Table 3 -- Northwest Clean Air Agency Regulations – page 1 Table 3 -- Northwest Clean Air Agency Regulations

GENERAL PROVISIONS

SECTION 100 - NAME OF AUTHORITY

100.1 The multi-county agency, consisting of Is land, Skagit and Whatcom Counties, having been formed pursuant to the Washington St ate Clean Air Act RCW 70.94, shall be known and cited as the "Northwest Air Pollution Authority ", and hereinafter may be cited as "NWAPA".

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 101 - SHORT TITLE

101.1 This Regulation may be known and cited as the "Regulation of the Northwest Air Pollution Authority".

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 102 - POLICY

102.1 It shall be the policy of the NWAPA to secure and maintain such levels of air quality as will protect human health and safety, prevent injury to plant and animal life and to property, and

foster the comfort and convenience of the inhabita nts of this area in orde r to facilitate their enjoyment of the area's natural beauty and thus promote economic and social well being.

102.2 In order to carry out the requirements of the Washington Clean Air Act and to provide uniform administration and enforcement, the NWAP A adopts the following policies, procedures, standards, prohibitions, and ambi ent air quality objectives.

The establishment of control procedures, compliance schedules, emission and ambient air standards, and prohibitions are the administrative means of achieving this goal.

102.3 Guidelines. In carrying out its respons ibilities for air pollution c ontrol the Authority is concerned with the interrelationship of land use, activities of people, and industries since each of

these contribute to the overal l air pollution problem. The ongoing program carried out by the Authority attempts to seek solutions to existing problems and to develop st rategies for prevention of problems as the area of jurisdiction experience s growth and change. To accomplish this best, it is necessary for the Authority to enter into the planning stag es of domestic and industrial development and to participate with other agencies in decisi ons on location of population and

industrial centers consider ing the kinds of air contaminants th ese may emit in relation to those from surrounding areas. Coordination with air pollution authorization a nd other agencies in contiguous areas is necessary.

In the development of strategies , it is necessary to consider th ree very interrelated areas andTable 3 -- Northwest Clean Air Agency Regulations – page 2 develop appropriate guidelines for:

a. Minimal degradation of air quality. b. Implementation of land use and zoning. c. Population density control.

102.4 Minimal Degradation Guidelines. It shall be the policy of the Authority not to allow the atmosphere to degrade below the levels set out by appropriate air quality objectives. These are the points where the health, comfort, and convenien ce of the individual is assured and the effects of air pollution are known not to occur. To achieve this objective, it sha ll be necessary, when growth or change occurs, to:

102.41 Require the best practical technology for those who locate here or are required to upgrade their facilities.

102.42 Allow expansion of an area only if th e probable emissions of the newcomers, when added to those from presently existing faci lities, are not likely to cause violations of existing ambient air standards.

102.5 Land Use Planning and Zoning. Zoning is the most effective way to regulate land use. The practice in land use planning to allocate certain districts fo r particular uses can create a problem.

By locating too many units which emit similar type s of pollutants in one area, a problem may be created which would ordinarily not exist or be of minimal consequence if the units were more

scattered.

Air pollution control author ities have a responsibility to minimi ze the impact of air contaminants and to keep the air basins within the authority's jurisdiction below the air quality objectives even under the most adverse meteorological conditio ns. The Authority thus has a planning responsibility in terms of warning and insuring that incompatible la nd uses do not occur. It is the policy of the Authority to work with other agencies to assure that:

102.51 Incompatible land uses are discouraged.

102.52 Zones are intermixed in such a way that air pollution problems may be minimized.

102.53 Zones are not made so large that air pollution problems are created by locating too may units with similar emissions. In industria l zones, the industries should be dissimilar

in nature to minimize the concentr ation of a single contaminant.

102.6 Population Density Control. In land use planning the densit y of use is an important factor to consider along with the type of zone degradation. In problem areas, often times the type of zone is not at fault but too many units of a given type are allowed.

It shall be the policy of the Authority, in or der to minimize the population density problem to

recommend that:Table 3 -- Northwest Clean Air Agency Regulations – page 3 102.61 Zones should be intermixed in such a way that high density zones are intermixed with low density zones so as to reduce air contaminant output.

102.62 As the density of zones becomes gr eater, consideration must be given to restricting the number of units a given zone can accommodate.

102.63 Concentrations of population or industr ies be allowed only up to the point where there is reason to believe that the air quality objectives in a given air basin are not likely to

be exceeded.

State effective: 9/8/93, EPA .effective: 4/24/95

SECTION 103 - DUTIES AND POWERS

103.1 Pursuant to the provisions of the Wa shington Clean Air Act RCW 70.94 and RCW 43.21A and 43.21B, the Board may take such reasonable action as may be necessary to prevent air pollution which may include control or measurem ent of emissions of air contaminant from a

source.

The Board shall appoint a Control Officer competent in the field of air pollution control whose sole responsibility shall be to observe and enforce the provisions of a ll ordinances, orders, resolution, or rules and regulations of this Authority pertaining to the cont rol and prevention of air pollution. The Board shall establish such procedures and ta ke such action as may be required to implement

Section 102 in a manner consistent with th e State Act and other applicable laws.

103.2 The Board shall require that the Control Offi cer maintain appropriate records and prepare periodic reports.

103.3 The Board shall receive minutes of meeti ngs of the Advisory Council as required. The decisions of the Advisory Council shall be forwar ded to the Board in writing and shall include minority opinions in cases of serious disagreement.

103.4 The Control Officer is empowered by the board to sign official complaints and/or issue violations and/or apply to any c ourt of competent jurisdiction for necessary orders and with Board approval or ratification, commence legal action. Nothing herein cont ained shall be construed to limit the Control Officer from using any other legal means to enforce the provisions of the Regulations of this Authority.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 104 - ADOPTION OF STATE and FEDERAL LAWS and RULES

104.1 All provisions of State Law as it now exis ts or may be hereafter amended, which is pertinent to the operation of the Authority is he re by adopted by reference and made part of the Regulation of the Authority as of October 13, 1994. Specifically, there is adopted by reference the Washington State Clean Air Ac t (RCW 70.94), the Administrative Procedures Act (RCW 34.04)Table 3 -- Northwest Clean Air Agency Regulations – page 4 and RCW 43.21A and 43.21B and the followi ng state rules: WAC 173-400, WAC 173-401, WAC 173-405, WAC 173-410, WAC 173-415, WAC 1 73-420, WAC 173-421, WAC 173-422, WAC 173-425, WAC 173-430, WAC 173-433, WAC 1 73-434, WAC173-435, WAC 173-450, WAC 173-460, WAC 173-470, WAC 173-474, WAC 1 73-475, WAC 173-480 , WAC 173-481, WAC 173-490, WAC 173-491, WAC 173-492, WA C 173-495, and WAC 173-802.

104.2 All provisions of the following federal rules are hereby adopted by reference and made part of the Regulation of the Aut hority as of October 13, 1994: 40 CFR Part 60 (Standards of

Performance For New Stationary Sources) subparts A, B, C, Ca, Cb, D, Da, Db, Dc, E, Ea, F, G, H, I, J, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, AAA, BBB, DDD, FFF, GGG, HHH, III, JJJ, KKK, LLL, NNN, O OO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV; and 40 CFR Part 61 (National Emission Standards For Hazardous Air Pollutants) Subparts A, B, C, D, E, F, H, J, K, L, M, N, O, P, Q, R, T, V, W, Y, BB, FF and 40 CFR Part 63 (Nation al Emission Standards for Hazardous Air Pollutants for Source Categories) Subpa rts A, B, C, D, F, G, H, I, L, M, and Q.

State effective: 11/13/94, EPA effective 12/26/95

SECTION 105 - SEPARABILITY

105.1 If a section of the Regulation of this Au thority is declared unconstitutional or the application thereof to any person or circumstance is held invalid, the constitutionality or validity of every other provisions of the Re gulation of this Authority sha ll not be affected thereby.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 106 - PUBLIC RECORDS

106.1 The purpose of this section is to implement the requirements of RCW 42.17.250– 42.17.320 (Public Disclosure Law--Public Records).

106.2 Definitions

106.21 The terms "agency", "public record", an d "writing" shall have the same meaning

as stated in RCW 42.17.020.

106.3 Public records available

106.31 All public records of the Authority are available for public inspection and copying

at its office located at 302 Pine Street , #207, Mount Vernon, Washington 98273 pursuant to these rules subject to subsections 106.32, 106.33, and 106.34 of this section.

106.32 Availability of public records is s ubject to exemptions and requirements of

RCW42.17.310.

106.33 When a public record includes informati on, the disclosure of which would lead to an unreasonable invasion of personal privac y, and the Authority becomes aware of this fact, the Authority shall delete such inform ation before making the record available.Table 3 -- Northwest Clean Air Agency Regulations – page 5 106.34 Public records requested ma y not be readily available for immediate inspection. If the requested records are not readily availabl e, the Authority shall notify the requester

when such records will be available.

106.4 Records Index. The Authority does not maintain an index of just the publ ic records listed in RCW 42.17.260. The Authority's Board of Directors are of the opini on that the establishment of such an index would be unduly burdensome and inte rfere with the Authority's operation because a significant and integral portion of the Authority's records are exempt from public inspection and copying pursuant to RCW 42.17.310. The release of such records would be an unreasonable invasion of personal privacy or the violation of the confidentiality of records and information provisions of the State Clean Air Act (RCW 70.94.205).

The Authority is in substantive compliance with RCW 42.17.260 by making available for public inspection and copying public record s listed in RCW 42.17.260 (2) (a), (b ), (c), (d), (e), and (f). These include promulgated regulations of the Aut hority, final opinions made in adjudicated cases,

minutes and resolutions of the Board of Directors, monthly activity reports, policy memorandums of the Control Officer, logs of Notice of Violatio ns issued, upset, breakdown and startup reports, assessment of penalties, index of registered s ources, annual emission i nventories and summaries of ambient air monitoring data, annual state a nd federal grant applicatio ns, including the annual program plan, certification to operate, inspection reports for air pollution sources, variance and

notice of construction re cords with confidential records and information deleted in accordance

with RCW 70.94.205.

The Control Officer or designee shall assist any pe rson to obtain public records requested from the Authority's record files.

106.5 Request for public records.

106.51 All requests for inspection or copying made in person at the Authority office shall be made on a form substantially as follows:

106.52 REQUEST FOR PUBLIC RECORDS Date of Request: ________________________ Time:________________________________ Name: ______________________________________________________________________ Address: ____________________________________________________________________ City, State, Zip: _______________________________________________________________ Telephone No: ________________________________________________________________ Description of Records Requested: ________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

____________________________________________________________________________

______________________________________________________________________________

I certify that lists of names obtained through this request for public records will not be used for political or commercial purposes.Table 3 -- Northwest Clean Air Agency Regulations – page 6 Signature: ____________________________________________________________________

FOR AUTHORITY USE:

Number of Copies: ___________________________________________ Number of Pages: ____________________________________________ Per Page Charge: $___________________________________________ Total Charge: $______________________________________________

All requests made in person may be made at the Authority Office between the hours of 9:00 a.m. to 12:00 Noon and 1:00 p.m. to 4:00 p.m., Monday th rough Friday, excludin g legal holidays. A request for inspection or copying of public reco rds may be made by mail in a letter containing the following information: (a) The name and address of the person making the request and the organization the

person represents. (b) The time of day and calendar date on wh ich the person wishes to inspect the publish

records. (c) A description of the public records requested. (d) A statement whether access to copying equipment is desired. (e) A phone number where the person can be reached in case the Control Officer or designee needs to contact the person for furthe r description of the material or any other

reason. (f) A statement that the record will not be used for comm ercial purposes.

All requests by mail must be received by the Author ity at least three business days before the requested data of inspection to a llow the Control Officer or design ee to make certain the requested records are available and not exempt and, if necessary, to contact the person requesting inspection.

The Authority may in its discreti on fill requests made by telephone.

106.6 Fees. No fee shall be charged for the inspec tion of public records. For printed, typed and written material a maximum size of 8 1/2" by 14" , the Authority shall charge a reasonable fee, determined from time to time by the Control Officer , for providing copies of public records and for use of the Authority's copy equipment, payable at th e time copies are furnished. This charge is the amount necessary to reimburse the Authority for its actual costs incident to such copying. Copies of maps, photos, reports, and ot her nonstandard items shall be furnished at the regular price established by the Authority. When other specia l copy work for nonstandard items is requested, the fee charged will reflect th e total cost, including the time of Authority personnel.

106.7 Statement of reason for denial of public reco rds request. When the Authority refuses, in whole or part, a written request fo r inspection of any public record, it shall include a statement of the specific exemption authorizing the refusal and a brief explanation of how the exemption applies to the record withheld.

106.8 Reviews of denials of public records request.Table 3 -- Northwest Clean Air Agency Regulations – page 7 106.81 Any person who objects to the refusal of a written request for a public record may petition for prompt review of such decision by tendering a written re quest for review. The written request shall specifically refer to th e written statement by the Control Officer or designee which constituted or accompanied the refusal.

106.82 Immediately after receiving a written re quest for review of a decision denying a public record, the Control Officer or design ee denying the request shall refer it to the Employer Committee of the Authority Board of Directors. The committee shall promptly

consider the matter and either affirm or reve rse such refusal. The final decision shall be sent to the objecting persons.

106.9 Protection of public records. In order to adequately prot ect the public records of the Authority, the following guideli nes shall be adhered to by an y person inspecting such public

records:

106.91 No public records shall be remove d from the Authority premises.

106.92 Inspection of any public record shal l be conducted in the presence of a designatedAuthority employee.

106.93 No public records may be marked or defaced in any manner during inspection.

106.94 Public records, which are maintained in a file or jacket, or chronological order, may not be dismantled except for purposes of copying and then only by the Control Officer or designee.

106.95 Access to file cabinets, shelves, vaults, and other storage areas is restricted to Authority personnel, unless other arrangement s are made with the Control Officer or designee.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 110 INVESTIGATION AND STUDIES

110.1 The Control Officer and/or his qualified agen ts may make any reasona ble investigation or study which is necessary for the purpose of stan dards or any amendments thereto on reducing the

amount or kind of contaminant.

110.2 When investigating conditions specific to the control, recovery or release of air contaminants, the Control Officer or his duty aut horized representatives shall have the power to enter at reasonable times upon any private or publ ic property, except non- multiple unit private dwellings housing two families or less.

110.3 If an authorized employee of the Authority, during the course of an inspection desires to obtain a sample of air contaminant, he shall no tify the owner or lessee of the time and place of obtaining a sample so the owner or lessee has the opportunity to take a similar sample at the same time and place. A receipt shall be given to the owner or lessee for the sample obtained.

State effective: 9/8/93, EPA effective: 4/24/95Table 3 -- Northwest Clean Air Agency Regulations – page 8 SECTION 111 - INTERFERE NCE OR OBSTRUCTION

111.1 No person shall willfully interfere with or obstruct the Control Officer or any Authority employee and/or assigned agent in carrying out any lawful duty.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 112 - FALSE AND MISLEADI NG ORAL STATEM ENT: UNLAWFUL

REPRODUCTION OR ALTERATION OF DOCUMENTS

112.1 No person shall willfully make a false or mi sleading oral statement to the Board as to any matter within the jurisdiction of the Board.

112.2 No person shall reproduce or alter or caus e to be reproduced or altered any order, registration certificate, or other paper issued by the Authority if the purpose of such reproduction

or alteration is to evade or viol ate any provision or Regul ation of this Authorit y, or any other law.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 113 - SERVICE OF NOTICE

113.1 Service of any written notice required by the Re gulation of this Author ity shall be made on the owner or lessee of equipment, or his registered agent, as follows:

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

113.12 By leaving notice with the owner or lessee of the equipment, or his registered agent, or if the owner or less ee is not an individua l, with a member of the partnership or other group concerned, or with a managing o fficer or the registered agent of the corporation under RCW 23A.08 or RCW23A.32 as now or hereafter am ended for domestic and foreign corporations respectively.

113.2 Service of any written notice required by the Re gulations of this Authority shall be made on the Authority as follows:

113.21 Either by mailing the notice in a prepaid e nvelope directed to the Authority at its office by United States Certified Mail, return receipt requested; or

113.22 By leaving the notice at the Authority o ffice with an employee of the Authority.

113.3 Any individual, owner, less ee, managing officer or regist ered agent of any business, corporation or government agency coming under the Regulations of this Authority may be required to submit evidence that said person is au thorized to sign and execute documents on behalf of said corporation, business or government agency.

State effective: 9/8/95, EPA effective: 4/24/95

SECTION 114 CONFIDENTIAL INFORMATIONTable 3 -- Northwest Clean Air Agency Regulations – page 9 114.1 Whenever any records or other information other than ambient air quality data or emission data furnished to or obtained by the Authority purs uant to any sections in the State Act as now or hereafter amended, relates to pr ocesses or production unique to th e owner or operator, or are likely to affect adversely the co mpetitive position such owner or operator of such processes or production may so certify and request that such r ecords or information be made available only for

the confidential use of the Board, the Advisory C ouncil, and Authority staff.

