TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 1 TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST

CLEAN AIR AGENCY (NWCAA) JURISDICTION

(Applicable in Island, Skagit and Whatcom counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdic tion and facilities subject to the applicability sections of WAC 173-405-012, WAC 173-410-012, and W AC 173-415-012).

Washington Department of Ecology Regulations

WAC 173-400 -- GENERAL REGULATIONS FOR AIR POLLUTIO N SOURCES

173-400-010 Policy and Purpose.

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

(2) It is the purpose of this chapter to establish technically feasible and reasonably attainable standards and to establish rules generally applicab le to the control and/or prevention of the

emission of air contaminants.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-020 Applicability.

(1) The provisions of this chapter shall apply sta te-wide.

(2) An authority may enforce this chapter and may also adopt standards or requirements. These standards or requirements may not be less stringent than the current state air quality rules and may be more stringent than the current regulations. Un less properly delegated by ecology, authorities do not have jurisdiction over the following sources :

(a) Specific source categories over which the stat e, by separate regulation, has assumed or hereafter does assume jurisdiction.

(b) Automobiles, trucks, aircraft.

(c) Those sources under the jurisdiction of the en ergy facility site evaluation council.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-030 Definitions.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 2 Except as provided elsewhere in this chapter, the f ollowing definitions apply throughout the chapter:

(1) "Actual emissions" means the actual rate of em issions of a pollutant from an emission unit, as determined in accordance with (a) through (c) of th is subsection.

(a) In general, actual emissions as of a particula r date shall equal the average rate, in tons per year, at which the emissions unit actually emit ted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. Ecology or an authority shall allow the use of a different time period upon a determination that it is more representative of nor mal source operation. Actual emissions shall be calculated using the emissions unit's actu al operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) Ecology or an authority may presume that sourc e-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.

(c) For any emissions unit which has not begun nor mal operations on the particular date, actual emissions shall equal the potential to emit of the emissions unit on that date.

(2) "Adverse impact on visibility" means visibilit y impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the

Federal Class I area. This determination must be m ade on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairment, and how these factors correlate with (a) times of v isitor use of the Federal Class I area, and (b) the frequency and timing of natural conditions that red uce visibility. This term does not include effects on integral vistas.

(3) "Air contaminant" means dust, fumes, mist, smo ke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. "Ai r pollutant" means the same as "air

contaminant."

(4) "Air pollution" means the presence in the outd oor atmosphere of one or more air contaminants in sufficient quantities, and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life , or property, or which unreasonably interferes with enjoyment of life and property. For the purpo ses of this chapter, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW, the Washington Pesticide Application Act, which regulates the appl ication and control of the use of various pesticides.

(5) "Allowable emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the stationary source (un less the stationary source is subject to federally enforceable limits which restrict the ope rating rate, or hours of operation, or both) and th e most stringent of the following:TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 3 (a) The applicable standards as set forth in 40 CF R Part 60 or 61;

(b) Any applicable state implementation plan emiss ions limitation including those with a future compliance date; or

(c) The emissions rate specified as a federally en forceable permit condition, including those with a future compliance date.

(6) "Ambient air" means the surrounding outside ai r.

(7) "Ambient air quality standard" means an establ ished concentration, exposure time, and frequency of occurrence of air contaminant(s) in th e ambient air which shall not be exceeded.

(8) "Authority" means any air pollution control ag ency whose jurisdictional boundaries are

coextensive with the boundaries of one or more coun ties.

(9) "Best available control technology (BACT)" mea ns 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-case basis, taki ng into account energy, environmental, and economic impacts and other costs, determines is ach ievable for such source or modification through application of production processes and ava ilable methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant. In no event shall application of the "best available control technology" result in emissions of any pollutants w hich will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 6 1, as they exist on May 7, 1993, or their later enactments as adopted by reference by the director by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with thi s paragraph shall not be allowed to increase above levels that would have been required under th e definition of BACT in the Federal Clean Air Act as it existed prior to enactment of the Clean A ir Act Amendments of 1990.

(10) "Best available retrofit technology (BART)" m eans an emission limitation based on the degree of reduction achievable through the applicat ion 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 b asis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improv ement in visibility which may reasonably be anticipated to result from the use of such technolo gy.

(11) "Bubble" means a set of emission limits which allows an increase in emissions from a given emissions unit(s) in exchange for a decrease in emi ssions from another emissions unit(s), pursuant

to RCW 70.94.155 and WAC 173-400-120.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 4 (12) "Capacity factor" means the ratio of the aver age load on equipment or a machine for the period of time considered, to the manufacturer's ca pacity rating of the machine or equipment.

(13) "Class I area" means any area designated purs uant to §§ 162 or 164 of the Federal Clean Air Act as a Class I area. The following areas are the Class I areas in Washington state:

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

Pasayten Wilderness;

Spokane Indian Reservation.

(14) "Combustion and incineration sources" means u nits using combustion for waste disposal, steam production, chemical recovery or other proces s requirements; but excludes open burning.

(15) "Commenced construction" means that the owner or operator has all the necessary preconstruction approvals or permits and either has :

(a) Begun, or caused to begin, a continuous progra m of actual on-site construction of the source, to be completed within a reasonable time; o r

(b) Entered into binding agreements or contractual obligations, which cannot be

cancelled or modified without substantial loss to t he owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

(16) "Concealment" means any action taken to reduc e the observed or measured concentrations of a pollutant in a gaseous effluent while, in fact , not reducing the total amount of pollutant discharged.

(17) "Director" means director of the Washington s tate department of ecology or duly authorized representative.

(18) "Dispersion technique" means a method which a ttempts to affect the concentration of a pollutant in the ambient air other than by the use of pollution abatement equipment or integral process pollution controls.

(19) "Ecology" means the Washington state departme nt of ecology.

(20) "Emission" means a release of air contaminant s into the ambient air.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 5 (21) "Emission reduction credit (ERC)" means a cre dit granted pursuant to WAC 173-400-131. This is a voluntary reduction in emissions.

(22) "Emission standard" and "emission limitation" means a requirement established under the FCAA or chapter 70.94 RCW which limits the quantity , rate, or concentration of emissions of air contaminants on a continuous basis, including any r equirement relating to the operation or

maintenance of a source to assure continuous emissi on reduction and any design, equipment work practice, or operational standard promulgated under the FCAA or chapter 70.94 RCW.

(23) "Emissions unit" means any part of a stationa ry source or source which emits or would have the potential to emit any pollutant subject to regu lation under the FCAA, chapter 70.94 or 70.98

RCW.

(24) "Excess emissions" means emissions of an air pollutant in excess of any applicable emission

standard.

(25) "Excess stack height" means that portion of a stack which exceeds the greater of sixty-five meters or the calculated stack height described in WAC 173-400-200(2).

(26) "Existing stationary facility" means a statio nary source of air pollutants which has the potential to emit two hundred fifty tons per year o r more of any air pollutant. In determining potential to emit, fugitive emissions, to the exten t quantifiable, must be counted. For purposes of determining whether a stationary source is an exist ing stationary facility the term "building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to t he same industrial grouping, are located on one or mor e contiguous or adjacent properties, and are under the control of the same person (or persons un der common control). Pollutant-emitting activities shall be considered as part of 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.

(27) "Federal Clean Air Act (FCAA)" means the Fede ral 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, Nov ember 15, 1990.

(28) "Federal land manager" means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.

(29) "Fossil fuel-fired steam generator" means a d evice, furnace, or boiler used in the process of burning fossil fuel for the primary purpose of prod ucing steam by heat transfer.

(30) "Fugitive dust" means a particulate emission made airborne by forces of wind, man's activity, or both. Unpaved roads, construction sit es, and tilled land are examples of areas that originate fugitive dust. Fugitive dust is a type o f fugitive emission.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 6 (31) "Fugitive emissions" means emissions which do not pass and which could not reasonably pass through a stack, chimney, vent, or other funct ionally equivalent opening.

(32) "General process unit" means an emissions uni t using a procedure or a combination of procedures for the purpose of causing a change in m aterial by either chemical or physical means, excluding combustion.

(33) "Good engineering practice (GEP)" refers to a calculated stack height based on the equation specified in WAC 173-400-200 (2)(a)(ii).

(34) "Incinerator" means a furnace used primarily for the thermal destruction of waste.

(35) "In operation" means engaged in activity rela ted to the primary design function of the

source.

(36) "Integral vista" means a view perceived from within a mandatory Class I federal area of a specific landmark or panorama located outside the b oundary of the mandatory Class I federal area.

(37) "Lowest achievable emission rate (LAER)" mean s for any source that rate of emissions which reflects the more stringent of:

(a) The most stringent emission limitation which i s contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed new or modified source demonstrates that s uch limitations are not achievable; or

(b) The most stringent emission limitation which i s achieved in practice by such class or category of source.

In no event shall the application of this term perm it a proposed new or modified source to emit any pollutant in excess of the amount allowable under a pplicable new source performance standards.

(38) "Mandatory Class I federal area" means any ar ea defined in Section 162(a) of the FCAA. The mandatory Class I federal areas in Washington s tate are as follows:

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

Pasayten Wilderness;TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 7 (39) "Major modification" means any physical chang e in or change in the method of operation of a major stationary source that would result in a si gnificant net emissions increase of any pollutant subject to regulation under the FCAA. Any net emis sions increase that is considered significant for volatile organic compounds or nitrogen oxides s hall be considered significant for ozone. A physical change or change in the method of operatio n shall not include:

(a) Routine maintenance, repair, and replacement;

(b) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Supp ly Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(c) Use of an alternative fuel by reason of an ord er or rule under section 125 of the FCAA, 42 U.S.C. 7425;

(d) Use of an alternative fuel at a steam generati ng unit to the extent that the fuel is generated from municipal solid waste;

(e) Use of an alternative fuel or raw material by a stationary source which:

(i) The stationary source was capable of accommoda ting before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after Decemb er 12, 1976, in a prevention of significant deterioration permit or notice of co nstruction approval; or

(ii) The stationary source is approved to use unde r any federally-enforceable notice of construction approval or a PSD permit iss ued by the environmental protection agency;

(f) An increase in the hours of operation or in th e production rate, unless such change is prohibited under any federally enforceable permit c ondition which was established after December 21, 1976, in a prevention of significant d eterioration permit or a notice of construction approval;

(g) Any change in ownership at a stationary source

.

(40) "Major stationary source" means:

(a) Any stationary source which:

(i) Emits or has the potential to emit one hundred tons per year or more of any air contaminant regulated by the state or Federal Clean Air Acts; or

(ii) Is located in a "marginal" or "moderate" ozon e nonattainment area and whichTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 8 emits or has the potential to emit one hundred tons per year or more of volatile organic compounds or oxides of nitrogen.

(b) Any stationary source (or group of stationary sources) which:

(i) Is located in a "serious" carbon monoxide non attainment area where stationary sources contribute significantly to carb on monoxide levels and which emits or has the potential to emit fifty tons per y ear or more of carbon monoxide; or

(ii) Is located in a "serious" particulate matter (PM 10 ) nonattainment area and which emits or has the potential to emit seventy to ns per year or more of PM 10 emissions.

(c) Any physical change that would occur at a stat ionary source not qualifying under (a) or (b) of this subsection as a major stationary sou rce, if the change would constitute a major stationary source by itself;

(d) A major stationary source that is major for VO Cs or NOx shall be considered major for ozone;

(e) The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the stationary source belongs to one of the following categories of stationary sources or the s ource is a major stationary source due to (b) of this subsection:

(i) Coal cleaning plants (with thermal dryers);

(ii) Kraft pulp mills;

(iii) Portland cements plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

(viii) Municipal incinerators capable of charging more than two hundred fifty tons of refuse per day;

(ix) Hydrofluoric, sulfuric, or nitric acid plants ;

(x) Petroleum refineries;TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 9 (xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants;

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty million British thermal units per hour heat i nput;

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil fuel-fired steam electric plants of more than two hundred fifty million British thermal units per hour heat input; and

(xxvii) Any other stationary source category which , as of August 7, 1980, was being regulated under sections 111 or 112 of the Fe deral Clean Air Act.

(f) For purposes of determining whether a stationa ry source is a major stationary source, the term "building, structure, facility, or installation" me ans all 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 p erson (or persons under common control). Pollutant-emitting activities shall be considered a s part of the same industrial grouping if they belong to the same major group (i.e., which have th e same two digit code) as described in theTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 10 Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

(41) "Masking" means the mixing of a chemically no nreactive control agent with a malodorous gaseous effluent to change the perceived odor.

(42) "Materials handling" means the handling, tran sporting, loading, unloading, storage, and transfer of materials with no significant chemical or physical alteration.

(43) "Modification" means any physical change in, o r change in the method of operation 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 previously emitted. The term modification

shall be construed consistent with the definitions of modification in Section 7411, Title 42, United States Code, and with rules implementing that secti on.

(44) "National Emission Standards for Hazardous Air Pollutants (NESHAPS)" means the federal regulations set forth in 40 CFR Part 61.

(45) "Natural conditions" means naturally occurrin g phenomena that reduce visibility as measured in terms of visual range, contrast, or col oration.

(46) "Net emissions increase" means:

(a) The amount by which the sum of the following e xceeds zero:

(i) Any increase in actual emissions from a partic ular change or change in method of operation at a source; and

(ii) Any other increases and decreases in actual e missions at the source that are contemporaneous with the particular change and are otherwise creditable.

(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs betwee n the date ten years before construction on the particular change commences and the date tha t the increase from the particular change occurs.

(c) An increase or decrease in actual emissions is creditable only if:

(i) It occurred no more than one year prior to the date of submittal of a complete notice of construction application for the particul ar change, or it has been documented by an emission reduction credit, in whic h case the credit shall expire ten years after the date of original issue of the E RC. Any emissions increases occurring between the date of issuance of the ERC a nd the date when a particular change becomes operational shall be counted against the ERC.

(ii) Ecology or the authority has not relied on it in issuing any permit or order ofTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 11 approval for the source under regulations approved pursuant to 40 CFR 51 Subpart I or the EPA has not relied on it in issuing a PSD permit pursuant to 40 CFR 52.21, which order or permit is in effect when the increas e in actual emissions from the particular change occurs.

(d) An increase in actual emissions is creditable only to the extent that the new level of

actual emissions exceeds the old level.

(e) A decrease in actual emissions is creditable o nly to the extent that:

(i) The old level of actual emissions or the old l evel of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(ii) It is federally enforceable at and after the time that actual construction on the particular change begins;

(iii) It has approximately the same qualitative si gnificance for public health and

welfare as that attributed to the increase from the particular change; and

(iv) Ecology or the authority has not relied on it in issuing any permit or order of approval under regulations approved pursuant to 40 CFR 51 Subpart I, the EPA has not relied on it in issuing a PSD permit pursuant t o 40 CFR 52.21, or ecology or the authority has not relied on it in demonstrating att ainment or reasonable further

progress.

(f) An increase that results from a physical chang e at a source occurs when the emission unit on which construction occurred becomes operati onal and begins to emit a particular pollutant. Any replacement unit that requires shak edown becomes operational only after a reasonable shakedown period, not to exceed one hu ndred eighty days.

(47) "New source" means:

(a) The construction or modification of a stationa ry source that increases the amount of any air contaminant emitted by such source or that results in the emission of any air contaminant not previously emitted; and

(b) Any other project that constitutes a new sourc e under the Federal Clean Air Act.

(48) “New source performance standards (NSPS)" mea ns the federal regulations set forth in 40

CFR Part 60.

(49) "Nonattainment area" means a clearly delineat ed geographic area which has been designated by EPA promulgation as exceeding a national ambient air quality standard or standards for one or more of the criteria pollutants.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 12 (50) "Notice of construction application" means a written application to permit construction of a new source, modification of an existing stationary source or replacement or substantial alteration of control technology at an existing stationary sou rce.

(51) "Opacity" means the degree to which an object seen through a plume is obscured, stated as a

percentage.

(52) "Open burning" means the combustion of materi al in an open fire or in an outdoor container, without providing for the control of combustion or the control of the emissions from the combustion. Wood waste disposal in wigwam burners is not considered open burning.

(53) "Order" means any order issued by ecology or a local air authority pursuant to chapter 70.94 RCW, including, but not limited to RCW 70.94.332, 7 0.94.152, 70.94.153, and 70.94.141(3), and includes, where used in the generic sense, the term s order, corrective action order, order of approval, and regulatory order.

(54) "Order of approval" or "approval order" means a regulatory order issued by ecology or the authority to approve the notice of construction app lication for a proposed new source or modification, or the replacement or substantial alt eration of control technology at an existing stationary source.

(55) "Particulate matter" or "particulates" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

(56) "Particulate matter emissions" means all fine ly divided solid or liquid material, other than uncombined water, emitted to the ambient air as mea sured by applicable reference methods, or an equivalent or alternative method specified in 40 CF R Part 60 or by a test method specified in the Washington state implementation plan.

(57) "Parts per million (ppm)" means parts of a co ntaminant per million parts of gas, by volume, exclusive of water or particulates.

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

(59) "PM-10" means particulate matter with an aero dynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference m ethod 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.

(60) "PM-10 emissions" means finely divided solid or liquid material, including condensible particulate matter, with an aerodynamic diameter le ss than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applic able reference method, or an equivalent or alternate method, specified in Appendix M of 40 CFR Part 51 or by a test method specified in the Washington state implementation plan.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 13 (61) "Potential to emit" means the maximum capacit y of a stationary source to emit a pollutant under its physical and operational design. Any phy sical or operational limitation on the capacity of the source to emit a pollutant, including air po llution control equipment and restrictions on hours of operation or on the type or amount of mate rial combusted, stored, or processed, shall be treated as part of its design only if the limitatio n or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

(62) "Prevention of significant deterioration (PSD )" means the program set forth in WAC

173-400-141.

(63) "Projected width" means that dimension of a s tructure determined from the frontal area of the structure, projected onto a plane perpendicular to a line between the center of the stack and the center of the building.

(64) "Reasonably attributable" means attributable by visual observation or any other technique the state deems appropriate.

(65) "Reasonably available control technology (RAC T)" means the lowest emission limit that a particular source or source category is capable of meeting by the application of control technology that is reasonably available considering technologi cal and economic feasibility. RACT is determined on a case-by-case basis for an individua l source or source category taking into account the impact of the source upon air quality, the avai lability of additional controls, the emission reduction to be achieved by additional controls, th e impact of additional controls on air quality, and the capital and operating costs of the addition al controls. RACT requirements for any source or source category shall be adopted only after noti ce and opportunity for comment are afforded.

(66) "Regulatory order" means an order issued by e cology or an authority to an air contaminant source which applies to that source, any applicable provision of chapter 70.94 RCW, or the rules adopted thereunder, or, for sources regulated by a local air authority, the regulations of that authority.

(67) "Significant" means, in reference to a net em issions increase or the potential of a source to emit any of the following pollutants, a rate of emi ssion equal to or greater than any one of the following rates:

Pollutant Tons/Year

Carbon monoxide 100 Nitrogen oxides 40

Sulfur dioxide 40 Particulate matter (PM) 25 Fine particulate matter (PM 10 ) 15 Volatile organic compounds (VOC) 40

Lead 0.6TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 14 Fluorides 3

Sulfuric acid mist 7 Hydrogen sulfide (H 2 S) 10 Total reduced sulfur (including H 2 S ) 10 Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) 0.0000035

Municipal waste combustor metals (measured as PM) 15

Municipal waste combustor acid gases (measured as SO 2 and hydrogen chloride) 40

(68) "Significant visibility impairment" means vis ibility impairment which interferes with the management, protection, preservation, or enjoyment of visitor visual experience of the Class I area. The determination must be made on a case-by- case basis, taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairment, and how

these factors correlate with the time of visitor us e of the Class I area and frequency and timing of natural conditions that reduce visibility.

(69) "Source" means all of the emissions unit(s) i ncluding quantifiable fugitive emissions, that are located on one or more contiguous or adjacent p roperties, and are under the control of the same person or persons under common control, whose activ ities are ancillary to the production of a single product or functionally related groups of pr oducts. Activities shall be considered ancillary to the production of a single product or functional ly related group of products if they belong to the same major group (i.e., which have the same two dig it code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

(70) "Source category" means all sources of the sa me type or classification.

