borne, higher solids, electrodeposition and p owder coatings.

(23) "Natural finish hardwood plywood panels" means panels whose original grain pattern is enhanced by essentially transparent finishes freque ntly supplemented by fillers and toners.

(24) "Packaging rotogravure printing" means rotogravure printing upon paper, paper board, metal foil, plastic film, and other substrates, whi ch are, in subsequent operations, formed into packaging products and labels for articles to be so ld.

(25) "Petroleum liquids" means crude oil, condensate, and any finished or in termediate products manufactured or extracted in a petroleum r efinery.

(26) "Petroleum refinery" means a facility engaged in producing gasoline, aro matics, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products by distilli ng crude oils or redistilling, cracking, extracting or reforming unfinished petroleum derivatives. Not included are facilities re-refining used motor oils or waste chemicals, processing finished petroleum products, separating blended products, or air blowing asphalt.

(27) "Prime coat" means the first of two or more films of coating ap plied in an operation.

(28) "Printed interior panels" means panels whose grain or natural surface is obs cured by fillers and basecoats upon which a simulated grain or decorative pattern is printed.

(29) "Proper attachment fittings" means hardware for the attachment of gasoline trans fer or vapor collection lines that meet or exceed industri al standards or specifications and the standards of other agencies or institutions responsible for s afety and health.

(30) "Publication rotogravure printing" means rotogravure printing upon paper which is subsequently formed into books, magazines, catalogu es, brochures, directories, newspaper supplements, and other types of printed materials.

(31) "Refinery unit" means a set of components that are a part of a basi c process operation, such as distillation, hydrotreating, cracking or reformi ng of hydrocarbons.

(32) "Roll printing" means the application of words, designs, and pictur es to a substrate usuallyTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 82

by means of a series of hard rubber or steel rolls each with only partial coverage.

(33) "Rotogravure printing" means the application of words, designs, and pictu res to a substrate by means of a roll printing technique whi ch involves intaglio or recessed image areas in

the form of cells.

(34) "Single coat" means only one film of coating is applied to the me tal substrate.

(35) "Submerged fill line" means a pipe, tube, fitting or other hardware for l oading liquids into a tank with either a discharge opening flush with t he tank bottom; or with a discharge opening below the lowest normal operating drawoff level or that level determined by a liquid depth two and

one half times the fill line diameter when measured in the main portion of the tank, but not in sumps or similar protrusions.

(36) "Submerged loading" means the filling of a tank with a submerged fill l ine descending nearly to the bottom.

(37) "Suitable closure or cover" means a door, hatch, cover, lid, pipe cap, pipe bli nd, valve or similar device that prevents the accidental spillin g or emitting of VOC. Pressure relief valves, aspirator vents or other devices specifically requi red for safety and fire protection are not included

.

(38) "Thin particle board" means a manufactured board one-quarter inch or les s in thickness made of individual wood particles which have been c oated with a binder and formed into flat sheets by pressure.

(39) "Tileboard" means paneling that has a colored waterproof surfa ce coating.

(40) "Topcoat" means the final film or series of films of coating applied in a two-coat (or more) operation.

(41) "Transport tank" means a container used for shipping gasoline on lan d.

(42) "True vapor pressure" means the equilibrium partial pressure of a petrole um liquid as

determined with methods described in American Petro leum Institute Bulletin 2517, 1980.

(43) "Unit turnaround" means the procedure of shutting down, repairing, i nspecting, and restarting a unit.

(44) "Valves not externally regulated" means valves that have no external controls, such a s in-line check valves.

(45) "Vapor collection system" means a closed system to conduct vapors displaced f rom a tank being filled into the tank being emptied, a vapor h olding tank, or a vapor control system.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 83

(46) "Vapor control system" means a system designed and operated to reduce or l imit the emission of VOCs, or to recover the VOCs to prevent their emission into the ambient air.

(47) "Vapor-mounted seal" means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bo unded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roo f.

(48) "Volatile organic compound (VOC)" means any organic compound which participates in atmospheric photochemical reactions; that is, any o rganic compound other than those which the administrator designates as having negligible photo chemical reactivity. VOC may be measured by a reference method, an equivalent method, an alt ernative method or by procedures specified under 40 CFR Part 60. A reference method, an equiv alent method, or an alternative method, however, may also measure nonreactive organic compo unds. In such cases, an owner or operator may exclude the nonreactive organic compounds when determining compliance with a standard.

(49) "Waxy, heavy pour crude oil" means a crude oil with a pour point of 50  F or higher as determined by the American Society for Testing and Materials Standard D97-66, "Test for Pour

Point of Petroleum Oils."

State effective: 3/22/91; EPA effective: 9/10/93

173-490-025 General Applicability.

In addition to the general applicability of chapter 173-400 WAC to all emission sources, specific emission standards listed in this chapter will take precedence over the general emission standards of chapter 173-400 WAC.

(1) This chapter shall apply to the specified emissio n sources of VOCs located in or operating within designated ozone nonattainment areas of the state of Washington.

(2) This chapter does not apply to those sources under the jurisdiction of the energy facility site evaluation council (EFSEC).

(3) A source of VOC emissions not belonging to any of t he categories listed in WAC 173-490-030 nor specifically identified in any sect ion, but which is located on the same or adjacent property and owned or operated by the same person a s a regulated emission source, shall not be required to comply with the regulations of this cha pter.

(4) Sources of VOC emissions may be exempted, by the di rector, from any or all requirements to

control or reduce the emissions of VOCs when:

(a) The source is a development operation and the equip ment is used exclusively for research, laboratory analysis or determination of p roduct quality and commercialTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 84

acceptance, provided emissions of VOCs from such op erations do not exceed 300 kg (660 lbs) per month; or

(b) The source has emissions of VOCs which do not exc eed 18 kg (40 lbs) per month and registration is not required under WAC 173-490-030; or

(c) The source is a spray booth which is used solely fo r maintenance and utility activities and whose emissions do not exceed 18 kg (40 lbs) pe r month.

(5) Sources of VOCs may be granted exemptions from em issions standards for a period not to exceed thirty days if the source is a newly permitt ed source which is to replace a similar permitted

source and the new source is intended to utilize th e existing emission control system. This provision is intended to apply to a break-in period prior to the shutdown and removal of the existing source.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-030 Registration and Reporting.

(1) The owner or operator of a stationary emission sour ce of VOCs in the following source categories and located in a designated ozone nonatt ainment area shall register the source with ecology unless registration is required by an autho rity or the energy facility site evaluation council (EFSEC).

(a) Petroleum refineries.

(b) Petroleum liquid storage tanks.

(c) Gasoline loading terminals.

(d) Bulk gasoline plants.

(e) Gasoline dispensing facilities.

(f) Surface coaters.

(g) Open top vapor degreasers.

(h) Conveyorized degreasers.

(i) Gasoline transport tanks.

(j) Vapor collection systems.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 85

(k) Perchloroethylene dry cleaning systems.

(l) Graphic arts systems.

(m) Surface coaters of miscellaneous metal parts and pr oducts.

(n) Synthesized pharmaceutical manufacturing facilities

.

(o) Flatwood panel manufacturers and surface finishing facilities.

(2) A new emission source of VOCs that must comply with any requirements in WAC
173-490-040, 173-490-200, 173-490-201, 173-490-202, 173-490-203, 173-490-204, 173-490-205, 173-490-206 and 173-490-207, shall com ply with the requirements of WAC 173-400-100 and shall register with ecology or an a uthority prior to operation of the new source,

and shall submit sufficient information to demonstr ate that the new source is capable of complying with the requirements in this chapter. An opportun ity shall be provided for an inspection of the new source by ecology or local authority inspectors prior to its operation.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-040 Requirements.

To demonstrate compliance with this chapter, refer to WAC 173-400-105.

(1) Petroleum refineries. This chapter shall apply to all petroleum refinerie s with a crude oil or feed stock capacity greater than one million four hundred thirty thousand liter s (9,000 bbl) per day

(a) Vacuum producing system.