The Board shall give consideration to the request a nd if such action would not be detrimental to the public interest and is otherwise within accord with the policies a nd purposes of the Regulation of this Authority and with State Laws, may grant th e same. Nothing herein shall be construed to prevent the use of records or information by the Board, the Advisory Council, or staff in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere; PROVIDED, that such analyses or summarie s do not reveal any information otherwise confidential under the provision of this Section. No member of the Board, Advisory Council, or staff of the Authority shall have access to any confidential information in which they may, in the opinion of the Board, have a conflict of intere st; PROVIDED FURTHER, that emission data furnished to or obtained by the Board shall be co rrelated with applicable emission limitations and

other control measures and shall be available fo r public inspection during normal business hours at the office of the Authority.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 120 - HEARINGS

120.1 The Board shall retain authority to hold hearings, issue subpoe nas for witnesses and evidence, and take testimony under oa th and do all things not prohibi ted by or in a conflict with state law, in any hearing held under the Regulations of this Authority.

120.11 The Board shall admit and give probati ve effect to evidence which possesses probative value commonly accepted by reasonabl e prudent persons in the conduct of their affairs. The Board shall give effect to the ru les of privilege recognized by law. The Board shall exclude incompetent, irrelevant, im material and unduly repetitious evidence.

120.12 All evidence, including but not limited to records, and documents in the possession of the Board of which it desired to av ail itself, shall be o ffered and made a part of the record in the case, and no other factual information or evidence shall be considered

in the determination of the case. Documentar y evidence may be received in the form of copies or excerpts, or by incorporation by reference.

120.13 Every party shall have th e right to cross-examinati on of witnesses who testify, and shall have the right to submit rebuttal evidence.

120.14 The Board may take notice of judicially cognizable facts and in addition may take notice of general, technical, or scientific f acts within their specialized knowledge. Parties shall be notified either before or during hear ing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed. The Board may utilize th eir experience, technica l competence, and theTable 3 -- Northwest Clean Air Agency Regulations – page 10 specialized knowledge in the evaluation of the evidence presented to them.

120.2 Any hearings held under this section, under the Washington Clean Air Act (RCW 70.94) or RCW 43.21A and 43.21B shall be pursuant to the provisions of RC W 34.04.100 as now or

hereafter amended.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 121 - ORDERS

121.1 If the Board or Control Officer has reason to believe that a ny provision of this Regulation has been violated, the Board or Control Officer, may, in addition to any other remedy of law, issue an order, or orders, that the necessary correctiv e action be taken within a reasonable time. Such order or orders may advise methods for the prevention, abatement or control of the emission involved for taking of such other co rrective actions as may be appropriate. Any order or orders issued as a part of a notice or indepe ndently may prescribe the date or dates by which the

violation or violations shall cease and may prescribe time sche dules for necessary action in preventing, abating or controlling the emissions, and shall be repor ted to the Board at its next regular meeting.

121.2 In lieu of an order the Boar d may hold a hearing to determine if a violation has occurred or is occurring and is a finding is ma de that a violation has occurred may issue an order under Section 121.1 of this Regulation.

121.3 In lieu of an order the Board or Control Offi cer may require that th e alleged violator or violators appear before the Heari ngs board pursuant to State Law.

121.4 Any orders issued by the Board or Control O fficer are subject to appeal under Section 122 of this Regulation.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 122 - APPEALS FROM ORDERS OR VIOLATIONS

122.1 Any order or notice of viola tion issued by the Board or Cont rol Officer shall become final unless, no later than thirty (30) days after the date that noti ce and order are served, the person aggrieved by the order or notice of violation ap peals to the Hearings Board as provided by State

Law.

122.2 Any order issued by the Board af ter a hearing shall become final unless no later than thirty (30) days after the issuance of such order, a petition requesting judicial review is filed in accordance with the provisions Chapter 34.04 RCW as now or hereafter amended. When such a petition is filed, the Superior Court shall init iate a hearing pursuant to RCW 34.04.130 within ninety (90) days after the receip t of the petition requesting judici al review. Every appeal from a decision of the Superior Court shall be heard by th e appropriate appellate court as soon as possible. Such appeal shall be considered a case involving issues of broa d public import re quiring prompt

and ultimate determination.

State effective: 9/8/93, EPA effective: 4/24/95Table 3 -- Northwest Clean Air Agency Regulations – page 11 SECTION 123 - STATUS OF ORDERS ON APPEAL

123.1 An order of the Board or Control Officer i ssued under the Authority of Section 121 may be appealed. Such appeal must be filed with the Pollution Control Hearings Board and served on the Authority within 30 days after mailing of the order. This is the exclusive means of appeal of such

an order.

123.2 The order shall remain in e ffect during the pendency of such appeal unless the Board or Control Officer, at their discretion, issue an Order staying the effectiv eness of the original order.

123.3 The appellant may also apply to the Hearings Bo ard at any time for a stay of such order.

123.4 Such notice of appeal must cont ain the following information:

(a) The appellant's name and address. (b) The date and docket number of the order, permit or license that is subject to the appeal. (c) Description of the substance of the order, permit or license that is the subject of the appeal. (d) A clear, separate and concise statement of each error alleged to have been committed. (e) A clear, separate and concise statemen t of facts upon which the appellant relies to

sustain the statements of error. (f) A statement setting forth the relief sought.

123.5 The Board or Control Officer may request atto rney for the Authority to bring action in Superior Court, and attorney, upon request, shall br ing an action in Superior Court of the county where the violation has occurred, or the violati on may occur, to obtain any such relief as is necessary to insure compliance with said order, including inj unctive relief. No bond shall be required from the Authority as a condition of granting any restraini ng order or temporary injunction.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 124 - DISPLAY OF ORDERS, CE RTIFICATES AND OTHER NOTICES:

REMOVAL OR MUTILATION PROHIBITED

124.1 Any order, registration certif icate or other certificate re quired to be obtained by the Regulations of this Authority shall be availa ble on the premises designated on the order or

certificate.

124.2 In the event that the Authority requires a notice to be displa yed; it shall be posted. No person shall mutilate, obstruct or remove any notice unless authorized to do so by the Board or the

Control Officer.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 130 - CITATIONS - NOTICES

130.1 Whenever the Board or the Control Officer or his duly authorized agent has reason to believe that any provision relati ng to the control or prevention of air pollution has been violated,Table 3 -- Northwest Clean Air Agency Regulations – page 12 the Board or Control Officer or his duly authorized agent may cause written notice of this record to be served upon the alleged violator or violators. The notice shall specify the Regulation alleged to be violated, and the facts alleged to constitute a violation thereof.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 131 - VIOLATION - NOTICES

131.1 If the Board or Control Officer has reason to be lieve that a violation of this Regulation has occurred or is occurring, the Board or Control Of ficer may, with or without notice as specified in Section 130, cause written notice of violation to be served upon the alleged violator and the facts alleged to constitute a violation thereof. Written noti ce shall be served at leas t thirty days prior to the commencement of any formal enfo rcement action under RCW 70.94.430 and 70.94.431.

131.2 The Board or Control Officer upon issuance of notice of violation may do any or all of the following:

131.21 Require that the alleged viol ator respond in writing or in person within ten (10) business days of the notice and specif y the corrective Action being taken.

131.22 Issue an order pursuant to Section 121 of this Regulation.

131.23 Initiate action pursuant to Sections 132, 133, 134 and 135 of this Regulation.

131.24 Hold a hearing pursuant to Section 120 of this Regulation.

131.25 Require the alleged violator or vi olators appear before the Board.

131.26 Avail itself of any othe r remedy provided by law.

131.3 Failure to respond as required in Section 131.21 shall constitute a pr ima face violation of this Regulation and the Board or Control Officer may initiate action pursuant to Section 132, 133, 134, 135 of this Regulation.

131.4 Any suspended civil penalty, i ssued under Section 133 of this Regulation, which is issued as part of a violation shall be applicable in future penalties ag ainst the same person for not more than two years from the date of the same suspension. After two y ears the suspended portion of the Penalty shall be considered void and of no force or e ffect, appeals notwithstanding.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 132 - CRIMINAL PENALTY

132.1 Any person who knowingly violates any of th e provisions of chapter 70.94 RCW or 70.120 RCW, or any ordinance, resolu tion, or regulation in force pu rsuant thereto, including the Regulation of the NWAPA, shall be guilty of a crime and upon conviction thereof shall be punished by a fine of not more than ten thousa nd dollars (10,000) per da y per violation, or by imprisonment in the county jail for not more than one year, or by both.Table 3 -- Northwest Clean Air Agency Regulations – page 13 132.2 Any person who negligently releases into the ambient air any s ubstance listed by the department of ecology as a hazar dous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction thereof shall be punished by a maximu m fine of not less than ten thousand dollars ($10,000) per day per violation, or by imprisonment for not more than one year, or both.

132.3 Any person who knowingly releases into the ambient air any substance listed by the department of ecology as a hazar dous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily ha rm, shall be guilty of a crime and shall, upon conviction thereo f shall be punished by a maximum fine of not less than fifty thousand dollars, or by imprisonment for not more than one year, or both.

132.4 Any person who knowingly fails to disclose a potential conflict of interest under RCW 70.94.100 shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a maximum fine or not less than five thousand dollars.

132.5 Any person who knowingly renders inaccurate any required monitoring device or method as required by 40 CFR 70.11(a)(3)(iii) shall be gu ilty of a crime and upon conviction thereof shall be punished by a fine of not less than ten t housand dollars ($10,000) pe r day per violation.

132.6 Any person who knowingly makes any false ma terial statement, representation, or certification in any form, in any notice or repo rt required by a permit, as required by 40 CFR 70.11(a)(3)(iii) shall be guilty of a crime and upon conviction thereof shall be punished by a

maximum fine of not less than ten thousand dollars ($10,000).

State effective: 11/13/94, EPA effective: 12/26/95

SECTION 133 - CIVIL PENALTY

133.1 In addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of Chapter 70.94 RCW, chapter 70.120 RCW, any of the rules in force under such chapters, including the Regulati on of the Northwest Air Pollution Authority shall be liable for a civil penalty in an amount of not more than eleven thousand dollars ($11,000) per day per violation. Each violation sh all be a separate and distinct offense, and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation. Any person who fails to take action as specified by an order shall be liable for a civil penalty of not more than eleven thousand dollars ($11,000) for each day of continued noncompliance.

133.2 Each act of commission or omission which proc ures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the same penalty. The penalty shall become due and payable when the person incu rring the same receives a notice in writing from the Control Officer of the Authority describing the viol ation with reasonable part icularity and advising such person that the penalty is due unless a request is made for a hear ing to the Hearings Board. Within fifteen days after the notice is r eceived, the person incurring the pe nalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Upon receipt of the application the

Control Officer shall remit or mitigate the penalty only upon a demonstration of extraordinaryTable 3 -- Northwest Clean Air Agency Regulations – page 14 circumstance such as the presence of information or factors not considered in setting the original penalty. If the amount of such penalty is not paid to the Authority w ithin thirty (30) days after receipt of notice imposing the same and request for a hearing ha s not been made, the attorney for the Authority, upon the request of the Control Officer, shall bring an action to recover such penalty in the Superior Court of Skagit County or of the County in which the violation occurred. All penalties recovered under this section by the Board shall be paid unto the treasury of the Aut hority and credited to its funds.

To secure the penalty incurred under this Section, th e Authority shall have a lien on any vessel used or operated in violation of this act whic h shall be enforced as provided in RCW 60.36.050.

133.3 Penalties incurred but not paid shall accrue interest, begi nning on the ninety-first day following the date that the penalty becomes due a nd payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due a nd payable. If violati ons or penalties are appealed, interest shall not begin to accrue until the thirty-first day following final resolution of the appeal.

The maximum penalty amounts established in this section may be increased annually to account for inflation as determined by the state office of the economic and revenue forecast council.

In addition to other penalties provided, persons knowingly under reportin g emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments, may be subj ect to a penalty equal to three times the amount of the original fee owed.

State effective: 11/13/94, EPA effective: 12/26/95

SECTION 134 - RESTRAINING ORDERS - INJUNCTIONS

134.1 Notwithstanding the existence or use of any other reme dy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provisions of the Regulations of this Authority, or any rule, regulation or order issued by the Board or the Control Officer or his authorized agent, the Bo ard, after notice to such person and an opportunity to comply, any petition the Superior Court of the County wherein the violation is alleged to be occurr ing or to have occurred, for a rest raining order or a temporary or permanent injunction or a nother appropriate order.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 135 - ADDITIONAL ENFORCEME NT - COMPLIANCE SCHEDULES

135.1 As an additional means of enforcing the Regul ations of this Authorit y the Board or Control Officer may accept an assurance of discontinuance of any act or practice d eemed in violation of these Regulations from any person engaging in, or who has engaged in, such an act or practice. Any such assurance shall specify a time lim it during which such disc ontinuance is to be accomplished. Failure to perform the terms of an y such assurance shall constitute prima facie proof of a violation of these Regulations or an or der and/or violation issued pursuant thereto which make the practice unlawful for the purpose of secu ring any injunction or ot her relief from the Superior Court as provided in Section 134.Table 3 -- Northwest Clean Air Agency Regulations – page 15 135.2 Any assurance of discontinuance or ot her compliance schedule shall specify, if appropriate, the amount of time required within th e overall time limit to accomplish each of the following:

135.21 When plans for compliance will be filed with the Authority.

135.22 When a notice of construction will be filed with the Authority.

135.23 When the necessary equipment will be or dered and verification that an order has been placed and when delivery of the equipment is expected.

135.24 When the equipment will be installed.

135.25 When the equipment will be tested for compliance with the Regulations.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 140 - REPORTING BY GOVERNMENT AGENCIES

140.1 State and Federal agencies, w ithin the jurisdiction of the Authority, which are required by State and Federal law to abide by the Regulations of this Authority shall notify this Authority, prior to construction of any facility which has the potential to create air pollution, the name and location of the agency involved, the nature of the construction and the type and quantity of equipment involved and the type an d quantity of pollutants involved.

140.2 All governmental agencies which lie wholly or partially within the jurisdiction of this Authority, including but not limited to city a nd county planning agenci es which recommend or adopt land-use and zoning regulations including th e issuance of variances such as conditional or special use permits for the construction of any fa cilities which they have reason to believe may emit air pollutants; shall notify this Authority of any such action or construction prior to recommending or adopting of such regulations or the issuance of any such permits.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 145 - MOTOR VEHIC LE OWNER RESPONSIBILITY

145.1 Whenever an act or omission is declared un lawful under this Regulation, with respect to the operation of a licensed motor vehicle, operating of f the public roadways, if the operator of the

vehicle is not the owner of such vehicle but is so operating or moving the same with the express consent or implied permission of the owner, then th e operator and or owner sh all both be subject to the provisions of this Regulation with the prim ary responsibility to be that of the owner.

145.2 Whenever an act or omission is declared unl awful with respect to the operation of a non-highway mobile source if the op erator of the vehicle is not th e owner of such vehicle but is operating or moving the same with the express consent or implied permission of the owner, then the operator and/or owner shall bot h be subject to the provisions of this Regulation with the primary responsibility to be that of the owner.

State effective: 9/8/93, EPA effective: 4/24/95Table 3 -- Northwest Clean Air Agency Regulations – page 16 SECTION 145 - MOTOR VEHIC LE OWNER RESPONSIBILITY

145.1 Whenever an act or omission is declared un lawful under this Regulation, with respect to the operation of a licensed motor vehicle, operating of f the public roadways, if the operator of the

vehicle is not the owner of such vehicle but is so operating or moving the same with the express consent or implied permission of the owner, then th e operator and or owner sh all both be subject to the provisions of this Regulation with the prim ary responsibility to be that of the owner.

145.2 Whenever an act or omission is declared unl awful with respect to the operation of a non-highway mobile source if the op erator of the vehicle is not th e owner of such vehicle but is operating or moving the same with the express consent or implied permission of the owner, then the operator and/or owner shall bot h be subject to the provisions of this Regulation with the primary responsibility to be that of the owner.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 150 - POLLUTANT DISCLOSURE - REPORTING BY AIR CONTAMINANT

SOURCES

150.1 Every person operating a Class A registered air contaminant source or a source subject to the operating permit program shall file annually at a time determined by the Authority and on forms furnished by the Authority a report setting forth:

150.11 The nature of the enterprise.

150.12 A list of process materials which are potentially significant sources of emissions used in, and incidental to, its manufacturing processes, including by-products and waste products.

150.13 The estimated annual total production of wa stes discharged into the air in units and contaminants designated by the Authorit y. Annual emission reports shall be submitted to the NWAPA within120 days after the end of the previous calendar year. If the emission report is not submitted by the required date and the emissions are used to determine operating permit fees as describe d in Section 324.126 then potential to emit will be used to

determine said fees.

150.2 Every person operating a regi stered source other than Cl ass A may be required by the Control Officer to submit periodic re ports as in 150.1 if there is a si gnificant change or increase in pollutant emissions.

150.3 Notwithstanding any exemptions under these Regulations or State or Federal laws, any source or sources which directly or indirectly contributes ai r contaminants to within the jurisdictional area of the Authority may be required to report annually to the Control Officer, at a time selected by the Control Officer, and on forms provided by the Control Officer, such emission production or sales data and quant ities as may be required to estimate the emissions from the

various air contaminant sources. Data will be held confidential under Section 114 if so stipulated by the owner or manager and meets the requirements of same. Such sources include, but are not limited to, dealers in gaseous liqui d or solid fossil fuels for public consumption in motor vehiclesTable 3 -- Northwest Clean Air Agency Regulations – page 17 or for space heating purposes.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 180 - SAMPLING AND ANAL YTICAL METHODS - REFERENCES

180.1 Sampling and analytical methods used sh all be current applicable Environmental Protection Agency and/or Department of Ecol ogy Reference Methods or an equivalent method and/or a method specifically approved by the Control Officer.