(71) "Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct.

(72) "Stack height" means the height of an emissio n point measured from the ground-level

elevation at the base of the stack.

(73) "Standard conditions" means a temperature of 20 ° (68 ° F) and a pressure of 760 mm (29.92 inches) of mercury.

(74) "Stationary source" means any building, struc ture, facility, or installation which emits or may emit any contaminant. This term does not inclu de emissions resulting directly from an internal combustion engine for transportation purpo ses or from a nonroad engine or nonroad

vehicle as defined in Section 216 of the FCAA.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 15 (75) "Sulfuric acid plant" means any facility prod ucing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge.

(76) "Total reduced sulfur (TRS)" means the sum of the sulfur compounds hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide, a nd any other organic sulfides emitted and measured by EPA method 16 or an approved equivalent method and expressed as hydrogen

sulfide.

(77) "Total suspended particulate" means particula te matter as measured by the method described in 40 CFR Part 50 Appendix B as in effect on July 1, 1988.

(78) "United States Environmental Protection Agenc y (USEPA)" shall be referred to as EPA.

(79) "Visibility impairment" means any perceptible degradation in visibility (visual range, contrast, coloration) not caused by natural conditi ons.

(80) "Visibility impairment of Class I areas" mean s visibility impairment within the area and visibility impairment of any formally designated in tegral vista associated with the area.

(81) "Volatile organic compound (VOC)" means:

(a) Any compound of carbon, excluding carbon monoxi de, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbo nate, which participates in atmospheric photochemical reactions. This includes any organic compound other than the following, which have negligible photochemical reactivity: Methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichlo roethane (methyl chloroform); 1,1,1-trichloro 2,2,2-trifluoroethane (CFC-113); tr ichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromet hane (CFC-22); trifluoromethane (FC-23); 1,1,2,2-tetrafluoroethane (CFC-114); chlor opentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1, 1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1 ,1-difluoroethane (HCFC-142b); 2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124); pent afluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluor oethane (HFC-143a); 1,1-difluoroethane (HFC-152a); and perfluorocarbon compounds which fall into these

classes:

(i) Cyclic, branched, or linear completely fluorin ated alkanes;

(ii) Cyclic, branched, or linear completely fluori nated ethers with no unsaturations; and

(iii) Sulfur containing perfluorocarbons with no u nsaturations and with sulfur bonds only to carbon and fluorine.

(b) For the purpose of determining compliance with emission limits, VOC will beTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 16 measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where such a method also measures compounds with negligible phot ochemical reactivity, these negligibly-reactive compounds may be excluded as VO C if the amount of such compounds is accurately quantified, and such exclusion is app roved by ecology or the authority.

(c) As a precondition to excluding these negligibl y-reactive compounds as VOC or at any time thereafter, ecology or the authority may requi re an owner or operator to provide monitoring or testing methods and results demonstra ting, to the satisfaction of ecology or the authority, the amount of negligibly-reactive co mpounds in the source's emissions.

State effective: 9/20/93; EPA effective: 6/2/95

173-400-040 General Standards for Maximum Emissions

.

All sources and emissions units are required to mee t the emission standards of this chapter. Where an emission standard listed in another chapte r is applicable to a specific emissions unit, such standard will take precedent over a general em ission standard listed in this chapter. When

two or more emissions units are connected to a comm on stack and the operator elects not to provide the means or facilities to sample emissions from the individual emissions units, and the

relative contributions of the individual emissions units to the common discharge are not readily distinguishable, then the emissions of the common s tack must meet the most restrictive standard of any of the connected emissions units. Further, all emissions units are required to use reasonably available control technology (RACT) which may be de termined for some sources or source categories to be more stringent than the applicable emission limitations of any chapter of Title 173

WAC. Where current controls are determined to be l ess than RACT, ecology or the authority shall, as provided in section 8, chapter 252, Laws of 1993, define RACT for each source or source category and issue a rule or regulatory order requi ring the installation of RACT.

(1) Visible emissions. No person shall cause or p ermit the emission for more than three minutes, in any one hour, of an air contaminant fro m any emissions unit which at the emission point, or within a reasonable distance of the emiss ion point, exceeds twenty percent opacity

except:

(a) When the emissions occur due to soot blowing/g rate cleaning and the operator can

demonstrate that the emissions will not exceed twen ty percent opacity for more than fifteen minutes in any eight consecutive hours. The intent of this provision is to permit the soot blowing and grate cleaning necessary to the operati on of boiler facilities. This practice, except for testing and trouble shooting, is to be s cheduled for the same approximate times each day and ecology or the authority be advised of the schedule.

(b) When the owner or operator of a source supplie s valid data to show that the presence of uncombined water is the only reason for the opac ity to exceed twenty percent.

(c) When two or more sources are connected to a co mmon stack, ecology or the authorityTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 17 may allow or require the use of an alternate time p eriod if it is more representative of normal operations.

(d) When an alternate opacity limit has been estab lished per RCW 70.94.331 (2)(c).

(2) Fallout. No person shall cause or permit the emission of particulate matter from any source to be deposited beyond the property under direct co ntrol of the owner(s) or operator(s) of the source in sufficient quantity to interfere unreason ably with the use and enjoyment of the property upon which the material is deposited.

(3) Fugitive emissions. The owner or operator of any emissions unit engaging in materials handling, construction, demolition or any other ope ration which is a source of fugitive emission:

(a) If located in an attainment area and not impac ting any nonattainment area, shall take reasonable precautions to prevent the release of ai r contaminants from the operation.

(b) If the emissions unit has been identified as a significant contributor to the nonattainment status of a designated nonattainment area, shall be required to use reasonable and available control methods, which sha ll include any necessary changes in technology, process, or other control strategies to control emissions of the contaminants for which nonattainment has been designated.

(4) Odors. Any person who shall cause or allow th e generation of any odor from any source which may unreasonably interfere with any other pro perty owner's use and enjoyment of his property must use recognized good practice and proc edures to reduce these odors to a reasonable

minimum.

(5) Emissions detrimental to persons or property. No person shall cause or permit the emission of any air contaminant from any source if it is det rimental to the health, safety, or welfare of any person, or causes damage to property or business.

(6) Sulfur dioxide. No person shall cause or permit the emission of a g as containing sulfur dioxide from any emissions unit in excess of one thousand ppm of sulfur dioxid e on a dry basis, corrected to seven percent oxygen for combustion sources, and based on the ave rage of any period of sixty consecutive minutes, except:

When the owner or operator of an emissions unit sup plies emission data and can demonstrate to ecology or the authority that there is no feasible method of reducing the concentration to less than one thousand ppm (on a dry basis, corrected to seve n percent oxygen for combustion sources) and that the state and federal ambient air quality stan dards for sulfur dioxide will not be exceeded. In such cases, ecology or the authority may require sp ecific ambient air monitoring stations be established, operated, and maintained by the owner or operator at mutually approved locations. All sampling results will be made available upon re quest and a monthly summary will be submitted to ecology or the authority.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 18 (7) Concealment and masking. No person shall caus e or permit the installation or use of any

means which conceals or masks an emission of an air contaminant which would otherwise violate any provisions of this chapter.

(8) Fugitive dust sources.

(a) The owner or operator of a source of fugitive dust shall take reasonable precautions to prevent fugitive dust from becoming airborne and sh all maintain and operate the source to

minimize emissions.

(b) The owner(s) or operator(s) of any existing so urce(s) of fugitive dust that has been identified as a significant contributor to a PM-10 nonattainment area shall be required to use reasonably available control technology to cont rol emissions. Significance will be determined by the criteria found in WAC 173-400-113 (3).

State effective: 9/20/93; EPA effective: 6/2/95

173-400-050 Emission Standards for Combustion and I ncineration Units.

(1) Combustion and incineration emissions units mu st meet all requirements of WAC 173-400-040 and, in addition, no person shall cause or permit emissions of particulate matter in excess of 0.23 gram per dry cubic meter at standard conditions (0.1 grain/dscf), except, for an emissions unit combusting wood derived fuels for th e production of steam. No person shall allow or permit the emission of particulate matter in exc ess of 0.46 gram per dry cubic meter at standard conditions (0.2 grain/dscf), as measured by EPA met hod 5 or approved procedures contained in "Source Test Manual - Procedures For Compliance Tes ting," state of Washington, department of ecology, as of July 12, 1990, on file at ecology.

(2) For any incinerator, no person shall cause or permit emissions in excess of one hundred ppm of total carbonyls as measured by applicable EPA me thods or acceptable procedures contained in "Source Test Manual - Procedures for Compliance Tes ting," state of Washington, department of ecology, on file at ecology. Incinerators shall be operated only during daylight hours unless written permission to operate at other times is rec eived from ecology or the authority.

(3) Measured concentrations for combustion and inc ineration sources shall be adjusted for volumes corrected to seven percent oxygen, except w hen ecology or the authority determines that an alternate oxygen correction factor is more repre sentative of normal operations.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-060 Emission Standards for General Process Units.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 19 General process units are required to meet all appl icable provisions of WAC 173-400-040 and, no person shall cause or permit the emission of partic ulate material from any general process operation in excess of 0.23 grams per dry cubic met er at standard conditions (0.1 grain/dscf) of exhaust gas. EPA test methods from 40 CFR Appendix A which are adopted by reference and any other approved test procedures which are contai ned in ecology's "Source Test Manual - Procedures For Compliance Testing" as of July 12, 1990, will be used to determine compliance.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-070 Emission Standards for Certain Source C ategories.

Ecology finds that the reasonable regulation of sou rces within certain categories requires separate standards applicable to such categories. The stand ards set forth in this section shall be the

maximum allowable standards for emissions units wit hin the categories listed. Except as specifically provided in this section, such emissio ns units shall not be required to meet the provisions of WAC 173-400-040, 173-400-050 and 173- 400-060.

(1) Wigwam burners.

(a) All wigwam burners shall meet all provisions o f WAC 173-400-040 (2), (3), (4), (5), (6), and (7).

(b) All wigwam burners shall use RACT. All emissio ns units shall be operated and maintained to minimize emissions. These requiremen ts may include a controlled tangential vent overfire air system, an adequate un derfire system, elimination of all unnecessary openings, a controlled feed and other m odifications determined necessary by ecology or the authority.

(c) It shall be unlawful to install or increase th e existing use of any burner that does not meet all requirements for new sources including tho se requirements specified in WAC 173-400-040 and 173-400-050, except operating hours

.

(d) Ecology may establish additional requirements for wigwam burners located in sensitive areas as defined by chapter 173-440 WAC. These requirements may include but

shall not be limited to:

(i) A requirement to meet all provisions of WAC 17 3-400-040 and 173-400-050. Wigwam burners will be considered to be in complian ce if they meet the requirements contained in WAC 173-400-040(1). An e xception is made for a startup period not to exceed thirty minutes in any eight consecutive hours.

(ii) A requirement to apply BACT.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 20 (iii) A requirement to reduce or eliminate emissio ns if ecology establishes that such emissions unreasonably interfere with the use and enjoyment of the property

of others or are a cause of violation of ambient ai r standards.

(2) Hog fuel boilers.

(a) Hog fuel boilers shall meet all provisions of WAC 173-400-040 and 173-400-050(1), except that emissions may exceed twenty percent opa city for up to fifteen consecutive minutes once in any eight hours. The intent of thi s provision is to permit the soot blowing and grate cleaning necessary to the operation of th ese units. This practice is to be scheduled for the same specific times each day and ecology or the authority shall be notified of the schedule or any changes.

(b) All hog fuel boilers shall utilize RACT and sh all be operated and maintained to

minimize emissions.

(3) Orchard heating.

(a) Burning of rubber materials, asphaltic product s, crankcase oil or petroleum wastes, plastic, or garbage is prohibited.

(b) It is unlawful to burn any material or operate any orchard-heating device that causes a visible emission exceeding twenty percent opacity, except during the first thirty minutes after such device or material is ignited.

(4) Grain elevators. Any grain elevator which is primarily classified as a materials handling operation shall meet all the provisions of WAC 173-400-040 (2), (3), (4), and (5 ).

(5) Catalytic cracking units.

(a) All existing catalytic cracking units shall me et all provisions of WAC 173-400-040 (2), (3), (4), (5), (6), and (7) and:

(i) No person shall cause or permit the emission fo r more than three minutes, in any one hour, of an air contaminant from any catalytic cracking unit which at the emission point, or within a reasonable distance of the emission point, exceeds forty percent opacity.

(ii) No person shall cause or permit the emission o f particulate material in excess of 0.46 grams per dry cubic meter at standard conditio ns (0.20 grains/dscf) of exhaust

gas.

(b) All new catalytic cracking units shall meet all provisions of WAC 173-400-115.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 21 (6) Other wood waste burners.

(a) Wood waste burners not specifically provided f or in this section shall meet all provisions of WAC 173-400-040.

(b) Such wood waste burners shall utilize RACT and shall be operated and maintained to

minimize emissions.

(7) Sulfuric acid plants. No person shall cause to be discharged into the atm osphere from a sulfuric acid plant, any gases which contain acid mist, expressed as H 2 SO 4 , in excess of 0.15 pounds per ton of acid produced

. Sulfuric acid production shall be expressed as one hundred percent H 2 SO 4

.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-081 Startup and Shutdown.

In promulgating technology-based emission standards and making control technology determinations (e.g., BACT, RACT, LAER, BART) ecolo gy and the authorities shall consider any physical constraints on the ability of a source to comply with the applicable standard during startup or shutdown. Where ecology or the authority determ ines that the source or source category, operated and maintained in accordance with good air pollution control practice, is not capable of achieving continuous compliance with an emission st andard during startup or shutdown, ecology or the authority shall include in the standard appr opriate emission limitations, operating parameters, or other criteria to regulate the perfo rmance of the source during startup or shutdown conditions. In modeling the emissions of a source for purposes of demonstrating attainment or maintenance of national ambient air quality standar ds, ecology and the authorities shall take into account any incremental increase in allowable emiss ions under startup or shutdown conditions authorized by an emission limitation or other opera ting parameter adopted under this rule. Any emission limitation or other parameter adopted unde r this rule which increases allowable emissions during startup or shutdown conditions ove r levels authorized in an approved state implementation plan shall not take effect until app roved by EPA as a SIP amendment.

State effective: 9/20/93; EPA effective: 6/2/95

173-400-091 Voluntary Limits on Emissions.

(1) Upon request by the owner or operator of a sou rce, ecology or the authority with jurisdiction over the source shall issue a regulatory order that limits the source's potential to emit any air contaminant or contaminants to a level agreed to by the owner or operator and ecology or the authority with jurisdiction over the source.

(2) A condition contained in an order issued under this section shall be less than the source'sTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 22 otherwise allowable annual emissions of a particula r contaminant under all applicable requirements of the chapter 70.94 RCW and the FCAA, including any standard or other requirement provided for in the Washington state im plementation plan. The term "condition" refers to limits on production or other limitations , in addition to emission limitations.

(3) Any order issued under this section shall incl ude monitoring, recordkeeping and reporting requirements sufficient to ensure that the source c omplies with any condition established under this section. Monitoring requirements shall use te rms, test methods, units, averaging periods, and

other statistical conventions consistent with the r equirements of WAC 173-400-105.

(4) Any order issued under this section shall be s ubject to the notice and comment procedures

under WAC 173-400-171.

(5) The terms and conditions of a regulatory order issued under this section shall be federally enforceable, upon approval of this section as an el ement of the Washington state implementation plan. Any proposed deviation from a condition cont ained in an order issued under this section shall require revision or revocation of the order.

State effective: 9/20/93; EPA effective: 6/2/95

173-400-100 Registration.

(1) Except as provided in subsection (4) of this s ection, the owner or operator of each source within the following source categories shall regist er the source with ecology or the authority.

(a) Agricultural drying and dehydrating operations ;

(b) Asphalt plants;

(c) Beverage can surface coating operations;

(d) Bulk gasoline terminals;

(e) Cattle feedlots with facilities for one thousa nd or more cattle;

(f) Chemical plants;

(g) Ferrous foundries;

(h) Fertilizer plants

(i) Flexible vinyl and urethane coating and printi ng operations;

(j) Grain handling, seed processing, pea and lenti l processing facilities;TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 23 (k) Metallic mineral processing plants;

(l) Mineralogical processing plants

(m) Nonferrous foundries;

(n) Other metallurgical processing plants;

(o) Petroleum refineries;

(p) Power boilers using coal, hog fuel, oil, or ot her solid or liquid fuel;

(q) Pressure sensitive tape and label surface coat ing operations;

(r) Rendering plants;

(s) Scrap metal operations;

(t) Synthetic organic chemical manufacturing indus tries;

(u) Sulfuric acid plants;

(v) Synthetic fiber production facilities;

(w) Veneer dryers;

(x) Wood waste incinerators including wigwam burne rs;

(y) Other incinerators designed for a capacity of one hundred pounds per hour or more;

(z) Stationary internal combustion engines rated a t five hundred horse power or more;

(aa) Sawmills, including processing for lumber, pl ywood, shake, shingle, pulpwood insulating board, or any combination thereof;

(bb) Any category of stationary sources subject to a federal standard of performance (NSPS) under 40 CFR Part 60, other than Subpart AAA (Standards of Performance for New Residential Wood Heaters);

(cc) Any source which emits a contaminant subject to a National Emission Standard for Hazardous Air Pollutants (NESHAPS);

(dd) Any major stationary source.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 24 (2) Registration shall be on forms to be supplied by ecology or the authority within the time specified on the form.

(3) A report of closure shall be filed with ecolog y or the authority within ninety days after operations producing emissions permanently cease at any source within the above categories.

(4) Permit program sources, as defined in RCW 70.9 4.030(17), are not required to comply with the registration requirements of this section after the Environmental Protection Agency grants interim or final approval for the state operating p ermit program.

State effective: 9/20/93; EPA effective: 6/2/95

173-400-105 Records, Monitoring and Reporting.

The owner or operator of a source shall upon notifi cation by the director of ecology, maintain records on the type and quantity of emissions from the source and other information deemed necessary to determine whether the source is in com pliance with applicable emission limitations

and control measures.

(1) Emission inventory. The owner(s) or operator( s) of any air contaminant source shall submit an inventory of emissions from the source each year . The inventory may include stack and fugitive emissions of particulate matter, PM 10 , sulfur dioxide, carbon monoxide, total reduced sulfur compounds (TRS), fluorides, lead, VOCs, and other contaminants, and shall be submitted (when required) no later than one hundred five days after the end of the calendar year. The owner(s) or operator(s) shall maintain records of i nformation necessary to substantiate any reported emissions, consistent with the averaging t imes for the applicable standards.

(2) Monitoring. Ecology shall conduct a continuou s surveillance program to monitor the quality of the ambient atmosphere as to concentrations and movements of air contaminants.

As a part of this program, the director of ecology or an authorized representative may require any source under the jurisdiction of ecology to conduct stack and/or ambient air monitoring and to report the results to ecology.

(3) Investigation of conditions. Upon presentatio n of appropriate credentials, for the purpose of investigating conditions specific to the control, r ecovery, or release of air contaminants into the atmosphere, personnel from ecology or an authority shall have the power to enter at reasonable times upon any private or public property, exceptin g nonmultiple unit private dwellings housing

one or two families.

(4) Source testing. To demonstrate compliance, ec ology or the authority may conduct or require that a test be conducted of the source using approv ed EPA methods from 40 CFR 60 Appendix A which are adopted by reference, or approved procedu res contained in "Source Test Manual - Procedures for Compliance Testing," state of Washington, department of ecology, as ofTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 25 July 12, 1990, on file at ecology. The operator of a source may be required to provide the necessary platform and sampling ports for ecology p ersonnel or others to perform a test of an emissions unit. Ecology shall be allowed to obtain a sample from any emissions unit. The operator of the source shall be given an opportunit y to observe the sampling and to obtain a sample

at the same time.

(5) Continuous monitoring and recording. Owners a nd operators of the following categories of sources shall install, calibrate, maintain and oper ate equipment for continuously monitoring and recording those emissions specified.

(a) Fossil fuel-fired steam generators.

