TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 1 TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST

CLEAN AIR AGENCY (SW CAA) JURISDICTION

(Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy Facilities Site Evaluation Counci l (EFSEC) jurisdiction and facilities subject to the applicability sections of WAC 173-405-012, WAC 173-410-012, and WAC 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 b e more stringent than the current regulations. Unles s 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 2 State effective: 3/22/91; EPA effective: 6/2/95

173-400-030 Definitions.

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 rep resentative of normal source operation. Ecology or an authority shall allow the use of a di fferent time period upon a determination that it is more representative of normal source ope ration. Actual emissions shall be calculated using the emissions unit's actual operat ing hours, production rates, and types of materials processed, stored, or combusted during th e 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 made 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 visitor use of the Federal Class I area, and (b) the frequency and timing of natural conditions that reduce 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 characteristi cs and duration as is, or is likely to be, injuriou s to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property. For the purposes of this chapte r, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW, the W ashington Pesticide Application Act, which regulates the application and control of the use of various pesticides.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 3 (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 operating rat e, or hours of operation, or both) and the most stringent of the following:

(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 modif ied stationary source, which the permitting authority, on a case-by-case basis, taking into acc ount energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes and available methods, systems , and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion t echniques for control of each such pollutant. In no event shall application of the "best available c ontrol technology" result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 61, as they exist on May 7, 1993, or th eir later enactments as adopted by reference by the director by rule. Emissions from any source utiliz ing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increas e above levels that would have been required

under the definition of BACT in the Federal Clean A ir Act as it existed prior to enactment of the

Clean Air Act Amendments of 1990.

(10) "Best available retrofit technology (BART)" m eans an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking int o consideration the technology available, the costs of compliance, the energy and nonair quality enviro nmental impacts of compliance, any pollution control equipment in use or in existence at the sou rce, the remaining useful life of the source, and t heTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 4 degree of improvement in visibility which may reaso nably be anticipated to result from the use of such technology.

(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.

(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 capacity 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 the owner o r operator, to undertake a program of actual construction of the source to be completed w ithin 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, n ot reducing the total amount of pollutant discharge d.

(17) "Director" means director of the Washington s tate department of ecology or duly authorizedTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 5 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.

(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 AirTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 6 Act Amendments of 1990, P.L. 101-549, November 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 sites, and ti lled land are examples of areas that originate fugitive dust. Fugitive dust is a type of fugitive emission.

(31) "Fugitive emissions" means emissions which do not pass and which could not reasonably pass through a stack, chimney, vent, or other functional ly 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, unl ess the owner or operator of the proposed

new or modified source demonstrates that such limit ations 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 7 (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;

(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 sign ificant 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 shall 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 Supply C oordination 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 December 12, 1976, in a prevention of significant deterioration permit or notice of const ruction approval; or

(ii) The stationary source is approved to use unde r any federally-enforceable notice of construction approval or a PSD permit issued by the environmental protectionTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 8 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 which 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 carbon monoxide levels and which emits or has the potential to emit fifty tons per year or more of ca rbon monoxide; or

(ii) Is located in a "serious" particulate matter (PM 10 ) nonattainment area and which emits or has the potential to emit seventy tons 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 source , 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);TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 9 (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;

(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;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 10 (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 Federal 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 bel ong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or person s under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same majo r 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.

(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 mod ification in Section 7411, Title 42, United States Code, and with rules implementing that section.

(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 coloration.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 11 (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 between the date ten years before construction on the particular change commences and the date that the i ncrease 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 ERC. Any emissions increases occurring

between the date of issuance of the ERC and the dat e when a particular change becomes operational shall be counted against the ER C.

(ii) Ecology or the authority has not relied on it in issuing any permit or order of 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 pe rmit 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 andTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 12 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 hund red 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 resu lts 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.

(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 source

.

(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 consid ered 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

,TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 13 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.

(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 pollu tion control equipment and restrictions on hours of operation or on the type or amount of material comb usted, stored, or processed, shall be treated as part of its design only if the limitation or the ef fect it would have on emissions is federally enforceable. Secondary emissions do not count in d etermining the potential to emit of a stationary

source.

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

173-400-141.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 14 (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 cent er 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 additional c ontrols. RACT requirements for any source or source category shall be adopted only after notice 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 0.6

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) 0.0000035TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 15 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 ba sis, taking into account the geographic extent, intensity, duration, frequency, and time of the vis ibility impairment, and how these factors correlate

with the time of visitor use of the Class I area an d 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 prope rties, 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 products. Activities 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.

(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 include e missions resulting directly from an internal combustion engine for transportation purposes or fr om a nonroad engine or nonroad vehicle as

defined in Section 216 of the FCAA.

(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,TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 16 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 reac tivity: Methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane ( methyl chloroform); 1,1,1-trichloro 2,2,2-trifluoroethane (CFC-113); trichlorofluoromet hane (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 fal l 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 be measured by the appropriate methods in 40 CFR Part 60 Append ix A. Where such a method also measures compounds with negligible photochemical re activity, these negligibly-reactive compounds may be excluded as VOC if the amount of s uch compounds is accuratelyTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 17 quantified, and such exclusion is approved by ecolo gy 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 compou nds 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 chapter is a pplicable to a specific emissions unit, such standard will take precedent over a general emissio n standard listed in this chapter. When two or

more emissions units are connected to a common stac k and the operator elects not to provide the means or facilities to sample emissions from the in dividual 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 from any emi ssions unit which at the emission point, or within a reasonable distance of the emission point, exceed s 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 opacity to exceed twenty percent.

(c) When two or more sources are connected to a co mmon stack, ecology or the authority may allow or require the use of an alternate time p eriod if it is more representative of normalTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 18 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 contr ol of the owner(s) or operator(s) of the source in sufficient quantity to interfere unreasonably 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 shall include any necessary changes in technology, process, or other control strategies to control emissions of the cont aminants 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 property owner's use and enjoyment of his property must use recognized good practice and procedures to redu ce 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 detrim ental 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 reques t and a monthly summary will be submitted toTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 19 ecology or the authority.

(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 control 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 e missions 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 the production of steam. No person shall allow or permit the emission of particulate matter in excess of 0.46 gr am per dry cubic meter at standard conditions (0.2 grain/dscf), as measured by EPA method 5 or approve d procedures contained in "Source Test Manual - Procedures For Compliance Testing," 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 metho ds 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 received fr om ecology or the authority.

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

State effective: 3/22/91; EPA effective: 6/2/95TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 20 173-400-060 Emission Standards for General Process Units.

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 meter at stan dard conditions (0.1 grain/dscf) of exhaust gas. EPA test methods from 40 CFR Appendix A which are a dopted by reference and any other approved test procedures which are contained in ecology's "Source Test Manual - Procedures For Compliance Testing" as of July 12, 1990, will be used to determine com pliance.

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 provisio ns 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 underfire sys tem, elimination of all unnecessary openings, a controlled feed and other modifications 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 req uirements 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 21 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.

(iii) A requirement to reduce or eliminate emissio ns if ecology establishes that such emissions unreasonably interfere with the use and e njoyment of the property of

others or are a cause of violation of ambient air s tandards.

(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 theTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 22 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.

(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 appropr iate emission limitations, operating parameters, or other criteria to regulate the performance of the s ource during startup or shutdown conditions. In modeling the emissions of a source for purposes of demonstrating attainment or maintenance of national ambient air quality standards, ecology and the authorities shall take into account any

incremental increase in allowable emissions under s tartup or shutdown conditions authorized by an emission limitation or other operating parameter ad opted under this rule. Any emission limitation or other parameter adopted under this rule which in creases allowable emissions during startup or shutdown conditions over levels authorized in an ap proved state implementation plan shall not take effect until approved by EPA as a SIP amendment.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 23 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's otherwise allowable annual emissions of a particula r contaminant under all applicable requirements of the chapter 70.94 RCW and the FCAA, including an y standard or other requirement provided for in the Washington state implementation plan. The t erm "condition" refers to limits on production or other limitations, in addition to emission limit ations.

(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 terms, test methods, units, averaging periods, and other statistical conventions consistent with the require ments 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 register the source with ecology or the authority.

(a) Agricultural drying and dehydrating operations ;

(b) Asphalt plants;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 24 (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;

(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;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 25 (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.

(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 permit progr am.

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 su lfur compounds (TRS), fluorides, lead, VOCs, and other c ontaminants, and shall be submitted (whenTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 26 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 information n ecessary to substantiate any reported emissions, consistent with the averaging times for the applica ble 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, excepting nonm ultiple 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 of 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 personnel o r others to perform a test of an emissions unit. Ecology shall be allowed to obtain a sample from an y emissions unit. The operator of the source shall be given an opportunity to observe the sampli ng 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 27 (iii) Percent oxygen or carbon dioxide where such measurements are necessary for

the conversion of sulfur dioxide continuous emissio n 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 calend ar year 1974, or as otherwise demonstrated to ecology or the authority by the own er(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 those facil ities where conversion to sulfuric acid is utilized primarily as a means of preventing emissio ns 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.

(ii) Continuous monitoring equipment. The require ments of (e) of this subsection do not apply to wood residue fuel-fired steam gener ators, 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 and ob serve 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 adopted by r eference.

(f) Special considerations. If for reason of phys ical plant limitations or extreme economic situations, ecology determines that continuous moni toring is not a reasonable requirement, alternative monitoring and reporting procedures wil l be established on an individual basis. These will generally take the form of stack tests c onducted at a frequency sufficient to

establish the emission levels over time and to moni tor deviations in these levels.

(g) Exemptions. This subsection (5) does not appl y to any source which is:TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 28 (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 ma terial or fuel which will result in a cumulative increase in emissions of sulfur dioxide of forty to ns per year or more over that stated in the initial inventory required by subsection (1) of this sectio n shall require the submittal of sufficient information to ecology or the authority to determin e the effect of the increase upon ambient concentrations of sulfur dioxide. Ecology or the a uthority may issue regulatory orders requiring

controls to reduce the effect of such increases. C umulative changes in raw material or fuel of less than 0.5 percent increase in average annual sulfur content over the initial inventory shall not requir e such notice.

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

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 condition to obtainin g 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 known ca uses, the corrective actions taken, and the preventive measures to be taken to minimize or elim inate the chance of recurrence.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 29 (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 occurs, that such bypass is necessary to prevent loss of life, personal injury, or severe property damage.

(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 and a dequately 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 minimize emi ssions, when the operator knew or should have known that an emission standard or perm it condition was being exceeded.

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 listed in WA C 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 or m odification and an order of approval issued by ecology or an authority prior to the esta blishment of any new source or emissionTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 30 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 all 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 engineer or staff under the direct supervision of a professional engineer in the employ of ecology or t he authority.

(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 appe aled to the pollution control hearings board as provided in chapter 43.21B RCW. Ecology or the aut hority shall promptly mail copies of each order approving or denying a notice of construction application to the applicant and to any other party who submitted timely comments on the applicat ion, along with a notice advising parties of their rights of appeal to the Pollution Control Hea rings Board and, where applicable, to the EPA Environmental Appeals Board.

(5) Portable Sources: For portable sources which located temporarily at particular sites, theTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 31 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 for a new s ource, and will not a cause a violation of applicable ambient air quality standards and , if i n a nonattainment area, will not interfere with scheduled attainment of ambient standards. The per mission to operate shall be for a limited period of time (one year or less) and ecology or the autho rity may set specific conditions for operation during that period. A temporary source shall be re quired 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 eighteen-mo nth period upon a satisfactory showing that an extension is justified. This provision does not ap ply to the time period between construction of the approved phases of a phased construction project; e ach phase must commence construction within eighteen months of the projected and approved comme ncement 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 c ompliance with this chapter, if they determine that the proposed project satisfies each of the fol lowing 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 re gulated by an authority, the 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 pro gress established by the state implementation plan and will comply with WAC 173-400-113(3) for all con taminants for which the area has not beenTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 32 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, production processes, and environmental control techniques, that the benefits of the project significantly outw eigh the environmental and social costs imposed as a result of its location, construction, or modifica tion.

(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 pro posed new or modified source will be less than total actual emissions from existing sources (prior to submittal of the application) so as to represen t (when considered together with the nonattainment pr ovisions of section 172 of the FCAA) reasonable further progress. All offsetting emissi on 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 sourc e or emissions unit(s) providing the reduction. Emission reductions imposed by local, s tate, 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. Det erminations 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 that source must be federally enforceable by the time the new o r modified source commences operation. The new source may not commence operation before th e date such reductions are actually

achieved. An emission reduction credit issued unde r WAC 173-400-131 may be used to satisfy some or all of the offset requirements of t his 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 orTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 33 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 protection area" m eans 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 agency (either ecolog y 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 any air contaminant the new source would emit and that is in attainment or unclassifiable for ozone if the pr oposed 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 compliance w ith this chapter, if they determine that the proposed project satisfies all of the following req uirements:

(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 re gulated by an authority, the 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 34 (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 ai r quality standard. This requirement will be conside red 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 descri bed 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 proposed modification is a major modification, ecology or the authority has complied with the visibility prot ection 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. References in 40 C FR 52.27 to "the Administrator" shall mean the agency (either ecology or the authority) processing the notice of construction application.

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

173-400-151 Retrofit Requirements for Visibility Pr otection.

(1) Determination of best available retrofit techn ology (BART). Ecology shall identify andTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 35 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 source

.

(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 Class I area i s reasonably attributable shall apply BART as new technology becomes available for a contaminant 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 for an exc eption 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 36 State effective: 3/22/91; EPA effective: 6/2/95

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 pollut ant 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 m odel 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 disc retion 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 applicable p reliminary determinations, if any, have been made. The cost of providing public notice shall be borne by the applicant or other initiator of theTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 37 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 the effect(s) on air quality.

(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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 38 (6) Public information. Copies of notices of cons truction, orders, and modifications thereof which are issued hereunder shall be available for public inspection on request at ecology or the authority.

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

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 modifications 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 operation be fore 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 limitations.

(a) Excess stack height. Excess stack height is t hat portion of a stack which exceeds the greater of:TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 39 (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,

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 p arameters, or combining exhaust gases from several existing stacks into one stack; or oth er selective handling of exhaust gas streams so as to increase the exhaust gas 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 temperature 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 accom panied by a net reduction in the allowable emissions of a pollutant. This exclu sion shall apply only to the emission limitation for the pollutant affected by s uch 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 40 (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 source. This also applies to a source seeking credit after

the effective date of this rule for an increase in existing stack height up to that established by the GEP formula. A fluid model or field study shall be per formed according to the procedures described in the EPA Guideline for Determination of Good Enginee ring Practice Height (Technical Support Document of the Stack Height Regulations). The cre ditable 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 pollutant as a result of atmospheric downwa sh, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain feature s.

(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 heig ht 0.8 km from the stack that is at least forty percent of the GEP stack height or twenty-six meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level e levation 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 t he 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 41 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 jurisdictio n if those standards are more stringent than the stan dards of this chapter or the specific chapter relat ing

to that source.

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

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 derives a sig nificant portion of his/her income from persons subject to enforcement orders, he/she shall delegat e sole responsibility for administration of any par t of the program which involves these persons to an a ssistant.

(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 than 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 42 (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 chap ter or the rule or regulation alleged to be violate d, and the facts alleged to constitute a violation the reof, and may include an order that necessary

corrective action be taken within a reasonable time . In lieu of an order, ecology may require that the alleged violator or violators appear before it for the purpose of providing ecology information pertaining to the violation or the charges complain ed of. Every notice of violation shall offer to th e alleged violator an opportunity to meet with ecolog y 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 who 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 of fice 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 provisions of t his section and subject to the same penalty. The penalties provided in this section shall be imp osed 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 e stablished in RCW 70.94.015 or, if recovered by the authority, shall be paid into the treasury of the authority and credited to its funds. If a prior penalty for the same violation h as been paid to a local authority, the penaltyTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 43 imposed by ecology under subsection (a) of this sec tion 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 assurance of discontinuance of any act or practice deemed in vio lation of this chapter. Any such assurance shall specify a time limit during which discontinuance is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima 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 superior cou rt.

(4) Restraining orders, injunctions. Whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will cons titute a violation of any provision of this chapter

, the director, after notice to such person and an op portunity to comply, may petition the superior court of the county wherein the violation is allege d to be occurring or to have occurred for a restraining order or a temporary or permanent injun ction 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 pollution ep isode 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 44 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: 6/2/95

Southwest Clean Air Agency Regulations



### General Regulations for Air Pollution Sources

SWAPCA 400-010 POLICY AND PURPOSE

(1) It is the policy of the Southwest Air Pollution Con trol Authority (herein after referred to as the Authority and/or SWAPCA) to maintain such a reasona ble degree of purity of the air as will protect human health and safety and to the greatest degree practicable, prevent injury to plant and animal lif e or to property and be consistent with the economic and industrial well being of the jurisdiction of th e Authority.

(2) Pursuant to the U.S. Clean Air Act (42 U.S.C. 7401 et seq.) and the Washington Clean Air Act (RCW 70.94), the Authority has adopted regulations for the control of air contaminant emissions, including toxic air contaminants, substances for wh ich primary and secondary National Ambient Air Quality Standards (NAAQS) have been established and volatile organic compounds, to prevent air pollution. In conformance with these laws, the poli cy of SWAPCA is to control and regulate the

emission of air contaminants from sources within th e jurisdiction of SWAPCA, to prevent violationsTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 45 of federal, state and local air pollution regulatio ns, to provide uniform administration and enforcement of the aforementioned regulations, and to effectuate the requirements and purpose of Chapter 70.94 Revised Code of Washington (RCW).

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-020 APPLICABILITY (1) The provisions of this regulation shall apply withi n Clark, Cowlitz, Lewis, Skamania and Wahkiakum Counties of Washington State.

(2) The Authority is authorized to enforce this regulat ion and may also adopt standards or requirements. These standards or requirements may n ot be less stringent than the current state air quality rules and may be more stringent than th e current regulations. Unless properly delegated by Ecology, the Authority does not have j urisdiction over the following sources:

(a) Specific source categories over which the State, by separate regulation, has assumed or hereafter assumes jurisdiction. (b) Automobiles, trucks, aircraft, chemical pulp mills and primary aluminum reduction

facilities. (c) Those sources under the jurisdiction of the Energy Facility Site Evaluation Council (EFSEC) as provided in Washington Administrative Co de (WAC) 463.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-030 DEFINITIONS

Except as provided elsewhere in this regulation the following definitions apply throughout the regulation:

(1) "Actual emissions" means the actual rate of emissi ons 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 particular dat e 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 rep resentative of normal source operation. The Authority shall allow the use of a different ti me period upon a determination that it isTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 46 more representative of normal source operation. Act ual emissions shall be calculated using the emissions unit's actual operating hours, produc tion rates, and types of materials processed, stored, or combusted during the selected time period. (b) The Authority may presume that source specific al lowable emissions for the unit are equivalent to the actual emissions of the emissions unit. (c) For any emissions unit which has not begun normal o perations 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 visibility i mpairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of a Federal

Class I area. This determination must be made 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 visitor use of the Federal Class I area and (b) the frequency and timing of natural conditions that reduce visibility . This term does not include effects on integral

vistas.

(3) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. This includes any substance regulated as an air pollutant under WAC 173-460, NESHAPS, Section 112 o f the Federal Clean Air Act Amendments or substance for which a primary or secondary Natio nal Ambient Air Quality Standard has been established and volatile organic compounds. "Air po llutant" means the same as "air contaminant".

(4) "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities, and of such characteristi cs and duration as is, or is likely to be, injuriou s to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property. For the purposes of this regulat ion air pollution shall not include air contaminant s emitted in compliance with Chapter 17.21 RCW, the W ashington Pesticide Application Act, which regulates the application and control of various pe sticides.

(5) "Allowable emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the so urce is subject to federally enforceable limits which restrict the operating rate, or hours of oper ation, or both) and the most stringent of the following:

The applicable standards as set forth in 40 CFR Pa rt 60, 61, or 63;

(a) Any applicable State Implementation Plan emission limitation including those with a future compliance date; (b) The emissions rate specified as a federally enfor ceable permit condition, including those with a future compliance date; or (c) The emission rate specified by an applicable regu latory order.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 47 (6) "Ambient air" means the surrounding outside air.

(7) "Ambient air quality standard" (AAQS) means an es tablished concentration, exposure time, and frequency of occurrence of an air contaminant o r multiple air contaminants in the ambient air

which shall not be exceeded.

(8) "Authority" means the Southwest Air Pollution Con trol Authority (SWAPCA).

(9) "Best available control technology, (BACT)" means an emission limitation (including a visible emission standard) based on the maximum degree of r eduction for each air pollutant subject to regulation under Chapter 70.94 RCW which would be e mitted from or which results from any new or modified stationary source, which the Authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and oth er costs, determines is achievable for such source or modification through application of produ ction processes and available methods, systems, and techniques, including fuel cleaning or treatmen t, clean fuels, or innovative fuel combustion techniques for control of each such pollutant. In n o event shall application of the "best available control technology" result in emissions of any air pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Par t 60, Part 61, and Part 63 as they exist on August 1, 1996, or their later enactments as adopte d by reference by the Authority by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with this paragraph

shall not be allowed to increase above levels that would have been required under the definition of BACT in the Federal Clean Air Act as it existed pri or to enactment of the Clean Air Act

Amendments of 1990.

(10) "Best available retrofit technology (BART)" means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must b e established, on a case-by-case basis, taking into c onsideration the technology available, the costs of compliance, the energy and non-air quality environm ental impacts of compliance, any pollution control equipment in use or in existence at the sou rce, the remaining useful life of the source, and t he degree of improvement in visibility which may reaso nably be anticipated to result from the use of such technology.

(11) "Board" means the Board of Directors of the South west Air Pollution Control Authority.

(12) "Bubble" means a set of emission limits which all ows 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 SWAPCA 400-120.

(13) "Capacity factor" means the ratio of the average lo ad on a machine or equipment for the period of time considered, to the manufacturer's capacity rating of the machine or equipment.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 48 (14) "Class I area" means any area designated pursuant t o §§ 162 or 164 of the Federal Clean Air Act as a Class I area. The following areas are the Class I areas potentially affected by emissions from sources within SWAPCA jurisdiction: Alpine Lakes Wilderness; Glacier Peak Wilderness; Goat Rocks Wilderness; Mount Adams Wilderness; Mount Rainier National Park; Mt. Hood Wilderness Area;

Mt. Jefferson Wilderness Area.

(15) "Closure" means permanently stopping or terminating all processes at a facility. Such termination of processes shall result in no emissio ns of pollutants to the ambient air. Closure does not mean temporary shutdown of operations. A facili ty shall be considered "permanently closed" if operations have ceased and registration fees are no t paid as set forth in SWAPCA 400-100(2)(e). Process and pollution control equipment may remain in place and on site but shall be configured such that the equipment or processes are incapable of generating emissions to the atmosphere (e.g. disconnection of power to equipment, mechanical pos itioning that inhibits processing; placing of padlocks on equipment to prevent operation). Closur e of a facility requires notification to SWAPCA in accordance with SWAPCA 400-100(2)(d). New Source Review and applicable emission control technology requirements in accordance with current requirements for similar facilities will be required of the facility prior to restart if the an nual registration fee is not paid.

(16) "Combustion and incineration sources" means emiss ions units using combustion for waste disposal, steam production, chemical recovery or ot her process requirements, but excludes open burning.

(17) "Commenced construction" means that an owner or ope rator has all the necessary preconstruction approvals or permits and either has : (a) Begun, or caused to begin, a continuous program o f actual on-site construction of the source, to be completed within a reasonable time; o r (b) Entered into binding agreements or contractual obli gations, which cannot be cancelled

or modified without substantial loss to the owner o r operator, to undertake a program of actual construction of the source to be completed w ithin a reasonable time. (ref. 40 CFR 52.21)

(18) "Concealment" means any action taken to reduce th e observed or measured concentrations of a pollutant in a gaseous effluent while, in fact, n ot reducing the total amount of pollutant discharge d.

(19) "Construction" means any physical change or chang e in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions. (ref. 40 CF R 52.21)TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 49 (20) "Control Officer" means the Executive Director of the Southwest Air Pollution Control Authority.

(21) "Director" means the director of the Washington St ate Department of Ecology or duly authorized representative.

(22) "Dispersion technique" means a method which attempt s 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.

(23) "Ecology" means the Washington State Department o f Ecology.

(24) "Emission" means a release of air contaminants into the ambient air.

(25) "Emission control technology" means emission contro l equipment integral or in addition to the emission unit or other technology, device, comp onent or control parameter that is integral to the design of an emission unit or the basic design to t he emission unit; i.e., low NOx burner for a boiler

or turbine.

(26) "Emission reduction credit (ERC)" means a credit granted pursuant to SWAPCA 400-131. This is a voluntary reduction in emissions beyond r equired levels of control. ERCs may be sold, leased, banked for future use or traded in ac cordance with applicable regulations. Emission reduction credits shall provide an incentive for re ducing emissions below the required levels and to establish a framework to promote a market based app roach to air pollution control.

(27) "Emission standard" and "emission limitation" mea n a requirement established under the FCAA or Chapter 70.94 RCW or local regulation which limits the quantity, rate, or concentration of

emissions of air contaminants on a continuous basis , including any requirement relating to the operation or maintenance of a source to assure cont inuous emission reduction and any design, equipment, work practice, or operational standard p romulgated under the FCAA or Chapter 70.94

RCW..

(28) "Emissions unit" means any part of a stationary s ource which emits or would have the potential to emit any pollutant subject to regulati on under the FCAA, Chapter 70.94 RCW or Chapter 70.98 RCW.

(29) "Excess emissions" means emissions of an air poll utant in excess of any applicable emission

standard.