State effective: 9/8/93; EPA effective: 4/24/95

DEFINITIONS

SECTION 200 - DEFINITIONS

AGRICULTURAL OPERATION - The growth of crops, the raisi ng of fowl, animals or bees as a gainful occupation.

AIR CONTAMINANT - Means dust, fumes, mist, smoke, ot her particulate matter, vapor gas, odorous substance, or any combination thereof

.

AIR CONTAMINANT SOURCE - Is a point or points from which one or more air contaminants originate.

AIR POLLUTION - Is present in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such ch aracteristics and duration as is, or is likely to be, injurious to human health, plant, or animal life, or property, or which unreasonably inte rfere with enjoyment of life and property.

AIR QUALITY OBJECTIVE -The concentration and exposure time of one or more air

contaminants in the ambient air below whic h, according to available knowledge, undesirable

effects will not occur.

AIR QUALITY STANDARD -An established con centration, exposure time and frequency of

occurrence of one or more air contaminants in the ambient air which shall not be exceeded.

ALTERATION

- Any addition to or enlargement or repl acement of; or any major modification or fuel change or change of design, capacity, pro cess or arrangement, or any increase in the connected loading of, equipment or control fac ility which may, in the opinion of the Control Officer, increase or adversely affect the kind or amount of air contaminant emitted or which results in the emission of any air pollutant not previously emitted for which ambient or emission standards

are in effect.

AMBIENT AIR - The surrounding outside air.

AMBIENT AIR MONI TORING STATION - A station so designated by the Control Officer for the purpose of measuring air contaminant concentra tions in the ambient air. The station location and sampling probe locations shall be designated by the Control Officer u tilizing as a guide CFRTable 3 -- Northwest Clean Air Agency Regulations – page 18 Title 40, Part 58, Appendix "D" Network Design and Appendix "E" Probe Siting Criteria.

AUTHORITY - Northwest Air Pollution Authority (NWAPA).

BEST AVAILABLE CONTROL TECHNOLOGY (BACT ) - An emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under Chapter 70.94 RCW emitted from or which results from any new or modified stationary source, which the permitting authority, on a case-by-base basis, ta king into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fu els, or treatment or innovative fuel combustion techniques for control for each such pollutant. In no event shall application of the “best available control technology” result in emissions of any pollutant s which will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 61, as they exist on October 13, 1994, or their later enactments as adopted by reference by the Control Officer by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed

to increase above levels that would have been required under the definition of BACT in the Federal Clean Air Act as it existed prior to en actment of the Clean Air Act Amendments of 1990.

BEST AVAILABLE RETROFIT TECHNOLOGY (BART ) - An emission limitation based on the degree of reduction achievable through the ap plication of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case -by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any polluti on control equipment in use or in existence at the source, the remaining useful life of the source, and the de gree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.

BOARD - Board of Direct ors of the NWAPA

.

BUSINESS ESTABLISHMENT - A facility and/or place where commercial and/or professional dealings are conducted.

CATALYTIC CRACKING UNIT - A petroleum refinery cracking unit of the fluid or compact moving bed type consisting of a reactor, regene rator and fractionating tower and, where employed,

a carbon monoxide boiler.

COMBUSTION EQUIPMENT - Any device which includes a chamber where combustion takes place and for which a flue, vent, or chimney is required for the venti ng of the products of combustion from a boiler, furnace, incinerato r, stove, heater, industrial furnace, etc.

COMPLAINANT - Any person who files a complaint.

CONCEALMENT - Any action taken to reduce the observe d or measured concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharged

.

CONTROL FACILITY - Includes any treatment works, control devices and disposal systems,Table 3 -- Northwest Clean Air Agency Regulations – page 19 machinery equipment, structures, property or any pa rt of accessories thereo f, installed or acquired for the primary purpose of reducing, controlling, or disposing of indus trial waste which, if released to the outdoor atmosphere , could cause air pollution.

CONTROL OFFICER - Air Pollution Control Of ficer of the NWAPA.

DAYLIGHT HOURS - The hours between official su nrise and official sunset.

ECOLOGY - Washington State Department of Ecology (WDOE).

EMISSION - The act of releasing into the atmosphere an air contaminant or a gas stream which contains or may contain an air contaminant, or the material released into the atmosphere.

EMISSION POINT - The location (place in horizontal plan e and vertical elev ation) from which an emission enters the atmosphere.

EMISSION STANDARD - Limitation on the release of one or more contaminants to the ambient

air.

EQUIPMENT - Any stationary or portable device or any part thereof ca pable of causing the emission of any contaminant into the atmosphere or ambient air.

EXCESS EMISSIONS - Emissions of an air pollutant in excess of any applicable emission

standard.

EXISTING STATIONARY FACILITY - A stationary source of air pollutants which has the potential to emit two hundred fifty tons per year or more of a ny air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable, must be counted. For purposes of determining whether a stationary source is an ex isting stationary facility the term "building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or pe rsons under common control). Pollutant-emitting

activities shall be consid ered as part of the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Cla ssification Manual, 1972 , as amended by the 1977 Supplement.

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

.

FIELD GRASSES - Canary grass, bromegrass, oatgrass, timothy, ryegrass, wheatgrass, and orchard grass planted for seed production.

FIRE CHIEF - A state, county, or city fire marshal, city fire chief, chief of each County Fire

Protection District or authorized forestry officials from the Washington State Department of

Natural Resources.Table 3 -- Northwest Clean Air Agency Regulations – page 20 FUEL BURNING EQUIPMENT - Any equipment, device, or c ontrivance, used for the burning of any fuel, and all appurtenances thereto, incl uding ducts, breachings, control equipment, fuel feeding equipment, ash removal equipment, combustion controls, stacks, chimneys, etc.

FUGITIVE DUST - A particulate emission made airborne by forces of wind, man's activity, or both. Unpaved roads, construction sites, and tilled land are exampl es of areas that originate fugitive dust. Fugitive dust is a type of fugitive emission.

FUGITIVE EMISSIONS - Emissions which do not pass and which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

HEARINGS BOARD - The state Pollution Control Hearings Board or equivalent local hearings

board has set forth in RCW 43.21B.

HOG FUEL BOILER - A boiler that utilizes wood, commonly called "hog fuel", as one source of

fuel.

INCINERATORS - A furnace or facility for the destruction of waste by burning.

INPUT HEAT CAPACITY - Is the maximum actual or design heat capacity, whichever is greater, stated in BTU/hr. generated by source.

INSTALLATION - The placement, assemblage, or construction of equipment or control facility at the premises where the equipment or control f acility will be used, and includes all preparatory

work at such premises.

LAND CLEARING BURNING - Means the burning of outdoor fires over ten (l0) feet in diameter consisting of residue of a natural char acter such as trees, stumps, shrubbery or other natural vegetation in preparation of a land improve ment or construction pr oject as distinguished from a forest harvest operation.

LAND CLEARING OPERATION - The removal of trees, br ush, grass and buildings for disposal on the site in preparation of a land impr ovement or construction project as distinguished from a forest harvest operation.

MASKING - The mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor.

MERCURY - The element mercury, excluding any associ ated elements and includes mercury in particulates, vapors, ae rosols, and compounds.

MERCURY ORE - A mineral mined specifically for its mercury content.

MERCURY CHLOR-ALKALI CELL - A device which is basically composed of an electrolyzer section and a denuder (decomposer) section and utilizes mercury to produce chlorine gas, hydrogen gas, and alkali metal hydroxide.Table 3 -- Northwest Clean Air Agency Regulations – page 21 MODIFICATION - Any physical change in, or change in the method of operati on of, a stationary

source that increases the amount of any air contaminant emitted by such source or that results in the emissions of any air contaminant not prev iously emitted. The term modification shall be

construed consistent with the definitions of modification in Section 7411, Title 42, United States Code, and with rules impl ementing that section.

MULTIPLE CHAMBER INCINERATOR - Any incinerator consis ting of two or more combustion chambers in series, employing adequa te design parameters necessary for maximum

combustion of the material to be burned.

NEW CONSTRUCTION - It shall be deemed new construc tion and new source standards shall apply when: (1) equipment and facilities are made and/or used for the first time at a specific location or site, or (2) existing equipment or faciliti es are modified or altered and the cost thereof is: (a) equal to 50% or greater of replacement cost or (b) less than 50% of replacement cost but may

result in an increase in the total air contaminan t emissions compared to the original or present

emissions.

NEW SOURCE - (a) The construction or modification of a stationary source that increases the amount of any air contaminant emitted by such sour ce or that results in the emission of any air contaminant not previously emitted; and (b) Any other project that constitutes a new source under

the Federal Clean Air Act.

NO BURN DAY - A day designated by the Control Officer , or other duly authorized person, on which, due to atmospheric, or other meteorological conditions, all outdoor fires are prohibited.

NON HIGHWAY MOBILE SOURCE - A source which is neither us ed on nor does ordinarily travel on the public roadways and is powered by an internal combustion or other type engine. These sources include, but are not limited to, farm tractors, bulldozers, earthmovers, ships, boats,

railroad locomotives and non-commercial aircraft.

NOTICE OF CONSTRUCTION APPLICATION - A written application to permit construction of a new source, modification of an existing stationary source or replacement or

substantial alteration of c ontrol technology at an exis ting stationary source.

ODOR

- That property or a substance which allows its detections by the sense of smell and/or

taste.

OPACITY - Opacity means the degree to which an emi ssion reduces the transm ission of light and obscures the view of any object in the background.

ORDER OF APPROVAL OR APPROVAL ORDER - A regulatory order issued by the authority to approve the noti ce of construction a pplication for a proposed new source or modification , or the replacement or substantial alteration of control t echnology at an existing stationary source.

OUTDOOR FIRE - A fire where any material is burned in the open, in receptable other than aTable 3 -- Northwest Clean Air Agency Regulations – page 22 furnace, incinerator, or other equipment connected to a stack or chimney.

OWNER OR AGENT

- Includes the person who leases, superv ises or operates the equipment or control facility.

PARTICLE - A small discrete mass of solid or liquid matter.

PARTICULATE MATTER - Small discrete masses of liquid or solid, exclusive of uncombined

water.

PATHOLOGICAL WASTE - Human and animal remains consisting of carcasses, organs and solid organic wastes, consisting of up to 85% moisture, 5% incombustible solids.

PERSON - Means and includes an individual, firm, public or private corporation, association, partnership, political subdivision, m unicipality, or government agency.

PETROLEUM LIQUIDS - Petroleum condensate, and any finished intermediate product manufactured in a petroleum refinery but does no t mean Number 2 through Number 6 fuel oils as specified in A.S.T.M. D396-69, gas turbine fuel oils Numbers 2-GT through 4-GT as specified in A.S.T.M. D2880-71, or diesel fuel oils Number 2-D and 4-D as specified in A.S.T.M. D975-68.

PLANT SOURCE - Any process or group of processe s operated by an person at a single geographic location, regardless of the number of emission points, will constitute an emission as if they were from a single source.

PORTABLE EQUIPMENT - Equipment designated to be transported from place to place for temporary operation.

PORTLAND CEMENT PLANT - Any facility manufacturing Po rtland cement by either the wet or dry process.

PM-10 - Particulate matter with an aerodynamic diam eter less than or equal to a nominal 10 micrometers as measured by a reference me thod based on 40 CFR Part 50 Appendix J and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in

accordance with 40 CFR Part 53.

PROCESS - A physical and/or chemical m odification or treatment of a material from its previous

state or condition.

REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) - The lowest emission limit that a particular source or source category is capable of meeting by th e application of control technology that is reasonably available considerin g technological and economic feasibility. RACT is determined on a case-by-case basis for an indi vidual source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional c ontrols, the impact of additional controls on air quality, and the capital and opera ting costs of the addi tional controls. RACT requirements for any source or source category shall be adopted only after notice a nd opportunity for comment areTable 3 -- Northwest Clean Air Agency Regulations – page 23 afforded.

REFUSE

- Putrescrible and non-putrescib le solid waste including garbage, rubbish, ashes, dead animals, abandoned automobiles, solid market wa stes, street cleanings and industrial wastes including waste disposal in industrial salvage.

REFUSE BURNING EQUIPMENT - Equipment designed to burn (refuse) waste material, scrap

or combustion remains.

REGISTRATION - Registration shall mean the prmcess of identifying, delineating and itemizing all air contaminant sources within the jurisdiction of the Authority including the making of periodic reports, as required, by the persons operating or respons ible for such sources and may contain information concerning lo cation, size, height of contamin ant outlets, processes employed,

nature of the contaminant emissions and such othe r information as is relevant to air pollution and available or reasonably capa ble of being assembled.

RESIDENTIAL BURNING - Means small outdoor fires, at a one or two family residence, consisting of leaves, clippings, pruning and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling resulting from activities connected with said dwelling and burned on such lands by the property ow ner or his designee.

SMALL OUTDOOR FIRE

- Means a fire in a pile no more than four (4) feet in diameter and three (3) feet in height.

SMOKE - Gas borne particulate matter in a su fficient amount to be observable.

SOURCE - All of the emissions unit(s) including qua ntifiable fugitive emissions, that are located on one or more contiguous or adja cent properties, and are under th e control of the same person or persons under common control, w hose activities are ancillary to the production of a single product or functionally related groups of products. Activi ties shall be consider ed ancillary to the production of a single product or functionally relate d group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

STACK - Duct, chimney, flue, conduit, or opening arranged for the emission into the outdoor atmosphere of air contaminants.

STANDARD CONDITIONS - Standard Conditions (A) is a te mperature of 60 degrees F and a pressure of 29.92 inches of mercury. Standard C onditions (B) is a temperature of 0 degrees C and 760 mm of mercury. Standard Conditions (C) is a temperature of 25 degrees C and 760 mm of

mercury.

STANDARD CUBIC FOOT OF GAS - That amount of gas which would occupy a cube having dimensions of one foot on each side, if the gas we re free of water vapor at a pressure of 14.7 psia and a temperature of 60 degrees F.

STATE ACT - Washington Clean Air Act (R CW 70.94) and RCW 43.21A and 43.21B.Table 3 -- Northwest Clean Air Agency Regulations – page 24 STRAW - All vegetative material of agricultural origin other than seed removed by swathing, combining or cutting.

TON - Short ton or 2000 pounds

.

TOTAL SUSPENDED PARTICULATE - Particulate matter as measured by the method described in 40 CFR Part 50 Appendix B as in effect on July 1, 1988.

TRUE VAPOR PRESSURE - The equilibrium pressure exer ted by a hydrocarbon at storage

conditions.

TURF GRASSES - All blue grasses, fescues, and be ntgrass planted for seed production.

UNAVOIDABLE ACCIDENT - A casualty or breakdown of process or control equipment which cannot be foreseen, with the possibility of it occurring being so remote that no special steps were or could be taken to prevent it.

U.S. ENVIRONMENTAL PROTECTION AGENCY - Shall be known as EPA in this Regulation.

WOOD WASTE BURNER - A sheet metal or other type of encl osure to form a truncated cone or a single chamber cylindrically shaped incinerator line or constructed of suitable refractory material which employs controlled fuel feed, tangential ov er fire and under fire air supply system, and is designed and used for the disposal of w ood and bark wastes by incineration.

State effective: 11/13/94, EPA effective: 12/26/95

CONTROL PROCEDURES

SECTION 300 – NOTICE OF CONS TRUCTION WHEN REQUIRED

300.1 No person shall construct, install, establis h, modify or alter an air contaminant source, except those sources excluded in Section 322 of the Regulation, without first filing with the Authority a “Notice of Constr uction and Application for Appr oval,” on forms prepared and furnished by the Authority, obtaini ng written approval of the Board prior to the said construction, installation, modification, or esta blishment, and paying the appropria te fees as provided in Section 324.2. The Authority may only grant approval of th e “Notice of Constructi on and Application for Approval” if the requirements of S ections 301 and 302 have been met.

300.2 A “Notice of Construction and Application for Approval” shall not be required to commence an alteration of equipment or control f acility in the event of breakdown or if delaying the alteration may endanger life or have other serious consequences. The authority shall be notified in writing of the alteration on the first working day after the alteration is commenced and a “Notice of Construction and Applic ation for Approval” sh all be filed within fourteen (14) days

after the alteration is commenced.Table 3 -- Northwest Clean Air Agency Regulations – page 25 300.3 A separate Notice and Application shall be submitted for each unit of equipment or control facility, unless identical un its of equipment or cont rol facility are to be installed, constructed or established in an identical manner on the same prem ises; provided that, said identical units may, as a group, be listed on one applicati on but that identical units subs equently added shall require a separate Notice and Application; provided also, that, the owner ha s the option to give notice and apply for approval of a process with a detailed invent ory of contaminant sources and emissions related to said process.

300.4 Where work for which a Notice of Constructi on is required, is commenced, or is performed prior to making application and receiving a pproval, the Control Officer may assess an investigation fee, in addition to the fees of Se ction 324.2. The investigation fee shall be assessed in an amount equal to th ree times the plan examination fees identified in Section 324.2. Payment of the fees does not relieve any person from the requirement to comply with the regulations nor from any penalties for failure to comply.