(i) Opacity, except where:

(A) Steam generator capacity is less than two hund red fifty million BTU per hour heat input; or

(B) Only gaseous fuel is burned.

(ii) Sulfur dioxide, except where steam generator capacity is less than two hundred fifty million BTU per hour heat input or if sulfur dioxide control equipment is not required.

(iii) Percent oxygen or carbon dioxide where such measurements are necessary

for the conversion of sulfur dioxide continuous emi ssion monitoring data.

(iv) General exception. These requirements do not apply to a fossil fuel-fired steam generator with an annual average capacity fac tor of less than thirty percent, as reported to the Federal Power Commission for cal endar year 1974, or as otherwise demonstrated to ecology or the authority by the owner(s) or operator(s).

(b) Sulfuric acid plants. Sulfur dioxide where production capacity is more th an three hundred tons per day, expressed as one hundred percent acid, except for t hose facilities where conversion to sulfuric acid is utilized primarily as a means of p reventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

(c) Fluid bed catalytic cracking units catalyst re generators at petroleum refineries.

Opacity where fresh feed capacity is more than twen ty thousand barrels per day.

(d) Wood residue fuel-fired steam generators.

(i) Opacity, except where steam generator capacity is less than one hundred million BTU per hour heat input.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 26 (ii) Continuous monitoring equipment. The require ments of (e) of this subsection do not apply to wood residue fuel-fired steam generators, but continuous monitoring equipment required by (d) of this subsection shall be subject to approval by ecology.

(e) Owners and operators of those sources required to install continuous monitoring equipment under this chapter shall demonstrate to e cology or the authority, compliance with the equipment and performance specifications a nd observe the reporting requirements contained in 40 CFR Part 51, Appendix P, Sections 3 , 4 and 5, promulgated October 6, 1975, and amended November 7, 1986, which is adopte d by reference.

(f) Special considerations. If for reason of phys ical plant limitations or extreme economic situations, ecology determines that contin uous monitoring is not a reasonable requirement, alternative monitoring and reporting p rocedures will be established on an individual basis. These will generally take the fo rm of stack tests conducted at a frequency sufficient to establish the emission leve ls over time and to monitor deviations in

these levels.

(g) Exemptions. This subsection (5) does not appl y to any source which is:

(i) Subject to a new source performance standard. These sources will be governed by WAC 173-400-115.

(ii) Not subject to an applicable emission standar d.

(h) Monitoring system malfunctions. A source may be temporarily exempted from the monitoring and reporting requirements of this chapt er during periods of monitoring system malfunctions provided that the source owner(s) or o perator(s) shows to the satisfaction of ecology or the authority that the malfunction was u navoidable and is being repaired as expeditiously as practicable.

(6) Change in raw materials or fuels for sources n ot subject to requirements of the operating permit program. Any change or series of changes in raw material or fuel which will result in a

cumulative increase in emissions of sulfur dioxide of forty tons per year or more over that stated in the initial inventory required by subsection (1) of this section shall require the submittal of sufficient information to ecology or the authority to determine the effect of the increase upon ambient concentrations of sulfur dioxide. Ecology or the authority may issue regulatory orders requiring controls to reduce the effect of such inc reases. Cumulative changes in raw material or fuel of less than 0.5 percent increase in average a nnual sulfur content over the initial inventory shall not require such notice.

State effective: 9/20/93; EPA effective: 6/2/95TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 27 173-400-107 Excess Emissions.

(1) The owner or operator of a source shall have t he burden of proving to ecology or the authority or the decision-making authority in an enforcement action that excess emissions were

unavoidable. This demonstration shall be a conditi on to obtaining relief under subsections (4), (5) and (6) of this section.

(2) Excess emissions determined to be unavoidable under the procedures and criteria in this section shall be excused and not subject to penalty

.

(3) Excess emissions which represent a potential t hreat to human health or safety or which the owner or operator of the source believes to be unav oidable shall be reported to ecology or the authority as soon as possible. Other excess emissi ons shall be reported within thirty days after the end of the month during which the event occurred or as part of the routine emission monitoring reports. Upon request by ecology or the authority, the owner(s) or operator(s) of the source(s) shall submit a full written report including the kn own causes, the corrective actions taken, and the preventive measures to be taken to minimize or elim inate the chance of recurrence.

(4) Excess emissions due to startup or shutdown co nditions shall be considered unavoidable provided the source reports as required under subse ction (3) of this section and adequately

demonstrates that the excess emissions could not ha ve been prevented through careful planning and design and if a bypass of control equipment occ urs, that such bypass is necessary to prevent loss of life, personal injury, or severe property d amage.

(5) Maintenance. Excess emissions due to schedule d maintenance shall be considered unavoidable if the source reports as required under subsection (3) of this section and adequately

demonstrates that the excess emissions could not ha ve been avoided through reasonable design, better scheduling for maintenance or through better operation and maintenance practices.

(6) Excess emissions due to upsets shall be consid ered unavoidable provided the source reports as required under subsection (3) of this section an d adequately demonstrates that:

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

(b) The event was not of a recurring pattern indic ative of inadequate design, operation, or maintenance; and

(c) The operator took immediate and appropriate co rrective action in a manner consistent with good air pollution control practice for minimi zing emissions during the event, taking into account the total emissions impact of the corr ective action, including slowing or shutting down the emission unit as necessary to min imize emissions, when the operator

knew or should have known that an emission standard or permit condition was being

exceeded.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 28 State effective: 9/20/93; EPA effective: 6/2/95

173-400-110 New Source Review (NSR).

(1) Applicability:

(a) A notice of construction application must be f iled by the owner or operator and an order of approval issued by ecology or an authority prior to the establishment of any new

source or emission unit or modification which is li sted in WAC 173-400-100 or required to obtain a permit under RCW 70.94.161.

(b) Ecology or the authority may require that a no tice of construction application be filed by the owner or operator of a proposed new source o r modification and an order of approval issued by ecology or an authority prior to the establishment of any new source or emission unit or modification, other than a single family or a duplex dwelling.

(c) New source review of a modification shall be l imited to the emission unit or units proposed to be added to an existing source or modif ied and the air contaminants whose

emissions would increase as a result of the modific ation.

(2) Completeness Determination: Within thirty day s of receipt of a notice of construction application, ecology or the authority shall either notify the applicant in writing that the applicatio n is complete or notify the applicant in writing of a ll additional information necessary, based upon review of information already supplied, to complete the application. For a project subject to PSD review under WAC 173-400-141 a completeness determi nation includes a determination that the application provides all information required to co nduct PSD review.

(3) Final Determination:

(a) Within sixty days of receipt of a complete app lication, ecology or the authority shall either issue a final decision on the application or , for those projects subject to public notice, initiate notice and comment procedures under WAC 17 3-400-171 on a proposed decision, followed as promptly as possible by a final decisio n. A person seeking approval to construct or modify a source that requires an opera ting permit may elect to integrate review of the operating permit application or amendment re quired under RCW 70.94.161 and the notice of construction application required by this section. A notice of construction designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines.

(b) Every final determination on a notice of const ruction application shall be reviewed and signed prior to issuance by a professional engi neer or staff under the direct supervision of a professional engineer in the employ of ecology or the authority.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 29 (c) If the new source is a major stationary source or the change is a major modification, ecology or the authority shall submit any control t echnology determination included in a final order of approval to the RACT/BACT/LAER clear inghouse maintained by EPA.

(4) Appeals: An order of approval, any conditions contained in an order of approval, or the denial of a notice of construction application may be appealed to the pollution control hearings board as provided in chapter 43.21B RCW. Ecology o r the authority shall promptly mail copies of each order approving or denying a notice of cons truction application to the applicant and to any other party who submitted timely comments on the ap plication, along with a notice advising parties of their rights of appeal to the Pollution Control Hearings Board and, where applicable, to the EPA Environmental Appeals Board.

(5) Portable Sources: For portable sources which located temporarily at particular sites, the owner(s) or operator(s) shall be allowed to operate at the temporary location without filing a notice of construction application, providing that the own er(s) or operator(s) notifies ecology or the authority of intent to operate at the new location at least thirty days prior to starting the operatio n, and supplies sufficient information to enable ecolo gy or the authority to determine that the operation will comply with the emission standards f or a new source, and will not a cause a violation of applicable ambient air quality standar ds and , if in a nonattainment area, will not

interfere with scheduled attainment of ambient stan dards. The permission to operate shall be for a limited period of time (one year or less) and ecolo gy or the authority may set specific conditions for operation during that period. A temporary sour ce shall be required to comply with all applicable emission standards.

(6) Approval to construct or modify a stationary s ource shall become invalid if construction is not commenced within eighteen months after receipt of s uch approval, if construction is discontinued for a period of eighteen months or more, or if cons truction is not completed within a reasonable time. Ecology or the authority may extend the eigh teen-month period upon a satisfactory showing that an extension is justified. This provi sion does not apply to the time period between construction of the approved phases of a phased con struction project; each phase must commence construction within eighteen months of the projecte d and approved commencement date.

State effective: 9/20/93; EPA effective: 6/2/95

WAC 173-400-112 Requirements for New Sources in Non attainment Areas.

Ecology or an authority reviewing an application to establish a new source or modification in a nonattainment area, shall issue an order of approva l, which order shall contain such conditions as are reasonably necessary to assure the maintenance of compliance with this chapter, if they determine that the proposed project satisfies each of the following requirements:

(1) The proposed new source or modification will co mply with all applicable new source performance standards, national emission standards for hazardous air pollutants, emission standards adopted under chapter 70.94 RCW and, for sources regulated by an authority, theTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 30 applicable emission standards of that authority.

(2) The proposed new source will employ BACT for al l air contaminants, except that if the new source is a major stationary source or the proposed modification is a major modification it will

achieve LAER for the contaminants for which the are a has been designated nonattainment and for which the proposed new source or modification is ma jor.

(3) The proposed new source will not cause any ambi ent air quality standard to be exceeded, will not violate the requirements for reasonable further progress established by the state implementation plan and will comply with WAC 173-40 0-113(3) for all contaminants for which the area has not been designated nonattainment.

(4) If the proposed new source is a major stationar y source or the proposed modification is a major modification, ecology or the authority has determin ed, based on review of an analysis performed by the source of alternative sites, sizes, producti on processes, and environmental control techniques, that the benefits of the project signif icantly outweigh the environmental and social costs imposed as a result of its location, construc tion, or modification.

(5) If the proposed new source or the proposed modi fication is major for the contaminant for which the area is designated nonattainment, allowable emi ssions from the proposed new source or modification of that contaminant are offset by redu ctions in actual emissions from existing sources

in the nonattainment area. Emission offsets must b e sufficient to ensure that total allowable emissions from existing major stationary sources in the nonattainment area, new or modified sources which are not major stationary sources, and the proposed new or modified source will be less than total actual emissions from existing sour ces (prior to submittal of the application) so as t o represent (when considered together with the nonatt ainment provisions of section 172 of the FCAA) reasonable further progress. All offsetting emission reductions must satisfy the following requirements:

(a) The proposed new level of allowable emissions o f the source or emission unit(s) providing the reduction must be less than the curre nt level of actual emissions of that source or emissions unit(s). No emission reduction can be credited for actual emissions

which exceed the current allowable emissions of the source or emissions unit(s) providing the reduction. Emission reductions imposed by loca l, state, or federal regulations, regulatory orders, or permits cannot be credited.

(b) The emission reductions must provide for a net air quality benefit. For marginal ozone nonattainment areas, the total emissions of volatil e organic compounds or total emissions of nitrogen oxides are reduced by a ratio of 1.1 to 1 for the area in which the new source is located. For any other nonattainment area, the emi ssions offsets must provide a positive net air quality benefit in the nonattainment area. Determinations on whether emissions offsets provide a positive net air quality benefit will be made in accordance with the guidelines contained in 40 CFR 51 Appendix S.

(c) If the offsets are provided by another source, the reductions in emissions from thatTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 31 source must be federally enforceable by the time th e new or modified source commences operation. The new source may not commence operati on before the date such reductions are actually achieved. An emission reduction credi t issued under WAC 173-400-131 may be used to satisfy some or all of the offset requir ements of this subsection.

(6) If the proposed new source is a major stationar y source or the proposed modification is a major modification, the owner or operator has demonstrate d that all major stationary sources owned or operated by such person (or by any entity controlli ng, controlled by, or under common control with such person) in Washington are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emissi on limitations and standards under the Federal Clean Air Act, including all rules contained in an EPA-approved state implementation plan.

(7) If the proposed new source is a major stationar y source or the proposed modification is a major modification for the purposes of the PSD program de scribed in WAC 173-400-141, it meets the requirements of that program for all contaminants f or which the area has not been designated

nonattainment.

(8) If the proposed new source or modification will emit any toxic air pollutants regulated under chapter 173-460 WAC, the source meets all applicabl e requirements of that chapter.

(9) If the proposed new source is a major stationar y source or the proposed modification is a major modification, ecology or the authority has complied with the visibility protection review requirements of 40 CFR 52.28(c) through (e) except for (c)(4)(i), (g), and (h), as in effect on March 3, 1993, and determined that the project meets the criteria set forth in 40 CFR 52.28(g). For purposes of this subsection, definitions referenced in 40 CFR 52.28(b) are incorporated by reference, except that the term "visibility protect ion area" means any Class I area, and terms defined in WAC 173-400-030 shall have the meanings defined in that section. References in 40 CFR 52.28 to "the Administrator" shall mean the age ncy (either ecology or the authority) processing the notice of construction application.

State effective: 9/20/93; EPA effective: 6/2/95

173-400-113 Requirements for New Sources in Attainm ent or Unclassifiable Areas.

Ecology or an authority reviewing an application to establish a new source or modification in an

area that is in attainment or unclassifiable for an y air contaminant the new source would emit and

that is in attainment or unclassifiable for ozone i f the proposed new or modified source would emit

VOCs or NO X , shall issue an order of approval, which order sha ll contain such conditions as are reasonably necessary to assure the maintenance of c ompliance with this chapter, if they determine that the proposed project satisfies all of the foll owing requirements:

(1) The proposed new source or modification will c omply with all applicable new source performance standards, national emission standards for hazardous air pollutants, emission standards adopted under chapter 70.94 RCW and, for sources regulated by an authority, theTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 32 applicable emission standards of that authority.

(2) The proposed new source or modification will e mploy BACT for all pollutants not previously

emitted or whose emissions would increase as a resu lt of the new source or modification.

(3) Allowable emissions from the proposed new sour ce or modification will not delay the

attainment date for an area not in attainment nor c ause or contribute to a violation of any ambient air quality standard. This requirement will be con sidered to be met if the projected impact of the allowable emissions from the proposed new source or the projected impact of the increase in allowable emissions from the proposed modification at any location within a nonattainment area does not exceed the following levels for the pollut ant(s) for which the area has been designated

nonattainment:

Pollutant Annual

Average 24-Hour

Average 8-Hour

Average 3-Hour

Average 1-Hour

Average

CO-

- 0.5 mg/m 3 2 mg/m 3

SO 2 1.0 ug/m 3 5 ug/m 3

- 25 ug/m 3 30 ug/m 3

PM 10 1.0 ug/m 3 5 ug/m 3

- - -
NO 2 1.0 ug/m 3

- - - -

An offsetting emission reduction may be used to sat isfy some or all of the requirements of this

subsection.

(4) If the proposed new source is a major stationa ry source or the proposed modification is a major modification for purposes of the PSD program described in WAC 173-400-141, it meets all applicable requirements of that chapter.

(5) If the proposed new source or the proposed mod ification will emit any toxic air pollutants regulated under chapter 173-460 WAC, the source mee ts all applicable requirements of that

program.

(6) If, within the meaning of the PSD program desc ribed in WAC 173-400-141, the proposed new source is a major stationary source or the prop osed modification is a major modification, ecology or the authority has complied with the visi bility protection review requirements of 40 CFR 52.27(d) through (f), as in effect on March 3, 1993 , and has determined that the source would not cause an adverse impact upon visibility. Reference s in 40 CFR 52.27 to "the Administrator" shall mean the agency (either ecology or the authority) p rocessing the notice of construction application.

State effective: 9/20/93; EPA effective: 6/2/95

173-400-151 Retrofit Requirements for Visibility Pr otection.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 33 (1) Determination of best available retrofit techn ology (BART). Ecology shall identify and analyze each source which may reasonably be anticip ated to cause or contribute to impairment of visibility in any mandatory Class I area in Washing ton and any adjacent state and to determine

BART for the contaminant of concern and those addit ional air pollution control technologies that are to be required to reduce impairment from the so urce.

(2) Initially defined BART. The owner(s) or opera tor(s) of any source(s) to which significant visibility impairment of a mandatory Class I area i s reasonably attributable shall apply BART for each contaminant contributing to visibility impairm ent that is emitted at more than 250 tons per year. Each source for which BART is required must install and operate BART as expeditiously as possible, but in no case later than five years afte r the conditions are included in a regulatory order

.

(3) Future definitions of BART. The owner(s) or o perator(s) of any source(s) to which significant visibility impairment of a mandatory Cl ass I area is reasonably attributable shall apply BART as new technology becomes available for a cont aminant if:

(a) The source emits more than 250 tons per year o f the contaminant; and,

(b) The controls representing BART have not previo usly been required in this section.

(4) Appeal. Any source owner or operator required by this section to install, operate, and maintain BART, may apply to the EPA administrator f or an exception from that requirement pursuant to 40 CFR 51.303.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-161 Compliance Schedules.

(1) Issuance. Whenever a source is found to be in violation of an emission standard or other provision of this chapter, ecology or the authority may issue a regulatory order requiring that the source be brought into compliance within a specifie d time. The order shall contain a schedule for installation, with intermediate benchmark dates and a final completion date, and shall constitute a compliance schedule. Requirements for public invol vement (WAC 173-400-171) must be met.

(2) Federal action. A source shall be considered to be in compliance with this chapter if all the provisions of its individual compliance schedule in cluded with a regulatory order are being met. Such compliance does not preclude federal enforceme nt action by the EPA until and unless the schedule is submitted and adopted as an amendment t o the state implementation plan.

(3) Penalties for delayed compliance. Sources on a compliance schedule but not meeting emissions standards may be subject to penalties as provided in the Federal Clean Air Act.

State effective: 3/22/91; EPA effective: 6/2/95TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 34 173-400-171 Public Involvement.

(1) Applicability.

Ecology or the authority shall provide public notic e prior to the approval or denial of any of the following types of applications or other actions:

(a) Notice of construction application for any new or modified source or emissions unit, if a significant net increase in emissions of any poll utant regulated by state or federal law would result; or

(b) Any application or other proposed action for w hich a public hearing is required by PSD rules; or

(c) Any order to determine RACT; or

(d) An order to establish a compliance schedule or a variance; or

(e) The establishment or disestablishment of a non attainment area, or the changing of the boundaries thereof; or

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

(g) An order to authorize a bubble; or

(h) Notice of construction application or regulato ry order used to establish a creditable emission reduction;

(i) An order issued under WAC 173-400-090 which es tablishes limitations on a source's potential to emit; or

(j) Any application or other proposed action made pursuant to this chapter in which there is a substantial public interest according to the d iscretion of ecology or the authority.

(2) Public notice. Public notice shall be made on ly after all information required by ecology or the authority has been submitted and after applicab le preliminary determinations, if any, have been made. The cost of providing public notice shall be borne by the applicant or other initiator of the

action. Public notice shall include:

(a) Availability for public inspection in at least one location near the proposed project, of the nonproprietary information submitted by the app licant and of any applicable preliminary determinations, including analyses of t he effect(s) on air quality.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 35 (b) Publication in a newspaper of general circulat ion in the area of the proposed project of

notice:

(i) Giving a brief description of the proposal;

(ii) Advising of the location of the documents mad e available for public inspection;

(iii) Advising of a thirty-day period for submitti ng written comment to ecology or the authority;

(iv) Advising that a public hearing may be held if ecology or the authority determines within a thirty-day period that signific ant public interest exists.

(c) A copy of the notice will be sent to the EPA r egional administrator.

Public participation procedures for notice of const ruction applications that are processed in coordination with an application to issue or modify an operating permit shall be conducted as provided in the state operating permit rule.