(i) Noncondensable VOC from vacuum producing systems sh all be piped to an appropriate firebox, incinerator or to a closed ref inery system.

(ii) Hot wells associated with contact condensers shall be tightly covered and the collected VOC introduced into a closed refinery sys tem.

(b) Wastewater separator.

(i) Wastewater separator forebays shall incorporate a floating pontoon or fixed solid cover with all openings sealed, totally enclo sing the compartmented liquid contents, or a floating pontoon or a double deck-ty pe cover equipped with closure seals between the cover edge and compartment wall.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 86 (ii) Accesses for gauging and sampling shall be designed to minimize VOC emissions during actual use. All access points sha ll be closed with suitable covers

when not in use.

(c) Process unit turnaround.

(i) The VOC contained in a process unit to be depressur ized for turnaround shall be introduced to a closed refinery system, combuste d by a flare, or vented to a disposal system.

(ii) The pressure in a process unit following depressu rization for turnaround shall be less than five psig before venting to the ambien t air.

(iii) Venting or depressurization to the ambient air of a process unit for turnaround at a pressure greater than five psig sha ll be allowed if the owner

demonstrates the actual emission of VOC to the ambi ent air is less than permitted by WAC 173-490-040 (1)(c)(ii).

(d) Maintenance and operation of emission control equip ment. Equipment for the reduction, collection or disposal of VOC shall be m aintained and operated in a manner

consistent with the level of maintenance and housek eeping of the overall plant.

(2) Petroleum liquid storage tanks.

(a) All fixed-roof tanks (except as noted in subparagr aph (d) of this subsection) storing volatile organic petroleum liquids with a true vapo r pressure as stored greater than 78 mm of Hg (1.5 psi) at actual monthly average storage t emperatures and having a capacity greater than one hundred fifty thousand liters (40, 000 gallons) shall comply with one of the following:

(i) Meet the equipment specifications and maintenance r equirements of the federal standards of performance for new stationary sources - Storage Vessels for Petroleum Liquids (40 CFR 60, subpart K); or

(ii) Be retrofitted with a floating roof or internal flo ating cover using a metallic

seal or a nonmetallic resilient seal at least meeti ng the equipment specifications of

the federal standards referred to in WAC 173-490-04 0 (2)(a)(i) or its equivalent; or

(iii) Be fitted with a floating roof or internal floating cover meeting the manufacturer's specifications in effect when instal led.

(b) All seals used in WAC 173-490-040 (2)(a)(ii) and (iii) are to be maintained in good operating condition and the seal fabric shall conta in no visible holes, tears or otherTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 87

openings.

(c) All openings not related to safety are to be seale d with suitable closures.

(d) Tanks used for the storage of gasoline in bulk gaso line plants and equipped with vapor balance systems as required in WAC 173-490-04 0 (4)(b) shall be exempt from the requirements of WAC 173-490-040(2).

(3) Gasoline loading terminals.

(a) This chapter shall apply to all gasoline loading terminals with an average annual daily gasoline throughput greater than seventy-five thous and liters (20,000 gallons).

(b) Loading facilities. Facilities for the purpose of loading gasoline into any transport tank shall be equipped with a vapor recovery system (VRS) as described in WAC 173-490-040 (3)(c) and comply with the following co nditions:

(i) The loading facility shall employ submerged or bo ttom loading for all transport

tanks.

(ii) The VRS shall be connected to the transport tank be ing loaded and shall operate during the entire loading of every transpor t tank loaded at the facility.

(iii) The loading of all transport tanks shall be perform ed such that ninety percent by weight of the gasoline vapors displaced during f illing are prevented from being released to the ambient air. Emissions from pressu re relief valves shall not be

included in the controlled emissions when the back pressure in the VRS collection lines is lower than the relief pressure setting of the transport tank's relief valves.

(iv) All loading lines and vapor lines shall be equipped to close automatically upon disconnect. The point of closure shall be on the tank side of any hose or intermediate connecting line.

(c) Vapor recovery system (VRS). The VRS shall be desi gned and built according to accepted industrial practices and meet the followin g conditions:

(i) The VRS shall prevent at least ninety percent by we ight of the gasoline vapors displaced during loading of each transport tank fro m entering the ambient air and in no case shall the gasoline vapors emitted to the am bient air exceed eighty milligrams per liter of gasoline loaded.

(ii) The VRS shall be equipped with a signal device to a lert personnel when the system is not operating or unintentionally shuts do wn.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 88 (iii) The back pressure in the VRS collection lines shall not exceed the transport tank's pressure relief settings.

(d) Alternative loading facility. The loading of trans port tanks by other means and using other vapor control systems shall require the facil ity owner to demonstrate that the emission of gasoline vapors to the ambient air is l ess than eighty milligrams per liter of gasoline loaded.

(4) Bulk gasoline plants.

(a) This chapter shall apply to all bulk gasoline plant s with an annual average daily gasoline throughput greater than fifteen thousand l iters (4,000 gallons).

(b) Storage tanks. All storage tanks with a capacity g reater than two thousand one hundred liters (550 gallons) and used for the stora ge of gasoline shall comply with the following conditions:

(i) Each storage tank shall be equipped with a submer ged fill line.

(ii) Each storage tank shall be equipped for vapor balan cing of gasoline vapors with transport tanks during gasoline transfer opera tions.

(iii) The vapor line fittings on the storage tank side of break points with the transport tank vapor connection pipe or hose shall be equipped to close automatically upon planned or unintentional disconn ect.

(iv) The pressure relief valves on storage tanks shall be set at the highest possible pressure consistent with local and state codes for fire and safety.

(c) Transport tanks. All transport tanks, except those meeting the conditions in WAC 173-490-040 (4)(d), transferring gasoline with stor age tanks in a bulk gasoline plant shall comply with the following conditions:

(i) The transport tank shall be equipped with the prope r attachment fittings to make vapor tight connections for vapor balancing wi th storage tanks.

(ii) The vapor line fittings on the transport tank side of break points with the storage tank connection pipe or hose shall be equip ped to close automatically upon planned or unintentional disconnect.

(iii) The pressure relief valves on transport tanks sha ll be set at the highest possible pressure consistent with local and state c odes for fire and safety.

(d) Transport tanks used for gasoline and meeting all o f the following conditions shall beTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 89

exempt from the requirement to be equipped with any attachment fitting for vapor balance

lines:

(i) The transport tank is used exclusively for the deli very of gasoline into storage tanks of a facility exempt from the vapor balance r equirements of WAC 173-490-040(5); and

(ii) The transport tank has a total capacity less than f ifteen thousand liters (4,000 gallons) and is of a compartmented design and const ruction requiring the installation of four or more separate vapor balance fittings.

(e) Gasoline transfer operations. No owner or operator of a bulk gasoline plant or transport tank shall allow the transfer of gasoline between a transport tank and a storage tank except under the following conditions:

(i) All tanks shall be submerged filled or bottom loa ded.

(ii) The loading of all tanks, except those exempted und er WAC 173-490-040 (4)(d) shall be performed such that ninety percent by weight of the gasoline vapors displaced during filling are prevented from being r eleased into the ambient air. Emissions from pressure relief valves shall not be included in the controlled

emissions.

(f) Equipment or system failures. Failures or leaks in the vapor balance system shall be limited by the following conditions:

(i) During the months of April, May, June, July, August , September and October, failures of the vapor balance system to comply with this chapter shall require that gasoline transfer operations stop for the failed pa rt of the system. Other transfer points that can operate in compliance may be used.

(ii) Loading or unloading of the transport tank connec ted to the failed part of the vapor balance system may be completed.

(iii) Breakdowns and upset conditions during all months o f the year shall also comply with the provisions of WAC 173-400-105(5).

(g) The owner or operator of a bulk gasoline plant or t ransport tank shall take all reasonable necessary measures to prevent the spilli ng, discarding in sewers, storing in open containers or handling of gasoline in a manner on t he plant site that will result in evaporation to the ambient air.