State effective: 11/13/94, EPA effective: 12/26/95

SECTION 301 - INFORMATIO N REQUIRED FOR NOTICE OF CONSTRUCTION AND APPLICATION FOR APPROVAL, PU BLIC NOTICE, PUBLIC HEARING

301.1 Each Notice of Construction and Applic ation for Approval for the construction, installation, or establishment of a new air c ontaminant source as described above shall be accompanied by a set of plans which show and desc ribe the equipment and control facility, its location, and function.

301.2 The proposed means for the prevention or cont rol of the emissions of air contaminants and will provide all known available and reas onable methods of emission control.

301.3 Each Notice of Construction and Applicati on for Approval shall be signed by the applicant or owner who may be required to submit evidence of his authority.

301.4 The Board or Control Officer ma y, within 30 days of its rece ipt of such notice, request such other information as deemed necessary in order to determine whether the proposed construction, installation or establishment, will be in accordance with applicable rules now or hereafter adopted by the Board or the WDOE and will provide a ll known, available and reasonable

methods of emission control.

301.5 A completed State Environment Policy Act Guidelines “Environmental Checklist” shall be submitted on forms provided by the Authority in accordance with Washington Administrative Code (WAC) 197.10.365 and Section 312 of this regulat ion, as a part of the required Notice of Construction and Application for Approval.

301.6 The Authority shall provide public notice prior to approval or de nial of a Notice of

Construction if a new or modified source will result in a significan t emissions increase as defined by WAC 173-400-030(67). The public notice shall provide for a thirty day period to receive

written comments. No final decision on a ny Notice of Construction and Application for Approval until the comment period has ended and all comments have been considered.Table 3 -- Northwest Clean Air Agency Regulations – page 26 301.7 The applicant, any interested governmental entity, any group, or any person may request a public hearing within the thirty day period re quired by 301.6. Any request shall indicate the interest of the entity filing if and why a hear ing is warranted. The NWAPA may, in its discretion, hold a public hearing if it determines significant public interest exists.

State effective: 11/13/94, EPA effective: 12/26/95

SECTION 302 - ISSUANCE OF APPROVAL OR ORDER

302.1 If on basis of plans, specifications, or ot her information required pursuant to Section 301, the Board determines that the proposed construction, installation or establishment will be in accord with this Regulation, app licable air pollution contro l regulations of the DOE, laws of the State of Washington, and will provide all known available and reasonable methods of emission control, it shall, within thirty (30) days issue a determination of whether the operation of the new air contaminant source at the location proposed will cau se any ambient air quality standard to be

exceeded.

302.2 No approval will be issued unless the info rmation supplied as required by Section 301.1 of this Regulation provides evidence to th e Board or Control Officer that:

302.21 The equipment is designed and will be installed to operate without causing a violation of applicable emission standards.

302.22 The equipment incorporates advances in the art of air pollu tion control developed

for the kind and amount of air contam inant emitted by the equipment.

302.23 The project shall employ all known, av ailable, and reasonable air pollution control technology for a ll pollutants (BACT).

302.24 The project shall not result in a viola tion of any ambient air quality standard for criteria air pollutants.

302.25 The project shall not impact any Class I area or non-attainment area.

302.26 All State Environmental Policy Act requirements have been fulfilled.

302.27 The project shall comply with all applicable federally mandated programs.

302.3 If the board determines that all the requireme nts of Section 302.2 have been met an Order of Approval shall be issued along with any operating a nd reporting conditions that will ensure compliance with all applicable air pollution standard s. It shall be unlawf ul for an operator of a source to not abide by the ope rating and reporting conditions in the Order of Approval.

302.4 If the Board determines that the construc tion, installation or establishment of a new air

contaminant source will not meet the emission st andards or the ambient air standards or other prohibition established by this Re gulation, or will not provide a ll known available and reasonable means of emission control, the Board shall, within sixty (60) days of r eceipt of the “Notice of Construction and Application for Approval”, is sue an Order under Section 121 for the prevention of the construction, installation or establishment of the air contaminant source or sources, and,Table 3 -- Northwest Clean Air Agency Regulations – page 27 302.41 The Order shall be in writing;

302.42 The Order shall set forth the objections in detail with references to the specific provisions of this Regulati on and/or with other applicab le rules and regulations set

forth in the WAC and laws of the State of Washington and emission standards that will not be met by the proposed construc tion, installation or establishment;

302.43 The Order shall be signed by the Chairman of the Board.

302.5 Any order issued pursuant to this Section sh all become final unless, no later than fifteen (15) days after the date the Order is served pursuant to Section 121, the owner or applicant petitions for a reconsiderati on of the Order with reasons for the reconsideration.

302.52 If the petition of the owner or appli cant be disapproved the owner or applicant may petitio the Hearings Board within (30) days after receipt of Notice of Disapproval and proceed under the procedure as set forth in Section 122.

302.6 Failure to issue such an order or approval within the time prescribed herein shall be deemed a determination that the construction, in stallation or establishment may proceed, provided that it is in accordance with the plans, specifica tions or other information, if any, required to be submitted. Such failure, however, shall not relieve any person from his obligation to comply with any emission requirement, or with any other provision of law.

302.7 Any Order of Approval issued under this Section shall be valid for one year. If engineering and/or constr uction of any facility authorized und er this Section has not commenced within one year from the date of approval the Notice and Application is revoked and considered void. If the applicant can show ev idence that the magnitude of the construction project is such or delays have been encountered in the delivery of equipment that construction cannot proceed within the one year limit, the Board may extend, for up to one year, the time limit set under this Section, if it is determined that the projec t still incorporates all known, ava ilable and reasonable air pollution control technology.

State effective: 11/13/94, EPA effective: 12/26/95

SECTION 303 - NOTICE OF COMPLETION - NOTICE OF VIOLATION

303.1 The owner or applicant sh all notify the Board or Contro l Officer when construction, installation or establishment is substantially comp lete and all air pollution control facilities have been installed and the date upon which operation will commence. The Board or Control Officer shall, within thirty days of receipt of notice of completion, inspect the construction, installation, or establishment, and the Board or C ontrol Officer may issue a Notice o Violation if he finds that the construction, installation, or establishment is not in accord with the plans, specifications, or other information submitted to the Authority, and will be in violation of the emission standards in

existence at the date the Order was issued.

303.2 Upon receipt of a Notice of Violation, the ow ner may appeal said Order in accordance with the provisions and procedures of Section 122.

303.3 The issuance of approval as provided by this S ection of this Regulation shall not relieve theTable 3 -- Northwest Clean Air Agency Regulations – page 28 owner of the obligation to comply with the emi ssion standards as adopted by this Authority or prevent the Board or Control Officer from issuing su ch orders or violations as provided by Section

302.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 310 - APPROVAL TO OPERATE REQUIRED

310.1 Before any article, machine, equipment, facil ity or other contrivance, the use of which may cause emission of air contaminants, may be operated or used, it must first be registered with this Authority under this Section and written approval to operate s ecured from the Control Officer, unless specifically excluded by S ection 322. If at the end of not more than one year of operation

of said air contaminant emissi on source, the source meets the emission requirements of this Regulation, then the emission source w ill be registered under Section 320.

310.2 In lieu of a formal registration, any person operating a registerable air contaminant source within the jurisdiction of the Authority for more th an thirty (30) days, but less than two (2) years, may be issued a Certificate of Approval to Oper ate by the Control Officer. Provided: that the Certificate of Approval to Oper ate must be renewed annually.

310.3 Any Registration, Certificate of Approval to Operate or Approval of Construction is subject to review at the e nd of one year of operation of the facilit y. If in that time, the facility or item which was approved has not been implemen ted or other action taken towards operation and/or completion of the project, any registration, Certificate of Approval to Operate or approval of Construction is revoked excep t as otherwise provided in Sec tion 302. The owner or applicant may refile at any time under the provisions of this Section.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 320 – REGISTRATION REQUIRED

320.1 All existing air contaminant sources within th e jurisdiction of the Au thority except any of

the air contaminant sources which are listed in S ection 322, which is attach ed hereto and made a part hereof, as now constituted or as hereafter amended shall be registered by the Authority.

320.2 All new air contaminant sources within the juri sdiction of the Authority shall be registered by the Authority within one year of the beginning of operation except as provided for in Section

310.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 321 –GENERAL REQUIR EMENTS FOR REGISTRATION

321.1 Registration shall include the following proce dures. Any person operating or responsible for the operation of an air contaminant source th at requires registrati on shall make reports containing information as may be required conc erning location, size and he ight of contaminant outlets, processes employed, nature of contaminan t emission and such other information as is relevant to air pollution and avai lable or reasonably capable or being assembled. The owner or agent of the source shall, upon request, submit the required information.Table 3 -- Northwest Clean Air Agency Regulations – page 29 321.2 A separate registration shall be required fo r each source of contaminant; provided that, an owner need not have a separate registration for id entical units of equipmen t or control facility installed, altered or operated in an identical manner on the same process.

321.3 Any registered source which c eases to operate any air contam inant source for one (1) year or more or said source leaves the jurisdiction of the Authority, the source shall be considered a new

source and shall submit a Notice of Constructi on and Application for Approval and receive approval from the Board prior to resumption of ope ration or re-entry into the jurisdiction of the Authority. Provided, however, that those regist ered sources specifically designed and approved by the Control Officer as part of their origin al “Notice of Construc tion and Application for Approval” shall be exempt from this subsection.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 322 - EXEMPTIONS FROM REGISTRATION

Exclusion from registration does not absolve the owner, lessee, or his registered agent from all other requirements of the Regulation of this Au thority. Exemption from registration does not apply to any control facility or device required to be installed in order to meet the emission and/or ambient standards of this Regulation.

322.1 Air conditioning or ventilating systems not de signed to remove air contaminants generated by or released from equipment.

322.2 Asphalt laying equipment.

322.3 Atmosphere generators used in connec tion with metal heat treating processes.

322.4 Blast cleaning equipment which uses a su spension of abrasive in liquid water.

322.5 Fuel burning equipment, other than smoke house generators, which:

322.51 Is used solely for a private dwelling serving less than five families;

322.52 Has a BTU input of not more than 400,000 BTU/hour, provided that equipment burning natural gas or liquified petroleum gas (LPG) exclusively may excluded up to 2,5000,000 BTU/hour.

322.53 If used oil is burned the maximum h eat input shall be less than 0.4 million BTU per hour (0.5 GJ/hr) provided that:

a. The used oil burned is either ge nerated on site or received from do-it-yourself oil changers; and

b. The used oil burned is not contam inated with added dangerous wastes.

322.6 Insecticide spray equipment, non commercial.

322.7 Laboratory equipment used exclusivel y for chemical or physical analyses.Table 3 -- Northwest Clean Air Agency Regulations – page 30 322.8 Laundry driers, extractors or tumblers used exclusively for the removal of water from

fabric.

322.9 Portable equipment which is used within the jurisdiction of the Authority for less than thirty (30) days, except asphalt plants, rock crushers, and sand blasting operations.

322.10 Sewing equipment.

322.11 Surface coating by use of aqueous solution or suspension.

322.12 Steam cleaning equipment used exclusively for that purpose.

322.13 Storage tanks, reser voirs, or containers:

322.131 Of a capacity of 6,000 gallons or less us ed for organic substances unless, in the opinion of the Control Officer, Section 535 may be violated.

322.132 Of a capacity of 40,000 gallons or less used for liquid fuels including gasoline and lubricating oils.

322.133 Containing organic liquid mixtures whose True Vapor Pressure is equal to or less than 1.5 psia under ac tual storage conditions.

322.134 Containing liquids which are not vented to the atmosphere.

322.14 Vacuum producing devices used in laborato ry operations, and vacuum producing devices which do not remove or convey air contaminants from one to another source.

322.15 Vents used exclusively for:

322.151 Sanitary or storm drainage systems.

322.152 Safety valves.

322.153 Storage tanks.

322.16 Washing or drying equipment used for produc ts fabricated from metal or glass, if no volatile organic material is used in the process.

322.17 Welding, brazing and soldering equipmen t unless the person operating such equipment otherwise qualifies for registration.

322.18 Restaurants and other retail food preparing establishments.

322.19 Piping modifications on existing process un its that result in increases in fugitiveTable 3 -- Northwest Clean Air Agency Regulations – page 31 hydrocarbon emissions of less than 2.0 tons per year.

322.20 New emission units or activities with emi ssions below the following threshold levels: (a) 5 tons per year of carbon monoxide; (b) 2 tons per year of nitrogen oxides; (c) 2 tons per year of sulfur oxides; (d) 2 tons per year of volat ile organic compounds (VOC); (e) 0.75 tons per year of PM-10 (as defined in WAC Chapter 173-400-030(53) (f) 0.03 tons per year of lead; (g) Threshold levels for Hazardous Air Pollutants as defined in WAC Chapter

173-401-531.

State effective: 11/13/94, EPA effective: 12/26/95

SECTION 323 - CLASSES OF REGISTRATION

323.1 All air contaminant sources registered by this Authority shall be classified in one of the following classes based upon uncontrolled emissions of air contaminants to the atmosphere.

323.11 CLASS A - All air contaminant sources with potential uncontrolled annual emissions usually in excess of 50 tons/year sh all be classified as CLASS A sources. The registration of all CLASS A sources is subject to review annually.

323.12 CLASS B - All air contaminant sources with potential uncontrolled annual emissions usually between 10 and 50 tons/year shall be classified as CLASS B sources. The registration of all CLASS B sources will be subject to revi ew at the discretion

of the Control Officer.

323.13 CLASS C - All air contaminant sources with potential uncontrolled annual emissions usually less than 10 tons/year sha ll be classified as CLASS C sources. The registration of 11 CLASS C sources will be s ubject to review at the discretion of the

Control Officer.

323.14 SPECIAL CLASS D - All sources which in and of themselves are not air contaminant sources per se, but distribute, sell or make available for sale to the general public or other dealers within th e jurisdiction of the Authority, solid, liquid, or gaseous fuel (which crea te emission to the atmosphere) shall be classified as CLASS D sources. ALL CLASS D sources may be requi red to submit an annual report of the type and quantity of fuel sold on fo rms provided by the Control Offi cer at a time selected by the

Control Officer.

323.15 CLASS G - All gasoline stations installed or reconstructed after January 1, 1990 and all gasoline stations with a total annua l gasoline throughput greater than one million three hundred twenty -five thousand lite rs (350,000 gallons)

323.16 SPECIAL CLASS I - All incinerators approved by the Authority under Section

510 and not Classified in CL ASS A or B herein shall be classified as a CLASS I source. This class also includes wood wast e burners under Section 458 and otherTable 3 -- Northwest Clean Air Agency Regulations – page 32 incinerators which may come under the Re gulation of this Authority. ALL CLASS I sources will be subject to review at the discretion of th e Control Officer.

323.17 SPECIAL CLASS O - All air contaminant sources whether or not they would be

otherwise classified und er this Regulation which have an actual or potential odor problem associated with their operation may be clas sified as a CLASS O source. ALL CLASS O sources will be subject to review at the discretion of the Control Officer.

323.18 SPECIAL CLASS S - All air contaminant sources which are unique and because of special circumstances cannot be adequately classified elsewhere sh all be classified as

CLASS S sources. ALL CLASS S sources ar e subject to review at the discretion

of the Control Officer.

323.19 CLASS T - All air contaminants sources with potential uncontrolled annual emissions usually less than 10 tons/y ear of any compound listed in WAC 173-460 Sections 150 and 160, or CAA Section 112 (b), shall be classified as T sources. The registration of all CLASS T sources will be su bject to review at the discretion of the

Control Officer.

323.2 Any registered source which is classified in CLASS A, B, or C und er this Regulation may petition the Control Officer for a change in registration classifi cation to a lower class under the following conditions:

323.21 The registrants shall show that the lower classification is more applicable to their particular situation and that they consistently meet the em ission and ambient air standards and any other prohibitions and requi rements for their new class.

323.22 The registrants shall control their emissions in accordance with this regulation.

323.3 Intermittent sources which vary in total em issions proportionately according to the amount of time they operate annually shall be extrapol ated and their classification determined on their estimated rate of annual emissions as if they were operating on a full time basis throughout the

year.
State effective: 9/8/93, EPA effective: 4/24/95

SECTION 324 – FEES

324.1 Annual Registration Fees . Before the Control Officer may register any article, machine, equipment, facility, control facil ity, or other contrivance, the use of which is likely to cause the

emission of air contaminants or a variance be granted and under the jurisdiction of this Authority, an annual registration fee shall be pa id to the Authority at a time a nd in such a manner as herein set forth and as may be determined by the Board.

324.11 Sources classified as class “A”, Class “B”, Class “G”, Class “I”, Class “O” and Class “T” as defined in Section 323, and holders of each Variance issued by NWAPA, shall, upon notifica tion by the Control Officer, pa y the Authority an annual registration fee on or before January 1 of each year in accordance with the followingTable 3 -- Northwest Clean Air Agency Regulations – page 33 schedule except that any new source which has paid a Notice of Construction filing fee and plan, examination and inspection fee shall not be required to pay an additional registration fee during that same calendar year.