(3) Public comment. No final decision on any appl ication or action of any of the types described in subsection (1) of this section, shall be made un til the public comment period has ended and any comments received have been considered. Unless a p ublic hearing is held, the public comment period shall be the thirty-day period for written c omment published as provided above. If a public hearing is held the public comment period shall ext end through the hearing date and thereafter for such period, if any, as the notice of public hearin g may specify.

(4) Public hearings. The applicant, any intereste d governmental entity, any group or any person may request a public hearing within the thirty-day period published as above. Any such request shall indicate the interest of the entity filing it and why a hearing is warranted. Ecology or the authority may, in its discretion, hold a public hea ring if it determines significant public interest exists. Any such hearing shall be held upon such n otice and at a time(s) and place(s) as ecology or the authority deems reasonable.

(5) Other requirements of law. Whenever procedure s permitted or mandated by law will accomplish the objectives of public notice and oppo rtunity for comment, such procedures may be used in lieu of the provisions of this section.

(6) Public information. Copies of notices of cons truction, orders, and modifications thereof which are issued hereunder shall be available for p ublic inspection on request at ecology or the authority.

State effective: 9/20/93; EPA effective: 6/2/95TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 36 173-400-190 Requirements for Nonattainment Areas.

The development of specific requirements for nonatt ainment areas shall include consultation with local government in the area and shall include publ ic involvement per WAC 173-400-171.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-200 Creditable Stack Height & Dispersion Te chniques.

(1) Applicability. These provisions shall apply to all sources except:

(a) Stacks for which construction had commenced on or before December 31, 1970, except where pollutants are being emitted from such stacks used by sources which were constructed, or reconstructed, or for which major m odifications were carried out after December 31, 1970;

(b) Coal-fired steam electric generating units sub ject to the provisions of Section 118 of the Federal Clean Air Act, which commenced operatio n before July 1, 1957, and for whose stacks construction commenced before February 8, 19 74;

(c) Flares;

(d) Open burning for agricultural or silvicultural purposes as covered under the smoke management plan;

(e) Residential wood combustion and open burning f or which episodic restrictions apply.

These provisions shall not be construed to limit th e actual stack height.

(2) Prohibitions. No source may use dispersion te chniques or excess stack height to meet ambient air quality standards or PSD increment limi tations.

(a) Excess stack height. Excess stack height is t hat portion of a stack which exceeds the greater of:

(i) Sixty-five meters, measured from the ground le vel elevation at the base of the stack; or

(ii) H g .= H.+ 1.5L

where: H g .= "good engineering practice" (GEP) stack height, measured from the ground level elevation at the base of the stack,TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 37 H.= height of nearby structure(s) measured from the ground level elevation at the base of the stack,

L.= lesser dimension, height or projected width, of nearby structure(s), subject to the proviso below.

"Nearby," as used in this subsection for purposes o f applying the GEP formula means that distance up to five times the lesser of the height or the wi dth dimension of a structure, but not greater than 0.8 kilometer (1/2 mile).

(b) Dispersion techniques. Increasing final exhau st gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust g as plume rise. This does not include:

(i) The reheating of a gas stream, following the u se of a pollution control system, for the purpose of returning the gas to the tempera ture at which it was originally discharged from the facility generating the gas str eam;

(ii) The merging of gas streams where:

(A) The source was originally designed and constru cted with such merged gas streams, as demonstrated by the source owner(s) or operator(s).

(B) Such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant . This exclusion shall apply only to the emission limitation for the pollu tant affected by such change in operation.

(C) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emis sions control equipment or was carried out for sound economic or engineering r easons, and not primarily motivated by an intent to gain emissions credit for greater dispersion.

(3) Exception. EPA, ecology, or an authority may require the use of a field study or fluid model to verify the creditable stack height for the sourc e. This also applies to a source seeking credit

after the effective date of this rule for an increa se in existing stack height up to that established by the GEP formula. A fluid model or field study shal l be performed according to the procedures

described in the EPA Guideline for Determination of Good Engineering Practice Height (Technical Support Document of the Stack Height Reg ulations). The creditable height demonstrated by a fluid model or field study shall ensure that the emissions from a stack do not result in excessive concentrations of any air pollu tant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearb y structures or nearby terrain features.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 38 (a) "Nearby," as used in this subsection for conduc ting a field study or fluid model, means not greater than 0.8 km, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten t imes the maximum height of the feature,

not to exceed two miles if such feature achieves a height 0.8 km from the stack that is at least forty percent of the GEP stack height or twen ty-six meters, whichever is greater, as measured from the ground-level elevation at the bas e of the stack. The height of the structure or terrain feature is measured from the g round-level elevation at the base of the

stack.

(b) "Excessive concentration" is defined for the p urpose of determining creditable stack height under this subsection and means a maximum gr ound-level concentration owing to a significant downwash effect which contributes to ex cursion over an ambient air quality standard. For sources subject to PSD review (WAC 1 73-400-141 and 40 CFR 52.21) an excessive concentration alternatively means a maxim um ground-level concentration owing to a significant downwash effect which contributes to excursion over a PSD increment.

The emission rate used in this demonstration shall be the emission rate specified in the state implementation plan, or in the absence of such, the actual emission rate of the source. "Significant downwash effect" means a maximum groun d-level concentration due to emissions from a stack due in whole or in part to d ownwash, wakes, and eddy effects produced by nearby structures or nearby terrain fea tures which individually is at least forty percent in excess of the maximum concentration expe rienced in the absence of such downwash, wakes, or eddy effects.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-205 Adjustment for Atmospheric Conditions.

Varying the rate of emission of a pollutant accordi ng to atmospheric conditions or ambient concentrations of that pollutant is prohibited, exc ept as directed according to air pollution episode regulations.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-210 Emission Requirements of Prior Jurisdic tions.

Any emissions unit that was under the jurisdiction of an authority and now is under the jurisdiction of ecology, shall meet all emission requirements th at were applicable prior to transfer of jurisdiction if those standards are more stringent than the standards of this chapter or the specific chapter relating to that source.

State effective: 3/22/91; EPA effective: 6/2/95TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 39 173-400-220 Requirements for Board Members.

(1) Public Interest. A majority of the members of any ecology or authority board shall represent the public interest. A majority of the members of such boards, shall not derive any significant portion of their income from persons subject to enf orcement orders pursuant to the state and federal clean air acts. An elected public official and the board shall be presumed to represent the public interest. In the event that a member derive s a significant portion of his/her income from persons subject to enforcement orders, he/she shall delegate sole responsibility for administration of any part of the program which involves these per sons to an assistant.

(2) Disclosure. Each member of any ecology or aut hority board shall adequately disclose any potential conflict of interest in any matter prior to any action or consideration thereon, and the member shall remove themselves from participation a s a board member in any action or voting on

such matter.

(3) Define Significant Income. For the purposes o f this section, "significant portion of income" shall mean twenty percent of gross personal income for a calendar year. In the case of a retired person, "significant portion of income" shall mean fifty percent of income in the form of pension or retirement benefits from a single source other t han Social Security. Income derived from employment with local or state government shall not be considered in the determination of "significant portion of income."

State effective: 3/22/91; EPA effective: 6/2/95

173-400-230 Regulatory Actions.

Ecology may take any of the following regulatory ac tions to enforce this chapter to meet the provisions of RCW 43.21B.300 which is incorporated by reference.

(1) Enforcement Actions by Ecology--Notice to Viol ators. At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 and 70.94.431, the department of ecology shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged t o be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reaso nable time. In lieu of an order, ecology may require that the alleged violator or violators appe ar before it for the purpose of providing ecology information pertaining to the violation or the char ges complained of. Every notice of violation shall offer to the alleged violator an opportunity to meet with ecology prior to the commencement

of enforcement action.

(2) Civil Penalties.

(a) In addition to or as an alternate to any other penalty provided by law, any person whoTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 40 violates any of the provisions of chapter 70.94 or 70.120 RCW, or any of the rules in force under such chapters may incur a civil penalty in an amount as set forth in RCW 70.94.431. Each such violation shall be a separate and distinc t offense, and in case of a continuing violation, each day's continuance shall be a separa te and distinct violation.

Any person who fails to take action as specified by an order issued pursuant to this chapter shall be liable for a civil penalty as set forth by RCW 70.94.431 for each day of continued noncompliance.

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

The maximum penalty amounts established in RCW 70.9 4.431 may be increased annually to account for inflation as determined by the state office of the economic and revenue

forecast council.

(c) Each act of commission or omission which procu res, aids, or abets in the violation shall be considered a violation under the provision s of this section and subject to the same penalty. The penalties provided in this section sh all be imposed pursuant to RCW

43.21B.300.

(d) All penalties recovered under this section by ecology shall be paid into the state treasury and credited to the air pollution control account established in RCW 70.94.015 or, if recovered by the authority, shall be paid into t he treasury of the authority and credited to its funds. If a prior penalty for the same violati on has been paid to a local authority, the penalty imposed by ecology under subsection (a) of this section shall be reduced by the amount of the payment.

(e) To secure the penalty incurred under this sect ion, the state or the authority shall have a lien on any vessel used or operated in violation of this chapter which shall be enforced as provided in RCW 60.36.050.

(f) Public or private entities that are recipients or potential recipients of ecology grants, whether for air quality related activities or not, may have such grants rescinded or withheld by ecology for failure to comply with provisions of this chapter.

(g) In addition to other penalties provided by thi s chapter, persons knowingly under-reporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety da ys late with such payments may be subject to a penalty equal to three times the amoun t of the original fee owed.

(3) Assurance of discontinuance. Personnel of eco logy or an authority may accept an assuranceTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 41 of discontinuance of any act or practice deemed in violation of this chapter. Any such assurance shall specify a time limit during which discontinua nce is to be accomplished. Failure to perform the terms of any such assurance shall constitute pr ima facie proof of a violation of this chapter or any order issued thereunder which make the alleged act or practice unlawful for the purpose of securing an injunction or other relief from the sup erior court.

(4) Restraining orders, injunctions. 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 provision of this chapter, the director, after notice to such person and an opportunity to comply, may petition the superior court of the county wherein the violation is alleged to be occurring or to have occurred for a restraining order or a temporary or permanent inj unction or another appropriate order.

(5) Emergency episodes. Ecology may issue such or ders as authorized by chapter 173-435 WAC via chapter 70.94 RCW, whenever an air pollutio n episode forecast is declared.

(6) Compliance orders. Ecology may issue a compli ance order in conjunction with a notice of violation. The order shall require the recipient o f the notice of violation either to take necessary corrective action or to submit a plan for correctiv e action and a date when such action will be

initiated.

State effective: 3/20/93; EPA effective: 6/2/95

173-400-240 Criminal Penalties.

Persons in violation of Title 173 WAC may be subjec t to the provisions of RCW 70.94.430.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-250 Appeals.

Decisions and orders of ecology or an authority may be appealed to the pollution control hearings board pursuant to chapter 43.21B RCW and chapter 37 1-08 WAC.

State effective: 9/20/93; EPA effective: 6/2/95

173-400-260 Conflict of Interest.

All board members and officials acting or voting on decisions affecting air pollution sources, must comply with the Federal Clean Air Act, as it pertai ns to conflict of interest, and 40 CFR 103(d) which is incorporated by reference.

State effective: 3/22/91; EPA effective: 6/2/95TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 42 Northwest Clean Air Agency Regulations

GENERAL PROVISIONS

SECTION 100 - NAME OF AUTHORITY

100.1 The multi-county agency, consisting of Island, Skag it and Whatcom Counties, having been formed pursuant to the Washington State Clean Air Act RCW 70.94, shall be known and cited as the "Northwest Air Pollution Authority", a nd 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 "Re gulation 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 injur y to plant and animal life and to property, and

foster the comfort and convenience of the inhabitan ts of this area in order to facilitate their enjoyment of the area's natural beauty and thus pro mote economic and social well being.

102.2 In order to carry out the requirements of the Was hington Clean Air Act and to provide uniform administration and enforcement, the NWAPA a dopts the following policies, procedures, standards, prohibitions, and ambient air quality ob jectives.

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 responsibilities for air pollut ion control the Authority is concerned with the interrelationship of land use, a ctivities of people, and industries since each of these contribute to the overall air pollution probl em. The ongoing program carried out by the Authority attempts to seek solutions to existing pr oblems and to develop strategies for prevention of problems as the area of jurisdiction experiences growth and change. To accomplish this best, itTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 43 is necessary for the Authority to enter into the pl anning stages of domestic and industrial development and to participate with other agencies in decisions on location of population and industrial centers considering the kinds of air con taminants these may emit in relation to those from surrounding areas. Coordination with air pollu tion authorization and other agencies in contiguous areas is necessary.

In the development of strategies, it is necessary t o consider three very interrelated areas and 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 allo w 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 shall be necessary, when growth or change occurs, to:

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

102.42 Allow expansion of an area only if the probable e missions of the newcomers, when added to those from presently existing facilit ies, 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 u se. The practice in land use planning to allocate certa in districts for particular uses can create a problem.

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

scattered.

Air pollution control authorities have a responsibi lity to minimize the impact of air contaminants and to keep the air basins within the authority's j urisdiction below the air quality objectives even under the most adverse meteorological conditions. T he Authority thus has a planning responsibility in terms of warning and insuring tha t incompatible land 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 pollu tion problems may be minimized.

102.53 Zones are not made so large that air pollution pr oblems are created by locating tooTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 44 may units with similar emissions. In industrial zo nes, the industries should be dissimilar in nature to minimize the concentration of a single contaminant.

102.6 Population Density Control. In land use planning the density of use is an impor tant factor to consider along with the type of zone degr adation. In problem areas, often times the type of zone is not at fault but too many units of a giv en type are allowed.

It shall be the policy of the Authority, in order t o minimize the population density problem to

recommend that:

102.61 Zones should be intermixed in such a way that hig h density zones are intermixed with low density zones so as to reduce air contamin ant output.

102.62 As the density of zones becomes greater, consider ation must be given to restricting the number of units a given zone can ac commodate.

102.63 Concentrations of population or industries be all owed only up to the point where there is reason to believe that the air quality obj ectives in a given air basin are not likely to

be exceeded.

State effective: 9/8/93, EPA .effective: 4/24/9 5

SECTION 103 - DUTIES AND POWERS

103.1 Pursuant to the provisions of the Washington Clean Air Act RCW 70.94 and RCW 43.21A and 43.21B, the Board may take such reasonable acti on as may be necessary to prevent air pollution which may include control or measurement 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 all ordinances, orders, resolution, or rules and regulations of this Authority pertaini ng to the control and prevention of air pollution. The Board shall establish such procedures and take such action as may be required to implement

Section 102 in a manner consistent with the State A ct and other applicable laws.

103.2 The Board shall require that the Control Officer m aintain appropriate records and prepare periodic reports.

103.3 The Board shall receive minutes of meetings of th e Advisory Council as required. The decisions of the Advisory Council shall be forwarde d 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 court of competent j urisdiction for necessary orders and with Board approval or ratification, commence legal action. No thing herein contained shall be construed to limit the Control Officer from using any other lega l means to enforce the provisions of the Regulations of this Authority.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 45 State effective: 9/8/93, EPA effective: 4/24/95

SECTION 104 - ADOPTION OF STATE and FEDERAL LAWS an d RULES

104.1 All provisions of State Law as it now exists or m ay be hereafter amended, which is pertinent to the operation of the Authority is here 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 Act (RCW 70.94), the Adm inistrative Procedures Act (RCW 34.04) and RCW 43.21A and 43.21B and the following state r ules: WAC 173-400, WAC 173-401, WAC 173-405, WAC 173-410, WAC 173-415, WAC 173-420, WAC 173-421, WAC 173-422, WAC 173-425, WAC 173-430, WAC 173-433, WAC 173-434, WAC 173-435, WAC 173-450, WAC 173-460, WAC 173-470, WAC 173-474, WAC 173-475, WAC 173-480 , WAC 173-481, WAC 173-490, WAC 173-491, WAC 173-492, WAC 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 Authority 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, OOO, PPP, QQQ, RRR, S SS, 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 4 0 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories) Subparts 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 Authority i s declared unconstitutional or the application thereof to any person or circumstance i s held invalid, the constitutionality or validity o f every other provisions of the Regulation of this Au thority shall 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 r equirements of RCW 42.17.250– 42.17.320 (Public Disclosure Law--Public Records).

106.2 Definitions

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

as stated in RCW 42.17.020.

106.3 Public records availableTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 46 106.31 All public records of the Authority are available for public inspection and copying at its office located at 302 Pine Street, #207, Mou nt 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 subject to exem ptions and requirements of

RCW42.17.310.

106.33 When a public record includes information, the di sclosure of which would lead to an unreasonable invasion of personal privacy, and t he Authority becomes aware of this fact, the Authority shall delete such information b efore making the record available.

106.34 Public records requested may not be readily availa ble for immediate inspection. If the requested records are not readily available, th e 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 public records listed in RCW 42.17.260. The Authority's Board of Directors a re of the opinion that the establishment of such an index would be unduly burdensome and interf ere 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 s uch records would be an unreasonable invasion of personal privacy or the violation of th e confidentiality of records and information provisions of the State Clean Air Act (RCW 70.94.20 5).

The Authority is in substantive compliance with RCW 42.17.260 by making available for public inspection and copying public records listed in RCW 42.17.260 (2) (a), (b), (c), (d), (e), and (f). These include promulgated regulations of the Author ity, 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 Violation s issued, upset, breakdown and startup reports, assessment of penalties, index of registered source s, annual emission inventories and summaries of ambient air monitoring data, annual state and fe deral grant applications, including the annual program plan, certification to operate, inspection reports for air pollution sources, variance and

notice of construction records with confidential re cords 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 pe rson at the Authority office shall be made on a form substantially as follows:

106.52 REQUEST FOR PUBLIC RECORDS Date of Request: ________________________ Time:___

_____________________________ Name: ____________________________________________

__________________________TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 47 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.

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 Auth ority Office between the hours of 9:00 a.m. to 12:00 Noon and 1:00 p.m. to 4:00 p.m., Monday throu gh Friday, excluding legal holidays. A request for inspection or copying of public recor ds 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 which the person wishes to inspect the publish

records. (c) A description of the public records requested. (d) A statement whether access to copying equipmen t 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 further de scription of the material or any other

reason. (f) A statement that the record will not be used f or commercial purposes.

All requests by mail must be received by the Author ity at least three business days before the requested data of inspection to allow the Control O fficer or designee to make certain the requested records are available and not exempt and, if necess ary, to contact the person requesting inspection.

The Authority may in its discretion fill requests m ade by telephone.

106.6 Fees. No fee shall be charged for the inspection o f public records. For printed, typed and written material a maximum size of 8 1/2" by 14", t he Authority shall charge a reasonable fee, determined from time to time by the Control Officer , for providing copies of public records and forTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 48 use of the Authority's copy equipment, payable at t he 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 other nonstandard ite ms shall be furnished at the regular price established by the Authority. When other special co py work for nonstandard items is requested, the fee charged will reflect the total cost, includ ing the time of Authority personnel.

106.7 Statement of reason for denial of public records request. When the Authority refuses, in whole or part, a written request for 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.

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 tend ering a written request for review. The written request shall specifically refer to the wri tten statement by the Control Officer or designee which constituted or accompanied the refus al.

106.82 Immediately after receiving a written request for review of a decision denying a public record, the Control Officer or designee deny ing the request shall refer it to the Employer Committee of the Authority Board of Direct ors. The committee shall promptly

consider the matter and either affirm or reverse su ch refusal. The final decision shall be sent to the objecting persons.

106.9 Protection of public records. In order to adequate ly protect the public records of the Authority, the following guidelines shall be adhere d to by any person inspecting such public

records:

106.91 No public records shall be removed from the Author ity premises.

106.92 Inspection of any public record shall 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 copyin g and then only by the Control Officer or designee.

106.95 Access to file cabinets, shelves, vaults, and othe r storage areas is restricted to Authority personnel, unless other arrangements 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 agents m ay make any reasonable investigation orTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 49 study which is necessary for the purpose of standar ds or any amendments thereto on reducing the

amount or kind of contaminant.

110.2 When investigating conditions specific to the cont rol, recovery or release of air contaminants, the Control Officer or his duty autho rized representatives shall have the power to enter at reasonable times upon any private or publi c property, except non- multiple unit private dwellings housing two families or less.