(30) "Excess stack height" means that portion of a sta ck which exceeds the greater of sixty-five meters (213.25 feet) or the calculated stack height described in SWAPCA 400-200(2).TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 50 (31) "Executive Director" means the Control Officer of the Southwest Air Pollution Control Authority.

(32) "Existing stationary facility" means a stationary 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 Manua l, 1987.

(33) "Federal Clean Air Act (FCAA)" means the Federal Clean Air Act, also known as Public Law 88-206, Stat. 392, December 17, 1963, 42 U.S.C. 740 1 et seq., as last amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990

.

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

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

(36) "Fugitive dust" means a type of particulate emiss ion made airborne by forces of wind, human activity, or both. Unpaved roads, construction site s, and tilled land are examples of areas that originate fugitive dust. Fugitive dust is a type of fugitive emission.

(37) "Fugitive emissions" means emissions which do not p ass and which could not reasonably becollected to pass through a stack, chimney, vent, or other functionally equivalent opening.

(38) "General process unit" means an emissions unit usin g 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.

(39) "Good agricultural practices" means economically feasible practices which are customary among or appropriate to farms and ranches of a simi lar nature in the local area.

(40) "Good engineering practice (GEP)" refers to a cal culated stack height based on the equation specified in SWAPCA 400-200(2)(a)(ii).

(41) "Incinerator" means a furnace used primarily for th e thermal destruction of waste.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 51 (42) "In operation" means engaged in activity related to the primary design function of the source.

(43) "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.

(44) "Lowest achievable emission rate (LAER)" means for any source that rate of emissions which reflects the more stringent of: (a) The most stringent emission limitation which is con tained in the implementation plan of any state for such class or category of source, unl ess the owner or operator of the proposed

new or modified source demonstrates that such limit ations are achievable; or (b) The most stringent emission limitation which is ach ieved in practice by such class or category of source. In no event shall the applicat ion of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source performance standards.

(45) "Maintenance Area" or "Maintenance Plan Area" means a geographical area of the jurisdiction of SWAPCA which was formerly designate d as a nonattainment area and which has been redesignated as an attainment area as provided under 40 CFR 52. The maintenance area designation shall be in effect as long as there is a federal or state requirement to have a maintenanc e plan in effect.

(46) "Maintenance Pollutant" means a pollutant for whi ch a maintenance plan area was formerly designated a nonattainment area.

(47) "Major modification" means any physical change in or change in the method of operation of a major stationary source that would result in a sign ificant net emissions increase of any pollutant subject to regulation under the Federal Clean Air A ct. Any net emissions increase that is considered significant for volatile organic compounds or oxide s of nitrogen shall be considered significant for ozone. A physical change or change in the method o f operation shall not include: (a) Routine maintenance, repair, and replacement; (b) Use of an alternative fuel or raw material by rea son of an order under sections 2 (a) and (b) of the Energy Supply and Environmental Supply C oordination 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 order o r rule under section 125 of the FCAA, 42 U.S.C. 7425; (d) Use of an alternative fuel at a steam generating un it to the extent that the fuel isgenerated from municipal solid waste; (e) Use of an alternative fuel or raw material by a sta tionary source which: (i) The source was capable of accommodating before De cember 21, 1976, unless such change would be prohibited under any federally enforceable permitTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 52 condition which was established after December 12, 1976, in a Prevention of Significant Deterioration permit or an Order of App roval for a Notice of Construction application; or (ii) The source is approved to use under any federally enforceable notice ofconstruction approval or a PSD permit issued by t he Environmental Protection Agency; (f) An increase in the hours of operation or in the p roduction 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 an Order of Approval for a Notice of Construction application; (g) Any change in ownership at a stationary source.

(48) "Major stationary source" means: (a) Any stationary source which: (i) Emits or has the potential to emit one hundred to ns per year or more of any air contaminant regulated by the Washington State or Fe deral Clean Air Acts; (ii) Is located in a "marginal" or "moderate" ozone non attainment area and which emits or has the potential to emit one hundred tons per year or more of organic compounds or oxides of nitrogen; (iii) Is located in a "serious" carbon monoxide nonattai nment area where stationary sources contribute significantly to car bon monoxide levels and which emits or has the potential to emit fifty tons per year or more of carbon monoxide; or (iv) 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. (b) Any physical change that would occur at a station ary source not qualifying under (a) of this subsection as a major stationary source, if th e change would constitute a major stationary source by itself; (c) A major stationary source that is major for VOCs or NO

x shall be considered major for

ozone; (d) The fugitive emissions of a stationary source sha ll not be included in determiningwhether it is a major stationary source, unless the stationary source belongs to one of the following categories of stationary sourc es or the source is a major stationary source due to (a)(iii) or (iv) 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;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 53 (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; (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 there of) totaling more than two hundred fifty million British thermal units per hour heat i nput; xxii) Petroleum storage and transfer units with a to tal storage capacity exceeding three hundred thousand barrels (12,600,000 gallons) ; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil fuel-fired steam electric plants of more tha n two hundred fifty million British thermal units per hour heat input; and (xxvii) Any other stationary source category which, as of August 7, 1980, being regulated under sections 111 or 112 of the Federal Clean Air Act.

(e) For purposes of determining whether a stationary source is a major stationary source, the term "building, structure, facility, or install ation" means all the pollutant-emitting activities which belong to the same industrial grou ping, are located on one or more contiguous or adjacent properties, and are under th e control of the same person (or persons under common control). Pollutant-emitting activitie s shall be considered as part of the same industrial grouping if they belong to the same majo r group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manua l, 1987.

(49) "Mandatory Class I federal area" means any area d efined in Section 162(a) of the FCAA. The mandatory Class I federal areas potentially aff ected by emissions from sources within SWAPCA jurisdiction are as follows: Alpine Lakes Wilderness; Glacier Peak Wilderness; Goat Rocks Wilderness; Mount Adams Wilderness; Mount Rainier National Park;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 54 Mt. Hood Wilderness Area;

Mt. Jefferson Wilderness Area.

(50) "Masking" means the mixing of a chemically nonrea ctive control agent with a malodorous gaseous effluent to change the perceived odor, usua lly to a less offensive odor.

(51) "Materials handling" means the handling, transport ing, loading, unloading, storage, and transfer of materials with no significant alteratio n of the chemical or physical properties of the

material.

(52) "Modification" means any physical change in, or c hange 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 mod ification in Section 7411, Title 42, United States Code, and with rules implementing that section.

(53) "National Emission Standards for Hazardous Air Po llutants (NESHAPS)" means the federal regulations set forth in 40 CFR Part 61 or Part 63.

(54) "Natural conditions" means naturally occurring ph enomena that reduce visibility as measured in terms of visual range, contrast, or coloration.

(55) "Net emissions increase" means: (a) The amount by which the sum of the following exce eds zero: (i) Any increase in actual emissions from a particular change or change in method of operation at a source; and (ii) Any other increases and decreases in actual emissio ns at the source that are contemporaneous with the particular change and are otherwise creditable. (b) An increase or decrease in actual emissions is co ntemporaneous with the increase from the particular change only if the changes in actual emissions occur between the date ten years before construction on the particular change commen ces and the date that the increase from the particular change occurs. (c) An increase or decrease in actual emissions is cr editable 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 ERC. Any emissions increases occurring

between the date of issuance of the ERC and the dat e when a particular change becomes operational shall be counted against the ER C. (ii) The Authority or Ecology has not relied on it in i ssuing any permit or Order of 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 pe rmit pursuant to 40 CFR 52.21,TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 55 which order or permit is in effect when the increas e in emissionsfrom the particular change occurs. (d) An increase in actual emissions is creditable onl y to the extent that the new level of

actual emissions exceeds the old level. (e) A decrease in actual emissions is creditable only to the extent that: (i) The old level of actual emissions or the old leve l 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 signifi cance for public health

andwelfare as that attributed to the increase from the particular change; and (iv) The Authority has not relied on it in issuing any p ermit, regulatory order orOrder of Approval under regulations approved purs uant to 40 CFR 51 Subpart I, the EPA has not relied on it in issuing a PSD permi t pursuant to 40 CFR 52.21 or Ecology or the Authority has not relied on it in de monstrating attainment or reasonable further progress. (f) An increase that results from a physical change a t 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 shake down becomes operational only after a reasonable shakedown period, not to exceed one hund red eighty days.

(56) "New source" means one or more of the following: (a) The construction or modification of a stationary source that increases the amount of any air contaminant emitted by such source or that resu lts in the emission of any air contaminant not previously emitted; (b) Any other project that constitutes a new source und er the Federal Clean Air Act; (c) Restart after a lapse in one year or more in paym ent of registration fees or operating permit fees; (d) Restart after a period of five years of non-operati on where registration or operatingpermit fees have been paid.

(57) "New Source Performance Standards (NSPS)" means t he federal regulations set forth in 40 CFR Part 60 and adopted by the Authority in SWAPCA 400-115.

(58) "Nonattainment area" means a clearly delineated ge ographic area which has been designated by EPA promulgation as exceeding a National Ambient Air Quality Standard or standards.

(59) "Notice of Construction application (NOC)" means a written application from the source by which the Authority records and tracks requests fro m registered and nonregistered sources for the purpose of obtaining information regarding proposed changes or activities at a source. Types of changes may include modifications, alterations, cha nges to process or control equipment, establishment of emission limits, installation of n ew sources, control technology determinations,TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 56 PSD determinations and other items specified by the Authority. A Notice of Construction application shall be submitted to the Authority for review and approval prior to construction of a new source, modification of an existing stationary source or replacement or substantial alteration of control technology at an existing stationary source or portable source. A Notice of Construction application may be submitted to the Authority for a ctivities not requiring New Source Review and shall not automatically impose New Source Review re quirements. (For more information refer to SWAPCA 400-109.)

(60) "Opacity" means the degree to which an object see n through a plume is obscured, stated as a

percentage.

(61) "Open burning" means the combustion of material 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. Open burning includes all forms of outdoor burning except those listed as exempt in SWAPCA 425-020. Wood waste disposal in wigwam burners is n ot considered open burning.

(62) "Order" or Regulatory Order means any order issue d by the Authority pursuant to Chapter 70.94 RCW, including, but not limited to RCW 70.94. 332, 70.94.152, 70.94.153 and 70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action order, order of approval, compliance schedule order, consent order, order of denial, order of violation, order of prevention, order of discontinuance, administrative order, and regulatory order.

(63) "Order of Approval" and "Approval Order" mean a reg ulatory order issued by the Authority to approve a Notice of Construction application for a proposed new source or modification, or the replacement or substantial alteration of control te chnology at an existing stationary source or portable source. Note: For more information refer t o SWAPCA 400-230(1)(a).

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

(65) "Particulate matter emissions" means all finely di vided 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.

(66) "Parts per million (ppm)" means parts of a contamin ant per million parts of gas or carrier medium, by volume. When calculating or measuring th e ppm of a given gas or carrier stream, such

measurement or calculation shall be exclusive of wa ter and particulate matter.

(67) "Person" means an individual, firm, public or priva te corporation, association, partnership, political subdivision, municipality, or government agency.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 57 (68) "PM 10 " means particulate matter with an aerodynamic diam eter less than or equal to a nominal 10 micrometers as measured by a reference method ba sed 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.

(69) "PM 10 emissions" means finely divided solid or liquid mat erial, 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.

(70) "Potential to emit" means the maximum capacity (i. e., design capacity) of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, inc luding air pollution control equipment and restrictions on hours of operation or on the type o r amount of material combusted, stored, or processed, shall be treated as part of its design o nly if the limitation or he effect it would have on emissions is federally enforceable. Secondary emiss ions do not count in determining the potential to emit of a stationary source.

(71) "Prevention of Significant Deterioration (PSD)" m eans the program set forth in SWAPCA

400-141 and WAC 173-400-141.

(72) "Projected width" means that dimension of a structu re determined from the frontal area of the structure, projected onto a plane perpendicular to a line between the center of the stack and the cent er of the building.

(73) "Reasonably attributable" means attributable by vis ual observation or any other technique the Authority deems appropriate.

(74) "Reasonably available control technology (RACT)" 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 additional c ontrols. RACT requirements for any source or source category shall be adopted only after public notice and opportunity for comment are afforded. RACT shall apply to existing sources. (75) "Regulatory order" means an order issued by the Aut hority to an air contaminant source which applies to that source, any applicable provision of Chapter 70.94 RCW, or the rules adopted thereunder, or, the regulations of the Authority. N ote: For further clarification refer also to theTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 58 definition of Order and Order of Approval and SWAPC A 400-230.

(76) "Significant" or "significant emission rate" mean s, in reference to a net emissions increase or the potential of a source to emit any of the follow ing pollutants, a rate of emission equal to or grea ter 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 0.6

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 tot al 0.0000035 tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans Municipal waste combustor metals (measured as PM) 15 Municipal waste combustor acid gases (measured as S O 2 40 and hydrogen chloride)

(77) "Significant visibility impairment" means visibil ity impairment which interferes with the management, protection, preservation, or enjoyment of visitor visual experience of a Class I area as defined in Section 162(a) of the FCAA. The determin ation must be made on a case-by-case basis, taking into account the geographic extent, intensit y, duration, frequency, and time of the visibility impairment, and how these factors correlate with th e time of visitor use of the Class I area and frequency and timing of natural conditions that red uce visibility.

(78) "Source" means all of the emissions unit(s) inclu ding quantifiable fugitive emissions, that are located on one or more contiguous and adjacent prop erties, and are under the control of the same person (or persons under common control), whose act ivities 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 functionally 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 Manua l, 1987.

(79) "Source category" means all sources of the same typ e or classification as described in the Standard Industrial Classification Manua l, 1987.

(80) "Southwest Air Pollution Control Authority (SWAPCA) " or "Authority" means the local airTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 59 pollution agency empowered to enforce and implement the Federal Clean Air Act (42 U.S.C. 7401, et seq.) and the Clean Air Washington Act (RCW 70.9 4) in Clark, Cowlitz, Lewis, Skamania and Wahkiakum Counties of Washington State.

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

(82) "Stack height" means the height of an emission poin t measured from the ground-level

elevation at the base of the stack.

(83) "Standard conditions" means a temperature of 20 d egrees C (68 degrees F) and a pressure of 29.92 inches (760 mm) of mercury except as otherwis e specified.

(84) "State Implementation Plan, (SIP)" means a comprehe nsive plan developed/prepared by the Washington State Department of Ecology with assista nce from the Southwest Air Pollution Control Authority, other regional air pollution control aut horities and other interested planning and governing entities, and submitted to EPA for approv al, which provides for implementation, maintenance and enforcement of the primary and seco ndary National Ambient Air Quality

Standards.

(85) "Stationary source" means any building, structure, facility, or installation which emits or may emit any contaminant. This term does not include em issions resulting directly from an internal combustion engine for transportation purposes or fr om a non-road engine or non-road vehicle as

defined in Section 216 of the FCAA.

(86) "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge.

(87) "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.

(88) "Total suspended particulate" means particulate mat ter as measured by the method described in 40 CFR Part 50 Appendix B as in effect on July 1 , 1992.

(89) "United States Environmental Protection Agency, ( USEPA)" shall be referred to as EPA.

(90) "Upgraded" is defined only for gasoline dispensin g facilities and means the modification of a. gasoline storage tank or piping to add cathodic pro tection, tank lining or spill and overfill protecti on that involved removal of ground or ground cover abo ve a portion of the product piping. "Modification" of a gasoline dispensing facility me ans the same as "upgraded".TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 60 (91) "Visibility impairment" means any perceptible degra dation in visibility (visual range, contrast, coloration) not caused by natural conditi ons.

(92) "Visibility impairment of Class I areas" means visi bility impairment within the area and visibility impairment of any formally designated in tegral vista associated with the area.

(93) "Volatile organic compound (VOC)" means: (a) Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This includ es any organic compound other than the following, which have negligible photochem ical activity: acetone; methane; ethane; methylene chloride (dichloromethane); 1,1,1 -trichloroethane (methyl chloroform); 1,1,1-trichloro 2,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluorome thane (CFC-12); chlorodifluoromethane (CFC-22); trifluoromethane (F C-23); 1,1,2,2-tetrafluoroethane (CFC-114); chloropentaflu oroethane (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-te trafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroeth ane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethan e (HFC-152a); parachlorobenzotrifluoride (PCBTF); perchloroethyle ne (tetrachloroethylene); and perfluorocarbon compounds which fall into these cla sses: (i) Cyclic, branched, or linear, completely fluorina ted alkanes; (ii) Cyclic, branched, or linear, completely fluor inated ethers with no unsaturations; and (iii) Sulfur containing perfluorocarbons with no unsatu rations and with sulfur bonds only to carbon and fluorine. (b) For the purpose of determining compliance with em ission limits, VOCs will bemeasured by the appropriate methods in 40 CFR Par t 60 Appendix A. Where such a method also measures compounds with negligible phot ochemical reactivity, these negligibly-reactive compounds may be excluded as V OC.

State effective: 11/21/96; EPA effective: 6/18/9 7

SWAPCA 400-040 GENERAL STANDARDS FOR MAXIMUM EMISSI ONS

All sources and emissions units are required to mee t the emission standards of this section. Where anTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 61 emission standard listed in another section is appl icable to a specific emissions unit, such standard shall take precedent over a general emission standa rd listed in this section. When two or more

emissions units are connected to a common 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 discha rge are not readily distinguishable, then the

emissions of the common stack must meet the most re strictive standard of any of the connected emissions units. Further, all emissions units are r equired to use reasonably available control technology (RACT) which may be determined for some sources or source categories to be more stringent than the applicable emission limitations of this regulation or any chapter of Title 173 WAC.

Where current controls are determined to be less th an RACT, the Authority shall, as provided in RCW 70.94.154, define RACT for each source or sourc e category and issue a rule or regulatory order requiring the installation of RACT.

(1) Visible emissions. No person shall cause or permit the emission for mo re than three minutes, in any one hour, of an air contaminant from any emissi ons unit which at the emission point, or within a reasonable distance of the emission point, exceeds twenty percent opacity as determined by certified

observer in accordance with EPA Method 9 "Visual De termination of the Opacity of Emissions from Stationary Sources" as specified in 40 CFR 60 Appen dix A except:

(a) When the emissions occur due to soot blowing/grat e 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 the Authority shall be advised of the schedule.

(b) When the owner or operator of a source supplies v alid data to show that the presence of uncombined water is the only reason for the opacity to exceed twenty percent.

(c) When two or more sources are connected to a common stack, the Authority may allow or require the use of an alternate time period if i t is more representative of normal operations. (d) When an alternate opacity limit has been establis hed per RCW 70.94.331 (2)(c).

(2) Fallout. No person shall cause or permit the emission of par ticulate matter from any source to be deposited beyond the property under direct contr ol 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 engagin g in materials handling, construction, demolition or any other ope ration which is a source of emission: If located in an attainment area and not impacting any nonatta inment area, shall take reasonable precautions to prevent the release of air contaminants from the op eration.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 62 (a) If the emissions unit has been identified as a sign ificant contributor to the nonattainment status of a designated nonattainment area, shall be required to use reasonable and available control methods, which shall include any necessary changes in technology, process, or other control strategies to control emissions of the cont aminants for which nonattainment has been designated.

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

reasonable minimum. (b) A scentometer No. 1 odor strength or equivalent d ilution in residential and commercial

areas shall not be exceeded. (c) A scentometer No. 3 odor strength or equivalent di lution in all other land use areas shall

not be exceeded. Scentometer Readings Scentometer Concentration Range

No. No. of Thresholds

0 1 to 2

1 2 to 8

2 8 to 32

3 32 to 128

4 128 (d) A violation of this section shall have occurred w hen two measurements made within a period of one (1) hour, separated by at least fifte en (15) minutes, off the property surrounding the air contaminant source exceeds the scentometer limitations set

hereunder. (e) When the source is a manufacturing process, no vi olation of this section shall have occurred provided that Best Available Control Techn ology (BACT), Maximum Available Control Technology (MACT), or Lowest Achi evable Emission Rate (LAER), as applicable for odor control and abatemen t, is provided and is operating in compliance with other applicable regulations and em ission limits. (f) When the source is using "good agricultural pract ices", as provided in RCW 70.94.640, no violation of this section shall have occurred.

(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 p pm of sulfur dioxide on a dry basis, corrected toTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 63 seven percent oxygen or twelve percent CO 2 as required by the applicable emission standard fo r combustion sources, and based on the average of any period of sixty consecutive minutes except:

(a) When the owner or operator of an emissions uni t supplies emission data and can demonstrate to the Authority that there is no feasi ble method of reducing the concentration to less than one thousand ppm (on a dry basis, correct ed to seven percent oxygen for sulfur dioxide will not be exceeded. In such cases, the A uthority may require specific ambient air monitoring stations be established, operated, and m aintained by the owner or operator at mutually approved locations. All sampling results shall be made available upon request and a monthly summary shall be submitted to the Authori ty.

(b) When a source limits such emission by a combin ation of constant emission controls and dispersion techniques approved by the Authority.

(7) Concealment and masking. No person shall cause 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 section.

(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 source( 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 (RACT) to c ontrol emissions. Significance will be determined by the criteria found in SWAPCA 400-113( 3).

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-050 EMISSION STANDARDS FOR COMBUSTION A ND INCINERATION

UNITS

(1) Combustion and incineration emissions units shall meet all requirements of SWAPCA 400-040 and, in addition, no person shall cause or permit e missions 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 the production of steam. No person shall allow or permit the emission of particulate matter from an emissions un it combusting wood derived fuels in excess of 0.46 gram per dry cubic meter at standard condition s (0.2 grain/dscf), as measured by EPA Method 5 or other acceptable sampling methods approved in ad vance by the Authority.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 64 (2) For any incinerator, no person shall cause or per mit emissions in excess of one hundred ppm of total carbonyls as measured by applicable sampling methods or other acceptable procedures approved in advance by the Authority including but not limited to those methods contained in "Source Test Manual - Procedures for Compliance Tes ting", State of Washington, Department of Ecology on file at the Authority. Incinerators sha ll be operated only during daylight hours unless written permission to operate at other times is rec eived from the Authority.

(3) Measured concentrations for combustion and incine ration sources shall be adjusted in accordance with the following listing. Source categ ories not identified shall have measured concentrations for volumes corrected to seven perce nt oxygen except when the Authority determines that an alternate oxygen correction factor is more representative of normal operations. Concentrations for the following sources shall norm ally be adjusted to the following oxygen concentrations: gas, diesel, & oil fired boilers: 3 %; medical/hospital waste incinerators: 12%; natural gas turbines: 15%.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-052 STACK SAMPLING OF MAJOR COMBUSTION SOURCES

(1) General Requirements. No owner or operator of a major source which is als o a combustion or incineration source shall operate the source except in compliance with the requirements of this

section.

(2) Applicability. All sources that are designated as major as a resul t of the operation of a combustion or incineration unit (or units) where th e combined emissions of a single pollutant from the combustion or incineration unit (or units) are 100 tons per year or more of oxides of. nitrogen, carbon monoxide, particulate matter, sulfur dioxide or volatile organic compounds.

(3) Emissions Sampling Requirements. The owner or operator of a major combustion or incineration source identified in (2) shall cause o r conduct emissions tests at least once every two calendar years to quantify emissions of the polluta nts for which the source has been designated major. In the event that the combined emissions of a single pollutant from several emissions units establishes the source as major, emissions tests sh all be conducted at least once every two calendar years for all emissions units which emit 30 percent or more of the emissions of the pollutant for which the source has been designated major. Emissio ns testing shall be performed in accordance

with SWAPCA 400-106.

(4) Sampling Methods. All emissions tests shall be conducted in accordanc e with the specific test methods approved in advance by the Authority.

(5) Additional Requirements. Nothing in this section shall be construed as to li mit the ability of the Authority to impose additional or supplemental emissions testing requirements for any emissionsTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 65 unit within the Authority's jurisdiction in accorda nce with SWAPCA 400-105(4).

(6) Alternative Sampling Schedules. The Authority may on a case-by-case basis, accept o r require an alternative emissions sampling schedule provided sufficient source-specific sampling data exists to adequately demonstrate that the sour ce is capable of continuous compliance with any emission standards that are applicable to the sourc e. Alternative sampling schedules shall be based upon measured emissions relative to the applicable emissions limitation. The Authority may reduce the frequency of the required emissions testing.

(7) Continuous Emissions Monitors. The use of continuous emissions monitors shall be acceptable as an alternative emissions sampling sch edule.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-060 EMISSION STANDARDS FOR GENERAL PRO CESS UNITS

General process units shall meet all applicable pro visions of SWAPCA 400-040 and, no person shall cause or permit the emission of particulate materia l from any general process operation in excess of 0.23 grams per dry cubic meter at standard conditio ns (0.1 grain/dscf) of exhaust gas. EPA test methods from 40 CFR Appendix A which are adopted by reference and any other appropriate test procedures approved in advance by the Authority sha ll be used to determine compliance.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-070 EMISSION STANDARDS FOR CERTAIN SOUR CE CATEGORIES

The Authority finds that the reasonable regulation of sources within certain categories requires separate standards applicable to such categories. T he standards set forth in this section shall be the

maximum allowable standards for emissions units wit hin the categories listed.

(1) Wigwam burners. The use of wigwam ("tee-pee", "conical", or equival ent type) burners is prohibited effective January 1, 1994.

(2) Hog fuel boilers.

(a) Hog fuel boilers shall meet all provisions of SWAPC A 400-040 and SWAPCA 400-050(1), except that emissions may exceed twenty percent opacity for up to fifteen consecutive minutes once in any eight hours. The in tent of this provision is to permit the soot blowing and grate cleaning necessary for efficient operation of these units. This practice is to be scheduled for the same specific times each da y and the Authority shall be notified of the schedule or any changes.

(b) All hog fuel boilers shall utilize RACT and shall b e operated and maintained to minimize

emissions.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 66 (3) Orchard heating.