324.111 All Class “A” Registered Sources

Standard

Industrial

Classification Number (SIC) Type Annual Registration Fee

2911 Petroleum Refinery $6,000

2999 Petroleum Coke Calciner $3,000

3241 Cement Manufacturing $3,000

3334 Primary Production of Aluminum $3,000

2611 Pulp & Paper Mills $3,000

2819 Sulfuric Acid Manufacturing $2,750

2812 Alkalies & Chlorine Manufacturing $2,200

2430 Veneer Plywood Manufacturing $1,500

3323 Iron & Steel Foundries $4,000

3295 Olivine Rock Processing $1,500

4953 Refuse Incineration Facilities $3,000

2818 Chemical Processing Plants $2,500

9711 National Security Establishments $2,500

4911 Coal Fired Power Plants $6,000

Cogeneration Plants

4911 Peak Load $2,000

4911 Base Load $4,000

4923 Pipeline Compressors $1,500

-------- Any other Type Not Listed $1,500

324.112 All Class “B” Registered Sources $400Table 3 -- Northwest Clean Air Agency Regulations – page 34 324.113 All Class “O” Registered Sources $400

324.114 All Class “I” Registered Sources with combustion rate in lbs/hour:

324.1141 50 or less lbs/hour of any waste materials $150

324.1142 51 to 100 lbs/hour of any waste materials $250

324.1143 101 - 999 lbs/hour of any waste materials $500

324.115 All other classes of registered s ources shall pay a one time registration fee at the time of registration. $100

324.116 Holders of each Variance issued by the Authority under Section 350 of this Regulation (Annual Fee) $500

324.117 The annual registration fee of a fac ility that includes more than one air contaminant source classified as Class “A”, Class “B”, Class “C”, Class “G”, Class “I”, or Class “T” at the same general location and under the same manager, shall pay the full fee for the prim ary source, as determ ined by the Control Officer, and fifty percen t (50%) of the fee for each of the other sources subject to an annual registration fee.

324.118 All Class “G” Registered Sources $100

324.119 All Class “T” Registered Sources $100

324.120 The Authority shall collect inte rim fees to cover operating permit program development costs. The fees will be assessed to all sources in the jurisdiction that emit one hundred tons or more of a regulated pollutant. A regulated pollutant is defined in Sect ion 502 (b) of the Federal Clean Air Act

Amendments of 1990. Fees shall be based on emissions determined in the most recent emissions inventory. The costs shall be determined by a workload analysis done by the Authority and approved by the Board. The fees shall be collected beginning fiscal year 1994.

324.121 Commencing with the effective date of the operating permit program the Authority shall assess and collect annual air operating permit fees in it’s jurisdiction for any source specified in se ction 7661 (a) of Title V of the Federal Clean Air Act (FCAA) or WAC 173

- 401

- 300 (excluding sources regulated by the Washington State Department of Ecology Industrial Section). The total fees required by the NWA PA to administer the program shall be determined by a workload analysis conducted by the st aff and approved annually by resolution by the Board of Directors in a public heari ng. Allocation of the fees to individual

affected sources shall be based on the f ollowing:

a. Twenty percent of the total fees sh all be allocated equa lly among all affected

sources.Table 3 -- Northwest Clean Air Agency Regulations – page 35 b. Eighty percent of the tota l fees shall be allocated ba sed on actual emissions of regulated pollutants identified in the most recent annual emissio n inventory, or potential emissions if actual data are una vailable. A Regulated pollutant for fee

calculation shall include: Nitrogen oxides Volatile organic compounds Particulate matter with an aerodynamic par ticle diameter less than or equal

to 10 μ (PM

- 10)

Sulfur dioxide

Lead Any pollutant subject to the requir ements under Section 112 (b) of the FCAA not included in any of the above categories.

324.122 Upon assessment by the Authority, fees are due and payable and shall be deemed delinquent if not fully paid within 90 days. Any source that fails to pay a fee imposed under Section 324 w ithin 90 days of the due date shall be assessed a late penalty in the amount of 50 percent of the fee. This late penalty shall be in

addition to the fee assessed under Section 324.

324.2 Notice of Construction, Variance Filing, Plan Examination, evaluation and/or inspection fee. The following fees shall be paid by an a pplicant for processing a No tice of Construction and Application for Approval, pursuan t to Section 300.1 or a Variance pursuant to Section 350, before the Board will take any action approv ing or denying said application.

324.21 A $100.00 filing fee and in addition, the plan examination and inspection fee set forth in Section 324.22. One filing fee and pl an examination, evaluation and inspection fee shall be paid for identical units, except when a separate examination, evaluation or inspection is required for each identical unit.

324.22 Item - Plan, Examination, Evaluation, and Inspection Fee

324.221

Fuel burning equipment in million BTU/HR Input Heat Capacity Installation Fuel Change

Less than 5 $150 $50

5 or more but less than 10 $400 $100

10 or more but less than 20 $750 $200

20 or more but less than 50 $1,500 $400

50 or more but less than 100 $4,000 $750

100 or more but less than 250 $10,000 $1,000Table 3 -- Northwest Clean Air Agency Regulations – page 36 250 or more but less than 500 $15,000 $3,000

More than 500 $20,000 $5,000

324.222 Other in Cubic Feet Per Minute (CFM -Design) from equipment, such as, but not limited to, cyclones, bag filters, electrostatic preci pitators and wet scrubber.

Less than 5,000 $200 5,000 or more but less than 20,000 $400 20,001 or more but less than 50,000 $1,000 50,001 or more but less than 100,000 $2,000 100,001 or more $5,000

324.223 Incinerators - Combustion rate in lbs/hours (Design)

Refuse Incinerator - lbs/hour 500 lb/hour or less $1,000 500 or more but less than 1,000 $3,000

Solid Waste Combustion - tons/day 250 or less $20,000 greater than 250 $40,000

324.224 Storage Tanks - Gallons

6,000 or more but less than 40,000 $200 40,000 or more but less than 100,000 $400 100,000 or more but less than 500,000 $750 500,000 or more $1,200

324.225 Other -
Gasoline Stations $100
Odor Source $500
Not Classified above $200

324.226 Air Toxics Screening $200

324.227 Order of Approval Modification 25% of Original permit fee

324.228 Public Hearing for Order of Approval $500

324.229 Voluntary Emission Reduction (WAC 173-400-091)
$100

324.23 Environmental Policy GuidelinesTable 3 -- Northwest Clean Air Agency Regulations – page 37 324.231 Threshold Determination. Fo r every environmental checklist the NWAPA reviews when it is Lead Agency, the applicant shall first pay NWAPA a fee of $100.00 prior to undertaking the Thre shold Determination by the responsible

official of NWAPA

324.232 If the Authority decides it must prepare an Environmental Impact Statement (EIS) in order to comply with the State Environm ental Policy Act of 1971 before taking any action on a Notice of Construction, the cost of preparing, publishing, and distributing an EIS at a cost per hour rate for Authority staff time based upon actual cost as determined by the Control Officer and such other expenses as mutually agreed upon by th e applicant and the Control Officer including consulting services, testing, repr oduction, distributing, etc., shall be paid by the applicant.

324.24 Should a public hearing or public noti ce be required or deemed necessary by the Board on any proposed action by an applicant, sa id applicant shall reimburse the Authority for the actual publication cost of any requi red legal notice of such public hearing.

324.25 “Bubble” and “Emission Reduction Credit”

A $250.00 application and processing fee shall be paid for each applic ation for a “Bubble” made pursuant to RCW 70.94.155 and WAC 173-403-060, and an “Emission Reduction Credit” (ERC) made pursuant to WAC 173-403-070.

State effective: 11/13/94, EPA effective: 12/26/95

SECTION 325 - TRANSFER

325.1 A registration, approval to cons truct, operate or use any ar ticle, machine, equipment, facility or other contrivance, th e use of which may cause emission of air contaminants, shall not be transferable, whether by operation of law or otherwise, either from one location to another, from one piece of equipment to another, or from one pe rson to another. Provided that, registered sources which are designed to be portable from one location to another may retain the same registration so long as they remain within th e jurisdiction of the authority.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 340 - REPORT OF BREAKDOWN AND UPSET

340.1 If a breakdown or upset condition occurs which results in or may have resulted in the emission and/or ambient air quality standard esta blished by the Regulation of this Authority being exceeded, the owner or operator of the source shall take the following actions:

340.11 The upset or breakdown shall be reported as promptly as possible and in no event later than twelve (12) hours to the Authority.

340.12 The person responsible shall, upon the re quest of the Control Officer, submit aTable 3 -- Northwest Clean Air Agency Regulations – page 38 full report within ten (10) days including the known causes, corrective measures taken, and preventive measures to be taken to minimize or eliminate a recurrence.

340.2 Compliance with the requirements of this secti on does not relieve the owner or operator of the source from the responsibility to maintain continuous compliance with all the requirements of this Regulation nor from the resulting liabilities for failure to comply.

340.3 It shall be prima facie evidence of violation of this Regulation if a ny control equipment or other equipment creating emissions to the atmosphe re is turned off, broken down or otherwise inoperative, and a notice of breakdown ha s not been filed under Section 340.1.

State effective: 11/13/94, EPA effective: 12/26/95

SECTION 341 - SCHEDULE REPORT OF SHUTDOWN OR STARTUP

341.1 If the operator of any air contaminant source registered or operating under a Certificate of Approval to Operate, issued by th e Authority, schedules a total or partial shutdown or startup of control or process equipment which may result in emissions or any additional emissions to the atmosphere which may temporarily exceed the emi ssion standards of this Regulation; the operator or owner of the source shall notify the Au thority prior to the shutdown or startup.

341.2 Prompt notification shall be made and in no event less than twenty-four (24) hours before the scheduled shutdown or startup. The operator or owner of the source shall submit a general schedule of steps to be taken to minimize the re lease of air contaminants to the atmosphere including the reasons for and duratio n of the proposed shutdown or startup, the nature of the action to be taken, the date and time for the action and an estimate of the anticipated rate and

concentration of emission.

341.3 Compliance with the requirements of this sect ion does not relieve th e owner or operator of the source from the responsibility to maintain co ntinuous compliance with th e requirements of this Regulation nor from the resulting lia bilities for failure to comply.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 342 - OPERATION AND MAINTENANCE

342.1 All air contaminant sources are required to k eep any process and/or air pollution control equipment in good operating condition and repair. If a breakdown or upset condition occurs and it is determined by the Control Officer to be due to poor operating and main tenance procedures, the Control Officer may take any legal steps necessa ry to prevent a recurrence of the breakdown or upset condition.

342.2 Operation and maintenance instructions and schedules for process and/or control equipment must be available and may be require d to be posted on the site. This section is specifically applicable to the operation of equipment where untrained personnel may operate or otherwise have access to or use the equipment.

342.3 If a breakdown or violation occurs and is due to the impr oper operation or maintenance of equipment, the owner or operator of the source wi ll, in addition to filing a report of breakdown under Section 340, submit a report if requested by the Control Officer on what measures will beTable 3 -- Northwest Clean Air Agency Regulations – page 39 taken in training or re-orienting personnel to prevent a recurrence of the breakdown.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 360 - TESTING AND SAMPLING

360.1 Any person operating or using any article, machine, equipment or other contrivance for which this Regulation requires registration shall provide and maintain such sampling and testing facilities as specified in th e approval to construct or the registration to operate.

360.2 Before an approval to construct or a regist ration or certificate to operate is granted, the Control Officer may require the owner or applicant to provide and maintain such facilities as are necessary for sampling and testing purposes and pe rform such tests as are necessary in order to

secure information that will disclose the nature , extent, quality or degree of air contaminants discharged into the atmosphere from the artic le, machine, equipment or other contrivance

described in the notice of construc tion, or application for registrati on or certificate to operate. In the event of such a requirement, the Control Offi cer shall notify the app licant in writing of the required size, number and location of sampling ports; the size and location of the sampling platform, and the utilities for operating the samp ling and testing equipment and the tests to be performed. The platform, access and utilities shall be constructed and maintained in accordance with the rules and Regulations of the State De partment of Labor and Industries and other applicable State and Local Regul ations, rules and ordinances.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 365 - MONITORING

365.1 Any person operating a registered air contamin ant source or a certificate to operate may, at any time, be required to monitor the ambient air, process emissions or conduct emission tests as deemed necessary by the Control Offi cer under the following provisions:

365.11 The Board or Control Officer may requi re any person operating any source to conduct a monitoring program on site or adjacent off site for emissions, ambient air concentrations or any other pertinen t special studies deemed necessary.

365.12 All monitoring data shall be submitted in a form which the Board or Control Officer may require. Averaging time and coll ection periods will be determined by the

Control Officer. Failure to reco rd and/or report data as sp ecified in the "Guidelines for Industrial Monitoring Equipment and Data Handling" may be cause for a Notice of

Violation to be issued.

365.13 All data and records shall be kept for a period of at least one year and made

available to the Contro l Officer upon request.

365.14 All instruments used to monitor complia nce or for special studies must meet appropriate EPA performance specifications (40 CFR 60, Appendix B) and shall be

calibrated and maintained in accordance with the “Guidelines for Industrial Monitoring Equipment and Data Handling”procedur es approved by the Control Officer.Table 3 -- Northwest Clean Air Agency Regulations – page 40 365.15 The Control Officer may take such sample s and make any tests and investigations deemed necessary to determine the accuracy of the monitoring reports and tests submitted to the Authority, and evaluate the validity of the data. The owner or operator may also be required by the Control Officer to take a sa mple using an approved procedure and submit the results thereof within a reasonable period of time.

365.16 The Board or the Control Officer may require additional reasonable monitoring be undertaken at any appropriate time to in sure compliance with this Regulation.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 366 - INST RUMENT CALIBRATION

366.1 Any person operating an ambient air or emission monitoring inst rument may be required to calibrate said instrument as required by th e Control Officer under the following provisions:

366.11 All monitors must be accurate within th e limits and tolerances described in Table I of this subsection when compared to an Au thority maintained and calibrated instrument or standard, which measur es the same pollutant.

366.12 All monitoring instruments must be operated, maintained and calibrated as specified in the "Guidelines for Industrial Monitoring Equipment and Data Handling" and/or specific operating and maintenance pr ocedures issued or approved by the Control

Officer.

366.13 The Authority may, at any time, require that any monitoring instrument be compared to the Authority's instrument or other standard approved by the Control Officer.

366.14 If a monitoring instrument is not within the acceptable limits and tolerances, as described in Table I of this subsection, all data collected by the instrument between the date of calibration and the previous da te of calibration may be considered invalid and a Notice of Violation may be issue d. If evidence shows when and where an

instrument exceeded the limits and toleran ces established in Table I, the Control Officer may accept data collected prior to that date. No data will be accepted as valid

until the user instrument is calibrated successf ully as provided in 366.ll and 366.l2 of this

subsection.

366.15 An audit of a monitoring system may be conducted by the Authority, at any time, without prior notification.

366.16 All user instruments will be operated an d calibrated on a scal e range approved by the Control Officer. No data will be accepted from instruments on scale ranges other than those approved by the Control Officer. Provide d: that, data from instruments that have automatic range change devices may be accepte d if the user can demonstrate that the values obtained are within the tolerances provi ded in Table I. All tolerances will be based on the scale designated by the Control Offi cer as the primary or base scale.

TABLE ITable 3 -- Northwest Clean Air Agency Regulations – page 41 POLLUTANT INSTRUMENT TOLERANCE

Sulfur Dioxide (Whichever is greater ambient) +/- 0.005 ppm or +/- 10%

Total Suspended Particulate Flow Rate of 1.13 -1.70 m3/min. +/- l0% (percent difference)

Continuous Emission Monitoring Systems

Calibration Drift Values

Pollutant Diluent Twice the applicable drift specified in Appendix B, 40 CFR 60

Opacity ± 2% opacity

Audit Performance Criteria

Cylinder Gas Audit (CGA) ±15%

Relative Accuracy Audit (RAA) Whichever is greater +/- 15% or 7.5% of

Standard

Relative Accuracy Test Audit (RATA) Whichever is greater </- 20% or 10% of

Standard.

State effective: 9/8/93, EPA effective: 4/24/95

STANDARDS

SECTION 400 - AMBIENT AI R STANDARDS - FORWARD

400.1 In the interest of the people within the jurisdiction of the Authority, it is the objective of the NWAPA to obtain and maintain the cleanest air po ssible, consistent with the highest and best practicable control technology.

400.2 In the areas where existing concentratio ns of air contaminants are lower than concentrations allowed by the standards enumerat ed below, degradation of the atmosphere should be minimized. The highest and best practicable control technology should be applied to all sources unless it is spec ifically determined that lesser t echnology is justif ied. Ambient air standards are set at levels which, according to la test knowledge, will not cause damage to health, plants or animals or degrade materials.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 401 - SUSPENDED PART ICULATE STANDARDS (PM-10)

401.1 The concentration in the ambien t air of particulate matter with an aerodynamic diameter of less than ten (10) microns (PM10) shall not exceed:Table 3 -- Northwest Clean Air Agency Regulations – page 42 401.11 One hundred and fifty (150) micrograms per cubic meter of air as a 24 hour average more than once a year.