110.3 If an authorized employee of the Authority, durin g the course of an inspection desires to obtain a sample of air contaminant, he shall notify the owner or lessee of the time and place of obtaining a sample so the owner or lessee has the o pportunity to take a similar sample at the same time and place. A receipt shall be given to the own er or lessee for the sample obtained.

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

SECTION 111 - INTERFERENCE OR OBSTRUCTION

111.1 No person shall willfully interfere with or obstr uct 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 MISLEADING ORAL STATEMENT: UNLAWFUL

REPRODUCTION OR ALTERATION OF DOCUMENTS

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

112.2 No person shall reproduce or alter or cause to be reproduced or altered any order, registration certificate, or other paper issued by the Authority if the purpose of such reproduction or alteration is to evade or violate any provision or Regulation of this Authority, 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 Reg ulation of this Authority 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 envelop e directed to the owner or lessee of the equipment, or his registered agent, at the a ddress listed on his application or order or registration certificate or at the address where th e 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 lessee is not an individu al, with a member of the partnership or other group concerned, or with a managing officer o r the registered agent of the corporation under RCW 23A.08 or RCW23A.32 as now or hereafter amended for domestic and foreign corporations respectively.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 50 113.2 Service of any written notice required by the Regu lations of this Authority shall be made on the Authority as follows:

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

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

113.3 Any individual, owner, lessee, managing officer o r registered agent of any business, corporation or government agency coming under the R egulations of this Authority may be required to submit evidence that said person is aut horized 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 INFORMATION

114.1 Whenever any records or other information other t han 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 processes or producti on unique to the owner or operator, or are likely to affect adversely the competitive position such owner or operator of such processes or production may so certify and request that such rec ords or information be made available only for the confidential use of the Board, the Advisory Cou ncil, 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 and purposes of the Regulation of this Authority and with State Laws, may grant the s ame. Nothing herein shall be construed to prevent the use of records or information by the Bo ard, 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 summaries do not re veal 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 con fidential information in which they may, in the opinion of the Board, have a conflict of interest; PROVIDED FURTHER, that emission data furnished to or obtained by the Board shall be corr elated with applicable emission limitations and other control measures and shall be available for p ublic 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 subpoenas for witnesses and evidence, and take testimony under oath and do all things not prohibited by or in a conflict with state law, in any hearing held under the Regulation s of this Authority.

120.11 The Board shall admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable pru dent persons in the conduct of their affairs. The Board shall give effect to the rules o f privilege recognized by law. The Board shall exclude incompetent, irrelevant, immaterial a nd unduly repetitious evidence.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 51 120.12 All evidence, including but not limited to records , and documents in the possession of the Board of which it desired to avai l itself, shall be offered and made a part of the record in the case, and no other factual inf ormation or evidence shall be considered in the determination of the case. Documentary evide nce may be received in the form of copies or excerpts, or by incorporation by referenc e.

120.13 Every party shall have the right to cross-examinat ion of witnesses who testify, and shall have the right to submit rebuttal evidenc e.

120.14 The Board may take notice of judicially cognizable facts and in addition may take notice of general, technical, or scientific facts w ithin their specialized knowledge. Parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they sha ll be afforded an opportunity to contest the facts so noticed. The Board may utilize their e xperience, technical competence, and the specialized knowledge in the evaluation of the evid ence presented to them.

120.2 Any hearings held under this section, under the Was hington Clean Air Act (RCW 70.94) or RCW 43.21A and 43.21B shall be pursuant to the prov isions of RCW 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 belie ve that any provision of this Regulation has been violated, the Board or Control Officer, ma y, in addition to any other remedy of law, issue an order, or orders, that the necessary corrective action be taken within a reasonable time. Such order or orders may advise methods for the preventi on, abatement or control of the emission involved for taking of such other corr ective actions as may be appropriate. Any order or orders issued as a part of a notice or independe ntly may prescribe the date or dates by which the violation or violations shall cease and may prescri be time schedules for necessary action in preventing, abating or controlling the emissions, a nd shall be reported to the Board at its next regular meeting.

121.2 In lieu of an order the Board may hold a hearing t o determine if a violation has occurred or is occurring and is a finding is made that a violat ion has occurred may issue an order under Section 121.1 of this Regulation.

121.3 In lieu of an order the Board or Control Officer ma y require that the alleged violator or violators appear before the Hearings board pursuant to State Law.

121.4 Any orders issued by the Board or Control Officer a re 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 VIOLATIONSTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 52 122.1 Any order or notice of violation issued by the Boa rd or Control Officer shall become final unless, no later than thirty (30) days after the da te that notice and order are served, the person aggrieved by the order or notice of violation appea ls to the Hearings Board as provided by State

Law.

122.2 Any order issued by the Board after a hearing shal l become final unless no later than thirty (30) days after the issuance of such order, a petit ion 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 initiat e a hearing pursuant to RCW 34.04.130 within ninety (90) days after the receipt of the petition requesting judicial 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 is sues of broad public import requiring prompt

and ultimate determination.

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

SECTION 123 - STATUS OF ORDERS ON APPEAL

123.1 An order of the Board or Control Officer issued un der the Authority of Section 121 may be appealed. Such appeal must be filed with the Pollut ion 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 effect during the penden cy of such appeal unless the Board or Control Officer, at their discretion, issue an Orde r staying the effectiveness of the original order.

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

123.4 Such notice of appeal must contain the following in formation:

(a) The appellant's name and address. (b) The date and docket number of the order, permi t or license that is subject to the appeal. (c) Description of the substance of the order, per mit or license that is the subject of the appeal. (d) A clear, separate and concise statement of eac h error alleged to have been committed. (e) A clear, separate and concise statement of fac ts 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 attorney f or the Authority to bring action in Superior Court, and attorney, upon request, shall b ring an action in Superior Court of the county where the violation has occurred, or the violation may occur, to obtain any such relief as is necessary to insure compliance with said order, inc luding injunctive relief. No bond shall be required from the Authority as a condition of grant ing any restraining order or temporary injunction.

State effective: 9/8/93, EPA effective: 4/24/95TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 53 SECTION 124 - DISPLAY OF ORDERS, CERTIFICATES AND OTHER NOTICES:

REMOVAL OR MUTILATION PROHIBITED

124.1 Any order, registration certificate or other certif icate required to be obtained by the Regulations of this Authority shall be available on the premises designated on the order or

certificate.

124.2 In the event that the Authority requires a notice t o be displayed; it shall be posted. No person shall mutilate, obstruct or remove any notic e 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 du ly authorized agent has reason to believe that any provision relating to the control or prevention of air pollution has been violated, 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. T he 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 belie ve that a violation of this Regulation has occurred or is occurring, the Board or Control Offi cer may, with or without notice as specified in Section 130, cause written notice of violation to b e served upon the alleged violator and the facts alleged to constitute a violation thereof. Written notice shall be served at least thirty days prior t o the commencement of any formal enforcement action u nder RCW 70.94.430 and 70.94.431.

131.2 The Board or Control Officer upon issuance of not ice of violation may do any or all of the following:

131.21 Require that the alleged violator respond in writin g or in person within ten (10) business days of the notice and specify the correct ive Action being taken.

131.22 Issue an order pursuant to Section 121 of this Re gulation.

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 Re gulation.

131.25 Require the alleged violator or violators appear b efore the Board.

131.26 Avail itself of any other remedy provided by law.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 54 131.3 Failure to respond as required in Section 131.21 s hall constitute a prima face violation of this Regulation and the Board or Control Officer ma y initiate action pursuant to Section 132, 133, 134, 135 of this Regulation.

131.4 Any suspended civil penalty, issued under Section 1 33 of this Regulation, which is issued as part of a violation shall be applicable in futur e penalties against the same person for not more than two years from the date of the same suspension . After two years the suspended portion of the Penalty shall be considered void and of no force or effect, 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 the provi sions of chapter 70.94 RCW or 70.120 RCW, or any ordinance, resolution, or regulation in force pursuant 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 thousand do llars (10,000) per day per violation, or by imprisonment in the county jail for not more than o ne year, or by both.

132.2 Any person who negligently releases into the ambie nt air any substance listed by the department of ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction thereof shall be punished by a maximum f ine 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 hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or subst antial bodily harm, shall be guilty of a crime and shall, upon conviction thereof shall be punishe d by a maximum fine of not less than fifty thousand dollars, or by imprisonment for not more t han one year, or both.

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

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

132.6 Any person who knowingly makes any false material s tatement, representation, or certification in any form, in any notice or report required by a permit, as required by 40 CFR 70.11(a)(3)(iii) shall be guilty of a crime and upo n 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: 12/26/9 5TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 55 SECTION 133 - CIVIL PENALTY

133.1 In addition to or as an alternate to any other pena lty 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 Regulation of the Northwest Air Pollution Authority shall be liable for a civil penalty in an amount of not m ore than eleven thousand dollars ($11,000) per day per violation. Each violation shall be a separa te 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 s hall be liable for a civil penalty of not more than eleven thousand dollars ($11,000) for each day of c ontinued noncompliance.

133.2 Each act of commission or omission which procures , aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the same penalty. The penal ty shall become due and payable when the person incurr ing the same receives a notice in writing from the Control Officer of the Authority describing the vio lation with reasonable particularity and advising such person that the penalty is due unless a reques t is made for a hearing to the Hearings Board. With in fifteen days after the notice is received, the pers on incurring the penalty may apply in writing to th e 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 extraordinary 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 within thirty (30) days after rece ipt of notice imposing the same and request for a hearing has not been made, the attorney for the Authority, upon the request of the Control Officer, shall brin g an action to recover such penalty in the Superior Court of Skagit County or of the County in which th e violation occurred. All penalties recovered under this section by the Board shall be paid unto the tr easury of the Authority and credited to its funds.

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

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

The maximum penalty amounts established in this sec tion 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 kn owingly under reporting emissions or other information used to set fees, or persons required t o pay emission or permit fees who are more than ninety days late with such payments, may be subject to a penalty equal to three times the amount of the original fee owed.

State effective: 11/13/94, EPA effective: 12/26/9 5

SECTION 134 - RESTRAINING ORDERS - INJUNCTIONSTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 56 134.1 Notwithstanding the existence or use of any other r emedy, whenever any person has engaged in, or is about to engage in, any acts or p ractices which constitute or will constitute a violation of any provisions of the Regulations of t his Authority, or any rule, regulation or order issued by the Board or the Control Officer or his a uthorized agent, the Board, after notice to such person and an opportunity to comply, any petition t he Superior Court of the County wherein the violation is alleged to be occurring or to have occ urred, for a restraining order or a temporary or permanent injunction or another appropriate order.

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

SECTION 135 - ADDITIONAL ENFORCEMENT - COMPLIANCE SCHEDULES

135.1 As an additional means of enforcing the Regulatio ns of this Authority the Board or Control Officer may accept an assurance of discontinuance o f any act or practice deemed in violation of these Regulations from any person engaging in, or w ho has engaged in, such an act or practice. Any such assurance shall specify a time limit durin g which such discontinuance is to be accomplished. Failure to perform the terms of any s uch assurance shall constitute prima facie proof of a violation of these Regulations or an ord er and/or violation issued pursuant thereto which make the practice unlawful for the purpose of secur ing any injunction or other relief from the Superior Court as provided in Section 134.

135.2 Any assurance of discontinuance or other complian ce schedule shall specify, if appropriate, the amount of time required within the overall time limit to accomplish each of the following:

135.21 When plans for compliance will be filed with the A uthority.

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

135.23 When the necessary equipment will be ordered and v erification that an order has been placed and when delivery of the equipment is e xpected.

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, within the jurisdiction of the Authority, which are required by State and Federal law to abide by the Regulations o f 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 and quantity of pol lutants involved.

140.2 All governmental agencies which lie wholly or parti ally within the jurisdiction of this Authority, including but not limited to city and co unty planning agencies which recommend orTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 57 adopt land-use and zoning regulations including the issuance of variances such as conditional or special use permits for the construction of any fac ilities 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 VEHICLE OWNER RESPONSIBILITY

145.1 Whenever an act or omission is declared unlawful un der this Regulation, with respect to the operation of a licensed motor vehicle, operatin g off 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 shall both be subject to the provisions of this Regulation with the primary responsibility to be that of the owner.

145.2 Whenever an act or omission is declared unlawful wi th respect to the operation of a non-highway mobile source if the operator of the ve hicle is not the owner of such vehicle but is operating or moving the same with the express conse nt or implied permission of the owner, then the operator and/or owner shall both 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 145 - MOTOR VEHICLE OWNER RESPONSIBILITY

145.1 Whenever an act or omission is declared unlawful un der this Regulation, with respect to the operation of a licensed motor vehicle, operatin g off 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 shall both be subject to the provisions of this Regulation with the primary responsibility to be that of the owner.

145.2 Whenever an act or omission is declared unlawful wi th respect to the operation of a non-highway mobile source if the operator of the ve hicle is not the owner of such vehicle but is operating or moving the same with the express conse nt or implied permission of the owner, then the operator and/or owner shall both 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 A IR CONTAMINANT

SOURCES

150.1 Every person operating a Class A registered air co ntaminant 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 f orth:

150.11 The nature of the enterprise.

150.12 A list of process materials which are potentially significant sources of emissionsTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 58 used in, and incidental to, its manufacturing proce sses, including by-products and waste products.

150.13 The estimated annual total production of wastes di scharged into the air in units and contaminants designated by the Authority. Annua l emission reports shall be submitted to the NWAPA within120 days after the end of the pr evious calendar year. If the emission report is not submitted by the required date and th e emissions are used to determine operating permit fees as described in Section 324.1 26 then potential to emit will be used to

determine said fees.

150.2 Every person operating a registered source other th an Class A may be required by the Control Officer to submit periodic reports as in 15 0.1 if there is a significant change or increase in pollutant emissions.

150.3 Notwithstanding any exemptions under these Regulat ions or State or Federal laws, any source or sources which directly or indirectly cont ributes air contaminants to within the jurisdictional area of the Authority may be require d 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 quantities as may be r equired 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 liquid or solid foss il fuels for public consumption in motor vehicles or for space heating purposes.

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

SECTION 180 - SAMPLING AND ANALYTICAL METHODS - REF ERENCES

180.1 Sampling and analytical methods used shall be curr ent applicable Environmental Protection Agency and/or Department of Ecology Refe rence Methods or an equivalent method and/or a method specifically approved by the Contro l Officer.

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

DEFINITIONS

SECTION 200 - DEFINITIONS

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

AIR CONTAMINANT - Means dust, fumes, mist, smoke, other particulat e 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.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 59 AIR POLLUTION - Is present in the outdoor atmosphere of one or mo re air contaminants in sufficient quantities and of such characteristics a nd duration as is, or is likely to be, injurious to human health, plant, or animal life, or property, o r which unreasonably interfere with enjoyment of life and property.

AIR QUALITY OBJECTIVE -The concentration and exposure time of one or mor e air contaminants in the ambient air below which, accord ing to available knowledge, undesirable

effects will not occur.

AIR QUALITY STANDARD -An established concentration, exposure time and f requency of

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

ALTERATION

- Any addition to or enlargement or replacement of; o r any major modification or fuel change or change of design, capacity, process or arrangement, or any increase in the connected loading of, equipment or control facility which may, in the opinion of the Control Officer, increase or adversely affect the kind or a mount 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 MONITORING STATION - A station so designated by the Control Officer fo r the purpose of measuring air contaminant concentrat ions in the ambient air. The station location and sampling probe locations shall be designated by the Control Officer utilizing as a guide CFR 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 pollut ant subject to regulation under Chapter 70.94 RCW emitted from or which results from any new or m odified stationary source, which the permitting authority, on a case-by-base basis, taki ng into account energy, environmental, and economic impacts and other costs, determines is ach ievable for such source or modification through application of production processes and ava ilable methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control for each such pollutant. In no event shal l application of the “best available control technology” result in emissions of any pollutants w hich will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 6 1, as they exist on October 13, 1994, or their later enactments as adopted by reference by the Con trol Officer by rule. Emissions from any source utilizing clean fuels, or any other means, t o comply with this paragraph shall not be allowed to increase above levels that would have been requi red under the definition of BACT in the Federal Clean Air Act as it existed prior to enact ment 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 appl ication of the best system of continuous emission reduction for each pollutant which is emit ted by an existing stationary facility. TheTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 60 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 pollution control equipm ent in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.

BOARD - Board of Directors of the NWAPA

.

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

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

a carbon monoxide boiler.

COMBUSTION EQUIPMENT - Any device which includes a chamber where combus tion takes place and for which a flue, vent, or chimney is req uired for the venting of the products of combustion from a boiler, furnace, incinerator, sto ve, heater, industrial furnace, etc.

COMPLAINANT - Any person who files a complaint.

CONCEALMENT - Any action taken to reduce the observed or measur ed 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 an d disposal systems, machinery equipment, structures, property or any pa rt of accessories thereof, installed or acquired for the primary purpose of reducing, controlling, o r disposing of industrial waste which, if released to the outdoor atmosphere, could cause air pollutio n.

CONTROL OFFICER - Air Pollution Control Officer of the NWAPA.

DAYLIGHT HOURS - The hours between official sunrise 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 plane and vert ical elevation) from which an emission enters the atmosphere.

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

air.

EQUIPMENT - Any stationary or portable device or any part the reof capable of causing the emission of any contaminant into the atmosphere or ambient air.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 61 EXCESS EMISSIONS - Emissions of an air pollutant in excess of any a pplicable emission

standard.

EXISTING STATIONARY FACILITY - A stationary source of air pollutants which has t he potential to emit two hundred fifty tons per year o r more of any air pollutant. In determining potential to emit, fugitive emissions, to the exten t quantifiable, must be counted. For purposes of determining whether a stationary source is an exist ing stationary facility the term "building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to t he same industrial grouping, are located on one or mor e contiguous or adjacent properties, and are under the control of the same person (or persons un der common control). Pollutant-emitting activities shall be considered as part of 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.

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, rye grass, 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 official s from the Washington State Department of

Natural Resources.

FUEL BURNING EQUIPMENT - Any equipment, device, or contrivance, used for the burning of any fuel, and all appurtenances thereto, includi ng ducts, breachings, control equipment, fuel feeding equipment, ash removal equipment, combustio n 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 examples 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 r easonably pass through a stack, chimney, vent, or other functional ly equivalent opening.

HEARINGS BOARD - The state Pollution Control Hearings Board or eq uivalent 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 was te by burning.

INPUT HEAT CAPACITY - Is the maximum actual or design heat capacity, w hichever is greater, stated in BTU/hr. generated by source.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 62 INSTALLATION - The placement, assemblage, or construction of equ ipment or control facility at the premises where the equipment or control faci lity 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 charact er such as trees, stumps, shrubbery or other natural vegetation in preparation of a land improve ment or construction project as distinguished from a forest harvest operation.

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

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

MERCURY - The element mercury, excluding any associated el ements and includes mercury in particulates, vapors, aerosols, and compounds.

MERCURY ORE - A mineral mined specifically for its mercury con tent.

MERCURY CHLOR-ALKALI CELL - A device which is basically composed of an electrolyzer section and a denuder (decomposer) sec tion and utilizes mercury to produce chlorine gas, hydrogen gas, and alkali metal hydroxide.

MODIFICATION - Any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contami nant emitted by such source or that results in the emissions of any air contaminant not previously emitted. The term modification shall be

construed consistent with the definitions of modifi cation in Section 7411, Title 42, United States Code, and with rules implementing that section.

MULTIPLE CHAMBER INCINERATOR - Any incinerator consisting of two or more combustion chambers in series, employing adequate d esign parameters necessary for maximum

combustion of the material to be burned.

NEW CONSTRUCTION - It shall be deemed new construction and new sourc e standards shall apply when: (1) equipment and facilities are made a nd/or used for the first time at a specific location or site, or (2) existing equipment or faci lities 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 contaminant emissions compared to the original or present

emissions.

NEW SOURCE - (a) The construction or modification of a station ary source that increases the amount of any air contaminant emitted by such sourc e or that results in the emission of any airTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 63 contaminant not previously emitted; and (b) Any oth er 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 used on nor does ordina rily 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 ex isting stationary source or replacement or substantial alteration of control technology at an existing stationary source.