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

(b) It is unlawful to burn any material or operate an y 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) Catalytic cracking units.

(a) All existing catalytic cracking units shall meet all provisions of SWAPCA 400-040:

(i) No person shall cause or permit the emission for mo re 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 twenty percent opacity.

(ii) No person shall cause or permit the emission of p articulate 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 install BA CT which may be more stringent than

the provisions of SWAPCA 400-115.

(5) Sulfuric acid plants. No person shall cause to be discharged into the atm osphere from a sulfuric acid plant, any gases which contain acid m ist, expressed as H 2S O 4, in excess of 0.15 pounds per ton of acid produced. Sulfuric acid production shall be expressed as one hundred percent H 2S O 4.

(6) Gasoline dispensing facilities. All gasoline dispensing facilities shall meet all t he provisions of SWAPCA 400-110(8) and SWAPCA 491 "Emission Stand ards and Controls for Sources Emitting Gasoline Vapors".

(7) Abrasive blasting.

(a) Abrasive blasting shall be performed inside a boo th or structure designed to capture the blast grit, overspray, and removed material except that outdoor blasting of structures or items too large to be reasonably handled indoors or in an enclosure shall employ control measures such as curtailment during windy periods, wet blast ing, and/or enclosure of the area being blasted with tarps.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 67 (b) Outdoor blasting shall be performed with either s teel shot or an abrasive material containing less than one percent (by mass) which wo uld pass through a No. 200 sieve.

(c) All abrasive blasting with sand shall be performe d inside a blasting booth, enclosure or structure designed to capture fugitive particulate matter.

(d) All abrasive blasting of materials that have a coat ing or that may contain a substance that is identified as a toxic air pollutant in WAC 173-460 or a hazardous substance shall be analyzed prior to blast operations. If a toxic o r hazardous material is present in the blast media or removed media, all material shall be handl ed and disposed of in accordance with applicable regulations.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-074 GASOLINE TRANSPORT TANKERS

(1) Each owner(s) and/or operator(s) of a gasoline tr ansport tank doing business within the designated ozone non-attainment area of SWAPCA juri sdiction shall register the transport tank with SWAPCA prior to being placed into service. Such reg istration shall be made annually with

SWAPCA.

(2) Each registered gasoline transport tanker shall p ay an annual registration fee in accordance with the schedule provided in SWAPCA 400-100(3)(a)(i). E ach transport tanker shall have its own registration sticker, certification test and shall be assessed a separate registration fee.

(3) Prior to registration, SWAPCA shall review the le ak test certification documentation from the testing company required under SWAPCA 490-202(3). U pon demonstration of a successful leak test and payment of registration fees, SWAPCA shall issu e a registration sticker that shall be applied to

the tanker.

(4) The owner(s) and/or operator(s) of a gasoline loa ding or unloading facility shall only allow the transfer of gasoline between the facility and a tra nsport tank when a current leak test certification for the transport tank is on file with the facility or a valid SWAPCA registration sticker is displayed on the tank(s).

(5) Each owner(s) and/or operator(s) of a petroleum pr oduct transport tank doing business within SWAPCA jurisdiction shall notify SWAPCA of a change in status of a tanker. Change in status shall include sale, operating only out of SWAPCA jurisdic tion, out of service, or other similar change. Such notification shall be made in writing to SWAPC A within 10 days of the change of status.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-081 STARTUP AND SHUTDOWNTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 68 (1) In promulgating technology-based emission standar ds and making control technology determinations (e.g., BACT, RACT, LAER, BART) the A uthority shall consider any physical and operational constraints on the ability of a source to comply with the applicable standard during start up or shutdown.

(2) Where the Authority determines 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 standard during startup or shutdown, the Authority shall include in regulatory orders or the Operating Permit, appropri ate emission limitations, operating parameters, or other criteria to regulate the performance of the s ource during startup or shutdown conditions.

(3) In modeling the emissions of a source for purposes of demonstrating attainment or maintenance of national ambient air quality standards, the Auth ority shall take into account any incremental increase in allowable emissions under startup or sh utdown conditions authorized by an emission limitation or other operating parameter adopted und er this section.

(4) Any emission limitation or other parameter adopte d under this section which increases allowable emissions during startup or shutdown cond itions over levels authorized in the Washington State Implementation Plan shall not take effect unt il approved by EPA as a SIP amendment.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-090 VOLUNTARY LIMITS ON EMISSIONS

(renumbered to 400-091 9/21/95)

State effective: 11/8/93; EPA effective: 7/3/95

SWAPCA 400-091 VOLUNTARY LIMITS ON EMISSIONS

(1) Voluntary limits on emissions and limitations on po tential to emit may be requested by a source by submittal of a complete Notice of Construction a pplication to the Authority as provided in

SWAPCA 400-109. Confidential information shall be i dentified as set forth in SWAPCA 400-270. Upon request by the owner or operator of a source, and completion of review of the application by the Authority, the Authority shall issue a regulato ry order which reduces that source's potential to emit to an amount agreed to by the owner or operato r and the Authority.

(2) A condition contained in an order issued under this section shall be less than the source's

otherwise allowable annual emissions of that air co ntaminant under all applicable requirements of Chapter 70.94 RCW and the FCAA, including any stand ard or other requirement provided for in the Washington State Implementation Plan.

(3) Any order issued under this section shall include monitoring, record keeping and reporting requirements sufficient to ensure that the source c omplies with any emission limit established underTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 69 this section. Monitoring requirements shall use ter ms, test methods, units, averaging periods, and

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

(4) Any order issued under this section shall be subjec t to the public notice and comment procedures under SWAPCA 400-171.

(5) The terms and conditions of a regulatory order is sued under this section shall be federally enforceable, upon approval of this section as an el ement of the Washington State Implementation Plan. Any proposed increase in emissions above limi ts contained in an order issued under this section shall require revision or revocation of the order.

(6) Noncompliance with any emission limit, test require ment, reporting requirement or other requirement identified in a regulatory order issued pursuant to this section shall be considered a

violation of this section.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-100 REGISTRATION REQUIREMENTS AND OPERA TING PERMIT

FEES

(1) Applicability. All sources or emission units that emit contaminant s to the ambient air shall be registered with the Authority in accordance with th is section as set forth in RCW 70.94.151 except those sources specifically exempted by SWAPCA 400-1 00(3) and SWAPCA 400-101.

(2) General requirement s.

(a) A unique registration number shall be assigned to all sources required to be registered with SWAPCA and a separate registration fee shall b e provided for each air contaminant emission unit; provided that, an owner has the opti on to register a process with a detailed inventory of air contaminant sources and emissions related to the process. A registration fee shall not be collected for exempt emission units id entified at SWAPCA 400-101.

(b) Each registration submittal shall be certified for truth, accuracy and completeness by the owner or operator.

(c) Registration information shall be provided on forms supplied by the Authority and the forms shall be verified by the source and retu rned to the Authority with payment in full within the time specified by the Authority

.

(d) Annual registration fees that are unpaid after Ju ly 31 for the effective year shall be

considered to be in default and the source shall be considered to be out of business and in

violation of item ( d ) above for failure to report closure. At the discre tion of the Control Officer, all Orders of Approval for existing equipm ent shall become invalid for this sourceTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 70 and the source shall be required to submit a Notice of Construction and applicable fees in accordance with SWAPCA 400-110 prior to resuming op erations. Prior to taking actions to `un-register' a source, the source must be notified by certified letter. The registration program covers the period of July 1 through June 30. Source s or emission units operating less than six months in the current registration period that are terminated, shall not be liable for registration fees. This does not apply to temporary or portable sources.

(e) A report of closure or discontinuance shall be fi led with the Authority within ninety days after operations producing emissions permanent ly cease at any source. (Refer to

SWAPCA 400-230 for issuance of an Order of Disconti nuance.)

(3) Registration Fees. Before the Control Officer may register any emis sion unit, the use of which may emit contaminants to the atmosphere, an a nnual registration fee of $100.00 for each emission unit shall be paid. For new stationary so urces, registration fees for the first year are included as part of the fees collected for a Notice of Construction application and shall not be

considered in addition to those fees. (a) Exceptions: (a) An annual registration fee of $50.00 shall be charg ed to each gasoline transport tank.

(b) The registration fee for a small operation may be w aived by the Control Officer provided sufficient demonstration of circum stances is presented, subject to the discretion of the Control Officer.

(c) Emissions units and activities specifically exempte d under SWAPCA 400-101 are not required to comply with the require ments of this section.

(iv) Operating Permit Program sources, as defined in RC W 70.94.030(17) shall pay an operating permit fee in accordance with SWAPCA 4 00-100(4). Operating Permit Program sources, as defined in RCW 70.94.030(17) ar e not required to comply with the registration requirements of this section after EPA grants interim or final approval of the SWAPCA Operating Permit Program pursuant to 40 CFR Part 70.

(4) Operating Permit Fees. Fee determination and certification for sources sub ject to 70.94.161 RCW requirements. (a) Applicability. The owner or operator of all sources subject to the requirement to obtain an Operating Permit under 40 CFR 70 or 70.94.161 RC W, shall pay an annual fee, or the equivalent over some other period as approved, subj ect to the discretion of the Control Officer, sufficient to cover all reasonable (direct and indirect) costs required to develop and administer the Operating Permit Program requirement s as specified in this section. (b) Pollutants for which fees will be assessed. (1) A volatile organic compound.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 71 (2) Each pollutant regulated under Section 7411 or 741 2 of the 1990 Clean Air Act

Amendments. (3) Each pollutant for which a national primary ambie nt air quality standard has been promulgated except that carbon monoxide shall be excluded from this

reference. P M10 emissions will be utilized for purposes of calculat ing particulate matter emissions when such data is provided by the 40 CFR Part 70 source. Source test data is required to demonstrate the P M10 portion of total particulate matter

emissions. (4) Emissions of each regulated pollutant emitted in excess of 7500 tons from a

source shall be excluded from fee assessment.

(c) Program cost projections. The Authority shall prepare an Operating Permit Pro gram budget each year based on a projected workload eval uation. Only fee eligible activities as specified in SWAPCA 400-100(f) and Ecology's develo pment and oversight costs, as provided in RCW 70.94.162 shall be considered in th e workload analysis. The projected budget shall be submitted to the Authority's Techni cal Advisory Council, as described in SWAPCA 400-172, for comments. The Technical Advisor y Council shall be given an opportunity to provide input regarding the projecte d budget. The Control Officer shall evaluate all comments and revise the projected budg et where deemed appropriate. After consideration of the comments, the Control Officer shall submit the proposed budget to the Board of Directors for approval. The approved budge t shall be used in the equations below to determine the Operating Permit Program fees. The Au thority shall publish the proposed and approved budgets and workload analysis in the Permi t Register. (d) Three part fee assessment methodology. Operating Permit Program fees shall be determined using a three part fee assessment method ology as described below: (1) Participation Fee. Fees sufficient to cover one-t hird of the Board approved Operating Permit Program budget shall be assessed s uch that each source shall pay an equal share. The total Operating Permit Program budget sh all be divided by three. This amount shall be further divided by the number of 40 CFR Pa rt 70 sources within the Authority's jurisdiction. Participation fees shall be equal in amount for each 40 CFR Part 70 source. The participation portion of the fee shall be assessed according to the following formula: PF = B ̧3 ̧n, where;

PF = Participation fee portion of total fee; B = The total Authority budget for the Operating Pe rmit Program; (2) Emissions Fee. Fees sufficient to cover one-third of the budget shall be assessed such that each source shall pay an amount equal to that source's portion of the total annual emissions of the fee applicable pollutants from all 40 CFR Part 70 sources within the Authority's jurisdiction. The total Operating Permi t Program budget shall be divided by

three. The ratio of each source's annual emissions (in tons) to the total annual emissions of fee applicable pollutants emitted by all 40 CFR Par t 70 sources within the Authority's jurisdiction shall be paid by the owner or operator of each source. The emissions portion of the fee shall be assessed according to the followin g. formula:TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 72 EF = B ̧3*SE ̧TE, where:

EF = Emissions fee portion of total fee; B = The total Authority budget for the Operating Pe rmit Program; SE = The sum of annual emissions of fee applicable pollutants in tons per year from the individual 40 CFR Part 70 source; TE = The sum of annual emissions of fee applicable pollutants in tons per year from all 40 CFR Part 70 sources. (3) Complexity Fee. Fees sufficient to cover one-third of the budget shall be

assessed such that each 40 CFR Part 70 source shall pay an amount equal to that source's portion of the total emissions units at al l 40 CFR Part 70 sources within the Authority's jurisdiction. The total Operating Permi t Program budget shall be divided by three. The ratio of each source's emissions unit s to the total number of emissions

units located at all 40 CFR Part 70 sources within the Authority's jurisdiction shall be paid by the owner or operator of each source. The c omplexity portion of the fee shall be assessed according to the following formula: CF = B ̧3*SU ̧TU, where: CF = Complexity fee portion of total fee; B = The total Authority budget for the Operating Pe rmit Program; SU = The number of emission units at a source;

TU = The number of emissions units at all 40 CFR Pa rt 70 sources.

(4) Total Fee. The amount of the annual assessed fees f or each 40 CFR Part 70 source shall be the sum of the participation, emiss ions and complexity fee portions (PF+EF+CF = Total Fee). The sum of the total fees f or all 40 CFR Part 70 sources within the Authority's jurisdiction shall be equal in amount to the Board adopted budget for the Operating Permit Program. (e) Accountability. (1) The sum of the fees assessed by the Authority to all sources required to obtain Operating Permits within the Authority's jurisdicti on shall not exceed the cost of developing and administering the program. All fees collected from permit program sources as provided in RCW 70.94.162, shall be depo sited in a dedicated air operating permit account. Such fees shall be used e xclusively to support and administer the operating permit program. (2) The Authority shall keep a record of all reasonable (direct and indirect) costs to develop and administer the Operating Permit Program as specified in 40 CFR Part 70. This information shall be used by the Authority to develop the Operating Permit Program budget specified in section (3) above. The information obtained from tracking revenues, time and expenditures shall not. provide a basis for challenge to

the amount of an individual source's fee. (3) In the event that the assessed fees exceed the co st of developing and administering the Operating Permit Program, such ex cess fees shall be used to develop and administer the Operating Permit Program in the next subsequent year.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 73 The amount of the excess fees shall be deducted fro m the projected budget of the next subsequent year prior to fee assessment for the sub sequent year. (f) Fee eligible activities. (1) Preapplication assistance and review of an applic ation and proposed compliance plan for a permit, permit revision or permit renewa l; (2) Source inspections, testing and other data gather ing activities necessary for development of a permit, permit revision or renewal ; (3) Acting on an application for a permit, permit rev ision or renewal, including the costs of developing an applicable requirement as pa rt of the processing of a permit, permit revision or renewal, preparing a draft permi t and fact sheet and preparing a final permit, but excluding the costs of developing BACT, LAER, BART or RACT requirements for criteria and toxic air pollutants; (4) Notifying and soliciting, reviewing and responding to comment from the public and contiguous states and tribes, conducting public hearings regarding the issuance of a draft permit and other costs of providing info rmation to the public regarding operating permits and the permit issuance process; (5) Modeling necessary to establish permit limits or t o determine compliance with permit limits; (6) Reviewing compliance certifications and emission reports, conducting related compilation and reporting activities; (7) Conducting compliance inspections, complaint inves tigations and other activities necessary to ensure that a source is com plying with permit conditions; (8) Administrative enforcement activities and penalty assessment, excluding the costs of proceedings before the Pollution Control H earings Board (PCHB) and all costs of judicial enforcement; (9) The share attributable to permitted sources to th e development and maintenance of emissions inventories; (10) The share attributable to permitted sources of amb ient air quality monitoring and associated recording and reporting activities; (11) Training for permit administration and enforcement; (12) Fee determination, assessment and collection, inclu ding the costs of necessary administrative dispute resolution and enforcement; (13) Required fiscal audits, periodic performance audit s and reporting activities; (14) Tracking of time, revenues and expenditures and a ccounting activities; (15) Administering the permit program including costs of clerical support, supervision and management; (16) Provision of assistance to small business under j urisdiction of SWAPCA as required under Section 507 of the Federal Clean Air Act; and (17) Other activities required by operating permit regu lations issued by EPA under

the Federal Clean Air Act. (g) Late Fee Payments. Fees shall be paid in accordance with the schedule of payment. agreed upon in advance by the Control Officer and e ach operating permit source. DelinquentTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 74 fees are subject to a late fee equal to three times the operating permit fee. The penalties authorized by this subsection are additional to and in no way prejudice SWAPCA's ability to exercise other civil and criminal remedies, includi ng authority to revoke a source's operating permit for failure to pay all or part of its permit fee. (h) Schedules of Payment. A source shall be allowed to pay its annual operati ng permit fees in one, two or four installments. Each schedul e of payment shall specify the terms and dates of payments. (i) Transfer of Ownership. Transfer of ownership of a source shall not affect that source's obligation to pay operating permit fees. Any liabil ity for fee payment, including payment of delinquent fees and other penalties shall survive a ny transfer of ownership of a source.

(5) Inspections.

(a) Periodic onsite inspections of emission units and sources shall be allowed to verify compliance with applicable requirements, regulation s, orders or rules governing the processes, equipment, or emissions from a source as set forth in RCW 70.94.200.

(b) Authority personnel or representatives shall have the authority to enter at reasonable times upon any private or public property excepting non-multiple unit private dwellings housing two families or less for the purpose of inv estigating conditions specific to the control, recovery, or release of air contaminants t o the atmosphere.

(c) No person shall refuse entry or access to Authorit y personnel who request entry for the purpose of inspection, who present appropriate cred entials.

(d ) No person shall obstruct, hamper or interfere with any such inspection.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-101 SOURCES EXEMPT FROM REGISTRATION RE QUIREMENTS

All air contaminant emissions units shall be regist ered with the Authority except for the emissions

units listed in this section. In the event that a r egistered source has any of these emissions units a t a location that is otherwise required to be registere d or obtain an operating permit, the Authority may require that these emissions units be included on t he permit or registration. However, registration fees shall not be assessed for any of the exempt em issions units. Any source exempted from registration under this section shall maintain suff icient documentation acceptable to the Authority that the source is entitled to exemption under this section. Any source exempted from registration under this section shall also be considered exempt from the requirements of SWAPCA 400-110, 400-111, 400-112, 400-113, and 400-114. For the pur pose of identifying sources or emission units exempt from registration, the source's or emission unit's potential to emit shall be used as the basis

for emissions and shall consider emissions before a pplication of any control equipment. All exempt

emission units shall be identified on an Order of A uthorization to Operate for an otherwise registeredTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 75 source (refer to SWAPCA 400-109). An exemption for an entire facility or source shall be valid only

if the combined emissions from all emission units a t that site or facility are less than 1.0 ton per y ear for criteria pollutants and less than the Small Qua ntity Emission Rate for each toxic air pollutant identified in SWAPCA 460. If any exemption threshol d is exceeded for an emission unit or units, either individually or combined, the source or emis sion unit(s) shall not be considered to be exempt.

List of Exempt Emission Units or Sources as a Singl e Source or Emission Unit:

(1) Air conditioning or ventilating systems designed for space heating and cooling, combined or separate, that are less than 2.0 million BTU per ho ur which do not exhaust to the atmosphere contaminants generated by or released from process equipment.

(2) Any commercial or industrial manufacturing operat ion or business or process(es) associated with such operation or business which emits less th an one ton per year combined of nitrogen oxides, carbon monoxide, PM 10 , sulfur dioxide and volatile organic compounds fro m all emissions units combined. The one ton exemption does not apply to e missions of toxic air pollutants. Sources or emission units with emissions of toxic air pollutan ts to the ambient air may be exempted only if the annual emissions quantity for each toxic air pollut ant is below the Small Quantity Emission Rate (annual rate) for each toxic air pollutant emitted as identified in SWAPCA 460.

(3) Any commercial or industrial manufacturing operatio n or business or process(es) associated with such operation or business which is of insuffi cient stature to trigger a new source review fee assessment, from all emission units combined, as sp ecified in Table A under SWAPCA 400-110.

(4) Asphalt roofing and application equipment (not ma nufacturing or storage equipment).

(5) Fuel burning equipment unless waste-derived fuel is burned, which:

(a) is used solely for a private dwelling serving les s than five families; or

(b) has an energy input of less than 2 million Btu per hour.

(6) Fuel burning equipment used exclusively for office space heating other than boilers.

(7) Insecticide, pesticide or fertilizer spray equipme nt.

(8) Laundering devices, dryers, extractors or tumbler s for fabrics using water solutions of bleach and/or detergents.

(9) Portable, manually operated welding, brazing or s oldering equipment when used at other than the owner's principal place of business.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 76 (10) Welding stations involved solely in the repair an d maintenance of a facility. This exemption does not extend to manufacturing operations where w elding is an integral part of the manufacturing

process.

(11) Food preparation facilities, establishments or equi pment.

(12) Retail paint sales establishments (not including manufacturing).

(13) Sampling connections used exclusively to withdraw materials for laboratory analyses and testing.

(14) Sewing equipment.

(15) Sources which due to the amount and nature of air contaminants produced and their potential to contribute to air pollution, are determined thro ugh review by the Authority to not warrant registration; provided that, for new sources, such determination shall be based upon review of a Notice of Construction application.

(16) Spray painting or blasting equipment used at a tem porary location to clean or paint bridges, water towers, buildings or other structures.

(17) Chemical and physical laboratory operations or eq uipment, including fume hoods and vacuum producing devices provided the emissions do not exc eed those listed in SWAPCA 400-101(2). This exemption applies to incidental fume hoods or labor atory equipment used by a source to perform in-house analyses that do not exceed the small quan tity exemption of (2) above. This exemption does not apply to sources whose primary activity is chem ical or physical laboratory operations.

(18) Residential wood heaters.

(19) Office equipment, operations and supplies.

(20) Internal combustion including diesel engines used for standby emergency power generation which are used less than 100 hours per year and are rated at less than 500 horsepower.

(21) Steam cleaning equipment used exclusively for tha t purpose.

(22) Refrigeration systems which are not in air pollut ion control service.

(23) Housekeeping activities and equipment.

(24) Natural draft hoods, natural draft stacks, or natur al draft ventilators for sanitary and storm drains, safety valves and storage tanks.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 77 (25) Natural and forced air vents and stacks for bathr oom/toilet facilities.

(26) Personal care activities.

(27) Lawn and landscaping activities.

(28) Flares used to indicate danger to the public.

(29) Fire fighting and similar safety equipment and equ ipment used to train fire fighters.

(30) Materials and equipment used by, and activities r elated to operation of an infirmary provided that operation of an infirmary is not the primary b usiness activity at the source in question.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 400-105 RECORDS, MONITORING AND REPORTING

The owner or operator of each registered source or emission unit shall maintain records on the type and quantity of emissions from the source and other information deemed necessary to determine whether the source is in compliance with applicable emission limitations, and control measures. Sources that are not subject to the registration re quirements of SWAPCA 400-100 because they are exempt under SWAPCA 400-101 shall nevertheless main tain records and other information necessary and sufficient to substantiate that their small quantity emissions are less than the applicable thresholds.

(1) Emission inventory.

(a) When requested, the owner(s) or operator(s) of any air contaminant source shall submit an inventory of emissions from the source each year to the Authority. The inventory shall include stack and fugitive emissions of particulate matter, PM 10 , sulfur dioxide, carbon monoxide, total reduced sulfur compounds (TRS), flu orides, lead, VOCs, and toxic air pollutants identified in WAC 173-460. The owner(s) or operator(s) shall maintain records of information necessary to substantiate any reported emissions, consistent with the averaging times for the applicable standards.

(b) The emission inventory form supplied by the Autho rity shall be completed and returned to the Authority by April 15th for the following so urces:

(i) Sources with the potential to emit over 100 tons of criteria pollutants, 10 tons of a single hazardous air pollutant or 25 tons of comb ined hazardous air pollutants, sources subject to NSPS, except Subpart AAA, and so urces subject to NESHAPS, except Subpart M, sources are required to submit an emissions inventory. Only theTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 78 hazardous air pollutants listed in Section 112 of t he FCAA are considered for inclusion as hazardous air pollutant emissions for the purpose of determining those sources required to submit an emissions inventory. Minimum data required for the emissions inventory includes: emissions type, emiss ions quantity, process data, stack parameters, operating schedule, control equipment a nd boiler capacity.

(ii) In ozone nonattainment areas, those sources that emit over 10.0 tons of VOCs per year or over 25.0 tons per year of NOx are also required to submit emission inventories. Minimum data required for the emissio ns inventory includes: emissions type, emissions quantity, process data, s tack parameters, operating schedule, control equipment, and equipment capacity . Sources subject to this section are also required to submit daily emissions data for NO X , and VOCs in preparation for the SIP update.

(iii) Sources with actual emissions or potential to emit greater than 50% of the Title V permit thresholds as identified in (i) above.

(iv) Synthetic minor or Title V opt out sources.

(2) Monitoring. The Authority shall conduct a continuous surveillan ce program to monitor the quality of the ambient atmosphere as to concentrati ons and movements of air contaminants. As a part of this program, the Control Officer or an authoriz ed representative may require any source under the jurisdiction of the Authority to conduct stack and/or ambient air monitoring and to report the results to the Authority.

(3) Investigation of conditions. Upon presentation of appropriate credentials, for t he purpose of investigating conditions specific to the control, r ecovery, or release of air contaminants into the atmosphere, personnel from the Authority shall have the power to enter at reasonable times upon any private or public property, excepting non-multiple unit private dwellings housing one or two

families.