401.12 Fifty (50) micrograms per cubic meter of air as an annual arithmetic mean.

401.2 Sampling and analysis for suspended partic ulates shall be conduc ted according to the

method outlined in Section 180.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 410 - SULFUR OXIDE STANDARDS

410.1 It shall be unlawful for any person to cause or permit sulfur oxides to be emitted into the ambient air, calculated as sulfur dioxide, measur ed at an ambient air monitoring station averaged over the specified time periods to exceed:

410.11 2096 micrograms per cubic meter (eight-t enths (0.800) ppm by volume) for any five (5) minute average, not to be exceeded more than once per year.

410.12 1048 micrograms per cubic meter (four-t enths (0.400) ppm by volume) average for any one (1) hour not to be ex ceeded more than once per year.

410.13 655 micrograms per cubic meter (twenty- five one hundredths (0.250) ppm by volume) average for any one (1) hour not to be exceeded more than two (2) times in any consecutive seven (7) days.

410.14 260 micrograms per cubic meter (one-ten th (0.100) ppm by volume) average for any one day (24 hours), not to be exceeded more than once per year.

410.15 53 micrograms per cubic meter (two -one hundredths (0.020) ppm by volume) average for any one (1) year (annual arithmetic mean).

410.2 Sampling and analysis to determine compliance with this Regulation sh all be as outlined in Section 180 or equivalent as approved by the Control Officer or the WDOE.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 420 - CARBON MONOXIDE STANDARDS

420.1 Carbon monoxide measured at an ambient air monitoring station shall not exceed:

420.11 10 milligrams per cubic meter (9.0 ppm) eight (8) hour average concentration more than once per year at any locati on where people would be exposed to such concentration for eight (8) hours or more.

420.12 40 milligrams per cubic meter (35.0 ppm) one (1) hour average concentration more than once per year.Table 3 -- Northwest Clean Air Agency Regulations – page 43 420.2 Sampling and analysis to determine compliance with this Section shall be as outlined in Section 180 or equivalent as determined by the Control Officer.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 422 - NITROGEN OXIDE STANDARDS

422.1 Nitrogen Dioxide. The annual arithmetic means of nitrogen dioxide measured at an ambient air monitoring station shall not exceed: 100 micrograms per cubic meter (0.050 ppm).

422.2 Sampling and analysis for nitrogen oxides shall be as outlined in Section 180.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 424 - OZONE STANDARD

424.1 Ozone measured at an ambient air monitoring station shall not exceed 0.120 ppm (235 milligrams per cubic meter) hourly concentration on more than one (1) day per calendar year as determined under the following conditions:

424.11 Three (3) calendar years of data shall be used in determining compliance with this standard. If three (3) calendar years of da ta are not available, a minimum of one (1) calendar year must be used and;

424.12 All hourly measurements must start on the clock hour.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 450 - EMISSION STANDARDS - FOREWORD

450.1 The Authority recognizes the need for accu rate source air contaminant data when attempting to correlate ground level concentrations with source emissions or when calculating the expected ground level concentrations.

450.2 Since accurate determination of the required data is a complex process, procedures for obtaining such data should be developed from the emission regulation set forth herein.

450.3 In exercising judgement regarding possibl e ground level concentrations from stack emission data, three desirable elements are:

450.31 Source emission rate data obtained by actual measurement.

450.32 A mathematical model of the community diffusion situation.

450.33 Values for parameters of the model.

450.4 The Authority may develop emission standards for pollutants presently not being emitted in the area of jurisdiction to serve as guides for industries considering loca ting here. These are to be based on the best control experience elsewher e in the nation and consistent with latest technological achievements.

State effective: 9/8/93, EPA effective: 4/24/95Table 3 -- Northwest Clean Air Agency Regulations – page 44 SECTION 451 - EMISSION OF AIR CONTAMINANT - VISUAL STANDARD

451.1 No person shall cause or permit the emission, for any period aggregating more than 3 minutes in any 1 hour, of an air contaminant from any source which, at th e point at emission, or

within a reasonable distance of the point of emission, exceeds 20% opacity except as follows:

451.11 When the owner or operator of a source supplies valid data to show that the opacity is in excess of 20% as a result of the presence of condensed water droplets, and that the concentration of the particulate matter, as shown by a source test approved by the Control Officer, is less than 0.10 (0.23 g/m3) grain/dscf.

451.12 When an emission occurs due to soot bl owing and/or grate cl eaning for not more than 15 minutes in any 8 hours period provide d a continuous opacity measuring system and recorder is installed, and operated as requi red and approved by the Control Officer to record said emissions, or the owner or ope rator of the source ca n demonstrate to the satisfaction of the Control Officer, by some othe r means of record, that the limitations of

this Section will not be exceeded.

451.13 Emissions from a wood waste burner during:

451.131 One startup period not to exceed 30 consecutive minutes in any consecutive 24 hour period.

451.132 Thirty consecutive minutes in any 8 hour period during break and lunch periods, provided that the emissions do not exceed 60% opacity for a period of

more than 6 consecutive minutes. Provide d further, that the operator takes

immediate action to co rrect the condition.

451.14 Emissions from existing petroleum catal ytic cracking units shall not exceed 40% opacity for more than an aggregate of 6 minutes in any 1 hour.

State effective: 11/13/94, EPA effective: 12/26/95

SECTION 452 - MOTOR VEHICLE VISUAL STANDARDS

452.1 No motor vehicle first sold and registered as a new motor vehicle on or after January 1, 1971 shall discharge into the atmosphere, off the pub lic roadways, at elevati ons of less than three thousand feet, any air contaminant for a period of mo re than ten seconds which is in excess of 20% opacity.

452.2 No non-highway mobile source manufactured, or registered or licensed, if applicable, after January 1, 1971 as a new source sh all discharge into the atmosphere any air contaminant in excess of the requirements of 452.1.

452.3 No motor vehicle first sold and registered pr ior to January 1 1971 shall discharge into the atmosphere off the public roadways at elevati ons of less than three thousand feet any air contaminant for a period of more than ten seconds which is in excess of 40% opacity.Table 3 -- Northwest Clean Air Agency Regulations – page 45 452.4 No non-highway mobile source manufactured or registered or licensed prior to January 1, 1971 shall discharge into the atmosphere any air contaminant in excess of the requirements of

452.3.

452.5 No re gistered motor vehicle or non

- highway mobile source, as a pplicable in this Section, shall emit smoke in excess of the requirements of 452.3 for more than six (6) minutes while stationary or emit offensive odors or create a nuisance.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 455 - EMISSION OF PARTICULATE MATTER

455.1 No person shall cause or permit emission of particulate matter in excess of 0.10 grain/dry standard cubic foot (dscf) (0.23 g/ m3) (combustion emissions shall be corrected to 7% O2) except:

455.11 From all gaseous and distillate fuel burning equipment, emissions shall not exceed 0.05 grain/dscf (0.11 g/m3) corrected to 7% oxygen.

455.12 From existing sources utilizing combusti on of wood for the production of steam, no person shall allow or permit emission of pa rticulate matter in excess of 0.20 grain/dscf (0.46 g/m3) corrected to 7% oxygen, as measur ed by procedures specified by the Control

Officer.

455.13 From all existing petroleum catalytic cr acking units emissions shall not exceed 0.20 grain/dscf (0.46 g/m3) of exhaus t gas as corrected to 7% oxygen.

455.14 Wood waste burners shall meet the provisions of Section 458.2.

455.2 Information regarding particulate size distribu tion may be required at the discretion of the

Control Officer.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 458 - INCINERATORS - WOOD WASTE BURNERS

458.1 All wood waste burners are require d to meet the fo llowing conditions:

458.11 Visual emission of air contaminants fr om all wood waste burners shall meet the applicable provisions of Section 451.

458.12 All persons shall use Best Available Control Technology (BACT) in installing, maintaining, and operating wood waste burne rs. This requirement shall include a controlled tangential vent over-f ire air system, an adequate under-fire air system, and the elimination of all unnecessary openings in the burner.

458.2 It shall be unlawful to cause or permit the emission of particulate matter (including smoke) from any wood waste burner, which moves beyond th e property owned or controlled by the owner or operator of said burner, in suffi cient quantity and of such characte ristics and duration as is or is likely to be injurious or cause damage to human h ealth, plant or animal life or property, or whichTable 3 -- Northwest Clean Air Agency Regulations – page 46 unreasonably interferes with the enjoyment of property.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 460 - WEIGHT/HEAT RATE ST ANDARD - EMISSION OF SULFUR

COMPOUNDS

460.1 It shall be unlawful for any person to ca use or allow the emission of sulfur compounds, calculated as sulfur dioxide, from any source to exceed the following:

460.11 All plant sources are limited to an emission not to exceed 1.5 pounds of sulfur dioxide per million BTU of input heat per hour.

460.12 All sources not defined as plant source s may be exempt from subsection 460.11 of this Regulation under the following conditions:

460.121 That such exemption is not in excess of thirty (30) days in the aggregate in any calendar year.

460.122 That the owner or oper ator notify the Control Officer immediately when such exemption is contemplated, or as soon as possible after an emergency has occurred, indicating the expected length of time of such exemption and when normal operations have been resumed.

460.123 That the Control Officer or Board may require from the owner or operator any additional information deemed nece ssary to determine conditions of the proposed exemption and any impose additiona l restrictions or conditions on the exemption if it is determined that Sec tion 410 and/or 462 may be violated and/or other applicable ambient air standards exceeded.

460.2 All plant sources shall submit a proposed schedul e of compliance with this Section not less than one hundred and eighty (180) days after the effective date of this Regulation providing the following:

460.21 The heat capacity of the entire plant source, the average heat output and the capacity and normal operating conditions of each individual source which shall be submitted, reviewed and determined annually at a time and using a method determined by

the Control Officer.

460.23 Any new plants or alterations to exis ting plants shall be required to use Best Available Technology which has been adequate ly demonstrated to achieve compliance with this regulation.

460.3 All plant sources shall submit a monitoring proposal and monitoring schedule within one hundred and twenty (120) days of the effective date of this Regulation. Each proposal shall

include.

460.31 At least one recording meteorological st ation equipped to record wind speed andTable 3 -- Northwest Clean Air Agency Regulations – page 47 direction and located and operated as approved by the Control Officer. The data shall be capable of being recorded and interpreted as hourly averages.

460.32 The sulfur content and quantity of all materials, gaseous or liquid, fed to any boilers, furnaces, heaters, flares or any other f acility capable of generating heat, resulting in emissions to the atmosphere. The sulfur conten t shall be expressed in pounds/hour of sulfur dioxide and shall contain an explanation of how this quantity was actually determined. The sulfur content of the fuel shall be averag ed over a period of time as determined and specified by the Control Officer.

460.33 The sulfur content and quantity of any other individual source capable of emitting sulfur to the atmosphere in quantities in excess of one hundred (100) pounds/day of sulfur compounds calculated as sulfur dioxide. Pr ovided that all sources emitting less than one hundred (100) pounds/day of sulfur compounds, calculated as sulfur dioxide may be estimated collectively as a single emission.

460.34 The monitoring proposal complies wi th provisions of Section 365.

460.4 For the purposes of this Regulation, all sources w ith an input heat capacity greater than five hundred million BTU/hour shall be classified as plant sources.

460.5 The total emissions of all sour ces located in that portion of S ections 2, 3, 4, 5, 9, Township 34 North and Sections 21, 27, 28, 29, 32, 33, 34, 35, in Township 35 North, Range 2 East, Willamette Meridian, all in Skagit County Wa shington, and commonly known as March Point heavy industrial area; shall not exceed seven thousand (7,000) pounds/hour of sulfur compounds,

calculated as sulfur dioxide.

When the Control Officer reasonably believes that there exists a substantial likelihood that this total is likely to be exceeded, he or she shall establish additional temporary restrictions on any or all sources of sulfur compounds in said area to maintain a total emi ssion of less than seven thousand (7,000) pounds/hour. Said re strictions to remain in force only so long as the total emission will exceed 7,000 pounds/hour.

460.6 Emissions from flares, torches and waste ga s burners used by any source subject to this Section shall be governed by the provisions set fort h in this Section. Provided that emissions from said sources that exceed the limits established by the Regulation of this Authority, shall also be subject to Section 340 "Report of Breakdown" when conditions set forth th erein are applicable.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 462 - EMISSION OF SULFUR COMPOUNDS

462.1 It shall be unlawful for any person to cause or permit the emission of air contaminants from any equipment if the air contaminants emitted as measured in the stack contain sulfur compounds calculated as sulfur dioxide, of more than one thousand (1,000) parts per million (2.62 mg/m3), except as otherwise provided by a specific emissi on restriction adopted by this Authority and/or the DOE. For the purpose of this section, all sulfur present in gase ous compounds containingTable 3 -- Northwest Clean Air Agency Regulations – page 48 oxygen shall be deemed present as sulfur dioxide.

462.2 Emissions of sulfur compounds calculated to be in excess of 1,000 parts per million (2.62 mg/m3) at any emission point, sha ll not constitute a violation of Section 462.1 of this Regulation, provided such person responsible for the emi ssion provides reasonable evidence that such emissions will not cause ground level concentrati ons on adjacent property to exceed the values

indicated in Section 410 of this Regulation, and can demonstrat e to the Control Officer there is no practical method of reducing the concentr ation to the above levels or less.

462.3 All concentrations of sulfur dioxide referre d to in this Section are on a volumetric dry basis. For combustion emissions, the exhaust gas volume shall be co rrected to 7% oxygen.

State effective11/13/94, EPA effective: 12/26/95

SECTION 466 - PORTLAND CEMENT PLANTS

466.1 It shall be unlawful for the owner or opera tor of any portland cement plant to cause or allow to be discharged into the atmosphere from:

466.11 Any sources any emission which:

466.111 Contains particulate matter in excess of 0.60 pounds/ton (0.3kg/metric ton) of dry feed to the kiln.

466.112 Contains particulate matter in exce ss of 0.1 grains per dry cubic foot of exhaust gas.

466.113 Exhibit greater than 20% opacity for a period(s), aggregat ing more than 3 minutes in any hour.

466.12 Any source any emission which does not meet the provisions of Section 530 and

550. These sections will be deemed to have been violated if the suspended particulate ambient sample concentration exceeds 100 micrograms per cubic meter of air at any sampling station located off the plant site a nd the Control Officer, af ter investigation of pertinent data, including meteorological data, de termines if there is reasonable probability that the particulate emissions from the s ource resulted in the 100 microgram/cubic meter concentration being exceeded.

466.2 The owner or operator of any portland cement plant shall:

466.21 Record and report the daily production rates, kiln feed rates, fuel type and rates

and such other information as the Cont rol Officer may reasonably request.

466.22 Install, calibrate, maintain and operate a transmission meter or other opacity detector as approved by the Control officer to continuously monitor and record the opacity of the gases to be discharged into the atmosphere from any kiln.

466.221 Report all hourly periods in which ther e are one or more 3 minute periodsTable 3 -- Northwest Clean Air Agency Regulations – page 49 during which the opacity of the gas discha rge to the atmosphere from any kiln

exceeds 20%

466.3 Methods and procedures provided for in Sections 180, 360, 365 and 366, except as provided for in this subsection, or determined equi valent by the Control Offi cer, shall be used to determine compliance.

466.31 Gas Analysis.

466.331 The minimum sampling time and minimum sampling volume for each sampling run, except when process variables or other facts justif y otherwise to the satisfaction of the Control Officer, shall be 60 minutes and 30.0 dscf (0.85 m3) for

the kiln.

466.332 Total kiln feed rate (except fuels) expressed in tons per hour on a dry basis, shall be determined during each te sting period by suitable approved methods and shall be confirmed by a material balance over the production system.

State effective: 9/8/93, EPA effective: 4/24/95

REGULATED ACTIVITIES AND PROHIBITIONS

SECTION 510 - INCINERATOR BURNING

510.1 It shall be unlawful for any person to burn any refuse in any incinerator within the jurisdiction of the Authority except in an approved multiple chamber incinerator or an equivalent design as defined in Section 200 and provided with an emission control fac ility or in equipment found by the Control Officer, in adva nce of such use, to be equally effective for the purpose of air pollution control.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 520 - SULFUR COMPOUNDS IN FUEL

520.1 It shall be unlawful for any person to burn, sell, or make available for sale for burning in fuel burning equipment, or refuse burning equipment, within the jurisdiction of this Authority, any fuel containing a weight of sulfur in ex cess of that allowed by Subsection 520.11, 520.12, 520.13, 520.14 and 520.15. hereof; for a time period not to exceed an aggregate of thirty (30) days in any twelve(12) month period.

520.11 Distillate fuel oil classified as Gr ade No. 1 (ASTM designation: D396-69) shall contain three tenths percent ( 0.3%) or less sulfur by weight.

520.12 Distillate fuel oil classified as Gr ade No. 2 (ASTM Designa tion: D396-69) shall contain five-tenths percent (0.5% ) or less sulfur by weight.

520.13 All other grades or kinds of fuel oil in tended for use in fuel oil burning equipment including ASTM Designation: D396-69 Grades No. 4, 5, and 6 shall contain two percent (2.0%) or less sulfur by weight.Table 3 -- Northwest Clean Air Agency Regulations – page 50 520.14 Gaseous fuel shall contain 50 grains (412 ppm @ standard conditions) or less sulfur per 100 standard cubic feet except that this subsect ion shall not apply to those sources subject to Section 460.