(5) Gasoline dispensing facilities (Stage I).TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 90

(a) This chapter shall apply to all gasoline dispensing facilities with a total annual gasoline output greater than seven hundred fifty-se ven thousand liters (200,000 gallons) or sixty-three thousand one hundred liters (16,670 gal lons) per month and total gasoline storage capacity greater than thirty-eight thousand liters (10,000 gallons).

(b) All gasoline storage tanks of the facilities define d in WAC 173-490-040 (5)(a) shall be equipped with submerged or bottom fill lines and fittings for vapor balancing gasoline vapors with the delivery transport tank.

(c) Gasoline storage tanks with offset fill lines sha ll be exempt from the requirement of WAC 173-490-040 (5)(b) if installed prior to Januar y 1, 1979.

(d) The vapor balance system (for the purpose of measur ing compliance with the emission control efficiency) shall consist of the t ransport tank, gasoline vapor transfer lines, storage tank and all tank vents. The vapor balance system shall prevent at least ninety percent of the displaced gasoline vapors fro m entering the ambient air. A vapor balance system that is designed, built and operated according to accepted industrial practices will satisfy this requirement.

(e) The owner or operator of a gasoline dispensing faci lity shall not permit the loading of gasoline into a storage tank equipped with vapor ba lance fittings unless the vapor balance system is attached to the transport tank and operat ed satisfactorily.

(6) Surface coaters. The operation of a coater and dryer, that may serve one or more process lines, shall comply with the following emission limits if the potential unco ntrolled emissions of VOC from the coater, flash off areas, and dryer would be greater than 18 kg (4 0 pounds) in any given twenty-four hour period. The emission limits and uncontrolled emission quant ity shall include the additional quantity of emissions from the dryer during the twelve hour per iod after application of the coating.

Process Can Coating Limitation Grams/Liter of Coat ing (Excluding Water) lb/Gal. of Coating (Excluding Water)

Sheet basecoat and overvarnish: 2-piece can exterior 340 2.8

Two and three piece can interior body spray, two piece can exterior

end 510 4.2

Side-seam spray 660 5.5

End sealing compound 440 3.7

Coil Coating 310 2.6TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 91

Fabric Coating 350 2.9

Vinyl Coating 450 3.8

Paper Coating 350 2.9

Auto and light duty truck coating

Prime 230 1.9

Topcoat 340 2.8

Repair 580 4.8

Metal Furniture Coating 360 3.0

Magnet Wire Coating 200 1.7

Large Appliance Coating 340 2.8

(7) Open top vapor degreasers.

(a) All open top vapor degreasers shall:

(i) Have a cover that may be readily opened and closed. When a degreaser is equipped with a lip exhaust, the cover shall be loc ated below the lip exhaust. When a degreaser has a freeboard ratio equal to or greater than 0.75 and the opening is greater than one square meter (10 square feet) the cover shall be power operated.

(ii) Have one of the following:

(A) A freeboard ratio equal to or greater than 0.75; or

(B) A freeboard chiller; or

(C) A closed design such that the cover opens only when the part enters or exits the degreaser.

(iii) Be equipped with at least the following three saf ety switches:

(A) Condenser-flow switch and thermostat (shuts off sum p heat if coolant is either not circulating or too warm); and

(B) Spray safety switch (shuts off spray pump if the va por level drops excessively; andTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 92 (C) Vapor level control thermostat (shuts off sump heat when vapor level rises too high).

(iv) Post a permanent and conspicuous pictograph or inst ructions clearly explaining the following work practices:

(A) Do not degrease porous or absorbent materials such as cloth, leather, wood or rope.

(B) The cover of the degreaser should be closed at all times except when processing workloads.

(C) When the cover is open the lip of the degreaser sho uld not be exposed to steady drafts greater than 15.3 meters per minut e (50 feet per minute).

(D) Rack parts so as to facilitate solvent drainage f rom the parts.

(E) Workloads should not occupy more than one-half of the vapor-air

interface area.

(F) When using a powered hoist, the vertical speed of p arts in and out of the vapor zone should be less than 3.35 meters per minute (11 feet per minute).

(G) Degrease the workload in the vapor zone until conde nsation ceases.

(H) Spraying operations should be done within the vapor layer.

(I) Hold parts in the degreaser until visually dry.

(J) When equipped with a lip exhaust, the fan should be turned off when

the cover is closed.

(K) The condenser water shall be turned on before the s ump heater when starting up a cold vapor degreaser. The sump heate r shall be turned off and the solvent vapor layer allowed to collapse before closing the condenser water when shutting down a hot vapor degreaser.

(L) Water shall not be visible in the solvent stream fr om the water

separator.

(b) A routine inspection and maintenance program shall be implemented for the purpose of preventing and correcting solvent losses. For e xample, leaks from drain taps, crackedTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 93

gaskets, and malfunctioning equipment must be repai red immediately.

(c) Sump drainage and transfer of hot or warm solvent shall be carried out using threaded or other leakproof couplings.

(d) Still and sump bottoms shall be kept in closed cont ainers.

(e) Waste solvent shall be stored in covered containe rs and returned to the supplier or to a firm which processes solvents for disposal.

(8) Conveyorized degreasers.

(a) The owner or operator of conveyorized cold cleane rs and conveyorized vapor degreasers shall comply with the following operatin g requirements:

(i) Exhaust ventilation shall not exceed twenty cubic m eters per minute per square meter (65 cfm per ft. 2 ) of degreaser opening, unless necessary to meet OS HA requirements.

(ii) Post in the immediate work area a permanent and co nspicuous pictograph or instructions clearly explaining the following work practices:

(A) Rack parts for best drainage.

(B) Maintain vertical speed of conveyed parts to less than 3.35 meters per minute (11 feet per minute).

(C) The condenser water shall be turned on before the s ump heater when starting up a cold vapor degreaser. The sump heate r shall be turned off and the solvent vapor layer allowed to collapse before closing the condenser water when shutting down a hot vapor degreaser.

(D) Water shall not be visible in the solvent stream fr om the water

separator.

(iii) Vapor degreasers shall be equipped with at least th e following three safety

switches:

(A) Condenser flow switch and thermostat (shuts off s ump heat if coolant is either not circulating or too warm); and

(B) Spray safety switch (shuts off spray pump if the va por level drops excessively); andTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 94 (C) Vapor level control thermostat (shuts off sump heat when vapor level rises too high). (b) A routine inspection and maintenance program shall be implemented for the purpose of preventing and correcting solvent losses. For e xample, leaks from drain taps, cracked gaskets, and malfunctioning equipment must be repai red immediately.

(c) Sump drainage and transfer of hot or warm solvent s hall be carried out using threaded or other leakproof couplings.

(d) Still and sump bottoms shall be kept in closed cont ainers.

(e) Waste solvent shall be stored in covered containers and returned to the supplier or to a firm which processes solvents for disposal.

(f) All conveyorized cold cleaners and conveyorized v apor degreasers with air/vapor

interfaces of 2.0 m 2 or greater shall have a carbon adsorption system, exhausting less than 25 ppm of solvent averaged over a complete adsorpti on cycle (based on exhaust ventilation

of 15 m 3 per min per m 2 of air/vapor area, when downtime covers are open), or a system with control effectiveness equal to or better than a carbon adsorption system.

(9) Cutback asphalt paving.

(a) All paving applications of cutback asphalts are pro hibited during the months of April, May, June, July, August, September and October, exc ept as provided for in WAC 173-490-040 (9)(b).

(b) The following paving uses and applications of cutba ck asphalts are permitted during all months of the year.

(i) As a penetrating prime coat on aggregate bases prio r to paving.

(ii) The manufacture of patching mixes used exclusively for pavement maintenance and needed to be stockpiled for times l onger than one month.

(iii) All paving uses when the temperature during applica tion is below 10  C (50  F). Any person using cutback asphalt for paving sh all demonstrate that the ambient air temperature at 8 a.m. (PST) is below 50  F. The paving application of cutback asphalt when the ambient air temperature is 50  F or higher is in violation of this chapter.