(4) Source testing . To determine compliance, evaluate control equipm ent performance, evaluate RACT or quantify emissions the Authority may conduc t or require that a test be conducted of the source or any emissions unit within the jurisdictio n of the Authority. Source testing shall be performed using appropriate sampling and analytical methods from 40 CFR 60 Appendix A which are adopted by reference, or alternate procedures a pproved by the Authority. The operator of a source shall provide the necessary platform and sam pling ports for Authority personnel or others to perform a test of an emissions unit. The Authority shall be allowed to obtain a sample from any emissions unit. The operator of the source shall b e given an opportunity to observe the sampling and to obtain a sample at the same time.

(5) Continuous monitoring and recording. Owners and operators of the following categories ofTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 79 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 hundre d fifty million Btu per hour heat input; or

(b) Only gaseous fuel is burned.

(ii) Sulfur dioxide, except where steam generator capac ity is less than two hundred fifty million Btu per hour heat input or i f sulfur dioxide control equipment is not required.

(iii) Percent oxygen or carbon dioxide where such measu rements are necessary for

the conversion of sulfur dioxide continuous emissio n monitoring data.

(iv) General exception. These requirements do not apply to a fossil fuel-fired steam generator with an annual average capacity factor of less than thirty percent, as reported to the Federal Power Commission for calend ar year 1974, or as otherwise demonstrated to the Authority by the owner(s) or op erator(s).

(b) Sulfuric acid plants . Sulfur dioxide where production capacity is more than three hundred tons per day, expressed as one hundred perc ent acid, except for those facilities where conversion to sulfuric acid is utilized prima rily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur co mpounds.

(c) Fludized bed catalytic cracking units catalyst rege nerators at petroleum

refineries . Opacity where fresh feed capacity is more than t wenty 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.

(ii) Continuous monitoring equipment. The requirements of SWAPCA 400-105(5)(e) do not apply to wood residue fuel-fir ed steam generators, but continuous monitoring equipment required by SWAPCA 400-105(5)(d) shall be subject to approval by the Authority.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 80 (e) Owners and operators of those sources required to install continuous monitoring equipment under this section shall demonstrate to t he Authority, compliance with the equipment and performance specifications and observ e 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 adopted by refer ence.

(f) Special considerations . If for reason of physical plant limitations or ex treme economic situations, the Authority determines that continuou s monitoring is not a reasonable requirement, alternative monitoring and reporting p rocedures shall be established on an individual basis. Alternative monitoring and report ing procedures may include continuous monitoring of process/operational parameters as a s urrogate to continuous emissions monitoring and/or stack tests conducted at a freque ncy sufficient to determine compliance with applicable regulations and permit requirements as well as to quantify emissions.

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

(i) Subject to a new source performance standard. NSP S sources shall be governed by SWAPCA 400-115.

(ii) Not subject to an applicable emission standard.

(h) Monitoring system malfunctions . A source may be temporarily exempted from the monitoring and reporting requirements of this secti on during periods of monitoring system malfunctions provided that the source owner(s) or o perator(s) shows to the satisfaction of the Authority that the malfunction was unavoidable 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 SWAPCA 400-105(1) shall require the submittal of sufficient information to the Authority to determine the effec t of the increase upon ambient concentrations of sulfur dioxide. The Authority may issue regulatory orders requiring controls to reduce the effect of such increases. Cumulative changes in raw material or fuel of less than 0.5 percent increase or decrease in average annual sulfur content over the initial inventory shall not require such notice.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-107 EXCESS EMISSIONS

(1) The owner or operator of a source shall have the burden of proving to the Authority or the

decision-making entity (e.g., Pollution Control Hea rings Board) in an enforcement action thatTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 81 excess emissions were unavoidable. This demonstrati on shall be a condition to obtaining relief under

subsections (4), (5) and (6) of this section.

(2) Excess emissions determined by the Authority to be unavoidable under the procedures and

criteria in this section shall be excused and not s ubject to penalty.

(3) Excess emissions shall be reported to the Authority as soon as possible. Upon request by the

Authority, the owner(s) or operator(s) of the sourc e(s) shall submit a full written report including t he

known causes, the corrective actions taken, and the preventive measures to be taken to minimize or

eliminate the chance of recurrence.

(4) Excess emissions due to startup or shutdown conditi ons 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 occurs, that such bypass is necessary to prevent loss of

life, personal injury, or severe property damage.

(5) Excess emissions due to scheduled maintenance sha ll be considered unavoidable if the source

reports as required under subsection (3) of this se ction and adequately demonstrates that the excess

emissions could not have been avoided through reaso nable design, better scheduling for

maintenance or through better operation and mainten ance practices.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 82 (6) Excess emissions due to upsets shall be considere d unavoidable provided the source reports as

required under subsection (3) of this section and a dequately demonstrates that:

(a) The event was not caused by poor or inadequate des ign, operation, maintenance, or any

other reasonably preventable condition;

(b) The event was not of a recurring pattern indicativ e of inadequate design, operation, or

maintenance; and

(c) The operator took immediate and appropriate correc tive 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 minimize emi ssions, when the operator knew or

should have known that an emission standard or perm it condition was being exceeded.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-109 NOTICE OF CONSTRUCTION APPLICATION

(1) Purpose. A Notice of Construction (NOC) application is the document or form used by the Authority to record and track requests from individ ual sources, registered and non-registered, for the purpose of obtaining information regarding proposed changes or activities at a source. Confidential

information shall be identified as set forth in SWA PCA 400-270. Changes may include modifications, alterations, changes to process or c ontrol equipment, establishment of emission limits, and installation of new sources.

(2) Applicability.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 83 (a) A Notice of Construction application consistent w ith SWAPCA 400-110 shall be submitted for all new installations, modifications, changes, and alterations to process and emission control equipment consistent with the defi nition of new source.

(b) Submittal of a Notice of Construction application s hall not automatically impose New Source Review requirements for meeting emissions st andards (including, but not limited to: NSPS, NESHAPs, any ambient air quality standard , etc.).

(3) Types of Applications. A Notice of Construction application may be submitt ed for, but not be limited to, the following activities:

(a) New construction or installation

. (b) Change of existing approved emission limits (inclu ding Title V opt-out requests -SWAPCA 400-091).

(c) Review of existing or installed equipment operating without prior approval.

(d) Modification, alteration or replacement of existing process or control equipment.

(e) Change of registered owner (purchase or sale of s ource, facility or equipment).

(f) Change of location of operations of existing portab le and stationary equipment.

(g) Review of existing equipment with an expired or l apsed approval or registration.

(h) Review of a case-by-case RACT, BACT, MACT or other similar determination.

(i) Other activities as identified by the Authority.

(4) Fees. A fee consistent with the fee schedule (Tables A an d B) provided in SWAPCA 400-110 shall be paid by the owner or operator to the Autho rity prior to review of the Notice of Construction application by the Authority.

(5) Authority Actions. Each acceptable and complete Notice of Construction application shall have an Order of Approval or other applicable order issued by the Authority. A Notice of Construction for a gasoline dispensing station shal l be submitted and approved as provided in SWAPCA 400-110(8). The requirements of SEPA (State Environmental Policy Act) shall be complied with for each Notice of Construction. Demo nstration of completion of an environmental checklist as provided in WAC 197-11 shall be submit ted with each Notice of Construction. Issuance of regulatory orders for all Notice of Construction applications shall be consistent with the requirements of SWAPCA 400-110. Requirements for Ne w Source Review are provided inTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 84 SWAPCA 400-110, 400-111, 400-112, 400-113 & 400-114 . A Notice of Construction application may be withdrawn prior to issuance of a regulatory order by the Authority as provided in (6) below; or an application may be determined by the Authorit y to be exempt as provided under 400-100, 400-101, or 400-110. An application determined to b e exempt will be processed as identified in (6)

below.

(6) Withdrawal or Exempt.

(a) A Notice of Construction application may be withdra wn by the applicant at any time prior to issuance of a regulatory order. The applic ant must provide a written and signed request to the Authority indicating their desire to withdraw a Notice of Construction application, and certification that the proposed eq uipment or modification will not be installed, constructed, or operated without prior r eview and approval from the Authority. The Authority shall provide written response to acknowl edge withdrawal of the application.

(b) After review by the Authority, an application may b e determined to be exempt from the registration requirements of SWAPCA 400-100 and New Source Review requirements of SWAPCA 400-110. Written notification shall be provi ded by the Authority to the applicant for all applications that are determined to be exem pt. For withdrawn or exempt applications, filing fees will not be refunded to the applicant. Review fees, if provided with the application, may be refunded, upon request, provide d that substantial time has not been expended by the Authority for review of the Notice of Construction application.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 400-110 NEW SOURCE REVIEW

(1) Applicability.

(a) New Source Review (NSR) means that if the new sour ce, modification or substantial alteration or replacement, meets the definition of "new source" then that new source or modification must demonstrate that all applicable e mission standards have been or will be met by the proposed modification or new source. A c omplete Notice of Construction application shall be submitted for each source requ ired to submit an application under the requirements of this section. Confidential informat ion shall be identified as set forth in

SWAPCA 400-270.

Before the Authority may review a Notice of Constru ction application, a filing fee of $75.00
and a review fee, as shown in Table A shall be subm itted by the applicant. If offsetting emission reductions or other types of review identi fied in Table B are required to be performed by the Authority as a result of the propo sed installation, alteration, or modification, an additional review fee shall be pai d. (Total Fee = Filing Fee + Review Fee [Table A] + Additional Review Fee [Table B]).TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 85 Notice of Construction application review fees base d on emissions are to utilize actual or approved emissions, after controls, as supported by test data or emission factors, not potential to emit. Other review fees as noted in th e fee tables are based on design capacities of the source equipment. Where a source may fall un der multiple categories, only one fee per application shall apply; Table A fees are not consi dered additive as they apply to an application. In general, the fee determination shal l be based on the primary emission unit or activity of the new, modified or altered source.

TABLE A

Notice of Construction Application Review Fees

i. Fuel Burning Equipment Fuel New

(Million Btu/hr heat input @ design capacity): Chan ge Installation 2 or more but less than 5 $25.00 $100.00

5 or more but less than 10 50.00 200.00

10 or more but less than 30 100.00 350.00

30 or more but less than 50 200.00 500.00 50 or more but less than 100 300.00 1,000.00 100 or more but less than 250 400.00 2,500.00 250 or more but less than 500 500.00 4,000.00 500 or more 600.00 6,000.00

(b) Discharge from control equipment or from uncontroll ed process equipment (Actual Cubic Feet per Minute - ACFM): Less than 5 $ 100.00
5 or more but less than 5,000 200.00 5,000 or more but less than 20,000 300.00 20,000 or more but less than 50,000 400.00 50,000 or more but less than 100,000 500.00 100,000 or more but less than 250,000 1,000.0 0 250,000 or more but less than 500,000 2,000.0 0 500,000 or more 4,000.00

iii. Refuse Burning Equipment (Incinerators)(Tons/day): 0.5 or more but less than 5 $100.00
5 or more but less than 12 1,000.00 12 or more but less than 250 3,000.00 250 or more 4,000.00TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 86 iv. Storage Tanks, Reservoirs, or Containers (Gallons- total capacity): (Other than gasoline or diesel fuel dispensing facilities) 250 or more but less than 10,000 $ 100.00
10,000 or more but less than 40,000 500.00 40,000 or more but less than 100,000 1,000.00 100,000 or more 2,000.00

v. Gasoline Dispensing Facilities Stage I $100.00 Stage II 200.00 Stages I & II, combined 200.00 Installation of storage tanks greater than 2000 gal lons 100.00 Toxics review for gasoline facility 500.00

vi. Other $100.00/ton (Not classified in Subsection i., ii., iii., or iv. above) of emission

vii. Toxic Air Contaminants $100.00 up to one ton and $100.00 for

each additional ton

viii. Major Source or Major Modification $5,000.00

ix. Synthetic minor application (including, but not limited to: Title V, HAP) Not to exceed $ 5,000.00

x. Particulate Matter and Fugitive Emissions from Roc k Crushing, Material Transfer and Ship Loading (Emissions - tons per year)

1.0 or more but less than or equal to 10 $100. 00 More than 10 but less than or equal to 50 50 0.00 More than 50 but less than or equal to 100 1,0 00.00 More than 100 but less than 250 2,500.00 250 or greater 5,000.00

xi. Modifications to an Existing Order $ 200.00

xii. Installation or Operation of a Temporary, Substit ute or $ 300.00 Emergency Source

TABLE BTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 87 Other Review Fees

The following fees are considered additive to the f iling and review fees assessed for Notice of Construction applications (Table A). These fees app ly to activities that may be requested of and performed by the Authority with or without submitta l of a Notice of Construction application and are not part of the activities normally performed by th e Authority as part of the Notice of Construction application review.

xiii . Emission Offset Analysis or Bubble $200.00

xiv . Emission Reduction Credit (ERC) Application $200.00 (Deposit or withdrawal)

xv. State Environmental Policy Act (SEPA) - Lead Agenc y $1000.00

xvi. Environmental Impact Statement (EIS) Review $50 0.00

xvii. RACT/BACT/MACT/BART/LAER Determination $2,000.00

xviii. Variance request

$500.00

(b) A Notice of Construction application that meets th e minimum requirements for New Source Review must be filed by the owner or operato r and an Order of Approval issued by the Authority prior to the establishment of any new source or emission unit or modification which is listed in SWAPCA 400-100 or required to ob tain an Operating Permit under RCW

70.94.161.

(c) The Authority may require that:

(i) a Notice of Construction application be filed by the owner or operator of a proposed new source or modification,

(ii) the source meets all New Source Review requiremen ts, and

(iii) an Order of Approval be issued by the Authority p rior to the establishment of any new source or emission unit or modification, ot her than a single family or a duplex dwelling.

(d) New Source Review of a modification shall be limi ted to the emission unit or units proposed to be added to an existing source or modif ied and the air contaminants whoseTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 88 emissions would increase as a result of the modific ation.

(e) New Source Review is not required for those sourc es whose facility wide combined emissions (potential to emit) do not exceed the lim its specified in SWAPCA 400-101 or whose emission unit capacities are less than the mi nimum quantities specified in Table A of SWAPCA 400-110(1)(a). The owner or operator of an e xempt facility shall maintain sufficient documentation acceptable to the Authorit y to substantiate that the source is entitled to exemption under this section. An emission unit exempt from registration under SWAPCA 400-100 or 400-101 may be exempt from New So urce Review requirements.

(f) New Source Review is not required when the followin g conditions are met:

(i) Performance of routine maintenance or repair that involves the replacement of like-in-kind air pollution control equipment or con trols. This includes upgrades of parts or components where due to wear or breakage, parts or components must be replaced and exact replacement parts or components are no longer available from the original equipment manufacturer or after market ven dors. In no case shall the replacement parts result in an increase in actual e missions above allowable emissions;

(ii) A process change is made that does not result in a n emission of a different type not previously approved or an increase in capacity and total air pollutant emissions;

(iii) A process change is made that does not result in an emission of a different type of toxic air pollutant, as provided in SWAPCA 460, not previously approved and individual toxic air pollutant emissions do not exc eed the Small Quantity Emission Rates specified in the Small Quantity Emission Rate tables in SWAPCA 460-080 (annual rate);

(iv) A raw material composition change that does not res ult in individual toxic airpollutant emissions that exceed the Small Quanti ty Emission Rates specified in the Small Quantity Emission Rate tables in SWAPCA 460-0 80 (annual rate);.

(g) Any source required to submit a Notice of Constru ction application for New Source Review is required to demonstrate that all applicab le emission standards have been or will be met by the proposed modification or new source. Exa mples of applicable emissions standards may include, but not be limited to: RACT, BACT, LAER, BART, MACT, NSPS, NESHAPS, and any ambient air quality standards as i dentified in Table C. Requirements for new and modified sources and replacement or alterat ion of control equipment are further addressed in SWAPCA 400-111, 400-112, 400-113, 400- 114, and 400-151.

TABLE CTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 89 Emission Concentration Regulatory Standards and Sig nificance Levels

Pollutant Averaging

Period Class II

Significant Impact

Criteria

μ g/m3 Class I

PSD

Increments

μ g/m3 Class II

PSD

Increments

μ g/m3 NAAQS Washington

Primary

Ambient

Standards

μ g/m3 (ppm) Secondary

Ambient

Standards

μ g/m3 (ppm) Ambient

Standards

μ g/m3 (ppm)

Carbon Monoxide (CO)

WAC 173-475 8-hour

1-hour 500

2,000 —

— —

— 10,000 b (9.0)

40,000 b (35.0) 10,000 b (9.0)

40,000 b (35.0) 10,000 b (9.0)

40,000 b (35.0)

Nitrogen Dioxide (NO2) (WAC 173-475 Annual

(arithmetic mean) 1 2.5 2.5 100 (0.05) 100 (0.05) 100 (0.05)

Ozone (03)

WAC 173-475 1-hour

-- -- -- (0.12) (0.12) (0.12)

Sulfur Dioxide (SO2)

WAC 173-474 Annual

24-hour

3-hour

1-hour 1

5

25

-- 2

5

25

-- 20

91

512

-- 80 (0.03)

365 b (0.14)

--

-- --

-- 1300 b (0.50)

-- 53 (0.02)

260 b (0.10)

1,065 b (0.40) d

Total Reduced Sulfur (TRS) 1-hour

-- -- -- -- -- ----

Total Suspended Particulates (TSP)

WAC 173-470 Annual

(geometric

mean 24-hour 1

5 5

10 19

37 75

260 b 60

150 b 60

150 b

Particulate Matter

less than 10 μ m (PM 10 )

WAC 173-470 Annual

(geometric

mean 24-hour 1

5 -----

-------- 17

30 50

150 h 50

150 h 50

150 h

Lead Quarterly

Average ---- ---- ---- 1.5 1.5 1.5

μ g/m3 = micrograms per cubic meter; ppm = parts per million

a -Never to be exceeded b - Not to be exceeded more than once per year c - This is not a standard, rather it is to be used as a guide in assessing whether implementation pla ns will achieve the 24-hour standard d -Also, 0.25 ppm not to be exceeded more than twic e in seven days e -Not to be exceeded on more than 1 day per calend ar year as provided in WAC 173-475

Annual standards never to be exceeded; short term standards not to be exceeded more than once per yea r unless otherwise noted. Sources include the EPA New Sources Review Workshop Manual, 40 CFR 52.21 and individual WAC Chapters.

The significant impact criteria are used to determi ne if a proposed project or modification will cause a significant deterioration in ambient air quality fo r Class II areas. If a proposed project impacts (i. e., changes in ambient concentrations resulting from th e proposed project or modification alone) are predicted to be less than the significant impact cr iteria, then the air quality analysis is complete a t thatTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 90 point. If the ambient impact of a proposed project or modification exceeds these levels, compliance wi th available PSD increments and AAQS must then be demo nstrated. If a proposed project or modification exceeds the significant ambient concentrations for Class II areas, monitoring of existing ambient air quality may be required if data sufficient to chara cterize background air quality are not available.

(2) Completeness determination. Within thirty (30) calendar days of receipt of a No tice of Construction application, the Authority shall eithe r notify the applicant in writing that the applicat ion is complete or notify the applicant in writing of all additional information necessary, based upon review of information already supplied, to complete the appli cation as provided under RCW 70.94.152. For a project subject to PSD review under SWAPCA 400-141 a completeness determination includes a determination that the application provides all inf ormation required to conduct PSD review. The Authority may request additional clarification of i nformation submitted from the source after a completeness determination has been made for a Noti ce of Construction application.

(3) Final determination / Regulatory Orders.

(a) Within sixty (60) calendar days of receipt of a com plete application, the Authority shall either issue a final decision on the application or, for t hose projects subject to public notice, issue a preliminary determination and initiate notice and c omment procedures under SWAPCA 400-171 on a proposed decision, followed as promptly as pos sible by a final decision. An owner or operator seeking to construct or modify a source that requir es an operating permit may elect to integrate review of the operating permit application or amend ment required under RCW 70.94.161 and the Notice of Construction application required by this section. A Notice of Construction application designated for integrated review shall be processed in accordance with SWAPCA-401 procedures

and deadlines.

(b) Every final determination on a Notice of Constructi on application that results in the issuance of an Order of Approval by the Authority shall be r eviewed and signed prior to issuance by a professional engineer or staff under the direct sup ervision of a professional engineer in the employ of the Authority.

(c) If the new source is a major stationary source or the change is a major modification, the Authority shall submit any control technology deter mination(s) included in a final. Order of Approval to the RACT/BACT/LAER clearinghouse mainta ined by EPA.

(4) Appeals. An Order of Approval, any conditions contained in an Order of Approval, the denial of a Notice of Construction application, or any oth er regulatory order issued by the Authority, may be appealed to the Board of Directors as specified in SWAPCA 400-220 of this regulation or appealed directly to the Pollution Control Hearings Board within 30 calendar days of receipt as provided in Chapter 43.21B RCW. The Authority shall promptly mail copies of each order approving or denying a Notice of Construction appli cation to the applicant and to any other party who submitted timely comments on the application, a long with a notice advising the parties of theirTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 91 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 locate temporarily at pa rticular sites, the owner(s) or operator(s) shall be allowed to operate at the temporary location without filing a Notice of Construction application for each location provi ded that:

(a) The source/emissions units are registered with the Authority.

(b) The source/emissions units have an Order of Appro val as a portable source.

(c) The owner(s) or operator(s) notifies the Authorit y of intent to operate at the new location at least ten business days prior to starti ng the operation.

(d) The owner(s) or operator(s) supplies sufficient i nformation including production quantities and hours of operation, to enable the Au thority to determine that the operation will comply with the emission standards for a new source , and will not cause a violation of applicable ambient air quality standards and, if in a nonattainment area, will not interfere

with scheduled attainment of ambient standards.

(e) The owner(s) and/or resident(s) of immediately ad jacent properties shall be notified by the owner(s) or operator(s) of the portable source in writing at least 10 business days prior to commencement of operations at the proposed location with copies mailed to the Authority. Written notification to the adjacent landowners/res idents shall be by certified mail with return receipt requested. Such written notification shall include a complete description of the proposed operation, the associated emissions contro l provisions and equipment, the total estimated project emissions, the name, address and phone number of the person in charge of the operation, and the address and phone number for SWAPCA. Written notification shall

indicate that all comments shall be directed to the Authority.

(6) Compliance. Noncompliance with any emission limit, test require ment, reporting requirement or other requirement identified in a re gulatory order issued pursuant to this section shal l

be considered a violation of this section.

(7) Expiration. Approval to construct or modify a stationary sourc e shall become invalid if construction is not commenced within eighteen month s after the date of issuance of an Order of Approval, if construction is discontinued for a per iod of eighteen months or more, or if construction is not completed within a reasonable time. The Auth ority may extend the eighteen-month period upon a satisfactory demonstration that an extension is justified. This provision does not apply to the time period between construction of the approved ph ases of a phased construction project; each phase must commence construction within eighteen mo nths of the projected and approved commencement date. The Authority may specify an ear lier date for commencement of constructionTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 92 in an Order of Approval.

(8) Temporary, Emergency, or Substitution Sources. (a) A temporary source shall be considered to be a new source. The Authority may require that a Notice of Construction application and appli cable review fees be submitted before reviewing a request for a temporary, emergency or s ubstitution source. The Authority may provide approval for special situations for a sourc e without meeting the requirements for New Source Review when one or more of the following conditions are met:

(i) The temporary source is needed to replace a previ ously approved similar source where the approved source is non-functional due to breakdown or other similar circumstances beyond the control of the owner or op erator. This may include replacement steam or power supply units where facil ities have an immediate need to continue production or service to public or private industries, or have a need for an extended or unscheduled shutdown of equipment that is of a duration not otherwise planned for. The Authority may provide written appr oval for a temporary source that may include but not be limited to emission limits, operational or maintenance requirements or limitations, monitoring and reporti ng requirements, and testing requirements. Installation of a temporary source d ue to poor or improper maintenance or operations is required to submit a N otice of Construction application for permanent replacement within 30 days of install ation.

(ii) The temporary source is necessary to support publ ic or private needs in the event of a local or regional disaster when proper p lanning could not be accommodated. In no event shall the temporary sourc e be authorized for operations for durations greater than three months. Written ap proval shall be provided by the Authority that may contain but not be limited to: e mission limits, operation and maintenance requirements and limitations, monitorin g and reporting requirements, and testing requirements. For operations greater th an three months the owner or operator shall submit a Notice of Construction appl ication under New Source Review requirements (SWAPCA 400-110) for approval from the Authority.

(iii) The temporary source is a one time special need, urgent application, that can not otherwise be accommodated through the New Sourc e Review process due to the

critical nature of the source and time constraints. As a condition of approval under this expedited approval process, a new source of th is type could not request to be allowed or expected to operate within the jurisdict ion of the Authority for the following three years. Written approval shall be pr ovided by the Authority that may contain but not be limited to: emission limits, ope ration and maintenance requirements and limitations, monitoring and report ing requirements and testing requirements. In no case shall approval be provided for operation greater than three months. For operations greater than three months, t he owner or operator shall submitTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 93 a Notice of Construction application under the New Source Review requirements of

SWAPCA 400-110.

(b) An emergency source is the result of an emergency situation that could not otherwise be planned for. The Authority shall provide written ap proval for an emergency source provided that the owner or operator has provided sufficient documentation or demonstration of the

need for the source to the satisfaction of the Cont rol Officer. The written approval may include but not be limited to: emission limits, ope ration and maintenance requirements and limitations, monitoring and reporting requirements, and testing requirements. In no case shall approval be provided for operations greater t han three months.

(c) A substitute source is the same as a temporary so urce as in (a) above. A substitute source may be of a different manufacturer and model number and size and may result in increased emissions from installation from previously approve d equipment on a short term basis. The Authority shall provide written approval for a subs titute source that may include but not be limited to: emission limits, operational or mainten ance requirements or limitations, monitoring and reporting requirements, and testing requirements. In no event shall the substitute source be authorized for operations for durations greater than three months. For operations greater than three months, the owner or operator shall submit a Notice of Construction application under the New Source Revie w requirements of SWAPCA 400-110.