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

taste.

OPACITY - Opacity means the degree to which an emission red uces the transmission 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 notice of construction app lication for a proposed new source or modification , or the replacement or substantial al teration of control technology at an existing stationary source.

OUTDOOR FIRE - A fire where any material is burned in the open, in receptable other than a furnace, incinerator, or other equipment connected to a stack or chimney.

OWNER OR AGENT - Includes the person who leases, supervises or oper ates the equipment or control facility.

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

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

water.

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

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

PETROLEUM LIQUIDS - Petroleum condensate, and any finished intermedi ate product manufactured in a petroleum refinery but does not m ean Number 2 through Number 6 fuel oils as specified in A.S.T.M. D396-69, gas turbine fuel oil s Numbers 2-GT through 4-GT as specified inTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 64 A.S.T.M. D2880-71, or diesel fuel oils Number 2-D a nd 4-D as specified in A.S.T.M. D975-68.

PLANT SOURCE - Any process or group of processes operated by an person at a single geographic location, regardless of the number of em ission 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 Portland cement by eit her the wet or dry process.

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

accordance with 40 CFR Part 53.

PROCESS - A physical and/or chemical modification or treatm ent 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 i s capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an indivi dual 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 con trols, the impact of additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for any source or source category shall be adopted only aft er notice and opportunity for comment are

afforded.

REFUSE - Putrescrible and non-putrescible solid waste inclu ding garbage, rubbish, ashes, dead animals, abandoned automobiles, solid market wastes , street cleanings and industrial wastes including waste disposal in industrial salvage.

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

or combustion remains.

REGISTRATION - Registration shall mean the prmcess of identifyin g, delineating and itemizing all air contaminant sources within the jurisdiction of the Authority including the making of periodic reports, as required, by the persons opera ting or responsible for such sources and may contain information concerning location, size, heig ht of contaminant outlets, processes employed,

nature of the contaminant emissions and such other information as is relevant to air pollution and available or reasonably capable of being assembled.

RESIDENTIAL BURNING - Means small outdoor fires, at a one or two family residence,TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 65 consisting of leaves, clippings, pruning and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a hu man dwelling resulting from activities connected with said dwelling and burned on such lan ds by the property owner 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 sufficient amo unt to be observable.

SOURCE - All of the emissions unit(s) including quantifia ble fugitive emissions, that are located on one or more contiguous or adjacent properties, a nd are under the control of the same person or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products. Activit ies shall be considered ancillary to the production of a single product or functionally rela ted group of products if they belong to the same major group (i.e., which have the same two digit co de) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

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

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

mercury.

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

STATE ACT - Washington Clean Air Act (RCW 70.94) and RCW 43.2 1A and 43.21B.

STRAW - All vegetative material of agricultural origin ot her 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 exerted by a hydrocarbo n at storage

conditions.

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

UNAVOIDABLE ACCIDENT - A casualty or breakdown of process or control eq uipment which cannot be foreseen, with the possibility of i t occurring being so remote that no special stepsTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 66 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 enclosure to form a truncated cone or a single chamber cylindrically shaped incinerator l ine or constructed of suitable refractory material which employs controlled fuel feed, tangential over fire and under fire air supply system, and is designed and used for the disposal of wood and bark wastes by incineration.

State effective: 11/13/94, EPA effective: 12/26/9 5

CONTROL PROCEDURES

SECTION 300 – NOTICE OF CONSTRUCTION WHEN REQUIRED

300.1 No person shall construct, install, establish, mo dify 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 Construction and Application for Approval,” on forms prepared and furnished by the Authority, obtaining written appro val of the Board prior to the said construction, installation, modification, or establishment, and p aying the appropriate fees as provided in Section 324.2. The Authority may only grant approval of th e “Notice of Construction and Application for Approval” if the requirements of Sections 301 and 3 02 have been met.

300.2 A “Notice of Construction and Application for App roval” shall not be required to commence an alteration of equipment or control faci lity in the event of breakdown or if delaying the alteration may endanger life or have other seri ous 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 Application for Approva l” shall be filed within fourteen (14) days

after the alteration is commenced.

300.3 A separate Notice and Application shall be submit ted for each unit of equipment or control facility, unless identical units of equipment or co ntrol 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 application but that iden tical units subsequently added shall require a separate Notice and Application; provided also, tha t, the owner has the option to give notice and apply for approval of a process with a detailed inv entory of contaminant sources and emissions related to said process.

300.4 Where work for which a Notice of Construction is required, is commenced, or is performed prior to making application and receiving approval, the Control Officer may assess an investigation fee, in addition to the fees of Secti on 324.2. The investigation fee shall be assessed in an amount equal to three times the plan examinat ion fees identified in Section 324.2. Payment of the fees does not relieve any person from the re quirement to comply with the regulations nor from any penalties for failure to comply.

State effective: 11/13/94, EPA effective: 12/26/9 5TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 67 SECTION 301 - INFORMATION REQUIRED FOR NOTICE OF CO NSTRUCTION AND APPLICATION FOR APPROVAL, PUBLIC NOTICE, PUBLIC HEA RING

301.1 Each Notice of Construction and Application for App roval for the construction, installation, or establishment of a new air contami nant source as described above shall be accompanied by a set of plans which show and descri be the equipment and control facility, its location, and function.

301.2 The proposed means for the prevention or control of the emissions of air contaminants and will provide all known available and reasonable met hods of emission control.

301.3 Each Notice of Construction and Application for A pproval 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 may, within 30 days of its receipt of such notice, request such other information as deemed necessary in order to determine whether the proposed construction, installation or establishment, will b e in accordance with applicable rules now or hereafter adopted by the Board or the WDOE and will provide all known, available and reasonable

methods of emission control.

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

301.6 The Authority shall provide public notice prior t o approval or denial of a Notice of

Construction if a new or modified source will resul t in a significant emissions increase as defined by WAC 173-400-030(67). The public notice shall pr ovide for a thirty day period to receive written comments. No final decision on any Notice of Construction and Application for Approval until the comment period has ended and all comments have been considered.

301.7 The applicant, any interested governmental entity, any group, or any person may request a public hearing within the thirty day period require d by 301.6. Any request shall indicate the interest of the entity filing if and why a hearing 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: 12/26/9 5

SECTION 302 - ISSUANCE OF APPROVAL OR ORDER

302.1 If on basis of plans, specifications, or other in formation required pursuant to Section 301, the Board determines that the proposed construction , installation or establishment will be in accord with this Regulation, applicable air pollution cont rol regulations of the DOE, laws of the State of Washington, and will provide all known available an d reasonable methods of emission control, it shall, within thirty (30) days issue a determinatio n of whether the operation of the new air contaminant source at the location proposed will ca use any ambient air quality standard to beTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 68 exceeded.

302.2 No approval will be issued unless the information supplied as required by Section 301.1 of this Regulation provides evidence to the Board or C ontrol Officer that:

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

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

for the kind and amount of air contaminant emitted by the equipment.

302.23 The project shall employ all known, available, an d reasonable air pollution control technology for all pollutants (BACT).

302.24 The project shall not result in a violation of an y 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 h ave been fulfilled.

302.27 The project shall comply with all applicable fede rally mandated programs.

302.3 If the board determines that all the requirements o f 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 standa rds. It shall be unlawful for an operator of a source to not abide by the operating and reporting conditions in the Order of Approval.

302.4 If the Board determines that the construction, in stallation or establishment of a new air

contaminant source will not meet the emission stand ards or the ambient air standards or other prohibition established by this Regulation, or will not provide all known available and reasonable means of emission control, the Board shall, within sixty (60) days of receipt of the “Notice of Construction and Application for Approval”, issue a n Order under Section 121 for the prevention of the construction, installation or establishment of the air contaminant source or sources, and,

302.41 The Order shall be in writing;

302.42 The Order shall set forth the objections in detai l with references to the specific provisions of this Regulation and/or with other ap plicable rules and regulations set forth in the WAC and laws of the State of Washingt on and emission standards that will not be met by the proposed construction, installat ion or establishment;

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

302.5 Any order issued pursuant to this Section shall b ecome final unless, no later than fifteen (15) days after the date the Order is served pursua nt to Section 121, the owner or applicant petitions for a reconsideration of the Order with r easons for the reconsideration.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 69 302.52 If the petition of the owner or applicant be disa pproved the owner or applicant may petitio the Hearings Board within (30) days af ter 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, insta llation or establishment may proceed, provided that it is in accordance with the plans, specificat ions or other information, if any, required to be submitted. Such failure, however, shall not reliev e any person from his obligation to comply with any emission requirement, or with any other provisi on of law.

302.7 Any Order of Approval issued under this Section s hall be valid for one year. If engineering and/or construction of any facility aut horized under this Section has not commenced within one year from the date of approval the Notic e and Application is revoked and considered void. If the applicant can show evidence that the magnitude of the construction project is such or delays have been encountered in the delivery of equ ipment 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, i f it is determined that the project still incorporate s all known, available and reasonable air pollution control technology.

State effective: 11/13/94, EPA effective: 12/26/9 5

SECTION 303 - NOTICE OF COMPLETION - NOTICE OF VIOL ATION

303.1 The owner or applicant shall notify the Board or Control 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 wi ll commence. The Board or Control Officer shall, within thirty days of receipt of notice of c ompletion, inspect the construction, installation, or establishment, and the Board or Control 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 owner may appeal said Order in accordance with the provisions and procedures of Section 122.

303.3 The issuance of approval as provided by this Sect ion of this Regulation shall not relieve the owner of the obligation to comply with the emission standards as adopted by this Authority or prevent the Board or Control Officer from issuing s uch 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, facility 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 t o operate secured from the Control Officer, unless specifically excluded by Section 322. If at the end of not more than one year of operationTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 70 of said air contaminant emission source, the source meets the emission requirements of this Regulation, then the emission source will be regist ered under Section 320.

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

310.3 Any Registration, Certificate of Approval to Oper ate or Approval of Construction is subject to review at the end of one year of operati on of the facility. If in that time, the facility or item which was approved has not been implemented 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 except as otherwise prov ided in Section 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 the j urisdiction of the Authority except any of

the air contaminant sources which are listed in Sec tion 322, which is attached hereto and made a part hereof, as now constituted or as hereafter ame nded shall be registered by the Authority.

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

310.

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

SECTION 321 –GENERAL REQUIREMENTS FOR REGISTRATION

321.1 Registration shall include the following procedures . Any person operating or responsible for the operation of an air contaminant source that requires registration shall make reports containing information as may be required concernin g location, size and height of contaminant outlets, processes employed, nature of contaminant emission and such other information as is relevant to air pollution and available or reasonab ly capable or being assembled. The owner or agent of the source shall, upon request, submit the required information.

321.2 A separate registration shall be required for eac h source of contaminant; provided that, an owner need not have a separate registration for ide ntical units of equipment or control facility installed, altered or operated in an identical mann er on the same process.

321.3 Any registered source which ceases to operate any air contaminant source for one (1) year or more or said source leaves the jurisdiction of t he Authority, the source shall be considered a new

source and shall submit a Notice of Construction an d Application for Approval and receive approval from the Board prior to resumption of oper ation or re-entry into the jurisdiction of the Authority. Provided, however, that those registere d sources specifically designed and approved by the Control Officer as part of their original “N otice of Construction and Application forTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 71 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 ow ner, lessee, or his registered agent from all other requirements of the Regulation of this Author ity. 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 desig ned to remove air contaminants generated by or released from equipment.

322.2 Asphalt laying equipment.

322.3 Atmosphere generators used in connection with met al heat treating processes.

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

322.5 Fuel burning equipment, other than smoke house ge nerators, which:

322.51 Is used solely for a private dwelling serving les s 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 heat input shal l be less than 0.4 million BTU per hour (0.5 GJ/hr) provided that:

a. The used oil burned is either generated on site o r received from do-it-yourself oil changers; and

b. The used oil burned is not contaminated with adde d dangerous wastes.

322.6 Insecticide spray equipment, non commercial.

322.7 Laboratory equipment used exclusively for chemica l or physical analyses.

322.8 Laundry driers, extractors or tumblers used exclu sively for the removal of water from

fabric.

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

322.10 Sewing equipment.

322.11 Surface coating by use of aqueous solution or sus pension.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 72 322.12 Steam cleaning equipment used exclusively for tha t purpose.

322.13 Storage tanks, reservoirs, or containers:

322.131 Of a capacity of 6,000 gallons or less used for o rganic 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 Vap or Pressure is equal to or less than 1.5 psia under actual storage conditions.

322.134 Containing liquids which are not vented to the at mosphere.

322.14 Vacuum producing devices used in laboratory opera tions, 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 products fab ricated from metal or glass, if no volatile organic material is used in the process.

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

322.18 Restaurants and other retail food preparing estab lishments.

322.19 Piping modifications on existing process units th at result in increases in fugitive hydrocarbon emissions of less than 2.0 tons per yea r.

322.20 New emission units or activities with emissions b elow 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 volatile organic compounds (VOC); (e) 0.75 tons per year of PM-10 (as defined in WAC Chapter 173-400-030(53)TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 73 (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: 12/26/9 5

SECTION 323 - CLASSES OF REGISTRATION

323.1 All air contaminant sources registered by this Au thority 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 uncon trolled annual emissions usually in excess of 50 tons/year shall b e 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 uncon trolled 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 su bject to review at the discretion

of the Control Officer.

323.13 CLASS C - All air contaminant sources with potential uncon trolled annual emissions usually less than 10 tons/year shall be c lassified as CLASS C sources. The registration of 11 CLASS C sources will be subject to review at the discretion of the

Control Officer.

323.14 SPECIAL CLASS D - All sources which in and of themselves are not a ir contaminant sources per se, but distribute, sell o r make available for sale to the general public or other dealers within the jurisdi ction of the Authority, solid, liquid, or gaseous fuel (which create emission to the atmo sphere) shall be classified as CLASS D sources. ALL CLASS D sources may be required to submit an annual report of the type and quantity of fuel sold on forms provided by the Control Officer 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 annual gasol ine throughput greater than one million three hundred twenty-five thousand liters (350,000 gallons)

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

510 and not Classified in CLASS A or B herein shall be classified as a CLASS I source. This class also includes wood waste burners under Section 458 and other incinerators which may come under the Regulation o f this Authority. ALL CLASS I sources will be subject to review at the discretio n of the Control Officer.

323.17 SPECIAL CLASS O - All air contaminant sources whether or not they would be otherwise classified under this Regulation which ha ve an actual or potential odor problem associated with their operation may be classified a s a CLASS O source. ALL CLASS O sources will be subject to review at the discretio n of the Control Officer.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 74 323.18 SPECIAL CLASS S - All air contaminant sources which are unique and because of special circumstances cannot be adequately class ified elsewhere shall be classified as CLASS S sources. ALL CLASS S sources are subject to review at the discretion

of the Control Officer.

323.19 CLASS T - All air contaminants sources with potential unco ntrolled annual emissions usually less than 10 tons/year of any co mpound 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 subject to review at the discretion of the

Control Officer.

323.2 Any registered source which is classified in CLASS A, B, or C under this Regulation may petition the Control Officer for a change in regist ration classification to a lower class under the following conditions:

323.21 The registrants shall show that the lower classif ication is more applicable to their particular situation and that they consistently mee t the emission and ambient air standards and any other prohibitions and requirements for the ir new class.

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

323.3 Intermittent sources which vary in total emission s proportionately according to the amount of time they operate annually shall be extrapolated 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 arti cle, machine, equipment, facility, control facility, or other con trivance, the use of which is likely to cause the emission of air contaminants or a variance be grant ed and under the jurisdiction of this Authority, an annual registration fee shall be paid to the Aut hority at a time and 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 o f each Variance issued by NWAPA, shall, upon notification by the Control Off icer, pay the Authority an annual registration fee on or before January 1 of each yea r in accordance with the following schedule except that any new source which has paid a Notice of Construction filing fee and plan, examination and inspection fee shall not be r equired to pay an additional registration fee during that same calendar year.

324.111 All Class “A” Registered SourcesTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 75 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 $400

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 $150TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 76 324.1142 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 sources 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 facility that in cludes 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 lo cation and under the same manager, shall pay the full fee for the primary sou rce, as determined by the Control Officer, and fifty percent (50%) of the fee for eac h 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 interim fees to cover operating permit program development costs. The fees will be assess ed to all sources in the jurisdiction that emit one hundred tons or more of a regulated pollutant. A regulated pollutant is defined in Section 502 (b) o f the Federal Clean Air Act

Amendments of 1990. Fees shall be based on emissio ns determined in the most recent emissions inventory. The costs shall be det ermined by a workload analysis done by the Authority and approved by the Board. T he 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 opera ting permit fees in it’s jurisdiction for any source specified in section 76 61 (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 S ection). The total fees required by the NWAPA to administer the program sha ll be determined by a workload analysis conducted by the staff and approv ed annually by resolution by the Board of Directors in a public hearing. Alloca tion of the fees to individual affected sources shall be based on the following:

a. Twenty percent of the total fees shall be alloc ated equally among all affected

sources.

b. Eighty percent of the total fees shall be alloc ated based on actual emissions of regulated pollutants identified in the most recent annual emission inventory, or potential emissions if actual data are unavailable. A Regulated pollutant for feeTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 77 calculation shall include: Nitrogen oxides Volatile organic compounds Particulate matter with an aerodynamic particle dia meter less than or equal

to 10 μ (PM-10)

Sulfur dioxide

Lead Any pollutant subject to the requirements under Sec tion 112 (b) of the FCAA not included in any of the above categories.

324.122 Upon assessment by the Authority, fees are due an d 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 within 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 Exa mination, evaluation and/or inspection fee. The following fees shall be paid by an applic ant for processing a Notice of Construction and Application for Approval, pursuant to Section 300.1 or a Variance pursuant to Section 350, before the Board will take any action approving or denying said application.

324.21 A $100.00 filing fee and in addition, the plan ex amination and inspection fee set forth in Section 324.22. One filing fee and plan e xamination, 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 Inspect ion 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 $1,000

250 or more but less than 500 $15,000 $3,000

More than 500 $20,000 $5,000TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 78 324.222 Other in Cubic Feet Per Minute (CFM-Design) from equipment, such as, but not limited to, cyclones, bag filters, electros tatic precipitators 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 (Desi gn)

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 p ermit fee

324.228 Public Hearing for Order of Approval $500

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

324.23 Environmental Policy Guidelines

324.231 Threshold Determination. For every environmental checklist theTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 79 NWAPA reviews when it is Lead Agency, the applicant shall first pay NWAPA a fee of $100.00 prior to undertaking the Threshold D etermination by the responsible

official of NWAPA

324.232 If the Authority decides it must prepare an Envir onmental Impact Statement (EIS) in order to comply with the State E nvironmental Policy Act of 1971 before taking any action on a Notice of Constr uction, the cost of preparing, publishing, and distributing an EIS at a cost per h our rate for Authority staff time based upon actual cost as determined by the Control Officer and such other expenses as mutually agreed upon by the applicant a nd the Control Officer including consulting services, testing, reproductio n, distributing, etc., shall be paid by the applicant.

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

324.25 “Bubble” and “Emission Reduction Credit”

A $250.00 application and processing fee shall be p aid for each application 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: 12/26/9 5

SECTION 325 - TRANSFER

325.1 A registration, approval to construct, operate or use any article, machine, equipment, facility or other contrivance, the use of which may cause emission of air contaminants, shall not be transferable, whether by operation of law or otherw ise, either from one location to another, from one piece of equipment to another, or from one pers on 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 the 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 re sults in or may have resulted in the emission and/or ambient air quality standard establ ished 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 prompt ly as possible and in no event later than twelve (12) hours to the Authority.

340.12 The person responsible shall, upon the request of t he Control Officer, submit a full report within ten (10) days including the know n causes, corrective measures taken, andTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 80 preventive measures to be taken to minimize or elim inate a recurrence.

340.2 Compliance with the requirements of this section do es not relieve the owner or operator of the source from the responsibility to maintain cont inuous 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 t his Regulation if any control equipment or other equipment creating emissions to the atmospher e is turned off, broken down or otherwise inoperative, and a notice of breakdown has not been filed under Section 340.1.