(10) Cold cleaners.

(a) The owners or operators of all cold cleaners shal l comply with the following equipment specifications:TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 95 (i) Be equipped with a cover that is readily opened and closed.

(ii) Be equipped with a drain rack that returns the dr ained solvent to the solvent

bath.

(iii) Have a freeboard ratio of at least 0.5.

(iv) Have a visible fill line.

(b) An owner or operator of a cold cleaner shall be res ponsible for following the required operating parameters and work practices. The owner shall post and maintain in the work area of each cold cleaner a pictograph or instructi ons clearly explaining the following work practices:

(i) The solvent level shall not be above the fill line.

(ii) The spraying of parts to be cleaned shall be perf ormed only within the

confines of the cold cleaner.

(iii) The cover of the cold cleaner shall be closed when not in use or when parts are being soaked or cleaned by solvent agitation.

(iv) Solvent-cleaned parts shall be rotated to drain cav ities or blind holes and then set to drain until dripping has stopped.

(v) Waste solvent shall be stored in covered containers and returned to the supplier or to a firm which processes solvents for disposal.

(c) The owner or operator shall maintain cold cleaners in good working condition and

free of solvent leaks.

(d) If the solvent has a vapor pressure greater than 2. 0 kPa (0.3 psi) measured at 38  C (100  F), or if the solvent is agitated or heated, then t he cover must be designed so that it can be easily operated with one hand.

(e) If the solvent has a vapor pressure greater than 4.3 kPa (0.6 psi) measured at 38  C (100  F), then the drainage facility must be internal, so that parts are enclosed under the cover while draining. The drainage facility may be external for applications where an internal type cannot fit into the cleaning system.

(f) If the solvent has a vapor pressure greater than 4. 3 kPa (0.6 psi) measured at 38  C (100  F), or if the solvent is heated above 50  C (120  F), one of the following solvent vapor control systems must be used:TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 96 (i) The freeboard ratio must be equal to or greater tha n 0.70; or

(ii) Water must be kept over the solvent. The solvent m ust be more dense and

insoluble in water.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-080 Exceptions and Alternative Methods.

(1) Other emission reduction methods may be used if the source operator demonstrates to ecology that they are at least as effective as the required methods; and

(2) The operation of a natural gas-fired incinerator a nd associated capture system installed for the purpose of complying with this chapter shall be req uired only during the months of April, May, June, July, August, September and October, unless t he operation of such devices is required for purposes of occupational health or safety, or for t he control of toxic substances, malodors, or other regulated pollutants.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-090 New Source Review (NSR).

The provisions of WAC 173-400-110 shall apply to al l new sources and emissions units to which this chapter is applicable.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-200 Petroleum Refinery Equipment Leaks.

(1) Specific applicability. This section shall apply t o all petroleum refineries as qualified in

WAC 173-490-025.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a petroleum refinery shall:

(i) Develop and conduct a monitoring program consiste nt with the provisions in WAC 173-490-200(3), 173-490-200(4), 173-490-200(5), and 173-400-105;

(ii) Record all leaking components which have a VOC conc entration greater thanTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 97 10,000 ppm when tested according to the provisions in WAC 173-490-200(3) and place an identification tag on each component consi stent with the provisions of WAC 173-490-200 (4)(c);

(iii) Correct and retest the leaking component, as defi ned in WAC 173-490-200 (2)(a)(ii), as soon as practicable, but not later t han fifteen days after the leak is

recorded. If a leak continues after all reasonable corrective actions have been taken, then the component shall be repaired or repl aced on the next scheduled

turnaround.

(iv) Identify all leaking components, as defined in WAC 173-490-200 (2)(a)(ii), that cannot be corrected until the refinery unit is shut down for turnaround.

(b) The owner or operator of a petroleum refinery shall not install or operate a valve at the end of a pipe or line containing VOC unless the pip e or line is sealed with a second suitable closure. Exceptions to this requirement are the en ds of a pipe or line connected to pressure relief valves, aspirator vents or other de vices specifically required to be open for safety protection. The sealing device may be remov ed only when a sample is being taken or during maintenance operations.

(3) Testing procedures. To demonstrate compliance wi th this chapter, refer to WAC 173-400-105(5).

(4) Monitoring.

(a) The owner or operator of a petroleum refinery shall conduct a monitoring program consistent with the following provisions:

(i) Monitor yearly by the methods referenced in WAC 173 -490-200(3) all pump seals, pipeline valves in liquid service and proces s drains;

(ii) Monitor quarterly by the methods referenced in WAC 173-490-200(3) all compressor seals, pipeline valves in gaseous servic e and pressure relief valves in gaseous service;

(iii) Monitor weekly by visual methods all pump seals;

(iv) Monitor immediately any pump seal from which liquid s are observed leaking;

(v) Monitor any relief valve within twenty-four hours a fter it has vented to the atmosphere; and

(vi) After a leaking component is repaired, monitor for leaks prior to return toTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 98 service.

(b) Pressure relief devices that are connected to an op erating flare header, vapor recovery device, inaccessible valves, storage tank valves, and valve s that are not externally regulated are exempt from the monitoring requirements in WAC 173-490-200 (4)(a).

(c) The owner or operator of a petroleum refinery, upon the detection of a leaking component, as defined in WAC 173-490-200 (2)(a)(ii), shall affix a weatherproof and readily visible tag, bearing

an identification number and the date the leak is l ocated, to the leaking component. This tag shall remain in place until the leak is corrected.

(5) Recordkeeping.

(a) The owner or operator of a petroleum refinery shall maintain a leaking component's monitoring log as specified in WAC 173-490-200 (2)( a)(ii) that shall contain, at a minimum, the following data:

(i) The name of the process unit where the component is located.

(ii) The type of component (e.g., valve, seal).

(iii) The tag number of the component.

(iv) The date on which a leaking component is discovered

.

(v) The date on which a leaking component is repaired.

(vi) The date and instrument reading of the recheck proc edure after a leaking component is repaired.

(vii) A record of the calibration of the monitoring instr ument.

(viii) Those leaks that cannot be repaired until turnaro und.

(ix) The total number of components checked and the tot al number of components found leaking.

(b) Copies of the monitoring log shall be retained by the owner or operator for a minimum of two years after the date on which the re cord was made or the report prepared.

(c) Copies of the monitoring log shall immediately be made available to ecology, upon verbal or written request, at any reasonable time.

(6) Reporting. The owner or operator of a petroleum re finery shall notify ecology in writingTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 99

within forty-five days following each quarterly or annual inspection for component leaks when:

(a) The number of discovered leaks has increased by mor e than ten percent above the number recorded during the last inspection of the s ame components;

(b) The number of leaking components has increased for two consecutive quarterly or annual inspections;

(c) The number of leaks not corrected within fifteen da ys exceeds five percent of the leaks detected;

(d) The next scheduled process unit turnaround needed t o repair an uncorrectable leak is more than twelve months away.

(7) Petition for alternative monitoring.

(a) After two complete liquid service inspections and f ive complete gaseous service inspections, the owner or operator of a petroleum r efinery may petition the director for alternative monitoring procedures or a reduction in monitoring frequency.

(b) A petition for alternative monitoring procedures sh all contain:

(i) The name and address of the company and the name an d telephone number of the responsible person over whose signature the pet ition is submitted;

(ii) A detailed description of the problems encountered under WAC 173-490-200(4); and

(iii) A detailed description of the alternative monitorin g procedures and how this alternative procedure will solve or reduce the prob lems encountered under WAC 173-490-200(4).

(c) A petition for a reduction in monitoring frequency shall contain:

(i) The information requested in WAC 173-490-200 (7)(b) (i);

(ii) A detailed description of the proposed component- monitoring schedule;

(iii) A demonstration by the owner or operator that the f acility is currently operating with a low level of component leaks and i s committed to a maintenance program that will assure a frequency and severity o f component leaks as good as that attainable under WAC 173-490-200(2).