(9) Gasoline dispensing facilities

(a) Owners or operators of gasoline dispensing facili ties shall submit a Notice of Construction application for all new or upgraded fa cilities as defined in SWAPCA 491 prior to installation, construction or modification. New Source Review fees shall apply for all Notice of Construction applications as identified i n SWAPCA 400-110. Installation of vapor control equipment and compliance schedules sh all be as provided in SWAPCA. 491. Applications for installation of Stage II equipment shall include a Stage I application if the tanks, spill/overfill collection, cathodic protecti on or Stage I controls are to be replaced, changed or modified as part of the Stage II activit y.

(b) All gasoline vapor control equipment installed at gasoline dispensing facilities shall be certified by the California Air Resources Board (CA RB) and shall have a CARB Executive Order issued for the vapor control equipment.

(c) A Notice of Construction application for a gasoli ne dispensing facility shall be submitted to the Authority prior to installation, c onstruction, or upgrade of gasoline dispensing equipment, control equipment, or facilit ies.

(d) The Authority shall provide written notification to the applicant within 30 calendar days of receipt of the application if the application is complete and in accordance with applicableTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 94 requirements. An Order of Approval may not be issu ed for a Notice of Construction for gasoline dispensing facilities and the public notic e and comment procedures may not be required if the Notice of Construction application provides for certified or approved equipment and controls as identified in (b) above. The applicant may begin construction, upgrade, or operation upon receipt of written notif ication of approval of the application from the Authority. Written approval from the Authority may contain additional testing, monitoring and reporting requirements.

(e) Within 10 calendar days of installation of a new fa cility, Stage I or Stage II controls, or upgrades as provided in SWAPCA 491-020, the owner o r operator shall notify the Authority in writing that the activities as identified in the Notice of Construction and associated testing are complete. Test results shall be submitted to S WAPCA within 14 calendar days of testing.

(f) All new facilities with Stage I gasoline vapor reco very systems shall have a back pressure/blockage test performed at the time of ins tallation to ensure proper connection and

absence of leaks.

(g) All new installations of Stage II vapor recovery co ntrols shall have a static pressure decay test performed at the time of installation in accordance with CARB draft TP201.3 or an Authority approved equivalent. Identification of t he test method shall be included in the Notice of Construction application and results of t he testing shall be submitted to the Authority with the notification provided in (e) abo ve. The Authority may specify other or additional test requirements in the written Order o f Approval. This testing shall be performed annually by each new facility to ensure p roper operation. Results of the testing shall be submitted to SWAPCA provided in (e) above.

(h) All vacuum assisted Stage II vapor recovery control s shall be performance tested by performance of an air to liquid ratio test at the t ime of installation. Such testing is in addition to the back pressure/blockage testing and static pressure decay test of items (f) and (g) above and shall be performed in accordance with the CARB Executive Order certifying the equipment, CARB draft test procedure TP-201.5, or an Authority approved equivalent. Identification of the preferred test method shall b e included in the Notice of Construction application and results of the testing shall be sub mitted to the Authority with the notification provided in (e) above. The Authority may specify o ther or additional test requirements in the written Order of Approval.

(i) Stage I and Stage II vapor recovery equipment sha ll be maintained in proper working order at all times. All Stage I andr Stage II gaso line vapor recovery equipment shall be

maintained in accordance with the CARB Executive Or ders(s) certifying the equipment or system. Whenever a Stage I or Stage II gasoline va por recovery system or component is determined to be defective or not operating properl y, the owner or operator shallTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 95 immediately take the system out of service until re pairs are made. Systems shall not be returned to service until the defective system is o perating properly.

(j) Delivery rates for the gasoline dispensing systems shall be limited to the rates approved in the CARB Executive Order certifying the equipmen t or system, and in no case shall any delivery system exceed 10 gallons per minute as pro vided by EPA in the Federal Register, Volume 58, Number 55, page 16019.

(k) The owner or operator shall submit gasoline through put figures annually (on a calendar basis) to the Authority by January 31 of each year.

(l) The owner or operator of a gasoline dispensing fa cility and/or the delivery person shall not permit the loading of gasoline into a gasoline storage tank equipped with vapor recovery fittings from a transport tank equipped with vapor recovery fittings unless the vapor recovery system is attached to the transport tank and operat ed satisfactorily at all times when fuel is

unloaded.

(m) Pressure/vacuum valves shall be installed as requ ired by the CARB Executive Orders that certify the particular Stage I or Stage II vap or recovery equipment. Relief set points shall be adhered to as provided in the applicable C ARB Executive Orders and local fire

ordinances.

(n) Any alteration of the equipment, parts, design, or operation of the nozzles or gasoline dispensing system as certified by CARB is prohibite d, and shall not be performed without submittal of a Notice of Construction application a nd prior approval from the Authority.

(o) No person or entity shall sell, offer for sale , supply, offer for supply, dispense, transport, or introduce into commerce, for use as a fuel in an y motor vehicle any gasoline which contains lead or lead additives after December 31, 1995 as provided at Section 211(n) of the

1990 Federal Clean Air Act Amendments.

State effective: 11/26/96; EPA effective: 6/30/97

SWAPCA 400-111 REQUIREMENTS FOR SOURCES IN A MAINT ENANCE PLAN

AREA

Any person proposing to install, construct or opera te a new source or emission unit or make a modification to an existing source or emission unit shall file a Notice of Construction application with the Authority in accordance with SWAPCA 400-10 9 and shall be subject to the New Source Review provisions of SWAPCA 400-110. Confidential i nformation shall be identified as set forth in SWAPCA 400-270. A Notice of Construction applicatio n to establish a new source or make a

modification to a source in an area that is covered by a maintenance plan, shall result in the issuanc e of an Order of Approval or other regulatory order. Such order shall contain such conditions as areTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 96 reasonably necessary to assure the maintenance of c ompliance with this section, if it is determined that the proposed project satisfies all of the requ irements of this section. New sources or modifications within a designated maintenance plan area, including sources of VOC or NO x in a designated ozone maintenance plan area, shall meet the requirements listed below.

(1) Emission Standards. The proposed new source or modification shall:

(a) comply with all applicable New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, emission st andards adopted under Chapter 70.94 RCW and, the applicable emission standards of the A uthority; and

(b) not cause any ambient air quality standard as provi ded in SWAPCA 400-113(3) to be exceeded; and

(c) not violate the requirements for reasonable furthe r progress established by the Washington State Implementation Plan; and

(d) minimize emissions to the extent that the new sou rce or modification will not delay the attainment date for a nonattainment area, exceed em ission levels or other requirements provided in a maintenance plan for an area that was previously identified as a nonattainment area, nor cause or contribute to a violation of any ambient air quality standard.

(2) BACT. Except as provided in Subsection (8) of this sectio n, the owner or operator of the proposed new source or modification shall apply BAC T for each pollutant. In the case of a modification, the requirement for BACT shall apply to each new or modified emission unit which increases emissions. For phased construction projec ts, the determination of BACT shall be reviewed at the latest reasonable time prior to commencement of construction of each independent phase.

(3) Source Compliance. The owner or operator of the proposed new source or modification shall certify that all sources owned or operated by such person (or by an entity controlling, controlled by, or under common control with such person) in Washin gton are in compliance or on a schedule for compliance, with all applicable emission limitation s and standards under the Washington Clean Air Act (RCW 70.94). (4) Offsets or Growth Allowance. The owner or operator of a proposed new major sourc e or major modification shall provide offsets as specifi ed in Subsection (9) of this section. Except as provided in Subsection (8) of this section, the req uirements of this Section may be met in whole or in part in an ozone maintenance plan area with an allo cation by SWAPCA from a growth allowance, if available, in accordance with Subsection (9) of thi s section and the applicable maintenance plan in the SIP adopted by the Board and approved by EPA.

(5) Net Air Quality Benefit. For cases in which emission reduction or offsets ar e required in accordance with Section (4) above, the applicant sh all demonstrate that a net air quality benefit willTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 97 be achieved in the maintenance plan area. If the pr oposed new source or the proposed modification is major for the contaminant for which the area has a maintenance plan, allowable emissions of the maintenance pollutant from the proposed new source or modification shall be offset by reductions in actual emissions of the maintenance pollutant. All offsetting emission reductions must satisfy the following requirements of Subsection (8).

(6) Alternative Analysis.

(a) Except as provided in Subsection (c) of this sect ion, the owner or operator of a proposed major source or major modification shall conduct an alternatives analysis;

(b) This analysis shall include an evaluation of alter native sites, sizes, production processes, and environmental control techniques for such proposed source or modification which demonstrates that benefits of the proposed so urce or modification significantly out weigh the environmental and social costs imposed as a result of its location, construction or modification;

(c) This analysis shall not be required for a major so urce or major modification that is subject to this rule due to emissions of particulat e matter in a designated TSP maintenance

area.

(7) Contingency Plan Requirements. If the contingency plan in an applicable maintenanc e plan (CO or ozone) has been triggered due to a violation of an ozone ambient air quality standard or a second violation of the CO ambient air quality stan dard, this Section shall apply in addition to other requirements of this rule and the applicable approv ed maintenance plan adopted by the Board and approved by EPA as a revision to the SIP.

(a) The requirements for BACT in Section (2) of this S ection shall be replaced by a requirement for LAER. If the new source is a major stationary source or the proposed modification is a major modification, it must achie ve LAER for the maintenance pollutant and for which the proposed new source or modificati on is major.

(b) An allocation from a growth allowance shall not be used to meet the requirement for offsets in Section (4) of this Section. The growth allowance emissions shall be unavailable

until such time as sufficient demonstration is made to reinstate the growth allowance

emissions.

(8) Industrial Growth Allowance and Offset Allocat ion.

(a) Industrial growth allowances for sources in a maint enance plan area are identified in and governed by the Washington State Implementation Plan and the applicable maintenance plan for the applicable maintenance plan area.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 98 (b) The growth allowance emissions may be increased or decreased as provided in a revision to the maintenance plan submitted to and a pproved by EPA. In the event of a confirmed ozone violation, the growth allowance for VOC and NO x emissions shall be eliminated and new sources shall be required to imp lement LAER and offsets. Growth allowance emissions may be reinstated as provided i n the EPA approved maintenance plan.

(c) The owner or operator of a proposed new major sou rce or major modification emitting VOCs or NOx, may obtain a portion of any remaining emissions in the respective growth allowance in accordance with the following process:

(i) Access is on a first-come-first-served basis, bas ed on the date of a complete notice of construction and allowance allocation req uest;

(ii) No single source may receive an emissions allocati on of more than 50% of any remaining growth allowance, or up to 10.0 tons per year, whichever is greater. On a case-by-case basis, the SWAPCA Board of Directors m ay approve an emissions allocation of greater than 50% upon consideration o f the following:

(A) Information submitted by the source to SWAPCA justi fying its request for exceeding the 50% emissions allocation, based o n significant economic, employment, or other benefits to the maintenance pl an area that will result from the proposed new major source or major modific ation;

(B) Information provided by SWAPCA on other known new major sources or major modifications seeking an emissions allocat ion from the same growth allowance; and

(C) Other relevant information submitted by the sourc e or SWAPCA.

(iii) To avoid jeopardizing maintenance of the ozone st andard during the interim years of the ozone maintenance plan, SWAPCA shall a llocate only a portion of the

VOC and NO x growth allowances each year. SWAPCA will track use of VOC and

NO x emissions from the growth allowances. The amount of the growth allowance that can be allocated each year is identified in the app licable ozone maintenance plan.

(iv) The amount of the CO growth allowance that can be allocated is identified in the applicable CO maintenance plan, if any.

(d) If no emissions remain in the respective growth a llowance or the contingency plan has been triggered which effectively zeros the growth a llowance, the owner or operator of the proposed major source or major modification shall p rovide offsets. Applicants in aTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 99 maintenance area shall demonstrate the following:

(i) A demonstration shall be provided showing that th e proposed offsets will improve air quality in the same geographical area a ffected by the new source or modification. This demonstration may require that a ir quality modeling be conducted according to the procedures specified in 40 CFR Par t 51, Appendix W, Guideline on Air Quality Models (Revised).

(ii) Offsets for VOCs or nitrogen oxides shall be with in the same maintenance plan area as the proposed source. Offsets for particulat e matter, PM

10 , sulfur dioxide, carbon monoxide, nitrogen dioxide, lead, and other pollutants shall be less than the level of significant air quality impact.

(iii) New sources or modifications shall meet the follo wing offset requirements:

(A) within a designated maintenance plan area, the of fsets shall provide reductions which are equivalent or greater than the proposed increases. The offsets shall be appropriate in terms of short term , seasonal, and yearly time periods to mitigate the impacts of the proposed emi ssions;

(B) outside a designated maintenance plan area, owner s or operators of new sources or modifications which have a significant a ir quality impact on the maintenance plan area as provided in SWAPCA 400-113 (3) shall provide emission offsets which are sufficient to reduce imp acts to levels below the significant air quality impact level with the maint enance plan area; and

(C) The emission reductions must provide for a net ai r quality benefit.

(I) New major sources within an ozone maintenance plan area shall:

(a) Offset the new VOC emissions at a ratio of 1.1 to 1, if the VOC emissions exceed either 100 tons per year or 70 0 pounds per day.

(b) Offset the new NO x emissions at a ratio of 1.1 to 1, if the

NO x emissions exceed either 100 tons per year or 700 po unds per day.

(II) Sources within an ozone maintenance plan area und ergoing major

modifications shall:

(a) Offset the entire VOC emissions increase at a rat io of 1.1 to 1, if such increase exceeds either 40 tons per y ear or 290TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 100 pounds per day.

(b) Offset the entire NO x emissions increase at a ratio of 1.1 to 1, if such increase exceeds either 40 tons per y ear or 290 pounds per day.

(III) New major sources within a carbon monoxide mainte nance plan

area shall:

(a) Offset the new carbon monoxide emissions at a rat io of 1

to 1, if the carbon monoxide emissions exceed eithe r 100 tons per year or 700 pounds per day.

(IV) Sources within a carbon monoxide maintenance plan a rea undergoing major modifications shall:

(a) Offset the entire carbon monoxide emissions incre ase at a ratio of 1 to 1, if such increase exceeds either 10 0 tons per year or 700 pounds per day.

(D) New major sources or major modifications with CO e missions greater than 250 tpy are required to obtain offsets and com ply with the PSD requirements of SWAPCA 400-141.

(iv) The emission reduction shall be of the same type o f pollutant as the emissions

from the new source or modification. Sources of PM 10 shall be offset with particulate in the same size range.

(v) The emission reductions shall be contemporaneous, that is, the reductions shall take effect prior to the time of startup but not mo re than two years prior to the submittal of a complete notice of construction appl ication for the new source or modification. This time limitation may be extended through banking, as provided in SWAPCA 400-130, 400-131 and 400-136 for banking act ivities approved after the effective date of this regulation. In the case of r eplacement facilities, SWAPCA may allow simultaneous operation of the old and new fac ilities during the startup period of the new facility provided that emissions do not exc eed the new emission limits.

(vi) New major sources or major modifications in a main tenance plan area shall comply with the following:

(A) The proposed new level of allowable emissions of th e source or emissions units providing the reduction must be les s than the current level ofTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 101 actual emissions of that source or emission unit(s) . No emission reduction can

be credited for actual emissions which exceed the c urrent allowable emissions of the source or emissions unit(s) provid ing the reduction. Emission reductions imposed by local, state, or fed eral regulations, regulatory orders or permits cannot be credited.

(B) If the offsets are provided by another source, th e reductions in emissions from that source must be federally enforceable by t he time the new or modified source commences operation. The new source may not commence operation before the date such reductions are actua lly achieved. SWAPCA may allow simultaneous operation of the old and ne w facilities during the startup period of the new facility provided that th e facility wide emissions do

not exceed the new emission limit.

(9) PSD Applicability. If the proposed new source is a major stationary s ource or the proposed modification is a major modification for the purpos es of the PSD program as described in SWAPCA 400-141, the new source or modification shall meet the requirements of that program for all pollutants. For maintenance plan pollutants, the so urce shall meet all PSD requirements in addition to the additional requirements of this Section.

(10) Toxics. If the proposed new source or modification will emi t any toxic air pollutants regulated under SWAPCA 460, the source shall meet a ll applicable requirements of that regulation.

(11) Visibility. If the proposed new source is a major stationary s ource or the proposed modification is a major modification, the source sh all meet all the visibility protection requirements of 40 CFR 52.27 as in effect on. August 1, 1995.

(12) Noncompliance. Noncompliance with any emission limit, test require ment, reporting requirement or other requirement identified in a re gulatory order issued pursuant to this section shal l

be considered a violation of this section.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 400-112 REQUIREMENTS FOR NEW SOURCES IN NON ATTAINMENT

AREAS

A Notice of Construction application to establish a new source or make a modification to a source in a nonattainment area, shall result in the issuance of an Order of Approval or other regulatory order, which contains such conditions as are reasonably ne cessary to assure the maintenance of compliance with this section, if the Authority determines that the proposed project satisfies each of the followi ng requirements:

(1) The proposed new source or modification will comp ly with all applicable New SourceTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 102 Performance Standards, National Emission Standards for Hazardous Air Pollutants, emission standards adopted under Chapter 70.94 RCW and, the applicable emission standards of the Authority.

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

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 ambien t air quality standard to be exceeded, will not violate the requirements for reasonable fu rther progress established by the Washington State Implementation Plan and will comply with SWAP CA 400-113(3) for all contaminants for which the area has not been designated nonattainmen t.

(4) If the proposed new source is a major stationary source or the proposed modification is a major modification, and the Authority has determine d, based on review of an analysis performed by the source of alternative sites, sizes , production processes, and environmental control techniques, that the benefits of the projec t significantly outweigh the environmental and social costs imposed as a result of its location, c onstruction, or modification.

(5) If the proposed new source or the proposed modifica tion is major for the contaminant for which the area is designated nonattainment, allowab le emissions of the pollutant for which the area has been designated nonattainment from the pro posed new source or modification are offset by reductions in actual emissions of the pol lutant for which the area has been designated nonattainment from existing sources in the nonattai nment area so as to represent (when considered together with the nonattainment provisio ns of section 172 of the FCAA) reasonable further progress. All offsetting emission reduction s must satisfy the following requirements:

(a) The proposed new level of allowable emissions of t he source or emissions units providing the reduction must be less than the curre nt level of actual emissions of that source or emission unit(s). No emission reduction c an be credited for actual emissions

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

(b) The emission reductions must provide for a net air quality benefit.

(i) New major sources within a marginal ozone nonattai nment area shall:

(A) Offset the new VOC emissions at a ratio of 1.1 to 1, if the VOC emissions exceed either 100 tons per year or 700 po unds per day.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 103 (B) Offset the new NO x emissions at a ratio of 1.1 to 1, if the NO x emissions exceed either 100 tons per year or 700 pounds per d ay.

(ii) Sources within a marginal ozone nonattainment area undergoing major

modifications shall:

(A) Offset the entire VOC emissions increase at a rat io of 1.1 to 1, if such increase exceeds either 40 tons per year or 290 pou nds per day.

(B) Offset the entire NO x emissions increase at a ratio of 1.1 to 1, if such increase exceeds either 40 tons per year or 290 pou nds per day.

(iii) New major sources within a moderate carbon monoxi de nonattainment area

shall:

(A) Offset the new carbon monoxide emissions at a rat io of 1 to 1, if the carbon monoxide emissions exceed either 100 tons pe r year or 700 pounds per day.

(iv) Sources within a moderate carbon monoxide nonatta inment area undergoing major modifications shall:

(A) Offset the entire carbon monoxide emissions incre ase at a ratio of 1 to 1, if such increase exceeds either 100 tons per year o r 700 pounds day.

(c) If the offsets are provided by another source, th e reductions in emissions from that source must be federally enforceable by the time th e new or modified source commences operation. The new source may not commence operatio n before the date such reductions are actually achieved. An emission reduction credit iss ued under SWAPCA 400-131 may be used to satisfy some or all of the offset requireme nts of this subsection.

(6) Noncompliance with any emission limit, test require ment, reporting requirement or other requirement identified in a regulatory order issued pursuant to this section shall be considered a

violation of this section.

(7) If the proposed new source is a major stationary 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 the EPA-approved Washington State Implementation

Plan.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 104 (8) If the proposed new source is a major stationary source or the proposed modification is a major modification for the purposes of the PSD program de scribed in SWAPCA 400-141 it meets the requirements of that program for all contaminants f or which the area has not been designated

nonattainment.

(9) If the proposed new source or modification will e mit any toxic air pollutants regulated under SWAPCA 460, the source meets all applicable require ments of that Chapter.

(10) If the proposed new source is a major stationary so urce or the proposed modification is a major modification, the Authority has complied with the visibility protection review requirements of 40 CFR 52.28(c) through (h), as in effect on August 1, 1996, and determined that the project meets the criteria set forth in 40 CFR 52.28(g). For purp oses of this subsection definitions referenced in 4 0 CFR 52.28(b) are incorporated by reference, except that the term "visibility protection area" means any Class I area, and terms defined in SWAPCA 400-0 30 shall have the meanings defined in that

section. References in 40 CFR 52.28 to "the Adminis trator" shall mean the agency (either Ecology or the Authority) processing the Notice of Construc tion application.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 400-113 REQUIREMENTS FOR NEW SOURCES IN ATT AINMENT OR

NONCLASSIFIABLE AREAS

Any person proposing to install, construct or opera te a new source or emission unit or modification to an existing source or emission unit shall file a Notice of Construction application with the Authority and shall be subject to the New Source Re view provisions of SWAPCA 400-110.

Confidential information shall be identified as set forth in SWAPCA 400-270. A Notice of Construction application to establish a new source or make a modification to a source in an area that is in attainment or unclassifiable for any air cont aminant the proposed 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 NOx, shall result in the issuance of an Ord er of Approval or other regulatory order. Such

order shall contain such conditions as are reasonab ly necessary to assure the maintenance of compliance with this section, if it is determined t hat the proposed project satisfies all of the following requirements:

(1) The proposed new source or modification will comply with all applicable New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, emission standards adopted under Chapter 70.94 RCW and the a pplicable emission standards of the Authority.

(2) The proposed new source or modification will employ 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 source or modification will not delay theTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 105 attainment date for an area not in attainment or un classifiable nor cause or contribute to a violation of any ambient air quality standard. This requirement will be considered 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 m odification at any location within a nonattainment area does not exceed the following le vels for the pollutant(s) for which the area has been designated nonattainment:

Pollutant Average Average Average Average Aver age CO - - 0.5 mg/m

- 2 mg/m 3 SO 2 1.0 μ g/m 3 5 μ g/m 3 - 25 μ g/m 3 30 μ g/m 3
PM 10 1.0 μ g/m 3 5 μ g/m 3 - - - NO 2 1.0 μ g/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 stationary source or the proposed modification is a major modification for purposes of the PSD program descri bed in SWAPCA 400-141, it meets all applicable requirements of that section.

(5) If the proposed new source or the proposed modifi cation will emit any toxic air pollutants regulated under SWAPCA 460, the source meets all ap plicable requirements of that Program.

(6) Noncompliance with any emission limit, test requi rement, reporting requirement or other requirement identified in a regulatory order issued pursuant to this section shall be considered a

violation of this section.

(7) If, within the meaning of the PSD program describ ed in SWAPCA 400-141, the proposed new source is a major stationary source or the proposed modification is a major modification, the source would not cause an adverse impact upon visibility.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 400-114 REQUIREMENTS FOR REPLACEMENT OR SUB STANTIAL

ALTERATION OF EMISSION CONTROL TECHNOLOGY AT AN EXI STING

STATIONARY SOURCE

(1) Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source or emission unit s hall file a Notice of Construction application with the Authority and shall be subject to the New Sourc e Review process of SWAPCA 400-110. If the replacement or substantial alteration meets the def inition of "new source" or "modification" then the new source emissions standards of SWAPCA 400-111, 4 00-112 or SWAPCA 400-113 shall apply. If the replacement or substantial alteration does n ot meet the definition of "new source" orTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 106 "modification" then RACT or other requirements shal l apply. Replacement or substantial alteration of control technology does not include routine main tenance, repair or parts replacement.

(2) For projects not otherwise reviewable under SWAPC A 400-110, the Authority may:

(a) Require that the owner or operator employ RACT fo r the affected emission unit;

(b) Prescribe reasonable operation and maintenance cond itions for the control equipment;

and

(c) Prescribe other requirements authorized by Chapte r 70.94 RCW.

(3) Within thirty calendar days of receipt of a Notice of Construction application under this section the Authority shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application. Within thirty calendar days of receipt of a complete Notic e of Construction application under this section the Authority shall either issue an Order of Approv al or a proposed RACT determination for the proposed project.

(4) Construction shall not commence, as defined in SW APCA 400-030(16), on a project subject to review under this section until the Authority issue s a final Order of Approval. However, any Notice of Construction application filed under this sectio n shall be deemed to be approved without conditions if the Authority takes no action within thirty days of receipt of a complete Notice of Construction application. The Authority may reques t clarification of information submitted in support of the application after the application ha s been determined to be complete.

(5) An Order of Approval to replace or substantially alter emission control technology shall

become invalid if construction is not commenced wit hin eighteen months from the date of issuance of an Order of Approval, if construction is discont inued for a period of eighteen months or more, or if construction is not completed within a reasonabl e time. The Authority may extend the eighteen month period upon a satisfactory demonstration that an extension is justified. This provision does not apply to the time period between construction o f the approved phases of a phased construction project; each phase must commence construction with in eighteen months of the projected and approved commencement date. The Authority may speci fy an earlier date for commencement of construction in an Order of Approval.