State effective: 11/13/94, EPA effective: 12/26/9 5

SECTION 341 - SCHEDULE REPORT OF SHUTDOWN OR STARTU P

341.1 If the operator of any air contaminant source reg istered or operating under a Certificate of Approval to Operate, issued by the Authority, sched ules a total or partial shutdown or startup of control or process equipment which may result in em issions or any additional emissions to the atmosphere which may temporarily exceed the emissio n standards of this Regulation; the operator or owner of the source shall notify the Authority p rior 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 relea se of air contaminants to the atmosphere including the reasons for and duration of the propo sed shutdown or startup, the nature of the action to be taken, the date and time for the action and a n estimate of the anticipated rate and

concentration of emission.

341.3 Compliance with the requirements of this section d oes not relieve the owner or operator of the source from the responsibility to maintain cont inuous compliance with the requirements of this Regulation nor from the resulting liabilities for f ailure 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 keep a ny process and/or air pollution control equipment in good operating condition and repair. I f a breakdown or upset condition occurs and it is determined by the Control Officer to be due to p oor operating and maintenance procedures, the Control Officer may take any legal steps necessary to prevent a recurrence of the breakdown or upset condition.

342.2 Operation and maintenance instructions and schedul es for process and/or control equipment must be available and may be required to be posted on the site. This section is specifically applicable to the operation of equipme nt 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 improper operation or maintenance of equipment, the owner or operator of the source will , 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 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 81 taken in training or re-orienting personnel to prev ent 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 p rovide and maintain such sampling and testing facilities as specified in the approval to construc t or the registration to operate.

360.2 Before an approval to construct or a registration 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 per form such tests as are necessary in order to secure information that will disclose the nature, e xtent, quality or degree of air contaminants discharged into the atmosphere from the article, ma chine, equipment or other contrivance described in the notice of construction, or applica tion for registration or certificate to operate. In the event of such a requirement, the Control Office r shall notify the applicant in writing of the required size, number and location of sampling port s; the size and location of the sampling platform, and the utilities for operating the sampl ing 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 Departm ent of Labor and Industries and other applicable State and Local Regulations, rules and o rdinances.

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

SECTION 365 - MONITORING

365.1 Any person operating a registered air contaminant source or a certificate to operate may, at any time, be required to monitor the ambient air, p rocess emissions or conduct emission tests as deemed necessary by the Control Officer under the f ollowing provisions:

365.11 The Board or Control Officer may require any perso n operating any source to conduct a monitoring program on site or adjacent of f site for emissions, ambient air concentrations or any other pertinent special studi es deemed necessary.

365.12 All monitoring data shall be submitted in a form w hich the Board or Control Officer may require. Averaging time and collection periods will be determined by the Control Officer. Failure to record and/or report da ta as specified 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 Control Officer upon request.

365.14 All instruments used to monitor compliance 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 “G uidelines for Industrial Monitoring Equipment and Data Handling”procedures approved by the Control Officer.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 82 365.15 The Control Officer may take such samples and make any tests and investigations deemed necessary to determine the accuracy of the m onitoring 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 sample us ing an approved procedure and submit the results thereof within a reasonable period of t ime.

365.16 The Board or the Control Officer may require addit ional reasonable monitoring be undertaken at any appropriate time to insure compli ance with this Regulation.

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

SECTION 366 - INSTRUMENT CALIBRATION

366.1 Any person operating an ambient air or emission mon itoring instrument may be required to calibrate said instrument as required by the Contro l Officer under the following provisions:

366.11 All monitors must be accurate within the limits an d tolerances described in Table I of this subsection when compared to an Authority maintained and calibrated instrument or standard, which measures the same pollutant.

366.12 All monitoring instruments must be operated, maint ained and calibrated as specified in the "Guidelines for Industrial Monitor ing Equipment and Data Handling" and/or specific operating and maintenance procedure s issued or approved by the Control

Officer.

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

366.14 If a monitoring instrument is not within the accep table 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 date of c alibration may be considered invalid and a Notice of Violation may be issued. If eviden ce shows when and where an

instrument exceeded the limits and tolerances esta blished in Table I, the Control Officer may accept data collected prior to that da te. No data will be accepted as valid

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

subsection.

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

366.16 All user instruments will be operated and calibrat ed on a scale range approved by the Control Officer. No data will be accepted from instruments on scale ranges other than those approved by the Control Officer. Provided: th at, data from instruments that have automatic range change devices may be accepted if t he user can demonstrate that the values obtained are within the tolerances provided in Table I. All tolerances will be based on the scale designated by the Control Officer as t he primary or base scale.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 83 TABLE I

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 AIR STANDARDS - FORWARD

400.1 In the interest of the people within the jurisdict ion of the Authority, it is the objective of the NWAPA to obtain and maintain the cleanest air possi ble, consistent with the highest and best practicable control technology.

400.2 In the areas where existing concentrations of air contaminants are lower than concentrations allowed by the standards enumerated below, degradation of the atmosphere should be minimized. The highest and best practicable con trol technology should be applied to all sources unless it is specifically determined that l esser technology is justified. Ambient air standards are set at levels which, according to lat est 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 PARTICULATE STANDARDS (PM-1 0)TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 84 401.1 The concentration in the ambient air of particulat e matter with an aerodynamic diameter of less than ten (10) microns (PM10) shall not exceed:

401.11 One hundred and fifty (150) micrograms per cubic m eter 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 particulates s hall be conducted 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 p ermit sulfur oxides to be emitted into the ambient air, calculated as sulfur dioxide, measured at an ambient air monitoring station averaged over the specified time periods to exceed:

410.11 2096 micrograms per cubic meter (eight-tenths (0.80 0) ppm by volume) for any five (5) minute average, not to be exceeded more t han once per year.

410.12 1048 micrograms per cubic meter (four-tenths (0.4 00) ppm by volume) average for any one (1) hour not to be exceeded more than once per year.

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

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

410.2 Sampling and analysis to determine compliance with this Regulation shall be as outlined in Section 180 or equivalent as approved by the Contro l 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 monitor ing 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 location where peop le would be exposed to such concentration for eight (8) hours or more.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 85 420.12 40 milligrams per cubic meter (35.0 ppm) one (1) h our average concentration more than once per year.

420.2 Sampling and analysis to determine compliance with this Section shall be as outlined in Section 180 or equivalent as determined by the Cont rol 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 ni trogen dioxide measured at an ambient air monitoring station shall not exceed: 10 0 micrograms per cubic meter (0.050 ppm).

422.2 Sampling and analysis for nitrogen oxides shall b e 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 stati on 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 data are not available, a minimum of one (1) calendar year must be used and;

424.12 All hourly measurements must start on the clock ho ur.
State effective: 9/8/93, EPA effective: 4/24/95

SECTION 450 - EMISSION STANDARDS - FOREWORD

450.1 The Authority recognizes the need for accurate sou rce 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 em ission regulation set forth herein.

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

450.31 Source emission rate data obtained by actual measu rement.

450.32 A mathematical model of the community diffusion si tuation.

450.33 Values for parameters of the model.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 86 450.4 The Authority may develop emission standards for po llutants presently not being emitted in the area of jurisdiction to serve as guides for industries considering locating here. These are to be based on the best control experience elsewhere i n the nation and consistent with latest technological achievements.

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

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 a ny source which, at the point at emission, or within a reasonable distance of the point of emissi on, exceeds 20% opacity except as follows:

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

451.12 When an emission occurs due to soot blowing and/or grate cleaning for not more than 15 minutes in any 8 hours period provided a co ntinuous opacity measuring system and recorder is installed, and operated as required and approved by the Control Officer to record said emissions, or the owner or operator of the source can demonstrate to the satisfaction of the Control Officer, by some other 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 mi nutes in any consecutive 24 hour period.

451.132 Thirty consecutive minutes in any 8 hour period du ring break and lunch periods, provided that the emissions do not exceed 60% opacity for a period of more than 6 consecutive minutes. Provided further, that the operator takes

immediate action to correct the condition.

451.14 Emissions from existing petroleum catalytic cracki ng 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: 12/26/9 5

SECTION 452 - MOTOR VEHICLE VISUAL STANDARDS

452.1 No motor vehicle first sold and registered as a ne w motor vehicle on or after January 1, 1971 shall discharge into the atmosphere, off the p ublic roadways, at elevations of less than three thousand feet, any air contaminant for a period of more than ten seconds which is in excess of 20% opacity.

452.2 No non-highway mobile source manufactured, or regis tered or licensed, if applicable, afterTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 87 January 1, 1971 as a new source shall discharge int o the atmosphere any air contaminant in excess of the requirements of 452.1.

452.3 No motor vehicle first sold and registered prior t o January 1 1971 shall discharge into the atmosphere off the public roadways at elevations of less than three thousand feet any air contaminant for a period of more than ten seconds w hich is in excess of 40% opacity.

452.4 No non-highway mobile source manufactured or regis tered or licensed prior to January 1, 1971 shall discharge into the atmosphere any air co ntaminant in excess of the requirements of

452.3.

452.5 No registered motor vehicle or non-highway mobile source, as applicable in this Section, shall emit smoke in excess of the requirements of 4 52.3 for more than six (6) minutes while stationary or emit offensive odors or create a nuis ance.
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 partic ulate 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 equip ment, emissions shall not exceed 0.05 grain/dscf (0.11 g/m3) corrected to 7% oxygen.

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

Officer.

455.13 From all existing petroleum catalytic cracking uni ts emissions shall not exceed 0.20 grain/dscf (0.46 g/m3) of exhaust gas as corre cted to 7% oxygen.

455.14 Wood waste burners shall meet the provisions of Se ction 458.2.

455.2 Information regarding particulate size distribution 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 required to meet the f ollowing conditions:

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

458.12 All persons shall use Best Available Control Techn ology (BACT) in installing, maintaining, and operating wood waste burners. This requirement shall include aTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 88 controlled tangential vent over-fire air system, an adequate under-fire air system, and the elimination of all unnecessary openings in the burn er.

458.2 It shall be unlawful to cause or permit the emissi on of particulate matter (including smoke) from any wood waste burner, which moves beyond the property owned or controlled by the owner or operator of said burner, in sufficient quantity and of such characteristics and duration as is or i s likely to be injurious or cause damage to human hea lth, plant or animal life or property, or which unreasonably interferes with the enjoyment of prope rty.

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

SECTION 460 - WEIGHT/HEAT RATE STANDARD - EMISSION OF SULFUR

COMPOUNDS

460.1 It shall be unlawful for any person to cause or al low the emission of sulfur compounds, calculated as sulfur dioxide, from any source to ex ceed 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 sources may be ex empt 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 operator notify the Control Offi cer immediately when such exemption is contemplated, or as soon as possi ble 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 necessary to dete rmine conditions of the proposed exemption and any impose additional restri ctions or conditions on the exemption if it is determined that Section 410 and/ or 462 may be violated and/or other applicable ambient air standards exceeded.

460.2 All plant sources shall submit a proposed schedule of compliance with this Section not less than one hundred and eighty (180) days after the ef fective 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 i ndividual source which shall be submitted, reviewed and determined annually at a ti me and using a method determined by

the Control Officer.

460.23 Any new plants or alterations to existing plants shall be required to use BestTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 89 Available Technology which has been adequately demo nstrated to achieve compliance with this regulation.

460.3 All plant sources shall submit a monitoring propos al 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 station equ ipped to record wind speed and direction and located and operated as approved by t he 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 fac ility capable of generating heat, resulting in emissions to the atmosphere. The sulfur content sha ll be expressed in pounds/hour of sulfur dioxide and shall contain an explanation of how thi s quantity was actually determined. The sulfur content of the fuel shall be averaged over a period of time as determined and specified by the Control Officer.

460.33 The sulfur content and quantity of any other indiv idual 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. Provided t hat all sources emitting less than one hundred (100) pounds/day of sulfur compounds, calcu lated as sulfur dioxide may be estimated collectively as a single emission.

460.34 The monitoring proposal complies with provisions o f 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 pla nt sources.

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

calculated as sulfur dioxide.

When the Control Officer reasonably believes that t here exists a substantial likelihood that this total is likely to be exceeded, he or she shall est ablish additional temporary restrictions on any or all sources of sulfur compounds in said area to mai ntain a total emission of less than seven thousand (7,000) pounds/hour. Said restrictions 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 gas burne rs used by any source subject to this Section shall be governed by the provisions set for th in this Section. Provided that emissions from said sources that exceed the limits established by the Regulation of this Authority, shall also beTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 90 subject to Section 340 "Report of Breakdown" when c onditions set forth therein 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 pe rmit the emission of air contaminants from any equipment if the air contaminants emitted as me asured in the stack contain sulfur compounds calculated as sulfur dioxide, of more than one thou sand (1,000) parts per million (2.62 mg/m3), except as otherwise provided by a specific emission restriction adopted by this Authority and/or the DOE. For the purpose of this section, all sulfu r present in gaseous compounds containing 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, shall not constitute a violation of Section 462.1 of this Regulation, provided such person responsible for the emission p rovides reasonable evidence that such emissions will not cause ground level concentration s on adjacent property to exceed the values indicated in Section 410 of this Regulation, and ca n demonstrate to the Control Officer there is no practical method of reducing the concentration to t he above levels or less.

462.3 All concentrations of sulfur dioxide referred to i n this Section are on a volumetric dry basis. For combustion emissions, the exhaust gas vo lume shall be corrected 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 operator 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 poun ds/ton (0.3kg/metric ton) of dry feed to the kiln.

466.112 Contains particulate matter in excess of 0.1 grai ns per dry cubic foot of exhaust gas.

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

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

550. These sections will be deemed to have been vi olated if the suspended particulate ambient sample concentration exceeds 100 micrograms per cubic meter of air at any sampling station located off the plant site and the Control Officer, after investigation of pertinent data, including meteorological data, dete rmines if there is reasonable probability that the particulate emissions from the source resu lted in the 100 microgram/cubic meter concentration being exceeded.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 91 466.2 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 Control Officer m ay reasonably request.

466.22 Install, calibrate, maintain and operate a transmi ssion meter or other opacity detector as approved by the Control officer to cont inuously monitor and record the opacity of the gases to be discharged into the atmosphere f rom any kiln.

466.221 Report all hourly periods in which there are one o r more 3 minute periods during which the opacity of the gas discharge to th e atmosphere from any kiln

exceeds 20%

466.3 Methods and procedures provided for in Sections 18 0, 360, 365 and 366, except as provided for in this subsection, or determined equi valent by the Control Officer, shall be used to determine compliance.

466.31 Gas Analysis.

466.331 The minimum sampling time and minimum sampling vol ume for each sampling run, except when process variables or othe r facts justify otherwise to the satisfaction of the Control Officer, shall be 60 mi nutes and 30.0 dscf (0.85 m3) for

the kiln.

466.332 Total kiln feed rate (except fuels) expressed in t ons per hour on a dry basis, shall be determined during each testing peri od 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 re fuse 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 facility or in equipment found by the Control Officer, in advance of such us e, 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 excess of tha t 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 anyTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 92 twelve(12) month period.

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

520.12 Distillate fuel oil classified as Grade No. 2 (AST M Designation: D396-69) shall contain five-tenths percent (0.5%) or less sulfur b y weight.

520.13 All other grades or kinds of fuel oil intended fo r 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.

520.14 Gaseous fuel shall contain 50 grains (412 ppm @ st andard conditions) or less sulfur per 100 standard cubic feet except that this subsection shall not apply to those sources subject to Section 460.

520.15 Solid fuel (such as, but not limited to, coal, cok e, 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 PARTICULATE MATTER FROM BE COMING

AIRBORNE

550.1 It shall be unlawful for any person to cause or pe rmit material to be handled, transported or stored without using Best Available Control Technol ogy to prevent the release of fugitive particulate matter to the ambient air.

550.2 It shall be unlawful for any person to cause or pe rmit a building or its appurtenances or a road to be constructed, altered, repaired or demoli shed, or conduct sandblasting, without using Best Available Control Technology to prevent the re lease of fugitive particulate matter to the

ambient air.

550.3 It shall be unlawful for any person to cause or p ermit untreated open areas located within a private lot or roadway to be maintained without usi ng Best Available Control Technology to prevent the release fugitive of particulate matter to the ambient air.

550.4 It shall be unlawful for any person to cause or pe rmit the emission of particulate matter which becomes deposited upon the property of others in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal lif e, or property, or which unreasonably interferes 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 sta tionary tank, reservoir or other container of more than 40,000 gallons, any petroleum liquids or a tank greater than 6,000 gallons capacity orTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 93 greater containing other organic liquids or solvent s having a True Vapor Pressure of 1.5 pounds per square inch or greater under actual storage con ditions, unless such tank, reservoir or other container is a pressure tank maintaining working pr essure 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 inst alled, in good working order and in operation:

560.11 A floating roof, consisting of a pontoon type or do uble-deck type roof, resting on the surface of the liquid contents and equipped wit h a closure seal, or seals, to close the space between the roof edge and tank wall. The cont rol equipment provided for in this paragraph shall not be used if the gasoline or petr oleum distillate has a True Vapor Pressure of 11.1 pounds per square inch or greater under act ual storage conditions. All tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

560.12 A vapor recovery system, consisting of a vapor ga thering system capable of collecting the hydrocarbon vapors and gases dischar ged and a vapor disposal system capable of processing such hydrocarbon vapors and g ases so as to prevent their emission to the atmosphere and with all tank gauging devices ga s-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 ORGANIC COMPOUND CONTROL

580.1 The Board of Directors has noted the measurement o f ozone concentrations (one hour ave.) nearing the Federal ambient standard at the norther n and southern boundaries of the NWAPA jurisdiction. The expanding population and the pres ence of four large refineries contribute volatile organic compound (VOC) emissions to the atmosphere. Photochemically reactive VOCs are precursors to ozone formation. In order to maintain the current attainment status for ozone, the Board has adopted specific measures to control VOC emissions. Reasonable Available Control Technology (RACT) is required for existing refinery operations, gasoline marketing, and in the use of cutback asphalt. RACT is defined as the lowe st emission limit that a particular source is capable of meeting by the application of control th at is reasonably available considering technological and economic feasibility. Best Availa ble 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 transfer facility t hat receives more than ninety percent of its annual gasoline through put by transport tank, and reloads gasoline into transport tanks. See also "gasoline station" and "g asoline loading terminal."

CERTIFIED VAPOR RECOVERY SYSTEM - means a stage II vapor recovery system whichTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 94 has been certified by the California Air Resources Board.

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

CUTBACK ASPHALT - means an asphalt that has been blended 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 perce nt.

GASOLINE - Means a petroleum distillate having a true vapor pressure greater than 28.0 kilopascals (kPa) (4 pounds per square inch absolut e -p.s.i.a.) - at 20 degrees Celsius (20 C) temperature, that is a liquid at standard condition s 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 gasoline into fuel tanks of motor vehicles, from stationary storage 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 gasoline throughput solely or in combination by pipeline, ship or barge, and loads gasoline into transport tanks. See also "bulk gasoline 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, lubricant s, asphalt, or other products by distilling crude o ils or redistilling, cracking, extracting or reforming unf inished petroleum derivatives.

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

PROPER ATTACHMENT FITTINGS - means connecting hardware for the attachment of fuel transfer or vapor lines which meets or exceeds indu strial standards or specifications and the standards of other agencies or institutions respons ible for health and safety.

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

STAGE II - means gasoline vapor recovery during motor vehic le refueling operations from stationary tanks.

SUBMERGED FILL LINE - means a pipe, tube, fitting or other hardware for loading liquid into a tank either a discharge opening flush with the ta nk bottom; or with a discharge opening entirelyTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 95 below the lowest normal operating drawoff level or that level determined by a liquid depth two and

one half times the fill line diameter when measured in the main portion of the tank, but not in sumps or similar protrusions.

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

SUITABLE CLOSURE or SUITABLE COVER - means a door, hatch, cover, lid, pipe cap, pipe blind, valve or similar device that prevents t he accidental spilling or emitting of VOC. Pressure relief valves, aspirator vents or other de vices specifically required for safety and fire protection are not included.