(d) An approved petition for a reduction in monitoring frequency shall begin with theTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 0

next quarterly inspection and shall be valid for a period of twelve quarters (three years). At the time of the last inspection in the twelve qu arters, a new submittal of the information required in WAC 173-490-200 (7)(c) shall be made if the reduced frequency of monitoring

is to continue.

(e) Ecology may approve a part or all of a petition for alternative monitoring requested under WAC 173-490-200 (7)(b) or (c). Approval or d isapproval will be in writing and within forty-five calendar days of receipt of the p etition by ecology. A failure to approve or disapprove a new petition or petition for renewa l within the stated time limit shall be taken as an approval.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-201 Petroleum Liquid Storage in External Floating Roof Tanks.

(1) Specific applicability.

(a) This section shall apply to all petroleum liquid st orage vessels equipped with external floating roofs, having capacities greater than 150, 000 liters (40,000 gallons), and as qualified in WAC 173-490-025. (b) This section does not apply to petroleum liquid sto rage vessels that:

(i) Are used to store waxy, heavy pour crude oil; or

(ii) Have capacities less than 1,600,000 liters (420,000 gallons) and are used to store produced crude oil and condensate prior to le ase custody transfer; or

(iii) Contain a petroleum liquid with a true vapor press ure of less than 10.5 kPa (1.5 psia); or

(iv) Contain a petroleum liquid with a true vapor press ure less than 27.6 kPa (4.0 psia); are of welded construction; and presently po ssess a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid f illed type seal, or other closure device of demonstrated equivalence approved by ecol ogy; or

(v) Are of welded construction, equipped with a metalli c-type shoe primary seal and have secondary seal from the top of the shoe se al to the tank wall (shoe-mounted secondary seal).

(2) Provisions for specific processes.

(a) No owner(s) or operator(s) of a petroleum liquid st orage vessel shall store a petroleum liquid in that vessel unless:TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 1 (i) The vessel has been fitted with:

(A) A continuous secondary seal extending from the floa ting roof to the tank wall (rim-mounted secondary seal); or

(B) A closure or other device which controls VOC emis sions with an effectiveness equal to or greater than a seal requi red under WAC 173-490-201 (2)(a)(i)(A) and approved by ecology.

(ii) All seal closure devices meet the following requi rements:

(A) There are no visible holes, tears, or other opening s in the seal or seal fabric;

(B) The seal is intact and uniformly in place around t he circumference of the floating roof between the floating roof and the tank wall; and

(C) For vapor mounted primary seals, the accumulated area of gaps exceeding 0.32 cm (1/8 inch) in width between the s econdary seal and the

tank wall shall not exceed 21.2 cm 2 per meter of tank diameter (1.0 in. 2 per foot of tank diameter), as determined by the method in WAC 173-490-201(3). (iii) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:

(A) Equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and

(B) Equipped with projections into the tank which remai n below the liquid

surface at all times.

(iv) Automatic bleeder vents are closed at all times exc ept when the roof is floated off or landed on the roof leg supports;

(v) Rim vents are set to open when the roof is being fl oated off the leg supports or at the manufacturer's recommended setting; and

(vi) Emergency roof drains are provided with slotted mem brane fabric covers or equivalent covers which cover at least ninety perce nt of the area of the opening.

(b) The owner(s) or operator(s) of a petroleum liquid storage vessel with an external floating roof subject to this chapter shall:TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 2 (i) Perform routine inspections annually in order to in sure compliance with WAC 173-490-201 (2)(a) and the inspection shall include a visual inspection of the secondary seal gap;

(ii) Measure the secondary seal gap annually in accordan ce with WAC 173-490-201(3) when the floating roof is equipped w ith a vapor-mounted primary seal; and

(iii) Maintain records of the types of volatile petroleum liquids stored, the maximum true vapor pressure of the liquid as stored , and the results of the inspections performed in WAC 173-490-201 (2)(b)(i) and (ii).

(c) The owner(s) or operator(s) of a petroleum liquid s torage vessel with an external floating roof exempted from this chapter by WAC 173 -490-201 (1)(b)(iii), but containing a petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psi), shall maintain records of the average monthly storage temperature, the type of liquid, and the maximum true vapor pressure for all petroleum liquids with a true vapor pressure greater than 7.0 kPa.

(d) Copies of all records under WAC 173-490-201 (2)(b) and (c) shall be retained by the owner(s) or operator(s) for a minimum of two years after the date on which the record was

made.

(e) Copies of all records required under WAC 173-490- 201 shall immediately be made available to the director, upon verbal or written r equest, at any reasonable time.

(3) Testing and monitoring.

(a) The owner or operator of a storage vessel covered u nder WAC 173-490-201 shall demonstrate compliance by the methods of this subse ction or an alternative method approved by ecology.

(b) A person proposing to measure the seal fit of a sto rage vessel in order to comply with this section shall notify ecology of the intent to measure not less than five working days before the measurement so the director or a represe ntative may observe the measurement if

desired.

(c) Compliance with WAC 173-490-201 (2)(a)(ii)(C) shall be determined by physically measuring the length and width of all gaps around t he circumference of the secondary seal in each place where a 0.32 cm (1/8 in.) diameter pr obe passes freely (without forcing or binding against the seal) between the seal and the tank wall and summing the area of the individual gaps.

State effective: 3/22/91; EPA effective: 9/10/93TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 3

173-490-202 Leaks from Gasoline Transport Tanks and Vapor Colle ction System.

(1) Specific applicability. This section shall apply to all gasoline transport tanks equipped for gasoline vapor collection and all vapor collection systems at gasoline loading te rminals, bulk gasoline plants and gasoline dispensing facilities as qualified in WAC 173-490-0 25 and 173-490-040.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a gasoline loading or unloading facility shall only allow the transfer of gasoline between the facility and a transport tank when a current leak test certification for the transport tank is on fil e with the facility or a valid inspection sticker is displayed on the vehicle.

(b) The owner(s) or operator(s) of a transport tank sha ll not make any connection to the tank for the purpose of loading or unloading gasoli ne, except in the case of an emergency, unless the gasoline transport tank:

(i) Is tested annually according to the test procedure referenced in WAC 173-490-202 (3)(c);

(ii) Sustains a pressure change of no more than 0.75 kil opascals (3 inches of water) in five minutes when pressurized to a gauge pressure of 4.5 kilopascals (18 inches of water) or evacuated to a gauge pressure o f 1.5 kilopascals (6 inches of water) during the testing required in WAC 173-490-2 02 (2)(b)(i);

(iii) Is repaired by the owner(s) or operator(s) and re tested within fifteen days of testing if it does not meet the criteria of WAC 173 -490-202 (2)(b)(ii);

(c) The owner(s) or operator(s) of a transport tank sha ll:

(i) Have a current leak test certification for the tran sport tank on file with each gasoline loading or unloading facility where gasoli ne is transferred; or

(ii) Display a sticker near the department of transporta tion certification plate required by 49 CFR 178.340-10b which:

(A) Shows the date that the gasoline tank truck last passed the test required in WAC 173-490-202 (2)(b)(i) and (ii);

(B) Shows the identification number of the gasoline tan k truck tank; and

(C) Expires not more than one year from the date of t he leak tight test.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 4

(d) The owner(s) or operator(s) of a vapor collection system shall:

(i) Operate the vapor collection system and the gasoli ne loading equipment during all loadings and unloadings of transport tanks equi pped for emission control such

that:

(A) A gauge reading of tank pressure will not exceed 4. 5 kilopascals (18 inches of water) or vacuum 1.5 kilopascals (6 inche s of water);

(B) The concentration of gasoline vapors is below the l ower explosive limit (LEL, measured as propane) at all points a di stance of 2.5 cm (1 inch) from potential leak sources when measured by the me thod in WAC 173-490-202(3); and

(C) There are no visible liquid leaks.

(ii) Repair and retest a vapor collection system that ex ceeds the limits of WAC 173-490-202 (2)(d)(i) within fifteen days.