(6) Noncompliance with any emission limit, test require ment, reporting requirement or other requirement identified in a regulatory order issued pursuant to this section shall be considered a

violation of this section.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 400-116 MAINTENANCE OF EQUIPMENTTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 107 (1) Any equipment, including features, machines, and devices constituting parts of or called for by plans, specifications, or other information submitt ed for approval or required as part of an approval shall be maintained and operate in good working ord er. Defective or malfunctioning equipment that emit air pollutants shall be repaired immediately o r shall be taken out of service.

(2) Any equipment that serves as air contaminant cont rol or capture equipment shall be maintained and operate in good working order at all times in a ccordance with good operations and maintenance practices and in accordance with Authority approval conditions. Defective or malfunctioning equipment shall be repaired immediately or shall be taken out of service.

(3) SWAPCA shall have the authority to require that an Operations and Maintenance (O&M) plan be developed and implemented for each emission unit or piece of control or capture equipment in order to assure continuous compliance with approval conditions. A copy of the plan shall be available for site inspections. The plan shall ref lect good industrial practice and shall include periodic inspection of all equipment and control ap paratus, monitoring and recording of equipment and control apparatus performance, prompt repair of any defective equipment or control apparatus, procedures for start up, shut down and normal opera tion, and a record of all actions required by the plan. The plan shall be reviewed by the source or owner at least annually and updated to reflect any changes in good industrial practices. The O&M plan shall be available at or near the equipment it applies to so as to assist operations and maintenan ce personnel in assuring good operations and maintenance practices as well as the ability to log and record equipment performance parameters. As a minimum, the O&M plan shall contain each of th e parameters required to be monitored, logged or recorded as provided in an Order of Approval.

(4) Noncompliance with any emission limit, test require ment, reporting or record keeping requirement or other requirement identified in a re gulatory order issued pursuant to this section shal l

be considered a violation of this section.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 400-151 RETROFIT REQUIREMENTS FOR VISIBILIT Y PROTECTION

(1) Determination of best available retrofit technolog y (BART). The Authority shall identify and analyze each source which may reasonably be ant icipated to cause or contribute to impairment of visibility in any mandatory Class I area in Wash ington 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 source

.

(2) Initially defined BART. The owner(s) or operator(s) of any source(s) to whi ch 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

.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 108 (3) Future definitions of BART. The owner(s) or operator(s) of any source(s) to whi ch significant visibility impairment of a mandatory Class I area i s reasonably attributable shall apply BART as new technology becomes available for a contaminant if:

(a) The source emits more than 250 tons per year of th e contaminant; and,

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

(4) Appeal. Any source owner or operator required by this secti on to install, operate, and maintain BART, may apply to the EPA Administrator for an exc eption from that requirement pursuant to 40

CFR 51.303.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-161 COMPLIANCE SCHEDULES

(1) Issuance. Whenever a source is found to be in violation of an emission standard or other provision of this regulation the Authority may issu e a regulatory order requiring that the source be brought into compliance within a specified time. Th e order shall contain a schedule for installation of emission control technology, with intermediate b enchmark dates and a final completion date, and shall constitute a compliance schedule. Requirement s for public involvement (SWAPCA 400-171)

must be met.

(2) Federal action. A source shall be considered to be in compliance wi th this regulation 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: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-171 PUBLIC INVOLVEMENT

(1) Applicability. The Authority shall provide public notice for a pr eliminary determination of a regulatory order prior to issuance of the final app roval 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 that results in a significant increase in emissions (actual or potential to emit) of any pollutant regulated by state or federal law (significant as d efined in SWAPCA 400- 030). Furthermore, public notice for each regulatory order for a non-s ignificant increase may be provided at the discretion of the Control Officer; orTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 109 (b) Any application or other proposed action for which a public hearing is required by PSD rules; or

(c) Any order to determine RACT; or

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

(e) The establishment, disestablishment or redesignat ion of a nonattainment area, or the changing of the boundaries thereof; or

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

(g) Any order to authorize a bubble; or

(h) An order issued under SWAPCA 400-091 which establ ishes limitations on a source's potential to emit for the purpose of opting out of the Title V Air Operating Permit program

SWAPCA 401 or

(i) Any Notice of Construction application or other pr oposed action made pursuant to this regulation in which there is a substantial public i nterest according to the discretion of the Control Officer; except:

(j) Any Notice of Construction application or other p roposed action which results in a reduction of emissions from a previously establishe d emission limit in an order issued by the Authority that has previously been subjected to pub lic notice, or other permitting authority, may not require public notice in accordance with th is section. This exemption does not apply to those sources opting out of the Title V Air Oper ating Permit program SWAPCA 401.

(k) Any Notice of Construction application or other pr oposed action which does not result in a net emissions increase (actual or potential to emit) unless otherwise required by the Authority.

(2) Public notice. Public notice shall be made only after all informat ion required by the Authority has been submitted and after applicable preliminary determinations, if any, have been made. Public

notice shall include:

(a) Availability for public inspection in at least on e location near the proposed project, of the nonproprietary information submitted by the app licant and of any applicable preliminary determinations, including analyses of the effect(s) on air quality.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 110 (b) Publication in a newspaper of general circulation i n the area of the proposed project of

notice:

(i) Giving a brief description of the proposal;

(ii) Advising of the location of the documents made av ailable for public inspection;

(iii) Advising of a thirty-day period for submitting wri tten comment to the Authority;

(iv) Advising that a public hearing may be held if the Authority determines within a thirty-day period that significant public interest exists.

(c) A copy of the notice shall be sent to the EPA Regi onal Administrator.

(d) Public participation procedures for Notice of Const ruction applications that are processed in coordination with an application to is sue or modify an operating permit shall be conducted as provided in SWAPCA 401.

(3) Public comment. No final decision on any application or action of a ny of the types described in subsection (1) of this section, shall be made until the public comment period has ended and any comments received have been considered. Unless a pu blic 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 ex tend 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 interested 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 w hy a hearing is warranted. The Authority may, at th e discretion of the Control Officer, hold a public he aring if it determines significant public interest exists. Any such hearing(s) shall be held upon such notice and at a time(s) and place(s) as the Authority deems reasonable.

(5) Other requirements of law. Whenever procedures permitted or mandated by law wi ll 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 Construction, regulatory order s, and modifications

thereof which are issued hereunder shall be availab le for public inspection on request at the Authority.

State effective: 9/21/95; EPA effective: 4/28/97TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 111 SWAPCA 400-190 REQUIREMENTS FOR NONATTAINMENT AREA S

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 SWAPCA 400-171. Requirements for new or modified sources in nonatta inment areas are found in SWAPCA 400-110

and SWAPCA 400-112.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 400-200 CREDITABLE STACK HEIGHT AND DISPERS ION TECHNIQUES

(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 modifications were carried out after December 31, 1970;

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

(c) Flares;

(d) Open burning for agricultural or silvicultural purp oses as covered under the Smoke Management Plan;

(e) Residential wood combustion and open burning for which episodic restrictions apply These provisions shall not be construed to limit th e actual stack height.

(2) Prohibitions. No source may use dispersion techniques or excess s tack height to meet ambient air quality standards or PSD increment limitations.

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

(i) Sixty-five meters (213.25 feet), measured from th e ground level 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 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 112 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 provisions 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 he ight or the width dimension of a structure, but not greater than 0.8 kilometer (1/2 mile).

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

(i) The reheating of a gas stream, following the use of a pollution control system, for the purpose of returning the gas to the temperature 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 constructed 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 accom panied by a net reduction in the allowable emissions of a pollutant. This exclus ion shall apply only to the emission limitation for the pollutant affected by s uch change in operation.

(c) Before July 8, 1985, such merging was part of a cha nge in operation at the facility that included the installation of emissions control equi pment or was carried out for sound economic or engineering reasons, and not primarily motivated by an intent to gain emissions credit for greater dispersion.

(3) Exception. The Authority may require the use of a field study or fluid model to verify the creditable stack height for the source. This also a pplies to a source seeking credit after the effecti ve date of this rule for an increase in existing stack height up to that established by the GEP formula. A fluid model or field study shall be performed accor ding to the procedures described in the EPA Guideline for Determination of Good Engineering Pra ctice Height (Technical Support Document of the Stack Height Regulations). The creditable heigh t demonstrated by a fluid model or field study

shall ensure that the emissions from a stack do res ult in excessive concentrations of any air pollutan t as a result of atmospheric down wash, wakes, or edd y effects created by the source itself, nearby structures or nearby terrain features.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 113 (a) "Nearby," as used in this subsection for conducti ng 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 heig ht 0.8 km from the stack that is at least forty percent of the GEP stack height or twenty-six meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

(b) "Excessive concentration" is defined for the purpos e 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 17 3-400-141 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 t he 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: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-205 ADJUSTMENT FOR ATMOSPHERIC CONDITIO NS

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 as specified at SWAPCA 400-230(5).

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-210 EMISSION REQUIREMENTS OF PRIOR JURI SDICTIONS

Any emissions unit that was under the jurisdiction of the Authority and now is under the jurisdiction of Ecology, shall meet all emission requirements th at were applicable prior to transfer of jurisdictio n if those standards are more stringent than the stan dards of this regulation or the specific regulation relating to that source.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-220 REQUIREMENTS FOR BOARD MEMBERS

(1) Public interest. A majority of the members of the Authority's Board of Directors shall represent the public interest. A majority of the me mbers of the Board, shall not derive any significan t portion of their income from persons subject to enf orcement orders pursuant to the State and FederalTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 114 Clean Air Acts. An elected public official and the Board shall be presumed to represent the public interest. In the event that a member derives a sign ificant portion of his/her income from persons subject to enforcement orders, he/she shall delegat e sole responsibility for administration of any par t of the program which involves these persons to an a ssistant.

(2) Disclosure. Each member of the Authority's Board of Directors s hall 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 of this section, "significant port ion 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 than 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: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-230 REGULATORY ACTIONS & CIVIL PENALTIE S

(1) The Authority shall have the power to issue such orders as necessary to effectuate the purpose of RCW 70.94 as provided in, including but not limi ted to: RCW 70.94.141, RCW 70.94.152, RCW 70.94.153, and RCW 70.94.332. The Authority may iss ue orders for establishing limits and controls

for sources of emissions to the ambient air or othe rwise controlling activities that may violate any ambient air quality regulations, including but not limited to the following:

(a) Order of Approval. An Order of Approval may be issued by the Authority to provide approval for a Notice of Construction application. An Order of Approval shall contain the following, as appropriate: reference to applicable regulations, emissions limitations, control and process equipment operating conditions and limi ts, testing requirements, monitoring and reporting requirements, and other conditions consid ered necessary by the Authority. An Order of Approval which constitutes the final deter mination of the Authority, shall be issued within sixty (60) calendar days of a complete appli cation or for those projects subject to public notice, as promptly as possible after the 30 calendar day public notice requirements have been satisfied. An Order of Approval may not i dentify all applicable regulations. All Orders of Approval may be subject to the public not ice and comment procedures set forth in SWAPCA 400-171(2), (3), and (4).

(b) Order of Denial. An Order of Denial may be issued by the Authority in response to a Notice of Construction application that is incomple te, not feasible, proposes inadequate control technology, or otherwise would result in vi olation of any ambient air quality regulation, control technology requirement, or emis sion standards in the area in which theTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 115 equipment would be located and operated. All Orders of Denial shall be subject to the public notice and comment procedures set forth in SWAPCA 4 00-171(2), (3), and (4).

(c) Order of Violation. An Order of Violation may be issued by the Authorit y to document specific regulation(s) alleged to be violated and e stablish the facts surrounding a violation. An Order of Violation may be prepared by the Author ity only after formal written notice has been served on the source as provided in (2) below. The Order of Violation shall not be subject to the public notice and comment period set forth in SWAPCA 400-171.

(d) Order of Prevention. An Order of Prevention may be issued by the Authori ty to a source to prevent installation or construction of a n emission unit, performance of an activity, or actions that may otherwise endanger public healt h that are on site, in the process of being installed, or have been installed, constructed or o perated without prior Authority review and approval or actions are being conducted in addition to a previous Authority approval without prior approval. An Order of Prevention shall not be subject to the public notice and comment period set forth in SWAPCA 400-171.

(e) Consent Order. A Consent Order may be issued by the Authority to e stablish emission limits, operation and maintenance limits or control s, monitoring or reporting requirements, testing requirements, or other limits or controls a s necessary that are determined by the Authority to be necessary. Actions identified in a Consent Order may be necessary to demonstrate compliance with applicable regulations, provide measures whereby a source may take the necessary steps to achieve compliance, establish a schedule for activities, or provide other information that the Control Officer deems appropriate. The Consent Order shall be agreed to and signed by an appropriate off icer of the company or source for which the Consent Order is prepared and the Control Offic er, or designee, of the Authority. Installation, construction, modification or operati on of a source shall be subject to the New Source Review requirements of SWAPCA 400-110. A Con sent Order shall not be subject to the public notice and comment period set forth in S WAPCA 400-171 at the discretion of the

Control Officer.

(f) Compliance Schedule Order. A Compliance Schedule Order may be issued by the Authority to a source to identify specific actions that must be implemented to establish, maintain, and/or demonstrate compliance with applic able regulations and identify the schedule by which these actions must be completed. All Compliance Schedule Orders shall be subject to the public notice and comment period set forth in SWAPCA 400-171(2), (3), and (4). Refer to SWAPCA 400-161 for further guidan ce.

(g) Order of Discontinuance. The Authority may issue an Order of Discontinuance for any source that has discontinued operations and/or has not maintained their source registration for emission units. (Refer to SWAPCA 4 00-100(2)(d)). An Order of Discontinuance may also be issued to a source that continues to operate in violation ofTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 116 applicable regulations and requirements. Such issua nce may require that the source cease operations that result in emissions to the ambient air that are in violation of applicable regulatory orders, requirements and regulations.

(i) Any source that fails to maintain registration fe es (i.e., payment of registration fees by June 30 of each year), may be issued an Ord er of Discontinuance. The Order of Discontinuance shall identify the source locatio n and emission units and identify the most current registration activity.

(ii) The Order of Discontinuance shall provide for dis continuance of operations atthat source or facility and all previous authoriz ations, orders, agreements or stipulations shall be superseded, directly or indir ectly, by the Order of Discontinuance without specific identification in t he Order of Discontinuance.

(iii) The Order of Discontinuance shall be subject to the public notice and comment procedures set forth in SWAPCA 400-171(2), (3), and (4).

(iv ) For sources that have ceased doing business in S WAPCA jurisdiction, or the state of Washington, the Authority shall make a rea sonable effort to establish contact with the source. If the Authority is unable to esta blish contact with the source, the Authority shall issue an Order of Discontinuance vi a certified mail,return receipt requested, to the last known address. Lack of respo nse by the source or return of the notification by the US Postal Service shall be cons idered de facto evidence that the source has discontinued operations.

(v) The source shall have 30 calendar days from the d ate of the final regulatoryorder after public notice in which to pay past due and cu rrent registration fees. If the source fails to pay current registration fees, the source or facility shall be considered discontinued and shall be required to su bmit a Notice of Construction application under the New Source Revie w procedures of SWAPCA 400-110 prior to resuming or restarting oper ations.

(vi) Facilities that terminate operations and disco ntinue paying registration fees, and are later sold with the intent of restart, in whole or in part, shall be subject to the New Source Review requirements of SWAPCA 400-110.

(vii) Sources that continue to operate in violation of established regulatory ordersand regulations, the Authority may issue an Order of Di scontinuance that is effective immediately.

(h) Corrective Action Order. The Authority may issue a Corrective Action Order t o any source within its jurisdiction, including an unregi stered source, to provide measures toTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 117 correct or rectify a situation that has immediate o r eminent threat to person(s) or the public or that may be in violation or have the potential of b eing in violation of federal, state and local regulations or may pose a threat to the public heal th, welfare or enjoyment of personal or public property. The Corrective Action Order may sp ecify specific actions that must be implemented to demonstrate compliance with applicab le regulations and identify dates by which these actions must be completed. All actions and dates identified in the Corrective Action Order shall be fully enforceable. orrective Action Orders shall be issued to correct immediate problems. Corrective Action Orders shall not be subject to the public notice and comment period set forth in SWAPCA 400-171.

(i) Administrative Order. An Administrative Order may be issued to a source b y the Authority to provide for implementation of items no t addressed above, that are identified by the Control Officer. An Administrative Order may co ntain emission limits, operating and maintenance limitations and actions, schedules, res olutions by the Board of Directors, provide for establishing attainment or nonattainmen t boundaries, establish working relationships with other regulatory agencies, estab lish authority for enforcement of identified actions, and other activities identified by the Aut hority. All Administrative Orders shall be subject to the public notice and comment procedures set forth in SWAPCA 400-171(2), (3), and (4).

(j) Resolutions. A Resolution may be issued by the Authority as a me ans to document or record a Board of Directors decision, authorize or approve budget transactions, establish policies, or other actions as determined by the Aut hority. Resolutions shall not be subject to the public notice and comment procedures set forth in SWAPCA 400-171.

(2) The Authority may take any of the following regul atory actions to enforce its regulations to meet the provisions of RCW 43.21B.300 which is inco rporated herein by reference.

(a) Enforcement Actions by the Authority--Notice of Vio lation. At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 and 70.94.431, the Authority shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision o f this regulation, or the rule, regulation, regulatory order or permit requirement alleged to b e violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be

taken within a reasonable time. In lieu of an order , the Authority may require that the alleged violator or violators appear before it for the purp ose of providing the Authority information pertaining to the violation or the charges complain ed of. Every Notice of Violation shall offer to the alleged violator an opportunity to mee t with the Authority prior to the

commencement of enforcement action. Enforcement act ion may be commenced by the Authority by issuance of a regulatory order as prov ided in SWAPCA 400-230(1).

(b) Civil Penalties.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 118 (i) 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 or 70.120 RCW, or Any of the rules in force under such chapters may incur a civi l penalty in an amount as set forth

in RCW 70.94.431. Each such violation shall be a se parate and distinct offense, and in case of a continuing violation, each day's conti nuance shall be a separate and distinct violation. Any person who fails to take ac tion as specified by an order issued pursuant to this regulation shall be liable for a c ivil penalty as set forth by RCW 70.94.431 for each day of continued noncompliance.

(ii) Penalties incurred but not paid shall accrue intere st, beginning on the ninety-first day following the date that the penalt y becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date t hat the penalty becomes due and payable. If violations or penalties are appealed, i nterest shall not begin to accrue until the thirty-first day following final resolution of the appeal. The maximum penalty amounts established in RCW 70.94.431 may be increas ed annually to account for inflation as determined by the State Office of the Economic and Revenue Forecast

Council.

(iii) 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 penalties provided in this section shall be imposed pursuant to RCW 43.21B.300. Section 113(e)(2) of th e 1990 Clean Air Act Amendments provides that the number of "days of vio lation" is to be counted beginning on the first proven day of violation and continuing every day until the

violator demonstrates that it achieved continuous c ompliance, unless the violator can prove by preponderance of the evidence that there w ere intervening days on which no violation occurred. This definition applies to all civil and administrative penalties.

(iv) All penalties recovered under this section by the Authority, shall be paid into the treasury of the Authority and credited to its f unds.

(v) To secure the penalty incurred under this section , the Authority shall have a lien on any equipment used or operated in violation of i ts regulations which shall be enforced as provided in RCW 60.36.050. The Authorit y shall also be authorized to utilize a collection agency for nonpayment of penal ties and fees.

(vi) In addition to other penalties provided by this r egulation, 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 ni nety days late with such payments may be subject to a penalty equal to three times the amount of the original

fee owed.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 119 (3) Assurance of Discontinuance. The Control Officer may accept an assurance of discontinuance as provided in RCW 70.94.435 of any act or practice deemed in violation of this regulation as written and certified to by the sourc e. Any such assurance shall specify a time limit during which discontinuance or corrective action is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of its regulations or any orde r issued thereunder which make the alleged act or pra ctice unlawful for the purpose of securing an injunction or other relief from the Superior Court.

(4) Restraining Orders & Injunctions. Whenever any person has engaged in, or is about to engage in, any acts or practices which constitute o r will constitute a violation of any provision of i ts regulations, the Control Officer, after notice to s uch person and an opportunity to comply, may petition the superior court of the county wherein t he violation is alleged to be occurring or to have occurred for a restraining order or a temporary or permanent injunction or another appropriate order.

(5) Emergency Episodes. The Authority may issue such orders as authorized b y SWAPCA 435 via Chapter 70.94 RCW, whenever an air pollution ep isode forecast is declared.

(6) Compliance Orders. The Authority may issue a compliance order in conju nction with a

Notice of Violation or when the Control Officer has reason to believe a regulation is being violated, or may be violated. The order shall require the rec ipient of the Notice of Violation either to take necessary corrective action or to submit a plan for corrective action and a date when such action will be initiated and completed.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-240 Criminal Penalties

Persons in violation of the Authority's regulations or Title 173 WAC may be subject to the provisions of RCW 70.94.430.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-250 APPEALS

(1) Any decision or regulatory order issued by the Auth ority may be appealed to the Board of Directors as provided herein or appealed directly t o the Pollution Control Hearings Board as provided by RCW 43.21B and WAC 371-08. In addition, Orders of Approval and permits issued in accordance with the PSD program may be appealed to the EPA Environmental Appeals Board, to the extent authorized in 40 CFR 124. If appealed to the Board of Directors, the procedure shall be as

follows:

(a) The decision, Notice of Violation, or Order issue d by the Control Officer shall become final unless, not later than 15 calendar days after the date the Order is served upon the owner or applicant, the owner or applicant petitions the Control Officer for reconsideration, withTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 120 reasons for the reconsideration. If the Control Off icer refuses to reconsider, the Control Officer shall so notify the owner or applicant in w riting, giving reasons for the decision. Such ruling on the petition shall become final unless no t later than 15 calendar days after such notice of refusal is served, the owner or applicant appeals to the Board setting forth the reasons for the appeal.

(b) The Control Officer may reverse or modify the Order and issue such an Order in replacement thereof as deemed proper. Such Order al so may be appealed to the Board of Directors as in (a) above.

(c) Any failure of the Control Officer to act upon a petition for reconsideration 15 calendar days after the petition is delivered to the Authori ty, shall be considered as a refusal to

reconsider.

(d) In lieu of a petition for reconsideration, the ow ner or applicant may appeal directly to the Board of Directors within the time specified in (a) above.

(2) The Board shall promptly hear and consider all app eals after providing reasonable notice to the appellant. The Board shall, within 30 calendar days of the hearing sustain, reverse or modify the Order of the Control Officer as it deems proper. Su ch ruling of the Board shall be communicated to the appellant in writing and the appellant if aggri eved, may appeal de novo to the Pollution Control Hearings Board as provided in RCW 43.21B.120 and WA C 371-08.

(3) It is the intent of the Board in establishing this regulation concerning appeals to provide for a method of resolving issues at the Authority level. Consequently, Decisions and Orders of the Control Officer on compliance, new source review, or any ot her matter regulated herein except violations shall not be considered as commencing any appeal pe riod for appeals to the Pollution Control Hearings Board. Such appeal period shall commence o nly when the final Order is issued by the Board of Directors and served upon the person aggri eved as provided in RCW 43.21B.120.

(4) Nothing contained herein shall be construed as de nying the exclusive jurisdiction of the Pollution Control Hearings Board on violations as p rovided by RCW 43.21B120.

State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 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: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-270 CONFIDENTIALITY OF RECORDS AND INFO RMATIONTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 121 (1) The owner or operator (or person submitting the inf ormation) is responsible for clearly identifying the information that is considered prop rietary and confidential prior to submittal to the Authority. Information submitted to the Authority t hat has not been identified as confidential at the time of submittal may not be classified as confiden tial at a later date.

(2) Confidential information submitted to the Authority by an owner or operator shall be stamped or clearly marked in red ink at the time of submitt al. Such information considered to be confidential or proprietary by the owner or operator will be han dled as such, and will be maintained by the Authority, to the extent that release of such infor mation may provide unfair economic advantage or compromise processes, products, or formulations to competitors as provided under RCW 70.94.205. Requests for such information under the Freedom of Information Act shall be released only after:

(a) Legal opinion by the Authority's legal counsel, a nd

(b) Notice to the source of the intent to either releas e or deny the release of information.

(3) Records or other information, other than ambient ai r quality data or emission data, furnished to or obtained by the Authority, related to processes or production unique to the owner or operator if released to the public or to a competitor, and the owner or operator of such processes or production so certifies, such records or information shall be only for the confidential use of the Authority as provided in RCW 70.94.205.

(4) Emissions data furnished to or obtained by the Auth ority shall be correlated with applicable

emission limitations and other control measures and shall be available for public inspection during

normal business hours at the office of the Authorit y.
State effective: 9/21/95; EPA effective: 4/28/97

SWAPCA 400-280 POWERS OF AUTHORITY

In addition to any other powers vested in the Autho rity, consistent with RCW 70.94.141, the Authority shall have the power to:

(1) Adopt, amend, and repeal its own rules and regula tions, implementing RCW 70.94 and consistent with it, after consideration at a public hearing held in accordance with RCW 42.30. Rules and regulations shall also be adopted in accordance with the notice and adoption procedures set forth in RCW 34.05.320, those provisions of RCW 34.05.325 that are not in conflict with RCW 42.30, and with the procedures of RCW 34.05.340, 34.05.355 thr ough 34.05.380, and with RCW 34.08, except that rules shall not be published in the Washington Administrative Code. Judicial review of rules adopted by the Authority shall be in accordance wit h Part V of RCW 34.05.

(2) Hold hearings relating to any aspect of or matter i n the administration of RCW 70.94 not prohibited by the provisions of Chapter 62, Laws of 1970 ex.sess. and in connection therewith issueTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 122 subpoenas to compel the attendance of witnesses and the production of evidence, administer oaths and take the testimony of any person under oath.