520.15 Solid fuel (such as, but not limited to, coal, coke, and refuse) shall contain two percent (2.0%) or less sulfur by weight.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 550 - PREVENTING PARTI CULATE MATTER FROM BECOMING

AIRBORNE

550.1 It shall be unlawful for any person to cause or permit material to be handled, transported or stored without using Best Available Control Technology to prevent th e release of fugitive particulate matter to the ambient air.

550.2 It shall be unlawful for any person to cause or permit a building or its appurtenances or a road to be constructed, altere d, repaired or demolished, or conduct sandblasting, without using Best Available Control Technology to prevent the release of fugitive part iculate matter to the

ambient air.

550.3 It shall be unlawful for any person to cause or permit untreated open areas located within a private lot or roadway to be maintained wit hout using Best Available Control Technology to prevent the release fugiti ve of particulate matter to the ambient air.

550.4 It shall be unlawful for any person to caus e or permit the emission of particulate matter which becomes deposited upon the property of othe rs in sufficient quantities and of such characteristics and duration as is, or is likely to be , injurious to human health, plant or animal life, or property, or which unreasonably interfer es with enjoyment of life and property.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 560 - STORAGE OF ORGANIC LIQUID

560.1 A person shall not place, store or hold in any st ationary tank, reservoir or other container of more than 40,000 gallons, any petroleum liquids or a tank greater than 6,000 gallons capacity or greater containing other organic liquids or solvents having a True Vapor Pressure of 1.5 pounds per square inch or greater under actual storage conditions, unless such tank, reservoir or other container is a pressure tank ma intaining working pressure sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere, or is designed and equipped with one of the following vapor loss control devices, properly insta lled, in good working order and in operation:

560.11 A floating roof, consisting of a pontoon type or double-deck type roof, resting on the surface of the liquid contents and equipped wi th a closure seal, or seals, to close the space between the roof edge and tank wall. The control equipment provided for in this paragraph shall not be used if the gasoline or petroleum distillate has a True Vapor Pressure of 11.1 pounds per square inch or greater under actual storage conditi ons. All tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.Table 3 -- Northwest Clean Air Agency Regulations – page 51 560.12 A vapor recovery system, consisting of a vapor gathering system capable of collecting the hydrocarbon vapor s and gases discharged and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission to the atmosphere and with all tank gauging devices gas-tight except when gauging or sampling is taking place.

560.13 Other equipment of equal efficiency, provided such equipment is submitted to and approved by the Control Officer.

State effective: 9/8/93, EPA effective: 4/24/95

SECTION 580 - VOLATILE OR GANIC COMPOUND CONTROL

580.1 The Board of Directors has noted the measurem ent of ozone concentrations (one hour ave.) nearing the Federal ambient standard at the northern and southern boundaries of the NWAPA jurisdiction. The expanding population and the presence of four la rge refineries contribute volatile organic compound (VOC) emissions to the atmo sphere. Photochemically reactive VOCs are precursors to ozone formation. In order to mainta in the current attainment status for ozone, the Board has adopted specific measures to cont rol VOC emissions. Reasonable Available Control Technology (RACT) is required fo r existing refinery operations, gasoline marketing, and in the use of cutback asphalt. RACT is defined as the lowest emission limit that a particular source is capable of meeting by the application of cont rol that is reasonably available considering technological and economic feasibility. Best Available Control Technology for VOC will be required on all new sources.

SECTION 580 - DEFINITIONS

BOTTOM LOADING - means the filling of a tank through a submerged fill line.

BULK GASOLINE PLANT - means a gasoline storage and tran sfer facility th at receives more than ninety percent of its annua l gasoline through put by transpor t tank, and reloads gasoline into transport tanks. See also "gasoline sta tion" and "gasoline lo ading terminal."

CERTIFIED VAPOR RECOVERY SYSTEM - means a stage II vapor recovery system which has been certified by the Calif ornia Air Resources Board.

CLOSED REFINERY SYSTEM - means a disposal system that will process or dispose of those VOC collected from another system.

CUTBACK ASPHALT - means an asphalt that has been bl ended with more than seven percent petroleum distillates by weight.

DISPOSAL SYSTEM - means a process or device that reduces the mass quantity of the uncontrolled VOC emissions by at least ninety percent.

GASOLINE - Means a petroleum distillate having a true vapor pressure greater than 28.0 kilopascals (kPa) (4 pounds per s quare inch absolute -p.s.i.a.) - at 20 degrees Celsius (20 C)Table 3 -- Northwest Clean Air Agency Regulations – page 52 temperature, that is a liquid at standard conditions of 102.9 kPa (14.7 psi) and 20 C, and is used as a fuel for internal combustion engines.

GASOLINE STATION - means any facility dispensing ga soline into fuel tanks of motor vehicles, from stationary storag e tanks. See also "bulk gasoline plant" and "gasoline loading

terminal."

GASOLINE LOADING TERMINAL - means a gasoline transfer facility that receives more than ten percent of its annual ga soline throughput solely or in combination by pipeline, ship or barge, and loads gasoline into transport tanks . See also "bulk gasolin e plant" and "gasoline

station."

LEAK FREE - means a liquid leak of less than four drops per minute.

PETROLEUM REFINERY - means a facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products by distilling crude oils or redistilling, cracking, extrac ting or reforming unfinished petroleum derivatives.

PROCESS UNIT - means all the equipment essential to a particular production process.

PROPER ATTACHMENT FITTINGS - means connecting hardware for the attachment of fuel transfer or vapor lines which meets or exceeds industrial standards or specifications and the standards of other agencies or instituti ons responsible for health and safety.

REID VAPOR PRESSURE - means the true vapor pressure of volatile organic compounds at 37.8 degrees Celsius (100 degrees Fahrenheit) temperature.

STAGE II - means gasoline vapor rec overy during motor vehicle refueling operations from stationary tanks.

SUBMERGED FILL LINE - means a pipe, tube, fitting or othe r hardware for loading liquid into a tank either a discharge opening fl ush with the tank bottom; or w ith a discharge opening entirely 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 meas ured in the main portion of the tank, but not in sumps or similar protrusions.

SUBMERGED LOADING - means the filling of a tank with a submerged fill line.

SUITABLE CLOSURE or SUITABLE COVER - means a door, hatch, cover, lid, pipe cap, pipe blind, valve or similar device that preven ts the accidental spilling or emitting of VOC. Pressure relief valves, aspirator vents or other devices specifica lly required for safety and fire protection are not included.

TRANSPORT TANK - means a container with a capacity greater than one thousand liters (260 gallons) used for transporting gasoline, includi ng but not limited to, tank truck, tank trailer, railroad car, and metallic or nonmetallic tank or ce ll conveyed on a flatbed truck, trailer or railroadTable 3 -- Northwest Clean Air Agency Regulations – page 53 car.

THROUGHPUT - means the amount of material passing through a facility.

TRUE VAPOR PRESSURE - means the equilibrium partial pressure of an organic liquid (determined with methods described in Ameri can Petroleum Institute Bulletin 2517, "Evaporation Loss from Floating Roof Tanks," 1962).

TURNAROUND or PROCESS UNIT TURNAROUNDS - means the shutting down and starting up of process units for periodic major ma intenance and repair of equipment, or other planned purpose.

UPGRADED - means the replacement or modification gasoline storage tank(s) and/or piping system(s) that exceeds 50% of the replacement cost.

VAPOR BALANCE SYSTEM - means a combination of pipes or hoses which create a closed system between the vapor spaces of an unloadi ng tank and receiving tank such that the vapors displaced from the receiving tank are tr ansferred to the tank being unloaded.

VAPOR BALANCING - means use of a vapor balance system.

VAPOR RECOVERY SYSTEM - means a process which prevents emission to the atmosphere of volatile organic compounds rele ased by the operation of any tr ansfer, storage, or process equipment.

VOLATILE ORGANIC COMPOUND or VOC - means an hydrocarbon or derivative of hydrocarbon that has a vapor pre ssure greater than 0.01 Kpa (0.002 ps ia) at a temperature of 20 C and pressure of 102.9 Kpa (14.7 psi). Exclude d compounds are methane, ethane, methylene chloride, 1,1,1-trichloroethane (methyl chloroform), trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), chlorodifluor omethane (CFC-22), trifluoromethane (FC-23), trichlorotrifluoroethane (C FC-113), dichlorotetrafl uoroethane (CFC-114), and chloropentafluoroethane (CFC-115).

WAXY, HEAVY POUR CRUDE OIL - means a crude oil with a pour point of 10 C or higher (determined by the American Society for Testing and Materials Standard D97-66, "Test for Pour Point of Petroleum Oils").

SECTION 580.2 - PETROLEUM REFINERIES

580.21 This section shall apply to all petroleum refi neries with a crude oil or feed stock capacity greater than three hundred eighteen thousand liters ( 2,000 barrels) per day.

580.22 It shall be unlawful for any person to cau se or allow the disposal of VOC from the vacuum producing systems covered under this subsection except as follows:Table 3 -- Northwest Clean Air Agency Regulations – page 54 580.221 Noncondensable VOC shall be piped to an appropriate firebox, incinerator or to a closed refinery system.

580.222 Hot wells associated with contact condensers shall be tightly covered and the

collected VOC introduced into a closed refinery system.

580.23 It shall be unlawful for any person to cau se or allow the operation of a wastewater separator with annual VOC emissions estimated by the Authority to exceed 25 tons, when such operation does not comply as follows:

580.231 Wastewater separator forebays shall incorporate a floating pontoon or fixed solid cover with all openings sealed totally enclos ing the compartmented liquid contents, or a floating pontoon or a double deck-type cover equipped with closure seals between the cover edge and compartment wall. Collected vapors shall not be discharged to the atmosphere.

580.232 Accesses for gauging and sampling shall be designed to minimize VOC emissions during actual use. All access points shall be closed w ith suitable covers when not

in use.

580.24 It shall be unlawful for any person to caus e or allow a process un it turnaround which does not comply with the following conditions:

580.241 The VOC contained in a process unit to be depressurized for turnaround shall be introduced to a closed refinery system, combusted by a flare, or vented to a disposal system

580.242 The VOC pressure in a process unit following depressurization for turnaround shall be less than five pounds per square inch gauge (psig) before venting to the ambient

air.

580.243 The owner or operator shall keep a reco rd of each process unit turnaround not in compliance with 580.242.

580.244 The owner or operator shall keep a reco rd of each process unit turnaround listing the date the unit was shut down, the estimat ed vessel VOC concentration when the VOC was first emitted, and the estimated total quantity of VOC emitted.

580.25 Equipment for the reduction, collection or disposal of VOC shall be maintained and operated in a manner commensurate w ith accepted industrial practices.

SECTION 580.3 - HIGH VAPOR PRESSU RE VOLATILE ORGANIC COMPOUND

STORAGE TANKS

580.31 This section shall apply to al l tanks except as noted in Sec tion 580.35 of this section which store volatile organic compounds with a true vapor pressure as stored grea ter than 10.5 kilopascals (kPa) 1.5 pounds per square inch (psia), but le ss than 77.7 kPa (11.1 psia) at actual monthly average storage temperatures and have a capacit y greater than one hundred fifty thousand liters (40,000 gallons).Table 3 -- Northwest Clean Air Agency Regulations – page 55 580.32 It shall be unlawful for any person to cause or allow storage of volatile organic compounds as specified in Section 580.31 unl ess each storage tank or container:

580.321 Meets the equipment specifications an d maintenance requirements of the

Federal Standards of Performance for New St ationary Sources -Storage Vessels for Petroleum Liquids (40 CFR 60, subpart Kb); or

580.322 Is retrofitted with a floating roof or internal floating cover using a metallic seal

or a nonmetallic resilient seal at least meeting the equipment specifications of the Federal

standards referred to in 580.321 of this subsection, or its equivalent; or

580.323 Is fitted with a floating roof or intern al floating cover meeting the manufacturer's equipment specifications in effect when it was installed.

580.33 All seals used with equipment subject to this section are to be maintained in good operating condition and the seal fabric shall cont ain no visible holes, tear s or other openings.

580.34 All openings not related to safety are to be sealed with suitable closures.

580.35 Tanks used for the storage of gasoline in bulk gasoline plants and equipped with vapor balance systems as required in 580.52 shall be ex empt from the requirements of this section.

580.36 All tanks storing volatile organic compounds w ith a true vapor pressure greater than 77.7 Kpa (11.1 psia) shall be equipped wi th a vapor recovery system

SECTION 580.4 - GASOLINE LOADING TERMINALS

580.41 Section 580.42 shall apply to all gasoline loading terminals with an annual gasoline throughput greater than twenty-seven million th ree hundred thousand liters (7,200,000 gallons).

580.42 It shall be unlawful for any person to cau se or allow the loading of gasoline into any transport tank unless all the following conditions are met:

580.421 The loading terminal shall employ subm erged loading or bottom loading and be equipped with a vapor control system.

580.422 All loading lines and vapor lines shall be equipped w ith vapor-tight fittings which close automatically upon disconnect. The po int of closure shall be on the tank side of any hose or immediate connecting line.

580.423 All vapor return lines shall be connected between the transport tank and the vapor control system such that all displaced volatile organic compounds are vented to the

vapor recovery system.

580.424 The vapor control system shall prevent the emission of at least 90 percent by weight of the volatile organic compounds and shall limit the emission of volatile organic compounds to no more than 35 milligrams per lit er of gasoline transferred. ComplianceTable 3 -- Northwest Clean Air Agency Regulations – page 56 shall be demonstrated biannially by conduc ting emission testing according to EPA Method 25 or another method approved by the Control Of ficer. Thirty days a dvance notification is required.

580.425 The vapor control system shall be equippe d with an appropriate alarm system to alert personnel when the system is not in compliance with 580.424. Prior approval by the Control Officer is required.

580.426 All loading arms shall be designed, maintained and operated to prevent overfill, prevent fugitive liquid or va por leaks, and prevent excess gasoline drainage during disconnect in accordance with the requirements of 580.10.

SECTION 580.5 - BULK GASOLINE PLANTS

580.51 Section 580.5 shall apply to all gasoline bulk plants.

580.511 It shall be unlawful for any person to cause or allow the storage of gasoline in tanks with a capacity of two thousand one hundred liters (550 gallons ) or greater unless such storage is in tanks meeting the following conditions:

580.5111 Each storage tank shall be equi pped with a submerged fill line.

580.512 It shall be unlawful for any person to ca use or allow transfer of gasoline between a storage tank and a transport tank except under the following condition:

580.5121 All transport tanks shall be submerged filled or bottom loaded.

580.52 Section 580.52 shall apply to a ll bulk gasoline plants with an annual gasoline throughput greater than seven million six hundred thousand liters (2,000,000 gallons).

580.521 It shall be unlawful for any person to cause or allow the storage of gasoline in tanks with a capacity of two thousand one hundred liters (550 gallons ) or greater unless such storage is in tanks meeting the following conditions:

580.5211 Each storage tank shall be equi pped for vapor balancing of gasoline vapors with transport tanks duri ng gasoline transfer operations.

580.5212 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 disconnect.

580.5213 The pressure relief valves on storag e tanks shall be set at the highest possible pressure consistent with local and state codes for fire and safety.

580.522 Except as provided in 580.523 of this section, it shall be unlawful for any person to cause or allow the transfer of gasoline into or out of any transpor t tank at a bulk gasolineTable 3 -- Northwest Clean Air Agency Regulations – page 57 plant unless said transfer is in co mpliance with the following conditions:

580.5221 The transport tank shall be equipped with the proper attachment fittings to make vapor-tight connections for va por balancing with storage tanks; and

580.5222 The vapor line fittings on the transp ort tank side of break points with the storage tank connection pipe or hose shall be equipped to close automatically upon planned or unintentional disconnect; and

580.5223 The pressure relief valves on transpor t tanks shall be set at the highest possible pressure consistent with local and state codes for fire and safety.

580.523 The vapor line fittings on the storage ta nk side of break points with the transport tank vapor connection pipe or hose shall be equipped to close automatically upon planned

or unintentional disconnect.

580.5231 The transport tank is used exclusiv ely for the delivery of gasoline into storage tanks of a facility exempt from the vapor balance requirements of 580.6;

and

580.5232 The transport tank has a total capacity less than fifteen thousand liters (4,000 gallons) and is of a compartmente d design and construction requiring the

installation of four or more separate vapor balance fittings.

580.524 The pressure relief valves on storage ta nks shall be set at the highest possible pressure consistent with local and state codes for fire and safety.

580.5241 The loading of all transport tanks, exempted under 580.523 of this section, shall be performed such that at least ninety percent by weight of the gasoline vapors displaced during filling are prevented from being released into the ambient air; providing that emissions from pressure relief valves shall not be included in the controlled emissions. This emission limitation will be met by vapor balancing in compliance with all provisions of this section.

580.525 It shall be unlawful for any person to cause or allow continued transfer of gasoline at any transfer point following occurren ce of failure or leakage in any part of the vapor balance system, provided that occurren ce of failure or leakage during loading or unloading of a transport tank shall not prevent the complete loading or unloading of the

tank.

580.526 It shall be unlawful for any person to cause or permit the operation of a bulk gasoline plant or a transport tank without taki ng reasonable necessary measures to prevent the spilling, discarding in sewers, storing in op en containers or handl ing of gasoline in a manner on the plant site that will result in evaporation to the ambient air.