(e) Ecology may, at any time, monitor a gasoline tran sport tank and vapor collection system during loading or unloading operations by th e procedure in WAC 173-490-202 (3)(d) to confirm continuing compliance with WAC 17 3-490-202 (2)(b) or (d).

(3) Testing and monitoring.

(a) The owner(s) or operator(s) of a gasoline transport tank or vapor collection system shall, at his own expense, demonstrate compliance w ith WAC 173-490-202 (2)(a) and (b), respectively. All tests shall be made by, or under the direction of, a person qualified to perform the tests. (b) The owner(s) or operator(s) of a gasoline transpo rt tank shall notify ecology in writing

of the date and location of a certification test at least ten calendar days before the anticipated test date.

(c) To demonstrate compliance with this chapter, refer to WAC 173-400-105.

(d) Monitoring to confirm the continuing existence of l eak tight conditions shall be consistent with the procedures on file with and app roved by ecology.

(4) Recordkeeping.

(a) The owner(s) or operator(s) of a gasoline transport tank or vapor collection system

shall maintain records of all certification tests a nd repairs for at least two years after the test or repair is completed.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 5

(b) The records of certification tests required by WAC 173-490-202 (4)(a) shall, as a minimum, contain:

(i) The transport tank identification number;

(ii) The initial test pressure and the time of the rea ding;

(iii) The final test pressure and the time of the reading ;

(iv) The initial test vacuum and the time of the reading ;

(v) The final test vacuum and the time of the reading;

(vi) At the top of each report page, the company name, date and location of the tests on that page; and

(vii) Name and title of the person conducting the test.

(c) The owner(s) or operator(s) of a gasoline transport tank shall annually certify that the transport tank passed the required tests.

(d) Copies of all records required under WAC 173-490- 202 shall immediately be made available to ecology, upon written request, at any reasonable time.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-203 Perchloroethylene Dry Cleaning Systems.

(1) Specific applicability. This section shall apply t o all dry cleaning systems using perchloroethylene cleaning solvent and as qualified in WAC 173-490-203 (1)(a) and (b) and

173-490-025.

(a) The following dry cleaning systems are exempt from the requirements of WAC 173-490-203 (2)(a)(i) and (ii):

(i) Coin-operated systems;

(ii) Systems located in a facility with inadequate space to accommodate an adsorber;

(iii) Systems with insufficient steam capacity to desorb adsorbers .TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 6

(b) An exemption for the conditions stated in WAC 173-4 90-203 (2)(a)(i) and (ii) may be granted by ecology when sufficient evidence is subm itted by the owner(s) or operator(s) of the dry cleaning system to justify the exemption.

(c) A material balance will be used to determine VOC lo sses.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a perchloroethylene dry cleaning facility subject to this chapter shall:

(i) Vent the entire dryer exhaust through a properly fu nctioning carbon adsorption system or equally effective control device;

(ii) Emit no more than 100 ppmv when demonstrated in a ccordance with WAC 173-490-203(3)(c)(i), of VOC’s from the dryer contr ol device before dilution;

(iii) Immediately repair all components found to be leaki ng liquid VOCs;

(iv) Cook or treat all diatomaceous earth filters so t hat the residue contains 25 kg or less of VOCs per 100 kg of wet waste material;

(v) Reduce the VOCs from all solvent stills to 60 kg or less per 100kg of wet waste material;

(vi) Drain all filtration cartridges, in the filter hous ing or other enclosed container, for at least twenty-four hours before discarding th e cartridges; and

(vii) When possible, dry all drained cartridges without e mitting VOCs to the atmosphere.

(3) Testing and monitoring

(a) Compliance with WAC 173-490-203 (2) (a)(i), (vi), and (vii) shall be determined by means of visual inspection.

(b) Compliance with WAC 173-490-203 (2) (a)(iii) shall be determined by means of visual inspection of the following components:

(i) Hose connections, unions, couplings and valves;

(ii) Machine door gaskets and seatings;

(iii) Filter head gasket and seating;TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 7 (iv) Pumps;

(v) Base tanks and storage containers;

(vi) Water separators;

(vii) Filter sludge recovery;

(viii) Distillation unit;

(ix) Diverter values

(x) Saturated lint from lint basket; and

(xi) Cartridge filters

(c) Compliance with WAC 173-490-203 (2) (a)(ii) shall b e demonstrated by:

(i) A test consistent with the procedures on file with and approved by ecology; or

(ii) The proper installation, operation, and maintenance of equipment that has been demonstrated by the owner(s) or operator(s) to adequately meet the emission limits in WAC 173-490-203(2)(a)(ii).

(d) Compliance with WAC 173-490-203 (2)(a)(iv) and (v) shall be demonstrated by tests consistent with the procedures on file with and app roved by ecology.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-204 Graphic Arts System.

(1) Specific applicability.

(a) This section shall apply to all packaging rotogravu re, publication rotogravure, specialty printing operations, and flexographic pr inting facilities that use more than 90 megagrams (100 tons) per year of VOCs as a componen t of ink, for the thinning of ink, cleaning of presses, press components and equipment ; and are covered by WAC

173-490-025. (b) Machines that have both coating units (apply a unif orm layer of material across the entire width of a web) and printing units (forming words, designs, and pictures) shall be

included under WAC 173-490-204 rather than WAC 173- 490-040(6), Surface coaters.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 8

(2) Provisions for specific processes.

(a) No owner(s) or operator(s) of a packaging rotogravu re, publication rotogravure or flexographic printing subject to this regulation an d employing solvent containing ink may operate, cause, allow or permit the operation of th e facility unless:

(i) The volatile fraction of ink, as it is applied to t he substrate, contains twenty-five percent by volume or less of organic so lvent and seventy-five percent by volume or more of water;

(ii) The ink as it is applied to the substrate, less wat er, contains sixty percent by volume or more nonvolatile material; or

(iii) The owner(s) or operator(s) installs and operates a system that captures at least ninety percent by weight and;

(A) A carbon adsorption system which reduces the volati le organic emissions from the capture system by at least ninet y percent by weight;

(B) An incineration system which oxidizes at least ni nety percent of the nonmethane VOCs (VOC measured as total combustible carbon) to carbon dioxide and water; or

(C) An alternative VOC emission reduction system demons trated to have at least a ninety percent reduction efficiency, mea sured across the control system, and has been approved by ecology.

(b) A collection system shall be used with the emission controls of WAC 173-490-204 (2)(a)(iii). The design and operation of the colle ction system shall be consistent with good engineering practice, and shall provide an ove rall reduction in the emission of VOCs

of at least:

(i) Seventy-five percent where a publication rotogravur e process is used; or

(ii) Sixty-five percent where a packaging rotogravure pr ocess is used; or

(iii) Sixty percent where a flexographic process is used.

(3) Testing and monitoring.

(a) To demonstrate compliance with this chapter, refer to WAC 173-400-105.

(b) When add-on control equipment is used, continuous m onitors of the following parameters shall be installed, periodically calibra ted, and operated at all times that theTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10 9

associated control equipment is operating:

(i) Exhaust gas temperature of all incinerators;

(ii) Temperature rise across a catalytic incinerator bed ;

(iii) Breakthrough of VOC on a carbon adsorption unit; and

(iv) Any other continuous monitoring or recording device required by ecology.

(c) The owner or operator of a facility shall be respon sible for all expenses of monitoring required by WAC 173-490-204 (3)(b).

State effective: 3/22/91; EPA effective: 9/10/93

173-490-205 Surface Coating of Miscellaneous Metal Parts and Pr oducts.

(1) Specific applicability. This section shall apply t o surface coating of miscellaneous metal parts and products in the following industries, if the potential uncontrolled emissions of VOC is greater than 10 tons per year and as qualified in W AC 173-490-205(1)(b),(c), and (d), and

173-490-025.