(3) Issue such orders as may be necessary to effectua te RCW 70.94 and enforce the same by all appropriate administrative and judicial proceedings subject to the rights of appeal as provided in Chapter 62, Laws of 1970 ex.sess.

(4) Require access to records, books, files and other information specific to the control, recovery or release of air contaminants into the atmosphere.

(5) Secure necessary scientific, technical, administrat ive and operational services, including laboratory facilities, by contract, or otherwise.

(6) Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution within the jurisdiction of the Author ity.

(7) Encourage voluntary cooperation by persons or aff ected groups to achieve the purposes of

RCW 70.94.

(8) Encourage and conduct studies, investigations and research relating to air pollution and its causes, effects, prevention, abatement and control.

(9) Collect and disseminate information and conduct edu cational and training programs relating to air pollution.

(10) Advise, consult, cooperate and contract with agenci es and departments and the educational institutions of the state, other political subdivis ions, industries, other states, interstate or inte r-local agencies, and the United States government, and wit h interested persons or groups.

(11) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system, concern ing the efficacy of such device or system, or the air pollution problems which may be related to the source, device or system. Nothing in any such consultation shall be construed to relieve any pers on from compliance with RCW 70.94, ordinances, resolutions, rules and regulations in force pursuan t thereto, or any other provision of law.

(12) Accept, receive, disburse and administer grants or other funds or gifts from any source, including public and private agencies and the Unite d States government for the purpose of carrying out any of the functions of RCW 70.94.

State effective: 9/21/95; EPA effective: 4/28/97TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 123 

### Emission Standards and Controls for Sources Emittin g Volatile Organic Compounds

SWAPCA 490-010 POLICY AND PURPOSE

(1) It is the policy of the Southwest Air Pollution C ontrol Authority (SWAPCA) under the authority vested in it by Chapter 43.21A, 70.94.141 , 70.94.152, and 70.94.331 RCW to provide for the systematic control of air pollution from air co ntaminant sources within Clark, Cowlitz, Lewis, Skamania, and Wahkiakum Counties.

(2) The purpose of this regulation is to establish tech nically feasible and reasonably attainable emission standards for sources emitting volatile or ganic compounds (VOCs).

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-020 - DEFINITIONS

The definitions of terms contained in SWAPCA 400 ar e by this reference incorporated into this regulation. Unless a different meaning is clearly r equired by context, the following words and phrases, as used in this regulation, shall have the following meanings:

(1) “Bottom loading” means the filling of a tank thro ugh a line entering the bottom of the tank.

(2) “Bulk gasoline plant” means a gasoline storage an d transfer facility that receives more than ninety percent of its annual gasoline throughput by transport tank, and reloads gasoline into transpor t

tanks.

(3) “Class II hardboard paneling finish” means finish es which meet the specifications of Voluntary Product Standard PS-59-73 as approved by the Americ an National Standards Institute.

(4) “Closed refinery system” means a system that will process or dispose of those VOCs collected from another system. The mass quantity of collected VOCs emitted to the ambient air from the closed refinery system shall not exceed that requir ed for a disposal system.

(5) “Condensate” means hydrocarbon liquid separated f rom a gas stream which condenses due to changes in the temperature or pressure and remains liquid at standard conditions.

(6) “Condenser” means a device for cooling a gas stre am to a temperature where specific VOCs become liquid and are removed.

(7) “Control system” means one or more control device s, including condensers, that are designedTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 124 and operated to reduce the quantity of VOCs emitted to the atmosphere.

(8) “Crude oil” means a naturally occurring mixture w hich consists of hydrocarbons and sulfur, nitrogen or oxygen derivatives of hydrocarbons whic h is a liquid at standard conditions.

(9) “Cutback asphalt” means an asphalt that has been blended with petroleum distillates to reduce the viscosity for ease of handling and lower applic ation temperature. An inverted emulsified asphalt shall be considered a cutback asphalt when the cont inuous phase of the emulsion is a cutback asphalt.

(10) “Disposal system” means a process or device that re duces the mass quantity of the VOC that would have been emitted to the ambient air by at le ast ninety percent prior to their actual emission.

(11) “Dry cleaning facility” means a facility engaged in the cleaning of fabrics in an essentially nonaqueous solvent by means of one or more washes i n solvent, extraction of excess solvent by spinning, and drying by tumbling in an airstream. T he facility includes, but is not limited to, any washer, dryer, filter and purification system(s), w aste disposal system(s), holding tank(s), pump(s) and attendant piping and valve(s).

(12) “External floating roof” means a storage vessel cov er in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the liquid being contained and is equipped with a closure seal or seals to clo se the space between the roof edge and tank wall.

(13) “Flexographic printing” means the application of words, designs and pictures to a substrate by means of a roll printing technique in which the pat tern to be applied is raised above the printing rol l and the image carrier is made of rubber or other el astomeric materials.

(14) “Gasoline” means a petroleum distillate which is a liquid at standard conditions and has a true vapor pressure greater than 200 mm of Hg (4 psia) a t 20 ° C, and is used as a fuel for internal combustion engines.

(15) “Gasoline dispensing facility” means any site dispe nsing gasoline into motor vehicle fuel tanks from stationary storage tanks.

(16) “Gasoline loading terminal” means a gasoline transf er 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.

(17) “Hardboard” means a panel manufactured primarily fr om interfelted lignocellulosic fibers which are consolidated under heat and pressure in a hot press.

(18) “Hardwood plywood” means plywood whose surface laye r is a veneer of hardwood.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 125 (19) “Lease custody transfer” means the transfer of prod uced crude oil or condensate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilitie s to pipelines or any other forms of transportation.

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

(21) “Liquid service” means equipment that processes, tr ansfers or contains a VOC or VOCs in the liquid phase.

(22) “Low organic solvent coating” refers to coatings wh ich contain less organic solvent than the conventional coatings used by the industry. Low org anic solvent coatings include waterborne, higher solids, electrodeposition and powder coating s.

(23) “Natural finish hardwood plywood panels” means pane ls whose original grain pattern is enhanced by essentially transparent finishes freque ntly supplemented by fillers and toners.

(24) “Packaging rotogravure printing” means rotogravur e printing upon paper, paper board, metal foil, plastic film, and other substrates, which are , in subsequent operations, formed into pack-aging products and labels for articles to be sold.

(25) “Petroleum liquids” means crude oil, condensate, an d any finished or intermediate products manufactured or extracted in a petroleum refinery.

(26) “Petroleum refinery” means a facility engaged in producing gasoline, aromatics, 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. Not included are facilities re-refining used motor oils or waste che micals, processing finished petroleum products, separating blended products, or air blowing asphalt

.

(27) “Prime coat” means the first of two or more films o f coating applied in an operation.

(28) “Printed interior panels” means panels whose grai n or natural surface is obscured by fillers and basecoats upon which a simulated grain or decor ative pattern is printed.

(29) “Proper attachment fittings” means hardware for the attachment of gasoline transfer or vapor

collection lines that meet or exceed industrial sta ndards or specifications and the standards of other agencies or institutions responsible for safety and health.

(30) “Publication rotogravure printing” means rotogravur e printing upon paper which is subsequently formed into books, magazines, catalogu es, brochures, directories, newspaperTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 126 supplements, and other types of printed materials.

(31) “Refinery unit” means a set of components that are a part of a basic process operation, such as distillation, hydrotreating, cracking or reforming of hydrocarbons.

(32) “Roll printing” means the application of words, des igns, and pictures to a substrate usually by

means of a series of hard rubber or steel rolls eac h with only partial coverage.

(33) “Rotogravure printing” means the application of w ords, designs, and pictures to a substrate by means of a roll printing technique which involves i ntaglio or recessed image areas in the form of

cells.

(34) “Single coat” means only one film of coating is app lied to the metal substrate.

(35) “Submerged fill line” means a pipe, tube, fitting o r other hardware for loading liquids into a tank with either a discharge opening flush with the tank bottom; or with a discharge opening below the lowest normal operating drawoff level or that l evel determined by a liquid depth two and one half

times the fill line diameter when measured in the m ain portion of the tank, but not in sumps or similar protrusions.

(36) “Submerged loading” means the filling of a tank w ith a submerged fill line descending nearly

to the bottom.

(37) “Suitable closure or cover” means a door, hatch, cover, lid, pipe cap, pipe blind, valve or similar device that prevents the accidental spillin g or emitting of VOC. Pressure relief valves, aspirator vents or other devices specifically requi red for safety and fire protection are not included

.

(38) “Thin particle board” means a manufactured board on e-quarter inch or less in thickness made of individual wood particles which have been coated with a binder and formed into flat sheets by

pressure.

(39) “Tileboard” means paneling that has a colored wat erproof surface coating.

(40) “Topcoat” means the final film or series of films o f coating applied in a two-coat (or more) operation.

(41) “Transport tank” means a container used for shipp ing gasoline on land.

(42) “True vapor pressure” means the equilibrium partial pressure of a petroleum liquid as

deter-mined with methods described in American Petr oleum Institute Bulletin 2517, 1980.

(43) “Unit turnaround” means the procedure of shutting d own, repairing, inspecting, and restartingTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 127 a unit.

(44) “Valves not externally regulated” means valves that have no external controls, such as in-line

check valves.

(45) “Vapor collection system” means a closed system t o conduct vapors displaced from a tank being filled into the tank being emptied, a vapor h olding tank, or a vapor control system.

(46) “Vapor control system” means a system designed and operated to reduce or limit the emission of VOCs, or to recover the VOCs to prevent their em ission into the ambient air.

(47) “Vapor-mounted seal” means a primary seal mounted s o there is an annular vapor space underneath the seal. The annular vapor space is bou nded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.

(48) “Volatile organic compound (VOC)” means any organic compound which participates in atmospheric photochemical reactions; that is, any o rganic compound other than those which the administrator designates as having negligible photo chemical reactivity. VOC may be measured by a reference method, an equivalent method, an alternat ive method or by procedures specified under 40 CFR Part 60. A reference method, an equivalent meth od, or an alternative method, however, may also measure nonreactive organic compounds. In such case s, an owner or operator may exclude the nonreactive organic compounds when determining comp liance with a standard.

(49) “Waxy, heavy pour crude oil” means a crude oil with a pour point of 50 ° F or higher as determined by the American Society for Testing and Materials Standard D97-66, “Test for Pour Point

of Petroleum Oils.”

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-025 GENERAL APPLICABILITY

In addition to the general applicability of SWAPCA 400 to all emission sources, specific emission standards listed in this regulation will take prece dence over the general emission standards of

SWAPCA 400.

(1) This regulation shall apply to the specified emis sion sources of VOCs located in or operating within designated ozone nonattainment areas and are as covered by a maintenance plan within the jurisdiction of SWAPCA.

(2) This regulation does not apply to those sources u nder the jurisdiction of the Energy Facility Site Evaluation Council (EFSEC).TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 128 (3) A source of VOC emissions not belonging to any of the categories listed in SWAPCA 490-030 nor specifically identified in any section, but whi ch is located on the same or adjacent property and owned or operated by the same person as a regulated emission source, shall not be required to comply with this regulation.

(4) Sources of VOC emissions may be exempted, by the director, from any or all requirements to

control or reduce the emissions of VOCs when:

(a) The source is a development operation and the equ ipment is used exclusively for research, laboratory analysis or determination of p roduct quality and commercial acceptance, provided emissions of VOCs from such op erations do not exceed 300 kg (660 lbs) per month; or

(b) The source has emissions of VOCs which do not excee d 18 kg (40 lbs) per month and registration is not required under SWAPCA 490-030; or

(c) The source is a spray booth which is used solely for maintenance and utility activities and whose emissions do not exceed 18 kg (40 lbs) pe r month.

(5) Sources of VOCs may be granted exemptions from em issions standards for a period not to exceed thirty days if the source is a newly permitt ed source which is to replace a similar permitted

source and the new source is intended to utilize th e existing emission control system. This provision is intended to apply to a break-in period prior to the shutdown and removal of the existing source.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-030 REGISTRATION AND REPORTING

(1) The owner or operator of a stationary emission so urce of VOCs in the following source categories and located in a designated ozone nonatt ainment area or area covered by a maintenance plan shall register the source with SWAPCA unless r egistration is required by the Energy Facility Site Evaluation Council (EFSEC) as provided under R CW 80.50.

(a) Petroleum refineries (b) Petroleum liquid storage tanks (c) Gasoline loading terminals (d) Bulk gasoline plants (e) Gasoline dispensing facilities (f) Surface coaters (g) Open top vapor degreasers (h) Conveyorized degreasers (i) Gasoline transport tanksTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 129 (j) Vapor collection systems (k) Perchloroethylene dry cleaning systems (l) Graphic arts systems (m) Surface coaters of miscellaneous metal parts and pr oducts (n) Synthesized pharmaceutical manufacturing facilities (o) Flatwood panel manufacturers and surface finishin g facilities.

(2) A new emission source of VOCs that must comply wi th any requirements in SWAPCA 490-040, 490-200, 490-201, 490-202, 490-203, 490-20 4, 490-205, 490-206 and 490-207, shall comply with the requirements of SWAPCA 400-100 and shall register with SWAPCA prior to operation of the new source, and shall submit suffi cient information to demonstrate that the new source is capable of complying with the requirement s in this regulation. An opportunity shall be provided for an inspection of the new source by SWA PCA inspectors prior to its operation.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-040 REQUIREMENTS

To demonstrate compliance with this regulation, ref er to SWAPCA 400-105.

(1) Petroleum refineries. This regulation shall apply to all petroleum refine ries with a crude oil or feed stock capacity greater than one million fou r hundred thirty thousand liters (1,430,000 liters or 9,000 bbl) per day.

(a) Vacuum producing system.

(i) Noncondensable VOC from vacuum producing systems sh all be piped to an appropriate firebox, incinerator or to a closed ref inery system.

(ii) Hot wells associated with contact condensers shall be tightly covered and the collected VOC introduced into a closed refinery sys tem.

(b) Wastewater separator.

(i) Wastewater separator forebays shall incorporate a f loating pontoon or fixed solid cover with all openings sealed, totally enclosing t he compartmented liquid contents, or a floating pontoon or a double deck-type cover e quipped with closure seals between the cover edge and compartment wall.

(ii) Accesses for gauging and sampling shall be design ed to minimize VOC emissions during actual use. All access points shall be close d with suitable covers when not in use.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 130 (c) Process unit turnaround.

(i) The VOC contained in a process unit to be depress urized for turnaround shall be introduced to a closed refinery system, combusted b y a flare, or vented to a disposal

system

. (ii) The pressure in a process unit following depressur ization for turnaround shallbe

less than five (5) psig before venting to the ambie nt air.

(iii) Venting or depressurization to the ambient air of a process unit for turnaround at a pressure greater than five (5) psig shall be a llowed if the owner demonstrates the

actual emission of VOC to the ambient air is less t han permitted by SWAPCA 490-040 (1)(c)(ii).

(d) Maintenance and operation of emission control equip ment. Equipment for the reduction, collection or disposal of VOC shall be m aintained and operated in a manner

consistent with the level of maintenance and housek eeping of the overall plant.

(2) Petroleum liquid storage tanks.

(a) All fixed-roof tanks (except as noted in subparagra ph (d) of this subsection) storing volatile organic petroleum liquids with a true vapo r pressure as stored greater than 78 mm of Hg (1.5 psi) at actual monthly average storage temp eratures and having a capacity greater than one hundred fifty thousand liters (40,000 gall ons) shall comply with one of the following:

(i) Meet the equipment specifications and maintenance r equirements of the federal standards of performance for new stationary sources - Storage Vessels for Petroleum Liquids (40 CFR 60, subpart K); or

(ii) Be retrofitted with a floating roof or internal flo ating cover using a metallic seal or a nonmetallic resilient seal at least meeting th e equipment specifications of the federal standards referred to in SWAPCA 490-040 (2) (a)(i) or its equivalent; or

(iii) Be fitted with a floating roof or internal floati ng cover meeting the manufacturer’s specifications in effect when instal led.

(b) All seals used in SWAPCA 490-040 (2)(a)(ii) and (ii i) are to be maintained in good operating condition and the seal fabric shall conta in no visible holes, tears or other openings.

(c) All openings not related to safety are to be seal ed with suitable closures.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 131 (d) Tanks used for the storage of gasoline in bulk ga soline plants and equipped with vapor balance systems as required in SWAPCA 490-040 (4)(b ) shall be exempt from the requirements of SWAPCA 490-040(2).

(3) Gasoline loading terminals.

(a) This regulation shall apply to all gasoline loading terminals with an average annual daily gasoline throughput greater than seventy-five thousand liters (75,000 liters or 20,000 gallons).

(b) Loading facilities. Facilities for the purpose of l oading gasoline into any transport tank shall be equipped with a vapor recovery system (VRS ) as described in SWAPCA 490-040 (3)(c) and comply with the following conditions:

(i) The loading facility shall employ submerged or bo ttom loading for all transport

tanks.

(ii) The VRS shall be connected to the transport tank be ing loaded and shall operate during the entire loading of every transport tank l oaded at the facility.

(iii) The loading of all transport tanks shall be perform ed such that ninety percent by weight of the gasoline vapors displaced during f illing are prevented from being released to the ambient air. Emissions from pressur e relief valves shall not be

included in the controlled emissions when the back pressure in the VRS collection lines is lower than the relief pressure setting of the transport tank’s relief valves.

(iv) All loading lines and vapor lines shall be equipped to close automatically upon disconnect. The point of closure shall be on the ta nk side of any hose or intermediate connecting line.

(c) Vapor recovery system (VRS). The VRS shall be des igned and built according to accepted industrial practices and meet the followin g conditions:

(i) The VRS shall prevent at least ninety percent by weight of the gasoline vapors displaced during loading of each transport tank fro m entering the ambient air and in no case shall the gasoline vapors emitted to the am bient air exceed eighty milligrams per liter of gasoline loaded.

(ii) The VRS shall be equipped with a signal device to a lert personnel when the system is not operating or unintentionally shuts do wn.

(iii) The back pressure in the VRS collection lines shall not exceed the transportTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 132 tank’s pressure relief settings.

(d) Alternative loading facility. The loading of tran sport tanks by other means and using other vapor control systems shall require the facil ity owner to demonstrate that the emission of gasoline vapors to the ambient air is less than eighty milligrams per liter (80 mg/l) of gasoline loaded.

(4) Bulk gasoline plants.

(a) This regulation shall apply to all bulk gasoline p lants with an annual average daily gasoline throughput greater than fifteen thousand l iters (15,000 liters or 4,000 gallons).

(b) Storage tanks. All storage tanks with a capacity gr eater than two thousand one hundred liters (2,100 liters or 550 gallons) and used for t he storage of gasoline shall comply with the following conditions:

(i) Each storage tank shall be equipped with a submer ged fill line.

(ii) Each storage tank shall be equipped for vapor bal ancing of gasoline vapors with transport tanks during gasoline transfer operations

.

(iii) The vapor line fittings on the storage tank side of break points with the transport tank vapor connection pipe or hose shall be equipped to close automatically upon planned or unintentional disconnect.

(iv) The pressure relief valves on storage tanks shall be set at the highest possible pressure consistent with local and state codes for fire and safety.

(c) Transport tanks. All transport tanks, except thos e meeting the conditions in SWAPCA 490-040 (4)(d), transferring gasoline with storage tanks in a bulk gasoline plant shall comply with the following conditions:

(i) The transport tank shall be equipped with the prope r attachment fittings to make vapor tight connections for vapor balancing with st orage tanks.

(ii) The vapor line fittings on the transport tank side of break points with the storage tank connection pipe or hose shall be equi pped to close automatically upon planned or unintentional disconnect.

(iii) 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.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 133 (d) Transport tanks used for gasoline and meeting all of the following conditions shall be exempt from the requirement to be equipped with any attachment fitting for vapor balance

lines:

(i) 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 SWAPCA 490-040(5); and

(ii) The transport tank has a total capacity less than fifteen thousand liters (15,000liters or 4,000 gallons) and is of a compart mented design and construction requiring the installation of four or more separate vapor balance fittings.

(e) Gasoline transfer operations. No owner or operator of a bulk gasoline plant or transport tank shall allow the transfer of gasoline between a transport tank and a storage tank except under the following conditions:

(i) All tanks shall be submerged filled or bottom loa ded.

(ii) The loading of all tanks, except those exempted und er SWAPCA 490-040 (4)(d) shall be performed such that ninety percent by weig ht of the gasoline vapors displaced during filling are prevented from being r eleased into the ambient air. Emissions from pressure relief valves shall not be included in the controlled

emissions.

(f) Equipment or system failures. Failures or leaks i n the vapor balance system shall be limited by the following conditions:

(i) During the months of April, May, June, July, Augu st, September and October, failures of the vapor balance system to comply with this regulation shall require that gasoline transfer operations stop for the failed pa rt of the system. Other transfer points that can operate in compliance may be used.

(ii) Loading or unloading of the transport tank connecte d to the failed part of the vapor balance system may be completed.

(iii) Breakdowns and upset conditions during all months o f the year shall also comply with the provisions of SWAPCA 400-105(5).

(g) The owner or operator of a bulk gasoline plant or transport tank shall take all reasonable necessary measures to prevent the spilling, discard ing in sewers, storing in open containers or handling of gasoline in a manner on the plant si te that will result in evaporation to the

ambient air.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 134 (5) Gasoline dispensing facilities (Stage I).

(a) This regulation shall apply to all gasoline dispe nsing facilities with a total annual gasoline throughput greater than 200,000 gallons (1 6,670 gallons per month) and total gasoline storage capacity greater than 10,000 gallo ns.

(b) All gasoline storage tanks of the facilities define d in SWAPCA 490-040 (5)(a) shall be equipped with submerged or bottom fill lines and fi ttings for vapor balancing gasoline vapors with the delivery transport tank.

(c) Gasoline storage tanks with offset fill lines sha ll be exempt from the requirement of SWAPCA 490-040 (5)(b) if installed prior to January 1, 1979.

(d) The vapor balance system (for the purpose of measur ing compliance with the emission control efficiency) shall consist of the transport tank, gasoline vapor transfer lines, storage tank and all tank vents. The vapor balance system s hall prevent at least ninety percent of the displaced gasoline vapors from entering the ambient air. A vapor balance system that is designed, built and operated according to accepted industrial practices will satisfy this requirement.

(e) The owner or operator of a gasoline dispensing fa cility shall not permit the loading of gasoline into a storage tank equipped with vapor ba lance fittings unless the vapor balance system is attached to the transport tank and operat ed satisfactorily.

(6) Surface coaters. The operation of a coater and dryer, that may serve one or more process lines, shall comply with the following emission limits if the potential uncontrolled emissions of VOC from the coater, flashoff areas, and dryer would be grea ter than 18 kg (40 pounds) in any given twenty-four hour period. The emission limits and un controlled emission quantity shall include the additional quantity of emissions from the dryer dur ing the twelve hour period after application of the coating.

VOC LIMITATION (excluding water)

Process g/1 of Coating lb/gal. of

Coating

Can Coating

Sheet base coat and overvarnish; two -piece can exterior 340 2.8

Two and three piece can interior bod y spray, two piece can exterior end 510 4.2

Side-seam spray 660 5.5TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 135 End sealing compound 440 3.7

Coil Coating 310 2.6

Fabric Coating 350 2.9

Vinyl Coating 450 3.8

Paper Coating 350 2.9

Auto and light duty truck coating

Prime 230 1.9

Topcoat 340 2.8

Repair 580 4.8

Metal furniture coating 360 3.0

Magnet Wire Coating 200 1.7

Large Appliance Coating 340 2.8

(7) Open top vapor degreasers.

(a) All open top vapor degreasers shall:

(i) Have a cover that may be readily opened and closed. When a degreaser is equipped with a lip exhaust, the cover shall be loc ated below the lip exhaust. When a degreaser has a freeboard ratio equal to or greater than 0.75 and the opening is greater than one square meter (10 square feet) the cover sh all be power operated.

(ii) Have one of the following:

(A) A freeboard ratio equal to or greater than 0.75; or

(B) A freeboard chiller; or

(C) A closed design such that the cover opens only wh en the part enters or exits the degreaser.

(iii) Be equipped with at least the following three safet y switches:

(A) Condenser-flow switch and thermostat (shuts off sum p heat if coolant is either not circulating or too warm); andTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 136 (B) Spray safety switch (shuts off spray pump if the va por level drops excessively; and

(C) Vapor level control thermostat (shuts off sump hea t when vapor level rises too high).

(iv) Post a permanent and conspicuous pictograph or in structions clearly explaining the following work practices:

(A) Do not degrease porous or absorbent materials suc h as cloth, leather, wood or rope.

(B) The cover of the degreaser should be closed at al l times except when processing workloads.

(C) When the cover is open the lip of the degreaser sho uld not be exposed to steady drafts greater than 15.3 meters per minute ( 50 feet per minute).

(D) Rack parts so as to facilitate solvent drainage fro m the parts.

(E) Workloads should not occupy more than one-half of t he vapor-air

inter-face area.

(F) When using a powered hoist, the vertical speed of parts in and out of the vapor zone should be less than 3.35 meters per minu te (11 feet per minute).

(G) Degrease the workload in the vapor zone until conde nsation ceases.

(H) Spraying operations should be done within the vapor layer.

(I) Hold parts in the degreaser until visually dry.

(J) When equipped with a lip exhaust, the fan should be turned off when the

cover is closed.

(K) The condenser water shall be turned on before the sump heater when starting up a cold vapor degreaser. The sump heater shall be turned off and the solvent vapor layer allowed to collapse before clos ing the condenser water when shutting down a hot vapor degreaser.

(L) Water shall not be visible in the solvent stream fr om the water separator.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 137 (b) A routine inspection and maintenance program shall be implemented for the purpose of preventing and correcting solvent losses. For examp le, leaks from drain taps, cracked gaskets, and malfunctioning equipment must be repai red immediately.