TRANSPORT TANK - means a container with a capacity greater than on e thousand liters (260 gallons) used for transporting gasoline, including but not limited to, tank truck, tank trailer, railroad car, and metallic or nonmetallic tank or c ell conveyed on a flatbed truck, trailer or railroa d

car.

THROUGHPUT - means the amount of material passing through a fa cility.

TRUE VAPOR PRESSURE - means the equilibrium partial pressure of an org anic liquid (determined with methods described in American Petr oleum 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 mai ntenance and repair of equipment, or other planned purpose.

UPGRADED - means the replacement or modification gasoline s torage 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 creat e a closed system between the vapor spaces of an unloading tan k and receiving tank such that the vapors displaced from the receiving tank are transferred t o the tank being unloaded.

VAPOR BALANCING - means use of a vapor balance system.

VAPOR RECOVERY SYSTEM - means a process which prevents emission to the at mosphere of volatile organic compounds released by the opera tion of any transfer, storage, or process equipment.

VOLATILE ORGANIC COMPOUND or VOC - means an hydrocarbon or derivative of hydrocarbon that has a vapor pressure greater than 0.01 Kpa (0.002 psia) at a temperature of 20 C and pressure of 102.9 Kpa (14.7 psi). Excluded com pounds are methane, ethane, methylene chloride, 1,1,1-trichloroethane (methyl chloroform) , trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), chlorodifluoromet hane (CFC-22), trifluoromethane (FC-23), trichlorotrifluoroethane (CFC-113), dichlorotetrafl uoroethane (CFC-114), andTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 96 chloropentafluoroethane (CFC-115).

WAXY, HEAVY POUR CRUDE OIL - means a crude oil with a pour point of 10 C or h igher (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 refineri es 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 cause or al low the disposal of VOC from the vacuum producing systems covered under this subsect ion except as follows:

580.221 Noncondensable VOC shall be piped to an appropria te 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 sys tem.
580.23 It shall be unlawful for any person to cause or al low the operation of a wastewater separator with annual VOC emissions estimated by th e 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 enclosing th e compartmented liquid contents, or a floating pontoon or a double deck-type cover equipp ed with closure seals between the cover edge and compartment wall. Collected vapors s hall not be discharged to the atmosphere.

580.232 Accesses for gauging and sampling shall be design ed to minimize VOC emissions during actual use. All access points shal l be closed with suitable covers when not

in use.

580.24 It shall be unlawful for any person to cause or al low a process unit turnaround which does not comply with the following conditions:

580.241 The VOC contained in a process unit to be depressu rized for turnaround shall be introduced to a closed refinery system, combusted b y a flare, or vented to a disposal system

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

air.

580.243 The owner or operator shall keep a record of each process unit turnaround not in compliance with 580.242.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 97 580.244 The owner or operator shall keep a record of each process unit turnaround listing the date the unit was shut down, the estimated vess el VOC concentration when the VOC was first emitted, and the estimated total quantity of VOC emitted.

580.25 Equipment for the reduction, collection or dispos al of VOC shall be maintained and operated in a manner commensurate with accepted ind ustrial practices.

SECTION 580.3 - HIGH VAPOR PRESSURE VOLATILE ORGANI C COMPOUND

STORAGE TANKS

580.31 This section shall apply to all tanks except as no ted in Section 580.35 of this section which store volatile organic compounds with a true vapor pressure as stored greater than 10.5 kilopascals (kPa) 1.5 pounds per square inch (psia), but less t han 77.7 kPa (11.1 psia) at actual monthly average storage temperatures and have a capacity gr eater than one hundred fifty thousand liters (40,000 gallons).

580.32 It shall be unlawful for any person to cause or a llow storage of volatile organic compounds as specified in Section 580.31 unless eac h storage tank or container:

580.321 Meets the equipment specifications and maintenance requirements of the Federal Standards of Performance for New Stationary Sources -Storage Vessels for Petroleum Liquids (40 CFR 60, subpart Kb); or

580.322 Is retrofitted with a floating roof or internal f loating cover using a metallic seal or a nonmetallic resilient seal at least meeting th e 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 internal floati ng cover meeting the manufacturer's equipment specifications in effect when it was inst alled.

580.33 All seals used with equipment subject to this sec tion are to be maintained in good operating condition and the seal fabric shall conta in no visible holes, tears or other openings.

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

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

580.36 All tanks storing volatile organic compounds with a true vapor pressure greater than 77.7 Kpa (11.1 psia) shall be equipped with a vapor reco very system

SECTION 580.4 - GASOLINE LOADING TERMINALS

580.41 Section 580.42 shall apply to all gasoline loadin g terminals with an annual gasoline throughput greater than twenty-seven million three hundred thousand liters (7,200,000 gallons).TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 98 580.42 It shall be unlawful for any person to cause or a llow the loading of gasoline into any transport tank unless all the following conditions are met:

580.421 The loading terminal shall employ submerged loadi ng or bottom loading and be equipped with a vapor control system.

580.422 All loading lines and vapor lines shall be equippe d with vapor-tight fittings which close automatically upon disconnect. The poin t 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 volati le organic compounds are vented to the

vapor recovery system.

580.424 The vapor control system shall prevent the emissi on 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 liter o f gasoline transferred. Compliance shall be demonstrated biannially by conducting emis sion testing according to EPA Method 25 or another method approved by the Control Office r. Thirty days advance notification is required.

580.425 The vapor control system shall be equipped with an appropriate alarm system to alert personnel when the system is not in complianc e 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 vapor leaks, and prevent excess gasoline drainage during disconnect in accordance with the requirements of 5 80.10.

SECTION 580.5 - BULK GASOLINE PLANTS

580.51 Section 580.5 shall apply to all gasoline bulk pla nts.

580.511 It shall be unlawful for any person to cause or al low the storage of gasoline in tanks with a capacity of two thousand one hundred l iters (550 gallons) or greater unless such storage is in tanks meeting the following cond itions:

580.5111 Each storage tank shall be equipped with a submer ged fill line.

580.512 It shall be unlawful for any person to cause or al low transfer of gasoline between a storage tank and a transport tank except under th e following condition:

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

580.52 Section 580.52 shall apply to all bulk gasoline pl ants with an annual gasoline throughputTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 99 greater than seven million six hundred thousand lit ers (2,000,000 gallons).

580.521 It shall be unlawful for any person to cause or al low the storage of gasoline in tanks with a capacity of two thousand one hundred l iters (550 gallons) or greater unless such storage is in tanks meeting the following cond itions:

580.5211 Each storage tank shall be equipped for vapor bal ancing of gasoline vapors with transport tanks during gasoline transfe r operations.

580.5212 The vapor line fittings on the storage tank side o f break points with the transport tank vapor connection pipe or hose shall be equipped to close automatically upon planned or unintentional disconn ect.

580.5213 The pressure relief valves on storage tanks shall be set at the highest possible pressure consistent with local and state c odes 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 transport tank at a bulk gasoline plant unless said transfer is in compliance with th e following conditions:

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

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

580.5223 The pressure relief valves on transport tanks shall be set at the highest possible pressure consistent with local and state c odes for fire and safety.

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

or unintentional disconnect.

580.5231 The transport tank is used exclusively for the de livery of gasoline into storage tanks of a facility exempt from the vapor b alance 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 compartmented design an d construction requiring the installation of four or more separate vapor balance fittings.

580.524 The pressure relief valves on storage tanks shall be set at the highest possible pressure consistent with local and state codes for fire and safety.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 100 580.5241 The loading of all transport tanks, exempted unde r 580.523 of this section, shall be performed such that at least nine ty percent by weight of the gasoline vapors displaced during filling are preven ted 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 al low continued transfer of gasoline at any transfer point following occurrence of failure or leakage in any part of the vapor balance system, provided that occurrence of f ailure 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 p ermit the operation of a bulk gasoline plant or a transport tank without taking r easonable 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 evapor ation to the ambient air.

580.53 Except as provided in 580.54 of this section, it s hall be unlawful for any person to cause or allow the transfer of gasoline into or out of an y transport tank at a bulk gasoline plant unless sa id transfer is in compliance with the following condit ions:

580.531 The transport tank shall be equipped with the pro per attachment fittings to make vapor-tight connections for vapor balancing with st orage tanks; and

580.532 The vapor line fittings on the transport tank sid e of break points with the storage tank connection pipe or hose shall be equipped to c lose automatically upon planned or unintentional disconnect; and

580.533 The pressure relief valves on transport tanks 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 lines , provided the following conditions are met:

580.541 The transport tank is used exclusively for the de livery of gasoline into storage tanks of a facility exempt from the vapor balance r equirements 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 and const ruction requiring the installation of four or more separate vapor balance fittings.

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

580.551 The loading of all transport tanks, except those e xempted under 580.54 of this section, shall be performed such that ninety percen t by weight of the gasoline vaporsTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 101 displaced during filling are prevented from being r eleased into the ambient air; providing that emissions from pressure relief valves shall no t be included in the controlled emissions. This emission limitation will be met by vapor balan cing in compliance with all provisions

of this section.

580.56 It shall be unlawful for any person to cause or al low continued transfer of gasoline at any transfer point following occurrence of failure or l eakage in any part of the vapor balance system, provided that occurrence of failure or leakage duri ng loading or unloading of a transport tank shall not prevent the complete loading or unloading of th e tank.

580.57 It shall be unlawful for any person to cause or pe rmit the operation of a bulk gasoline plant or a transport tank without taking reasonable 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 evaporation 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 January 1, 1 990 with a total annual gasoline output greater than one million three hundred sixty -four thousand liters (360,000 gallons) and total gasoline storage capacity greater than th irty-eight thousand liters (10,000 gallons)

and

580.612 All gasoline stations installed or reconstructed a fter January 1, 1990.

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

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

580.622 Such transport tank is equipped to balance vapors and is maintained in a vapor-tight condition in accordance with Section 58 0.10 and

580.623 All vapor return line are connected between the tr ansport tank and the stationary storage tank and the vapor recovery system is opera ting.

580.63 Notwithstanding the requirements of 580.61 of this regulation, the following stationary gasoline storage tanks are exempt from the requirem ents 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.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 102 580.633 All tanks with a capacity less than one thousand l iters (260 gallons).

580.64 It shall be unlawful for any person to cause or a llow 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 cer tified Stage II vapor recovery

systems.

580.642 The owner or operator of the gasoline station shal l not allow the transfer of gasoline from stationary tanks into motor vehicle f uel tanks unless a certified State II vapor recovery system is used.

580.643 All Stage II vapor recovery equipment shall be main tained 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 determ ined to be defective, the owner or operator shall take the system out of serv ice until it has been repaired, replaced, or adjusted, as necessary.

580.645 The owner or operator of each gasoline station ut ilizing Stage II vapor controls shall post operating instructions for the system as referenced in WAC 173-491-40 (5),(f).

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

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

580.652 All gasoline stations built after August 2, 1991 wi th a nominal gasoline storage capacity of thirty-seven thousand nine hundred lite rs (10,000 gallons) or less.

SECTION 580.7 - CUTBACK ASPHALT PAVING

580.71 After June 1, 1990, it shall be unlawful for any person to cause or allow the use of cutback asphalt in paving during the months of June, July, August and September, except as provided for in

580.72 of this section.

580.72 The following paving uses and applications of cut back asphalts are permitted during all months of the year;TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 103 580.721 As a penetrating prime coat on aggregate bases pr ior 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 applic ation is below 10 C (50 F).

SECTION 580.8 - PETROLEUM REFINERY EQUIPMENT LEAKS

580.81 This section shall apply to all components handlin g volatile organic compounds at petroleum refinery process units which utilize buta ne or lighter hydrocarbons as a primary feedstock. The process units shall include alkylati on, polymerization, and light ends units.

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

580.821 Develops and conducts a monitoring program consis tent with the provisions of

580.84 of this Section.

580.822 Records all leaking components which have a VOC c oncentration greater than 10,000 ppm and places a weatherproof tag bearing an identification number and the date the leak was located on each leaking component;

580.823 Corrects and retests the leaking component, as soo n as practicable, but not later than fifteen days after the leak is recorded. If a leak continues after all reasonable corrective actions have been taken, then the compon ent shall be repaired or replaced on the next scheduled turnaround;

580.824 Identified all leaking components that cannot be c orrected until the refinery unit

is shut down for turnaround.

580.83 It shall be unlawful to install or operate a samp le point at the end of a pipe or line containing VOC unless the pipe or line is sealed wi th a second suitable closure. Exceptions to this requirement are the ends of a pipe or line connecte d 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 shal l conduct a monitoring program according to EPA reference method 21 and consistent with the following provisions:

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

580.842 Monitor all compressor seals, pipeline valves in gaseous service and pressureTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 104 relief valves in gaseous service quarterly;

580.843 The source may petition the Control Officer to re lax the frequency of monitoring from quarterly to annually. The source must show t hree consecutive quarterly results showing a leak rate of less than two percent for in dividual process units. If annual monitoring results indicate a leak rate greater tha n two percent, the source will be required to comply with 580.842

580.844 Visually monitor all pump seals weekly;

580.845 Monitor any dripping pump seal immediately;

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

580.847 Monitor immediately after repair any component th at was found leaking.

580.85 Pressure relief devices that are connected to an o perating flare header, vapor recovery device, inaccessible valves, storage tank valves an d valves that are not externally regulated are exempt from the monitoring requirements of this Sec tion.

580.86 The owner or operator of a petroleum refinery shal l maintain a leaking component monitoring log that shall contain, a t a minimum, t he following:

580.861 The name of the process unit where the component i s 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 discover ed;

580.865 The date on which a leaking component is repaired ;

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

580.867 A record of the calibration of the monitoring inst rument;

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

580.869 The total number of components checked and the to tal number of components found leaking. Copies of the monitoring log shall be retained for a minimum of two years

after the date on which the record was made or the report prepared.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 105 SECTION 580.9 - HIGH VAPOR PRESSURE VOLATILE ORGANI C COMPOUND

STORAGE IN EXTERNAL FLOATING ROOF TANKS

580.91 This section shall apply to all VOC storage vesse ls equipped with external floating roofs, having capacities greater than 150,000 liters (40,0 00 gallons). Compliance with this section shall be achieved by December 31, 1999.

580.92 This section does not apply to storage vessels tha t:

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

580.922 Have capacities less than 1,600,000 liters (420,00 0 gallons) and are used to store produced crude oil and condensate prior to lease cu stody transfer;

580.923 Contain a volatile organic compound with a true v apor pressure of less than 10.5 kPa (1.5 psia);

580.924 Contain a volatile organic compound with a true v apor pressure less than 27.6 kPa (4.0 psia), are of welded construction, and pre sently 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 construction, equipped with a metall ic-type shoe primary seal and have a shoe-mounted secondary seal.

580.93 It shall be unlawful for any person to store a vol atile organic compound in a vessel subject

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

580.94 All seals or closure devices required by 580.93 sh all meet the following requirements:

580.941 There must be no visible holes, tears, or other op enings in the seal or seal fabric;

580.942 The seal shall be intact and uniformly in place ar ound the circumference of the floating roof between the roof and the tank wall; a nd

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 a nd the tank wall shall not exceed 21.2 cm2 per meter of tank diameter (1.0 in 2 per foot o f tank diameter).

580.95 All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves shall be:

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

580.952 Equipped with projections into the tank which rema in below the liquid surface atTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 106 all times.

580.96 Automatic bleeder vents shall be closed at all ti mes 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 bei ng floated off the leg supports or at the manufacturer's recommended setting;

580.98 Emergency roof drains shall be provided with slott ed membrane fabric covers or equivalent which cover at least ninety percent of t he area of the opening.

580.99 Routine inspections shall be performed as follows:

580.991 Conduct a semi-annual visual inspection of the sec ondary seal gap;

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

580.993 Maintain records of the types of petroleum liquids stored, the maximum true vapor pressure of the liquid as stored, and the res ults of any inspections performed for period of two years after the date on which the rec ord was made.

580.994 A person proposing to measure the seal fit of a sto rage vessel in order to comply with this section shall notify the 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 the

measurement.

580.100 It shall be unlawful for any person to store a vol atile organic compound in a vessel with an external floating roof exempted from this section by 580.924, but containing a volatile organic compound with a true vapor press ure greater than 10.5 kPa (1.5 psia) unless records of the average monthly storage tempe rature, the type of liquid and the maximum true vapor pressure of such liquids are mai ntained.

SECTION 580.10 - LEAKS FROM GASOLINE TRANSPORT TANK S AND VAPOR

CONTROL SYSTEMS

580.101 This Section shall apply to all gasoline transpor t tanks and all facilities subject to 580.4, 580.5, and 580.6 of the Northwest Air Pollution Aut hority Regulation beginning January 1, 1991.

580.102 It shall be unlawful for any person to cause or a llow the transfer of gasoline between a facility subject to the requirements of this Sectio n and a gasoline transport tank unless a current leak test certification for the transport tank is o n file with the facility or a valid inspection stic ker is displayed on the vehicle.

580.103 It shall be unlawful for any person to cause or al low the use of any transport tank for theTABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 107 transfer or gasoline at a facility subject to the r equirements of this Section, unless the tank:

580.1031 Is leak tested annually in accordance with 580.10 5; 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 manner that the concentration of gasoline vapors is below the lower explosive limit (expresse d as propane) at all points a distance of 2.5 cm(1 inch) or greater from any potential leak s ource. Any transport tank which fails to meet the requirements of this subparagraph shall be repaired and retested in accordance with the provisions of 580.105 within 10 working da ys. The Control Officer shall be notified in writing within 5 days after the complet ion of the required leak test.

580.104 It shall be unlawful for any person to cause or al low 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 unloading of gasoline such t hat:

580.1041 The concentrations of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distance 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 drops per minute and there is no more than 10 ml of liquid drainage per disconnect.

580.105 In accordance with 580.114, the annual leak test r equired by 580.103 shall be performed according to the procedures specified in EPA Refere nce Method 27. During the test each transport tank shall sustain a pressure change of n o more than 0.75 Kpa (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 inches of water) durin g the test.

SECTION 580.11 - SCOPE, REGISTRATION, REPORTING AND NOTICE OF

CONSTRUCTION

580.111 The owner or operator of a stationary emission sou rce 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 registered stationary e mission source of VOC shall furnish, upon request of the Control Officer, such data as t he Agency may require to calculate the emission of the source and evaluate the emission control pro gram; 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 instruction s received from the Control Officer.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 108 580.113 Owners or operators of stationary emission sources of VOC, as defined in Section 580, shall demonstrate compliance with these regulations , using procedures approved by the Control Officer. These procedures shall comply with establi shed EPA/DOE Reference Testing Methods. Where source sampling is required, procedures shall be used as specified in Section 180 of the NWAPA Regulation.

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

Section 580 shall:

580.1141 Install, operate, and maintain, process and/or co ntrol equipment, monitoring instruments or procedures as necessary to comply wi th paragraph 580.113 of this section; provided that use of Monitoring instruments or proc edures is required only as specified in

EPA/DOE Documents cited in subsection 580.113.

580.1142 Maintain, in writing, records and/or reports relat ing to monitoring instruments or procedures which will, upon review, document the compliance status of the VOC emission source or control equipment to the satisfa ction of the Control Officer. Reports shall be forwarded to the Control Officer as requir ed by procedures cited in 580.113. For sources subject to580.6 and 580.7, no records or re ports are required.

580.1143 The provisions of the NWAPA Regulation regarding N otices of Construction shall apply to new or altered VOC emission source, and no person shall construct, install,

or establish a new or altered VOC emission source e xcept in compliance therewith.

SECTION 580.12 - SCHEDULE OF COMPLIANCE DATES

580.121 Section 580 shall become effective throughout the Authority’s jurisdictional area upon adoption of this section. All VOC sources shall be in compliance within a reasonable time but no later that the following schedule 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 after August 2 , 1991 shall comply upon completion

of construction.

Stations with an annual gasoline throughput greater than 1.2 million gallons shall comply by no later than May 1, 1994.TABLE 5 – ADDITIONAL REGULATIONS APPROVED FOR THE N ORTHWEST CLEAN AIR AGENCY (NWCAA) JURISDICTION – page 109 Stations with an annual gasoline throughput greate r than 840,000 gallons, not previously required to comply shall comply by no later than De cember 31, 1998.

State effective: 11/13/94; EPA effective: 12/26/9 5