(a) Miscellaneous metal parts and products shall includ e:

(i) Large farm machinery (harvesting, fertilizing and p lanting machines, tractors, combines, etc.);

(ii) Small farm machinery (lawn and garden tractors, law n mowers, rototillers, etc.);

(iii) Small appliances (fans, mixers, blenders, crock pot s, dehumidifiers, vacuum cleaners, etc.);

(iv) Commercial machinery (office equipment, computers and auxiliary equipment, typewriters, calculators, vending machin es, etc.);

(v) Industrial machinery (pumps, compressors, conveyo r components, fans, blowers, transformers, etc.);

(vi) Fabricated metal products (metal covered doors, fra mes, etc.); and

(vii) Any other industrial category which coats metal par ts or products under the Standard Industrial Classification Code of Major Gr oup 33 (primary metalTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 0 industries), Major Group 34 (fabricated metal produ cts), Major Group 35 (nonelectric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major Group 38 (miscell aneous instruments), Major Group 39 (miscellaneous manufacturing industries), Major Group 40 (railroad transportation), and Major Group 41 (transit passen ger transportation).

(b) This section is not applicable to the surface coati ng of the following metal parts and products:

(i) Automobiles and light-duty trucks;

(ii) Metal cans;

(iii) Flat metal sheets and strips in the form of rolls or coils;

(iv) Magnet wire for use in electrical machinery;

(v) Metal furniture;

(vi) Large appliances;

(vii) Airplanes;

(viii) Automobile refinishing;

(ix) Customized top coating of automobiles and trucks, i f production is less than thirty-five vehicles per day; and

(x) Exterior of marine vessels.

(c) This chapter applies to the application area, flash off area, air and forced air drier, and oven used in the surface coating of the metal parts and products in WAC 173-490-205 (1)(a). This chapter also applies to prime coat, t op coat, and single coat operations.

(d) The application of coatings whose formulations ar e controlled by federal specifications and the use of which is required by federal agencies shall be exempt from the emission limits in WAC 173-490-205 (2)(a).

(e) A case-by-case determination of the emission contro ls best representing RACT may be substituted for the requirements of WAC 173-490- 205(2). Such a determination shall be approved by ecology.

(2) Provisions for specific processes.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 1

(a) The owner or operator of a coating application syst em shall not emit a quantity of VOCs greater than those listed by specific coating, excluding water and as delivered to the application system:

(i) Clear coatings 0.52 kg/liter (4.3 lb/gallon) (ii) Extreme performance coatings 0.42 kg/liter (3. 5 lb/gallon) (iii) Air dried coatings 0.42 kg/liter (3.5 lb/gallon) (iv) All others 0.36 kg/liter (3.0 lb/gallon) (v) Powder coatings 0.05 kg/liter (0.4 lb/gallon)

(b) When more than one emission limitation listed in WA C 173-490-205 (2)(a) applies to a specific coating, the least stringent will app ly.

(c) All VOC emissions from solvent washings shall be considered in the emission limitations in WAC 173-490-205 (2)(a), unless the s olvent is directed into containers that prevent evaporation into the atmosphere.

(d) The emission limits set forth in WAC 173-490-205 (2 )(a) shall be achieved by:

(i) The application of low solvent coating technology ; or

(ii) An incineration system that oxidizes at least nin ety percent of the VOCs (VOC measured as total combustible carbon) to carbo n dioxide and water; or

(iii) An equivalent means of VOC reduction certified by t he owner(s) or operator(s) and approved by ecology.

(e) A collection system shall be used together with the incinerator of WAC 173-490-205 (2)(d)(ii). The design and operation of the collec tion system shall be consistent with good engineering practice and provide for an overall VOC emission reduction necessary to comply with the emission limits of WAC 173-490-205 (2)(a). The required VOC

emission reduction shall be calculated on a unit vo lume of uncured solids basis.

(3) Testing and monitoring.

(a) Ecology may require the owner(s) or operator(s) of a source to demonstrate at his/her own expense, compliance by the methods of WAC 173-4 90-205 (3)(c).

(b) The owner(s) or operator(s) of a source shall not ify ecology at least ten days before a proposed emission certification test so the directo r or a representative may observe the test.

(c) To demonstrate compliance with this chapter, refer to WAC 173-400-105.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 2

(d) Ecology may require monitoring of the following p arameters:

(i) Exhaust gas temperature of all incinerators;

(ii) Temperature rise across a catalytic incinerator bed ; and

(iii) Breakthrough of VOC on a carbon adsorption unit.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-207 Surface Coating of Flatwood Paneling.

(1) Specific applicability.

(a) This section shall apply to all flatwood panel ma nufacturers and surface finishing facilities as qualified in WAC 173-490-207 (1)(b) a nd (c) and 173-490-025.

(b) These chapters shall apply to all operations and equipment that is used to apply, convey and dry (including flashoff areas) a surface pattern or coating on the following products:

(i) Printed interior panels made of hardwood plywood an d thin particleboard;

(ii) Natural finish hardwood plywood panels; or

(iii) Hardboard paneling with Class II finishes.

(c) These chapters do not apply to the manufacture of e xterior siding, tileboard, or particleboard used as a furniture component.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a facility shall not emit VOCs from a coating application system in excess of:

(i) 2.9 kg per 100 square meters of coated finished pro duct (6.0 lb/1,000 square feet) from printed interior panels, regardless of t he number of coats applied;

(ii) 5.9 kg per 100 square meters of coated finished pro duct (12.0 lb/1,000 square feet) from natural finish hardwood plywood panels, regardless of the number of coats applied; andTABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 3 (iii) 4.9 kg per 100 square meters of coated finished pro duct (10.0 lb/1,000 square feet) from Class II finishes on hardboard panels, r egardless of the number of coats applied.

(b) The emission limits in WAC 173-490-207 (2)(a) shall be achieved by:

(i) The application of low solvent content coating tech nology; or

(ii) An incineration system which oxidizes at least nine ty percent of the nonmethane VOCs entering the incinerator (VOC measu red as total combustible carbon) to carbon dioxide and water; or

(iii) An equivalent means of VOC removal. The equivalent means must be certified by the owner(s) or operator(s) and approv ed by ecology.

(c) A capture system shall be used in conjunction with the emission control systems in WAC 173-490-207 (2)(b)(ii) and (iii). The design a nd operation of the capture system must be consistent with good engineering practice a nd shall be required to provide for an

overall emission reduction sufficient to meet the e mission limitation in WAC 173-490-207 (2)(a).

(3) Testing and monitoring.

(a) Ecology may require the owner or operator of a faci lity to demonstrate at his/her own expense compliance by the methods of WAC 173-490-20 7 (3)(c).

(b) The owner(s) or operator(s) of a facility shall not ify ecology at least ten days before a proposed emission certification test so the directo r or a representative may observe the test.

(c) To demonstrate compliance with this chapter, refer to WAC 173-400-105.

(d) Ecology may require monitoring of the following par ameters:

(i) Exhaust gas temperature of all incinerators;

(ii) Temperature rise across a catalytic incinerator bed ; and

(iii) Breakthrough of VOC on a carbon adsorption unit.

State effective: 3/22/91; EPA effective: 9/10/93

173-490-208 Aerospace Assembly and Component Coating Operations

.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 4

(1) Specific Applicability. This section shall apply t o all aerospace component coating facilities that emit an annual average of eighteen kilograms ( forty pounds) or more of VOCs per operating day and as qualified in WAC 173-490-025.

(2) It shall be unlawful for any person to cause or al low:

(a) The application of any primer or topcoat to aerospa ce components which contains in

excess of:

(i) 650 grams of VOC per liter of primer, less water, as applied.

(ii) 600 grams of VOC per liter of topcoat, less water, as applied.

(b) The application of any temporary protective coating to aerospace components that contains more than 250 grams of VOC per liter of ma terial, less water, as applied.

(c) The use of VOCs of composite vapor pressure of 10.4 kPa (1.5 psia) or greater at a temperature of 21.1  C (70  F) for surface preparation or cleanup, excluding pa int

removal.

(d) The use of VOCs for the cleanup of spray equipment used in aerospace component coating operations unless 85 percent of the VOCs by weight, are collected and disposed so that they are not emitted to the atmosphere.