580.53 Except as provided in 580.54 of this section, it shall be unlawful fo r any person to causeTable 3 -- Northwest Clean Air Agency Regulations – page 58 or allow the transfer of gasoline into or out of any transport tank at a bulk gasoline plant unless said transfer is in compliance w ith the following conditions:

580.531 The transport tank shall be equipped with the proper attachment fittings to make vapor-tight connections for vapor ba lancing with storage tanks; and

580.532 The vapor line fittings on the transport tank side of break points with the storage tank connection pipe or hose shall be equi pped to close automatic ally upon planned or unintentional disconnect; and

580.533 The pressure relief valves on transport ta nks shall be set at the highest possible pressure consistent with local and state codes for fire and safety.

580.54 Transport tanks used for gasoline shall be exempt from the requirement to be equipped with any attachment fitting for vapor balance lin es, provided the following conditions are met:

580.541 The transport tank is used exclusively fo r the delivery of gasoline into storage tanks of a facility exempt from the vapor balance requirements of 580.6; and

580.542 The transport tank has a total capacity less than fifteen thousand liters (4,000 gallons) and is of a compartmented design a nd construction requiring the installation of four or more separate vapor balance fittings.

580.55 It shall be unlawful for any person to cause or allow transfer of gasoline between a storage tank and a transport tank except under the following conditions:

580.551 The loading of all transport tanks, ex cept those exempted under 580.54 of this section, shall be performed such that ninety percent by weight of the gasoline vapors displaced during filling are prevented from be ing released into the ambient air; providing that emissions from pressure relief valves shall not be included in the controlled emissions. This emission limitation will be met by vapor ba lancing in compliance with all provisions

of this section.

580.56 It shall be unlawful for any person to cause or allow continue d transfer of gasoline at any transfer point following occurrence of failure or leakage in any pa rt of the vapor balance system, provided that occurrence of failure or leakage during loading or unl oading of a transport tank shall not prevent the complete loading or unloading of the tank.

580.57 It shall be unlawful for any person to cau se or permit the operation of a bulk gasoline plant or a transport tank without taking reasonabl e necessary measures to prevent the spilling, discarding in sewers, storing in open containers or handling of gasoline in a manner on the plant

site that will result in eva poration to the ambient air.

SECTION 580.6 - GASOLINE STATIONS

580.61 Section 580.62 shall apply to:

580.611 All gasoline stations in existence on Ja nuary 1, 1990 with a total annual gasolineTable 3 -- Northwest Clean Air Agency Regulations – page 59 output greater than one million three hundred sixty-four thousand liters (360,000 gallons) and total gasoline storage capacity greater than thirty-eight thousa nd liters (10,000 gallons)

and

580.612 All gasoline stations installed or reconstructed af ter January 1, 1990.

580.62 It shall be unlawful for any person to cause or allow the transfer of gasoline from any transport tank into any stationary storage tank ex cept as provided in 580.63 of this section unless the following conditions are met:

580.621 Such stationary storage tank is equipped with a permanent submerged fill pipe and approved vapor recovery system, and

580.622 Such transport tank is equipped to ba lance vapors and is maintained in a vapor-tight condition in accord ance with Section 580.10 and

580.623 All vapor return line are connected betw een the transport tank and the stationary storage tank and the vapor recovery system is operating.

580.63 Notwithstanding the requirements of 580.61 of this regulation, the following stationary gasoline storage tanks are exempt from the requirements of 580.62:

580.631 All tanks with a capacity less than seven thousand five hundred liters (2,000 gallons) installed before January 1, 1990.

580.632 All tanks with offset fill lines installed before January 1, 1990.

580.633 All tanks with a capacity less than one thousand liters (260 gallons).

580.64 It shall be unlawful for any person to cau se or allow the transfer of gasoline from a stationary tank into a motor vehicle fuel tank exce pt as provided in 580.65 of this section unless the following conditions are met:

580.641 The gasoline station shall be equipped with a certified Stage II vapor recovery

systems.

580.642 The owner or operator of the gasoline station shall not allo w the transfer of gasoline from stationary tanks in to motor vehicle fuel tanks un less a certified State II vapor recovery system is used.

580.643 All Stage II vapor recovery equipment sha ll be maintained in accordance with the systems certification requirements and shall be maintained to be leak free, vapor tight, and in good working order.

580.644 Whenever a Stage II vapor recovery system is determined to be defective, the owner or operator shall take the system out of service until it has been repaired, replaced, or adjusted, as necessary.Table 3 -- Northwest Clean Air Agency Regulations – page 60 580.645 The owner or operator of each gasoline station utilizing Stage II vapor controls shall post operating instructions for the syst em as referenced in WAC 173-491-40 (5),(f).

580.65 The following gasoline stations are exempt from the requirements of 580.64:

580.651 All gasoline stations in existence August 2, 1991 having an annual gasoline throughput less than three million, one hundred and eighty-two thousand liters (840,000 gallons).

580.652 All gasoline stations bu ilt after August 2, 1991 with a nominal gasoline storage capacity of thirty-seven thousand nine hundred liters (10,000 gallons) or less.

SECTION 580.7 - CUTBACK ASPHALT PAVING

580.71 After June 1, 1990, it shall be unlawful for an y person to cause or al low the use of cutback asphalt in paving during the months of June, Jul y, August and September, ex cept as provided for in

580.72 of this section.

580.72 The following paving uses and applications of cutback asphalts are permitted during all months of the year;

580.721 As a penetrating prime coat on aggregate bases prior to paving.

580.722 The manufacture of patching mixes used exclusively for pavement maintenance and needed to be stockpiled for times longer than one month.

580.723 All paving uses when the temperature during application is below 10 C (50 F).

SECTION 580.8 - PETROLEUM RE FINERY EQUIPMENT LEAKS

580.81 This section shall apply to all component s handling volatile organic compounds at petroleum refinery process units which utilize butane or lighter hydroc arbons as a primary feedstock. The process units shall include al kylation, polymerization, and light ends units.

580.82 It shall be unlawful for any person to cause or allow the operation of a petroleum refinery unless such person:

580.821 Develops and conducts a monitoring progr am consistent with the provisions of

580.84 of this Section.

580.822 Records all leaking components which have a VOC concentration greater than 10,000 ppm and places a weatherpro of tag bearing an identification number and the dateTable 3 -- Northwest Clean Air Agency Regulations – page 61 the leak was located on e ach leaking component;

580.823 Corrects and retests the leaking component, as soon as practicable, but not later than fifteen days after the leak is recorde d. If a leak continue s after all reasonable corrective actions have been taken, then the co mponent shall be repaired or replaced on the next scheduled turnaround;

580.824 Identified all leaking components that ca nnot be corrected until the refinery unit

is shut down for turnaround.

580.83 It shall be unlawful to in stall or operate a sample point at the end of a pipe or line containing VOC unless the pipe or line is sealed with a second su itable closure. Exceptions to this requirement are the ends of a pipe or line connected to pressure relief valves, aspirator vents or other devices specifically required to be open for safety protection. The sealing device shall be removed only when a sample is being taken or during maintenance operations.

580.84 The owner or operator of a petroleum refinery shall conduct a monitoring program according to EPA reference method 21 and c onsistent with the following provisions:

580.841 Monitor all pump seals, pipeline valv es in liquid service and process drains yearly;

580.842 Monitor all compressor seals, pipeline valves in gaseous se rvice and pressure relief valves in gase ous service quarterly;

580.843 The source may petition the Control Officer to relax the frequency of monitoring from quarterly to annually. The source must show three consecutive quarterly results showing a leak rate of less than two percent for individua l process units. If annual monitoring results indicate a leak rate greater than two percent, the source will be required to comply with 580.842

580.844 Visually monitor al l pump seals weekly;

580.845 Monitor any dripping pum p seal immediately;

580.846 Visually inspect any relief valve within twenty-four hours after it has vented to the atmosphere; and

580.847 Monitor immediately after repair any component that was found leaking.

580.85 Pressure relief devices that are connected to an operating flare header, vapor recovery device, inaccessible valves, storag e tank valves and valves that ar e not externally regulated are exempt from the monitoring requ irements of this Section.

580.86 The owner or operator of a petroleum re finery shall maintain a leaking component monitoring log that shall contain, a t a minimum, the following:Table 3 -- Northwest Clean Air Agency Regulations – page 62 580.861 The name of the process unit where the component is located;

580.862 The type of component;

580.863 The tag number of the component;

580.864 The date on which a leaking component is discovered;

580.865 The date on which a leaking component is repaired;

580.866 The date and instrument reading of the recheck procedure after a leaking component is repaired

580.867 A record of the calibration of the monitoring instrument;

580.868 A record of those leaks that cannot be repaired until turnaround;

580.869 The total number of components check ed and the total number of components found leaking. Copies of the monitoring log sh all be retained for a minimum of two years after the date on which the record was made or the report prepared.

SECTION 580.9 - HIGH VAPOR PRESSU RE VOLATILE ORGANIC COMPOUND

STORAGE IN EXTERNAL FLOATING ROOF TANKS

580.91 This section shall apply to all VOC storage vessels equipped with ex ternal floating roofs, having capacities greater than 150,0 00 liters (40,000 gallons). Complia nce with this section shall be achieved by December 31, 1999.

580.92 This section does not appl y to storage vessels that:

580.921 Are used to store waxy, heavy pour crude oil;

580.922 Have capacities less than 1,600,000 liters (420,000 gallons) and are used to store produced crude oil and condensate pr ior to lease custody transfer;

580.923 Contain a volatile organi c compound with a true vapor pressure of less than 10.5 kPa (1.5 psia);

580.924 Contain a volatile organic compound with a true vapor pressure less than 27.6 kPa (4.0 psia), are of welded construction, a nd presently possess a metallic-type shoe seal, a liquid mounted foam seal, a liquid-mounted liquid fill type seal, or other equivalent closure device approved by the Control Officer; or

580.925 Are of welded constructio n, equipped with a metallic-t ype shoe primary seal and have a shoe-mounted secondary seal.Table 3 -- Northwest Clean Air Agency Regulations – page 63 580.93 It shall be unlawful for any person to store a volatile organic com pound in a vessel subject

to this section unless the vessel has been fitted with a rim-mounted secondary seal or an equivalent closure device approved by the Control Officer.

580.94 All seals or closure devices required by 5 80.93 shall meet the following requirements:

580.941 There must be no visible holes, tears, or ot her openings in the seal or seal fabric;

580.942 The seal shall be intact and uniformly in place around the ci rcumference of the floating roof between the roof and the tank wall; and

580.943 For vapor mounted primary seals, the accumulated area of gaps exceeding 0.32 cm (1/8 inch) in width between the secondary seal and the tank wall shall not exceed 21.2 cm2 per meter of tank diameter (1.0 in 2 per foot of tank diameter).

580.95 All openings in the external floating roof, ex cept for automatic bleeder vents, rim space vents, and leg sl eeves shall be:

580.951 Equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and

580.952 Equipped with projections into the tank which remain below the liquid surface at

all times.

580.96 Automatic bleeder vents shall be closed at all times except when the roof is floated off or landed on the roof leg supports;

580.97 Rim vents shall be set to open when the roof is being floated off the leg supports or at the manufacturer's recommended setting;

580.98 Emergency roof drains shal l be provided with slotted me mbrane fabric covers or equivalent which cover at least ninety percent of the area of the opening.

580.99 Routine inspections shall be performed as follows:

580.991 Conduct a semi-annual visual inspecti on of the secondary seal gap;

580.992 Measure the secondary seal gap annually if the floating roof is equipped with a vapor-mounted primary seal; and

580.993 Maintain records of the types of petr oleum liquids stored, the maximum true vapor pressure of the liquid as stored, and the results of any inspections performed for period of two years after the date on which the record was made.

580.994 A person proposing to measure the seal fit of a storage vessel in order to comply with this section shall notify th e Control Officer of the intent to measure not less than five working days before the measurement so the Control Officer may at his option observe theTable 3 -- Northwest Clean Air Agency Regulations – page 64 measurement.

580.100 It shall be unlawful for any person to store a volatile organic compound in a vessel with an external floating roof exem pted from this section by 580.924, but containing a volatile organic compound with a true vapo r pressure greater than 10.5 kPa (1.5 psia) unless records of the average monthly storag e temperature, the type of liquid and the maximum true vapor pressure of such liquids are maintained.

SECTION 580.10 - LEAKS FROM GASOLI NE TRANSPORT TANKS AND VAPOR

CONTROL SYSTEMS

580.101 This Section shall apply to all gasoline transport tanks a nd all facilities subject to 580.4, 580.5, and 580.6 of the Northwest Air Pollution Au thority Regulation beginning January 1, 1991.

580.102 It shall be unlawful for any person to cause or allow the transfer of gasoline between a facility subject to the requireme nts of this Section and a gasolin e transport tank unless a current leak test certification for the transport tank is on file with the facility or a valid inspection sticker is displayed on the vehicle.

580.103 It shall be unlawful for any person to cause or allow the use of any transport tank for the transfer or gasoline at a facility subject to the requirements of this Section, unless the tank:

580.1031 Is leak tested annually in acco rdance with 580.105; and 580.1032. Either displays a sticker or carries a certificate which: (a) shows the date the tank last passed the leak test; and (b ) shows the identification number of the tank; and

580.1032 Either displays a sticker or carries a certificate which: (a) shows the date the tank last passed the leak test; and (b ) shows the identification number of the tank; and

580.1033 Is loaded and unloaded in such a ma nner that the concen tration of gasoline vapors is below the lower explosive limit (expres sed as propane) at all points a distance of 2.5 cm(1 inch) or greater from any potential leak source. Any transport tank which fails to meet the requirements of this subparagraph sh all be repaired and retested in accordance with the provisions of 580.105 within 10 work ing days. The Control Officer shall be notified in writing within 5 days after th e completion of the required leak test.

580.104 It shall be unlawful for any person to cause or allow the operation of any facility subject to this Section unless the vapor control system and the gasoline loading equipment is operated during all loading and unload ing of gasoline such that:

580.1041 The concentrations of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distan ce of 2.5 cm (1 inch) or greater from any potential leak source; and

580.1042 There are no liquid leaks in excess of three dr ops per minute and there is no moreTable 3 -- Northwest Clean Air Agency Regulations – page 65 than 10 ml of liquid drainage per disconnect.

580.105 In accordance with 580.114, the annual leak te st required by 580.103 shall be performed according to the procedures specified in EP A Reference Method 27. During the test each transport tank shall sustain a pre ssure change of no more than 0.75 Kp a (3 inches of water) in five minutes when pressurized to a gauge pressure of 4.5 Kpa (18 inches of water) and evacuated to a gauge pressure of 1.5 Kpa (6 in ches of water) during the test.

SECTION 580.11 - SCOPE, REGISTRATI ON, REPORTING AND NOTICE OF

CONSTRUCTION

580.111 The owner or operator of a stationary emission source of VOC shall notify the Authority and register the source in compliance with Sections 300, 320, 321, 322,323,324.

580.112 The owner or operator of a re gistered stationary emission source of VOC shall furnish, upon request of the Control Officer, such data as th e Agency may require to calculate the emission of the source and evaluate the emission control pr ogram; and such other data at times as may be required by the Control Officer. The data shall be supplied not later than (60) sixty days following the request, in a form and according to instru ctions received from the Control Officer.

580.113 Owners or operators of stationary emission sources of VOC, as defined in Section 580, shall demonstrate compliance with these regula tions, using procedures approved by the Control Officer. These procedures shall comply with established EPA/DOE Reference Testing Methods. Where source sampling is required, procedures sha ll be used as specified in Section 180 of the NWAPA Regulation.

580.114 The owner or operator of any source of VOC emissions subject to the provisions of

Section 580 shall:

580.1141 Install, operate, and maintain, proces s and/or control equipment, monitoring instruments or procedures as necessary to comply with paragraph 580.113 of this section; provided that use of Monitoring instruments or procedures is required only as specified in

EPA/DOE Documents cited in subsection 580.113.

580.1142 Maintain, in writing, records and/or re ports relating to monitoring instruments or procedures which will, upon review, doc ument the compliance status of the VOC emission source or control equipment to the sa tisfaction of the Control Officer. Reports

shall be forwarded to the Control Officer as required by proce dures cited in 580.113. For sources subject to580.6 and 580.7, no reco rds or reports are required.

580.1143 The provisions of the NWAPA Regulati on regarding Notices of Construction shall apply to new or altered VOC emission s ource, and no person shall construct, install,

or establish a new or altered VOC emissi on source except in compliance therewith.

SECTION 580.12 - SCHEDULE OF COMPLIANCE DATES

580.121 Section 580 shall become effective thro ughout the Authority’s ju risdictional area uponTable 3 -- Northwest Clean Air Agency Regulations – page 66 adoption of this section. All VOC sources shall be in compliance within a reasonable time but no later that the following schedul e unless otherwise stated:

Petroleum Refineries December 31, 1993

Gasoline Terminals December 31, 1993

Bulk Gasoline Plants December 31, 1993

Gasoline Stations - Stage I December 31, 1993

Gasoline Stations - Stage II

New or upgraded stations constructed af ter August 2, 1991 shall comply upon completion

of construction.

Stations with an annual gasoline throughput gr eater than 1.2 million gallons shall comply by no later than May 1, 1994.

Stations with an annual gaso line throughput greater than 840,000 gallons , not previously required to comply shall comply by no later than December 31, 1998.

State effective: 11/13/94; EPA effective: 12/26/95