(e) The use of a stripper which contains more than 400 grams of VOC per liter or has a composite vapor pressure of VOCs more than 1.3 kPa (0.19 psia) at 21.1  C (70  F).

(3) The emission limits of paragraph (2) shall be achie ved by:

(a) The application of reasonably available low solve nt coating technology;

(b) A vapor collection and disposal system; or

(c) An equivalent method of VOC reduction certified b y the owner(s) or operator(s) and approved by ecology.

(4) The provisions of WAC 173-490-208 (2)(a) and (2)(b) shall not apply to the following

materials:

(a) Coatings for masking in chemical etching operations

,

(b) Adhesive bonding primer,

(c) Flight test coatings,TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 5

(d) Space vehicle coatings, or

(e) Fuel tank coatings.

(5) Upon the submission of an alternative coating evalu ation, ecology may determine that a reasonably available low solvent coating does exist for a given application and may exempt the coating from requirements of WAC 173-490-208. All alternative coating evaluations shall contain, as a minimum:

(a) Types of products to be coated,

(b) Types of coatings evaluated,

(c) Results of performance tests,

(d) Status of research into development of low VOC coat ings for the application,

(e) Feasibility of installing control equipment,

(f) Mitigating measures that could be implemented to reduce VOC emissions.

State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-492 MOTOR FUEL SPECIFICATIONS FOR OXYGENATE D GASOLINE

173-492-010 Policy and Purpose.

The purpose of this regulation is to reduce carbon monoxide emissions from gasoline powered motor vehicles, through the wintertime use of oxyge nated gasolines.

State effective: 10/19/96; EPA effective: 6/30/97

173-492-020 Applicability.

This regulation shall apply to all gasoline offered for sale in the control areas and over the control periods defined in WAC 173-492-070.

State effective: 12/1/92; EPA effective: 6/30/97TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 6

173-492-030 Definitions.

The following words and phrases shall have the foll owing meanings:

"Authority" means an air pollution control authority activated pursuant to chapter 70.94 RCW that has jurisdiction over the subject source.

"Blender" means a person who owns oxygenated gasoline which is sold or dispensed from an oxygenate blending facility for use in a control ar ea during a control period.

"Control area" means an area in which only oxygenated gasoline und er the oxygenated gasoline program of this chapter may be sold or dispensed. Each control area is a county or group of counties administered by a separate air pollution c ontrol authority.

"Control period" means the period during which oxygenated gasoline must be sold or dispensed

within the control area.

"Ecology" means the Washington state department of ecology.

"Gasoline" means any fuel sold for use in motor vehicles and m otor vehicle engines, and commonly known or sold as gasoline.

"Large volume blender" means blenders that blend and offer for sale or se ll one million gallons or more, but less than fifteen million gallons, of oxygenated gasoline per month on average during a control period within a control area.

"Medium volume blender" means blenders that blend and offer for sale or se ll one hundred thousand gallons or more, but less than one million gallons, of oxygenated gasoline per month on average during a control period within a control ar ea.

"Oxygenate" means any substance which, when added to gasoline, increases the amount of oxygen in the gasoline blend. Lawful use of any co mbination of these substances requires that they be "substantially similar" under section 211 ( f)(1) of the federal Clean Air Act (CAA), or be permitted under a waiver granted by the Administrat or of the Environmental Protection Agency under the authority of section 211 (f)(4) of the CA A.

"Oxygenated gasoline" means gasoline which contains a measurable amount o f oxygenate, generally an alcohol or ether.

"Small volume blender" means blenders that blend and offer for sale or sel l less than one hundred thousand gallons of oxygenated gasoline per month on average during a control period

within a control area.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 7

"Very large volume blender" means blenders that blend and offer for sale or sel l fifteen million gallons or more of oxygenated gasoline per month on average during a control period within a

control area.

State effective: 12/1/92; EPA effective: 6/30/97

173-492-040 Compliance Requirements.

(1) Retail sales. No gasoline intended as a final product for fueling of motor vehicles within the control areas and control periods as defined in WAC 173-492-070 shall be offered for sale, sold or dispensed by any person unless the gasoline has at least 2.0% oxygen content by weight.

(2) Average blend requirements. Over each two-month in terval during the control period, gasoline intended as a final product for fueling of motor vehicles within the control areas defined in WAC 173-492-070 supplied by blenders to purchase rs within the control areas defined in WAC 173-492-070 shall average at least 2.7% oxygen by w eight, and in no case be less than 2.0% oxygen content by weight.

(3) Reports. Blenders shall provide periodic reports, as stipula ted in the blenders registration, to ecology or the authority summarizing how the requir ements of subsection (2) of this section were met. With prior approval from ecology or the autho rity, a credit trading program may be used to comply with these requirements. Such reports shall be on forms provided by ecology or the authority.

State effective: 12/1/92; EPA effective: 6/30/97

173-492-050 Registration Requirements.

Each blender shall register with ecology or the aut hority each year, in each control area where a blender offers for sale, sells, or dispenses gasoli ne. Each request for registration shall be on form s supplied by ecology or the authority and shall be a ccompanied by a fee to compensate for the cost of administering the registration program, includin g on-site inspections necessary to verify compliance with these requirements. The location o f each blender facility shall be included in the information provided by the blender at registration . The fee may be based on the volume of oxygenated gasoline sold or offered for sale by the blender in that control area to comply with the provisions of WAC 173-492-040, including separate f ee categories for small, medium, large and very large volume blenders.

Registration fees shall be set by regulation by eco logy or the authority.

State effective: 10/19/96; EPA effective: 6/30/97TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 8

173-492-060 Labeling Requirements.

In addition to other labeling requirements, fuel di spensing systems delivering oxygenated gasoline shall be conspicuously labeled during the control p eriods and in the control areas stated in WAC

173-492-070 as follows:

"The gasoline dispensed from this pump is oxygenate d and will reduce carbon monoxide pollution

from motor vehicles."

State effective: 12/1/92; EPA effective: 6/30/97

173-492-070 Control Areas and Control Periods.

Beginning in 1992, the oxygenated gasoline requirem ents of this chapter shall apply to the following control area during the following control period:

Control Period

Control Area County Beginning Ending

Spokane Spokane September 1 February 29

Upon approval by EPA, the control period for Spokane will be from October 1 to February 29.

State effective: 10/19/96; EPA effective: 6/30/97

173-492-080 Enforcement and Compliance.

(1) Compliance with the requirements of this section sh all be monitored and enforced by ecology or the authority. Noncompliance shall be subject t o the penalties and other remedies provided in chapter 70.94 RCW.

(2) Ecology or the authority may designate any approp riate agency of the state to assist in the compliance monitoring of this regulation. Ecology shall make every effort to coordinate compliance monitoring of this regulation with the c urrent duties of the department of agriculture division of weights and measures.

(3) Compliance with the standards set forth in this sec tion shall be determined by use of testing methods approved by ecology. The maximum accuracy tolerance of this method shall be limited to .+/-0.3% oxygen by weight, or an equivalent tole rance when measured by volume.TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11 9

State effective: 12/1/92; EPA effective: 6/30/97

173-492-090 Unplanned Conditions.

An unplanned condition, such as an unforeseen emerg ency or "act of God," which may interfere with compliance to this chapter, shall be reported to ecology or the authority as soon as possible. The responsible party shall also submit a full writ ten report within ten days to ecology or the authority, including the known causes, the correcti ve actions taken, and the preventive measures to

be taken to minimize or eliminate the chance of rec urrence. Compliance with the requirements of this section does not relieve the responsible party from the responsibility to maintain continuous compliance with all the requirements of this chapte r nor from the resulting liabilities for failure to comply. Ecology or the authority must consider the circumstances of the unplanned condition, and may use the circumstances when determining enfo rcement.

State effective: 12/1/92; EPA effective: 6/30/97

173-492-100 Severability.

The provisions of this regulation are severable and if any provision is held invalid, the application of such provision to the other circumstances and th e remainder of this regulation shall not be

affected.

State effective: 12/1/92; EPA effective: 6/30/97