(c) Sump drainage and transfer of hot or warm solvent shall be carried out using threaded or other leakproof couplings.

(d) Still and sump bottoms shall be kept in closed co ntainers.

(e) Waste solvent shall be stored in covered containe rs and returned to the supplier or to a firm which processes solvents for disposal.

(8) Conveyorized degreasers.

(a) The owner or operator of conveyorized cold cleane rs and conveyorized vapor degreasers shall comply with the following operatin g requirements:

(i) Exhaust ventilation shall not exceed twenty cubic meters per minute per square meter (65 cfm per ft 2 ) of degreaser opening, unless necessary to meet OS HA requirements. (ii) Post in the immediate work area a permanent and c onspicuous pictograph or instructions clearly explaining the following work practices:

(A) Rack parts for best drainage.

(B) Maintain vertical speed of conveyed parts to less than 3.35 meters per minute (11 feet per minute).

(C) The condenser water shall be turned on before the sump heater when starting up a cold vapor degreaser. The sump heater shall be turned off and the solvent vapor layer allowed to collapse before clos ing the con-denser water when shutting down a hot vapor degreaser.

(D) Water shall not be visible in the solvent stream from the water separator.

(iii) Vapor degreasers shall be equipped with at least the following three safety

switches:

(A) Condenser flow switch and thermostat (shuts off s ump heat if coolant is either not circulating or too warm); andTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 138 (B) Spray safety switch (shuts off spray pump if the va por level drops excessively); and

(C) Vapor level control thermostat (shuts off sump heat when vapor level rises too high).

(b) A routine inspection and maintenance program shall be implemented for the purpose of preventing and correcting solvent losses. For examp le, leaks from drain taps, cracked gaskets, and malfunctioning equipment must be repai red immediately.

(c) Sump drainage and transfer of hot or warm solvent shall be carried out using threaded or other leakproof couplings.

(d) Still and sump bottoms shall be kept in closed co ntainers.

(e) Waste solvent shall be stored in covered containe rs and returned to the supplier or to a firm which processes solvents for disposal.

(f) All conveyorized cold cleaners and conveyorized vap or degreasers with air/vapor

interfaces of 2.0 m 2 or greater shall have a carbon adsorption system, e xhausting less than 25 ppm of solvent averaged over a complete adsorption cycle (based on exhaust ventilation of

15 m 3 per min per m 2 of air/vapor area, when downtime covers are open), or a system with control effectiveness equal to or better than a car bon adsorption system.

(9) Cutback asphalt paving.

(a) All paving applications of cutback asphalts are p rohibited during the months of April, May, June, July, August, September and October, exc ept as provided for in SWAPCA 490-040 (9)(b).

(b) The following paving uses and applications of cut back asphalts are permitted during all months of the year.

(i) As a penetrating prime coat on aggregate bases pr ior to paving.

(ii) The manufacture of patching mixes used exclusivel y for pavement maintenance and needed to be stockpiled for times longer than o ne month.

(iii) All paving uses when the temperature during applica tion is below 10 ° C (50 ° F). Any person using cutback asphalt for paving shall d emonstrate that the ambient air temperature at 8 a.m. (PST) is below 50 ° F. The paving application of cutback asphalt when the ambient air temperature is 50 ° F or higher is in violation of this regulation.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 139 (10) Cold cleaners.

(a) The owners or operators of all cold cleaners shall comply with the following equipment specifications:

(i) Be equipped with a cover that is readily opened and closed.

(ii) Be equipped with a drain rack that returns the drai ned solvent to the solvent

bath.

(iii) Have a freeboard ratio of at least 0.5.

(iv) Have a visible fill line.

(b) An owner or operator of a cold cleaner shall be res ponsible for following the required operating parameters and work practices. The owner shall post and maintain in the work area of each cold cleaner a pictograph or instructions c learly explaining the following work practices:

(i) The solvent level shall not be above the fill line.

(ii) The spraying of parts to be cleaned shall be perfor med only within the confines

of the cold cleaner.

(iii) The cover of the cold cleaner shall be closed whe n not in use or when parts are being soaked or cleaned by solvent agitation.

(iv) Solvent-cleaned parts shall be rotated to drain cav ities or blind holes and then set to drain until dripping has stopped.

(v) Waste solvent shall be stored in covered containers and returned to the supplier or to a firm which processes solvents for disposal.

(c) The owner or operator shall maintain cold cleaners in good working condition and free

of solvent leaks.

(d) If the solvent has a vapor pressure greater than 2.0 kPa (0.3 psi) measured at 38 ° C
(100 ° F), or if the solvent is agitated or heated, then t he cover must be designed so that it can be easily operated with one hand.

(e) If the solvent has a vapor pressure greater than 4.3 kPa (0.6 psi) measured at 38 ° CTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 140 (100 ° F), then the drainage facility must be internal, so that parts are enclosed under the cover while draining. The drainage facility may be extern al for applications where an internal type cannot fit into the cleaning system.

(f) If the solvent has a vapor pressure greater than 4.3 kPa (0.6 psi) measured at 38 ° C
(100 ° F), or if the solvent is heated above 50 ° C (120 ° F), one of the following solvent vapor control systems must be used:

(i) The freeboard ratio must be equal to or greater t han 0.70; or

(ii) Water must be kept over the solvent. The solvent m ust be more dense and

insoluble in water.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-080 EXCEPTIONS AND ALTERNATIVE METHODS

(1) Other emission reduction methods may be used if the source operator demonstrates to SWAPCA that they are at least as effective as the r equired methods; and

(2) The operation of a natural gas-fired incinerator an d associated capture system installed for the purpose of complying with this regulation shall be required only during the months of April, May, June, July, August, September and October, unless t he operation of such devices is required for purposes of occupational health or safety, or for t he control of toxic substances, malodors, or other regulated pollutants.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-090 - NEW SOURCE REVIEW

The provisions of SWAPCA 400-110 shall apply to all new sources and emissions units to which this regulation is applicable.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-200 PETROLEUM REFINERY EQUIPMENT LEAKS

(1) Specific applicability. This section shall apply to all petroleum refineries as qualified in

SWAPCA 490-025.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a petroleum refine ry shall:TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 141 (i) Develop and conduct a monitoring program consiste nt with the provisions in SWAPCA 490-200(3), 490-200(4), 490-200(5), and 400- 105;

(ii) Record all leaking components which have a VOC conc entration greater than 10,000 ppm when tested according to the provisions in SWAPCA 490-200(3) and place an identification tag on each component consi stent with the provisions of SWAPCA 490-200 (4)(c);

(iii) Correct and retest the leaking component, as defi ned in SWAPCA 490-200 (2)(a)(ii), as soon as practicable, but not later t han fifteen days after the leak is

recorded. If a leak continues after all reasonable corrective actions have been taken, then the component shall be repaired or replaced on the next scheduled turnaround.

(iv) Identify all leaking components, as defined in SWAP CA 490-200 (2)(a)(ii), that cannot be corrected until the refinery unit is shut down for turnaround.

(b) The owner or operator of a petroleum refinery sha ll not install or operate a valve at the end of a pipe or line containing VOC unless the pip e or line is sealed with a second suitable closure. Exceptions to this requirement are the end s of a pipe or line connected to pressure relief valves, aspirator vents or other devices spe cifically required to be open for safety protection. The sealing device may be removed only when a sample is being taken or during maintenance operations.

(3) Testing procedures. To demonstrate compliance with this regulation, refer to SWAPCA 400-105(5).

(4) Monitoring.

(a) The owner or operator of a petroleum refinery sha ll conduct a monitoring program consistent with the following provisions:

(i) Monitor yearly by the methods referenced in SWAPC A 490-200(3) all pump seals, pipeline valves in liquid service and proces s drains;

(ii) Monitor quarterly by the methods referenced in SW APCA 490-200(3) all compressor seals, pipeline valves in gaseous servic e and pressure relief valves in gaseous service;

(iii) Monitor weekly by visual methods all pump seals;

(iv) Monitor immediately any pump seal from which liquid s are observed leaking;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 142 (v) Monitor any relief valve within twenty-four hours a fter it has vented to the atmosphere; and

(vi) After a leaking component is repaired, monitor for leaks prior to return to

service.

(b) Pressure relief devices that are connected to an op erating flare header, vapor recovery device, inaccessible valves, storage tank valves, and valve s that are not externally regulated are exempt from the monitoring requirements in SWAPCA 490-200 (4)(a ).

(c) The owner or operator of a petroleum refinery, upon the detection of a leaking component, as defined in SWAPCA 490-200 (2)(a)(ii), shall affix a weatherproof and readily visible tag, bearing an

identification number and the date the leak is loca ted, to the leaking component. This tag shall remain in place until the leak is corrected.

(5) Recordkeeping.

(a) The owner or operator of a petroleum refinery sha ll maintain a leaking component’s monitoring log as specified in SWAPCA 490-200 (2)(a )(ii) that shall contain, at a minimum, the following data:

(i) The name of the process unit where the component is located.

(ii) The type of component (e.g., valve, seal).

(iii) The tag number of the component.

(iv) The date on which a leaking component is discovered

.

(v) The date on which a leaking component is repaired

.

(vi) The date and instrument reading of the recheck proc edure after a leaking component is repaired.

(vii) A record of the calibration of the monitoring ins trument.

(viii) Those leaks that cannot be repaired until turnaroun d.

(ix) The total number of components checked and the tota l number of components found leaking.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 143 (b) Copies of the monitoring log shall be retained by t he owner or operator for a minimum of two years after the date on which the record was made or the report prepared.

(c) Copies of the monitoring log shall immediately be m ade available to SWAPCA, upon verbal or written request, at any reasonable time.

(6) Reporting. The owner or operator of a petroleum r efinery shall notify SWAPCA in writing within forty-five days following each quarterly or annual inspection for component leaks when:

(a) The number of discovered leaks has increased by m ore than ten percent above the number recorded during the last inspection of the s ame components;

(b) The number of leaking components has increased fo r two consecutive quarterly or annual inspections;

(c) The number of leaks not corrected within fifteen days exceeds five percent of the leaks detected;

(d) The next scheduled process unit turnaround needed to repair an uncorrectable leak is more than twelve months away.

(7) Petition for alternative monitoring.

(a) After two complete liquid service inspections and f ive complete gaseous service inspections, the owner or operator of a petroleum r efinery may petition the director for alternative monitoring procedures or a reduction in monitoring frequency.

(b) A petition for alternative monitoring procedures sh all contain:

(i) The name and address of the company and the name and telephone number of the responsible person over whose signature the petitio n is submitted;

(ii) A detailed description of the problems encountered under SWAPCA 490-200(4); and

(iii) A detailed description of the alternative monitorin g procedures and how this alternative procedure will solve or reduce the prob lems encountered under SWAPCA 490-200(4).

(c) A petition for a reduction in monitoring frequency shall contain:

(i) The information requested in SWAPCA 490-200 (7)(b )(i);TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 144 (ii) A detailed description of the proposed component-mo nitoring schedule;

(iii) A demonstration by the owner or operator that the facility is currently operating with a low level of component leaks and is committe d to a maintenance program that will assure a frequency and severity of component l eaks as good as that attainable under SWAPCA 490-200(2).

(d) An approved petition for a reduction in monitorin g frequency shall begin with the next quarterly inspection and shall be valid for a perio d of twelve quarters (three years). At the time of the last inspection in the twelve quarters, a new submittal of the information required in SWAPCA 490-200 (7)(c) shall be made if the reduc ed frequency of monitoring is to

continue.

(e) SWAPCA may approve a part or all of a petition fo r alternative monitoring requested under SWAPCA 490-200 (7)(b) or (c). Approval or dis approval will be in writing and within forty-five calendar days of receipt of the petition by SWAPCA. A failure to approve or disapprove a new petition or petition for renewal w ithin the stated time limit shall be taken as an approval.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-201 PETROLEUM LIQUID STORAGE IN EXTERNA L FLOATING

ROOF TANKS

(1) Specific applicability.

(a) This section shall apply to all petroleum liquid st orage vessels equipped with external floating roofs, having capacities greater than 150, 000 liters (40,000 gallons), and as qualified

in SWAPCA 490-025.

(b) This section does not apply to petroleum liquid sto rage vessels that:

(i) Are used to store waxy, heavy pour crude oil; or

(ii) Have capacities less than 1,600,000 liters (420,000 gallons) and are used to store produced crude oil and condensate prior to le ase custody transfer; or

(iii) Contain a petroleum liquid with a true vapor pressu re of less than 10.5 kPa (1.5 psia); or

(iv) Contain a petroleum liquid with a true vapor pressu re less than 27.6 kPa (4.0TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 145 psia); are of welded construction; and presently po ssess a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid f illed type seal, or other closure device of demonstrated equivalence approved by SWAP CA; or

(v) Are of welded construction, equipped with a metal lic-type shoe primary seal and have secondary seal from the top of the shoe seal t o the tank wall (shoe-mounted secondary seal).

(2) Provisions for specific processes.

(a) No owner(s) or operator(s) of a petroleum liquid storage vessel shall store a petroleum liquid in that vessel unless:

(i) The vessel has been fitted with:

(A) A continuous secondary seal extending from the fl oating roof to the tank wall (rim-mounted secondary seal); or

(B) A closure or other device which controls VOC emissi ons with an effectiveness equal to or greater than a seal requi red under SWAPCA 490-201 (2)(a)(i)(A) and approved by SWAPCA.

(ii) All seal closure devices meet the following require ments:

(A) There are no visible holes, tears, or other openi ngs in the seal or seal fabric;

(B) The seal is intact and uniformly in place around th e circumference of the floating roof between the floating roof and the tan k wall; and

(C) For vapor mounted primary seals, the accumulated area of gaps exceeding 0.32 cm (1/8 inch) in width between the s econdary seal and the

tank wall shall not exceed 21.2 cm 2 per meter of tank diameter (1.0 in 2 per foot of tank diameter), as determined by the method in SWAPCA 490-201(3).

(iii) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:

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

(B) Equipped with projections into the tank which remai n below the liquidTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 146 surface at all times.

(iv) Automatic bleeder vents are closed at all times exc ept when the roof is floated off or landed on the roof leg supports;

(v) Rim vents are set to open when the roof is being fl oated off the leg supports or at the manufacturer’s recommended setting; and

(vi) Emergency roof drains are provided with slotted mem brane fabric covers or equivalent covers which cover at least ninety perce nt of the area of the opening.

(b) The owner(s) or operator(s) of a petroleum liquid s torage vessel with an external floating roof subject to this regulation shall:

(i) Perform routine inspections annually in order to ensure compliance with SWAPCA 490-201 (2)(a) and the inspection shall incl ude a visual inspection of the secondary seal gap;

(ii) Measure the secondary seal gap annually in accordan ce with SWAPCA 490-201(3) when the floating roof is equipped with a vapor-mounted primary seal;

and

(iii) Maintain records of the types of volatile petrole um liquids stored, the maximum true vapor pressure of the liquid as stored , and the results of the inspections performed in SWAPCA 490-201 (2)(b)(i) a nd (ii).

(c) The owner(s) or operator(s) of a petroleum liquid storage vessel with an external floating roof exempted from this regulation by SWAP CA 490-201 (1)(b)(iii), but containing a petroleum liquid with a true vapor pressure great er than 7.0 kPa (1.0 psi), shall maintain records of the average monthly storage temperature, the type of liquid, and the maximum true vapor pressure for all petroleum liquids with a true vapor pressure greater than 7.0 kPa.

(d) Copies of all records under SWAPCA 490-201 (2)(b) a nd (c) shall be retained by the owner(s) or operator(s) for a minimum of two years after the date on which the record was

made.

(e) Copies of all records required under SWAPCA 490-201 shall immediately be made available to the director, upon verbal or written r equest, at any reasonable time.

(3) Testing and monitoring.

(a) The owner or operator of a storage vessel covered u nder SWAPCA 490-201 shallTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 147 demonstrate compliance by the methods of this subse ction or an alternative method approved by SWAPCA.

(b) A person proposing to measure the seal fit of a sto rage vessel in order to comply with this section shall notify SWAPCA of the intent to m easure not less than five working days before the measurement so the director or a represe ntative may observe the measurement if

desired.

(c) Compliance with SWAPCA 490-201 (2)(a)(ii)(C) shal l be determined by physically measuring the length and width of all gaps around t he circumference of the secondary seal in each place where a 0.32 cm (1/8 in.) diameter probe passes freely (without forcing or binding against the seal) between the seal and the tank wal l and summing the area of the individual

gaps.
State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-202 LEAKS FROM GASOLINE TRANSPORT TANKS AND VAPOR

COLLECTION SYSTEMS

(1) Specific applicability.

This section shall apply to all gasoline transport tanks equipped for gasoline vapor collection and al l vapor collection systems at gasoline loading termin als, bulk gasoline plants and gasoline dispensing facilities as qualified in SWAPCA 490-025 and 490-0 40.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a gasoline loading o r unloading facility shall only allow the transfer of gasoline between the facility and a tra nsport tank when a current leak test certification for the transport tank is on file wit h the facility or a valid inspection sticker is displayed on the vehicle.

(b) The owner(s) or operator(s) of a transport tank sha ll not make any connection to the tank for the purpose of loading or unloading gasoline, e xcept in the case of an emergency, unless the gasoline transport tank:

(i) Is tested annually according to the schedule in S WAPCA 490-202 (3)(b) and the test procedure referenced in SWAPCA 490-202 (3)(c);

(ii) Sustains a pressure change of no more than 0.75 kil opascals (3 inches of water) in five minutes when pressurized to a gauge pressure of 4.5 kilopascals (460 mm H 2 O or 18 inches of water) or evacuated to a gauge pressure of 1.5 k ilopascals (150 mm H 2 O or 6 inches ofTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 148 water) during the testing required in SWAPCA 490-20 2 (2)(b)(i). Effective December 15, 1997, certification and allowable pressures shall b e as provided below in accordance with 40 CFR 63.420 et seq. (Subpart R);

Tank or Compartment Capacity liters (gallons) Certification Pressure

mm H 2 0 (in. H 2 0) Pressure Change Any Time

mm H 2 0 (in. H 2 0)

9464 or more (2500 or more) 25 (1.0) 64 (2.5)

9463 to 5676 (2499 to 1500) 38 (1.5) 76 (3.0)

5679 to 3785 (1499 to 1000) 51 (2.0) 89 (3.5)

3782 or less (999 or less) 64 (2.5) 102 (4.0)

(iii) Is repaired by the owner(s) or operator(s) and rete sted within fifteen days of testing if it does not meet the criteria of SWAPCA 490-202 (2) (b)(ii);

(iv) All transport tanks transferring gasoline at bulk plants and stationary tanks (including dispensing facilities) shall use gasoline vapor rec overy equipment as provided in SWAPCA 491-040 (3).

(c) The owner(s) or operator(s) of a transport tank sha ll:

(i) Have a current leak test certification for the tran sport tank on file with each gasoline loading or unloading facility where gasoline is tra nsferred; or

(ii) Display a sticker near the Department of Transpor tation certification plate required by

49 CFR 178.340-10b which:

(A) Shows the date that the gasoline tank truck last passed the test required in SWAPCA 490-202 (2)(b)(i) and (ii);

(B) Shows the identification number of the gasoline t ank truck tank;

(C) Shows the certification number of the tanker; and

(D) Shows the expiration date.

(d) The owner(s) or operator(s) of a vapor collection system shall:

(i) Operate the vapor collection system and the gasol ine loading equipment during allTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 149 loadings and unloadings of transport tanks equipped for emission control such that:

(A) A gauge reading of tank pressure will not exceed 4 .5 kilopascals (18 inches of water) or vacuum 1.5 kilopascals (6 inches of water );

(B) The concentration of gasoline vapors is below the l ower explosive limit (LEL, measured as propane) at all points a distance of 2. 5 cm (1 inch) from potential leak sources when measured by the method in SWAPCA 490-2 02(3); and

(C) There are no visible liquid leaks.

(ii) Repair and retest a vapor collection system that ex ceeds the limits of SWAPCA 490-202 (2)(d)(i) within fifteen days.

(e) SWAPCA may, at any time, monitor a gasoline transpo rt tank and vapor collection system during loading or unloading operations by the proce dure in SWAPCA 490-202(3)(d) to confirm continuing compliance with SWAPCA 490-202 (2)(b) or (d).

(f) SWAPCA may, at any time, require that a cargo tank be tested for leak detection, pressure decay, or vapor tightness using the procedures iden tified in 40 CFR 63.425(f),(g), and (h). The allowable pressure change for testing under 40 CFR 425 (g) and (h) shall be as provided in column three of the table in 2(b) of this section.

(3) Testing and monitoring.

(a) The owner(s) or operator(s) of a gasoline transpo rt tank or vapor collection system shall, at his own expense, demonstrate compliance with SWAPCA 490-202 (2)(a) and (b), respectively. All tests shall be made by, or under the direction of, a person qualified to perform the tests. Persons or companies performing the testing shall b e ap-proved by SWAPCA. Persons or companies performing testing shall submit a copy of their test procedures and test equipment calibration procedures to SWAPCA for review and app roval for initial qualification. SWAPCA may request calibration and test procedures as nece ssary to assure continued proper test protocol.

(b) Certification testing shall be performed annually a nd the certification sticker shall be replaced annually. Certification testing shall be p erformed no later than the expiration date on the sticker and no sooner than 30 days prior to the expiration date. Renewals shall be made for a period of one year from the previous expiration dat e. Expiration dates shall initially be established by SWAPCA based on a successful certifi cation test. The expiration date may be requested to be adjusted by an owner or operator bu t, if adjusted, shall not exceed one year from

the date of the last valid certification test.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 150 (c) Compliance shall be demonstrated for each required test by the following methods:

TEST TYPE METHOD Annual certification (40 CFR 63.425(e)) EPA Met hod 27 Leak detection test (40 CFR 63.425(f)) EPA Meth od 21 Nitrogen pressure decay field test (40 CFR 63.425(g )) See 40 CFR 63.425(g) Continuous performance pressure decay (40 CFR 63.42 5(h)) EPA Method 27

(d) Monitoring to confirm the continuing existence of leak tight conditions shall be consistent with the procedures in SWAPCA 490-202 (3)(c).

(4) Record keeping.

(a) The owner(s) or operator(s) of a gasoline transpo rt tank or vapor collection system shall maintain records of all certification tests and rep airs for at least two years after the test or repai r is completed.

(b) The records of certification tests required by SWAP CA 490-202 (4)(a) shall, as a minimum, contain:

(i) The transport tank identification number and tank capacity;

(ii) The initial test pressure and the time of the rea ding;

(iii) The final test pressure and the time of the readi ng;

(iv) The initial test vacuum and the time of the reading ;

(v) The final test vacuum and the time of the reading;

(vi) At the top of each report page, the company name, d ate and location of the tests on that page; and

(vii) Name, signature, and title of the person conducti ng the test.

(c) The owner(s) or operator(s) of a gasoline transport tank shall annually certify that the transport tank passed the required tests.

(d) Each owner or operator of a gasoline transport ta nk shall pay a fee and register annually for each gasoline transport tank as provided in SWAPCA 400-100 (3). The registration fee is due at the time of initial certification and subsequently at the time of annual certification renewal.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 151 (e) Copies of all records required under SWAPCA 490-2 02 shall immediately be made available to SWAPCA, upon written request, at any r easonable time.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-203 PERCHLOROETHYLENE DRY CLEANING SYST EMS

(1) Specific applicability. This section shall apply to all dry cleaning systems using perchloroet-hylene cleaning solvent and as qualifie d in SWAPCA 490-203 (1)(a) and (b) and

490-025.

(a) The following dry cleaning systems are exempt fro m the requirements of SWAPCA 490-203 (2)(a)(i) and (ii):

(i) Coin-operated systems;

(ii) Systems located in a facility with inadequate spa ce to accommodate an adsorber;

(iii) Systems with insufficient steam capacity to desorb adsorbers.

(b) An exemption for the conditions stated in SWAPCA 490-203 (2)(a)(i) and (ii) may be granted by SWAPCA when sufficient evidence is submi tted by the owner(s) or operator(s) of the dry cleaning system to justify the exemption.

(c) A material balance will be used to determine VOC losses.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a perchloroethylene dry cleaning facility subject to this regulation shall:

(i) Vent the entire dryer exhaust through a properly functioning carbon adsorption system or equally effective control device;

(ii) Emit no more than 100 ppmv when demonstrated in acc ordance with SWAPCA 490-203 (3)(c)(i), of VOCs from the dryer control d evice before dilution;

(iii) Immediately repair all components found to be lea king liquid VOCs;

(iv) Cook or treat all diatomaceous earth filters so tha t the residue contains 25 kg or less of VOCs per 100 kg of wet waste material;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 152 (v) Reduce the VOCs from all solvent stills to 60 kg or less per 100 kg of wet waste material;

(vi) Drain all filtration cartridges, in the filter hous ing or other enclosed container, for at least twenty-four hours before discarding the cartr idges; and

(vii) When possible, dry all drained cartridges without e mitting VOCs to the atmosphere.

(3) Testing and monitoring.

(a) Compliance with SWAPCA 490-203 (2)(a)(i), (vi), and (vii) shall be determined by means of visual inspection.

(b) Compliance with SWAPCA 490-203 (2)(a)(iii) shall be determined by means of visual inspection of the following components:

(i) Hose connections, unions, couplings and valves;

(ii) Machine door gaskets and seatings;

(iii) Filter head gasket and seating;

(iv) Pumps;

(v) Base tanks and storage containers;

(vi) Water separators;

(vii) Filter sludge recovery;

(viii) Distillation unit;

(ix) Diverter valves;

(x) Saturated lint from lint basket; and

(xi) Cartridge filters.

(c) Compliance with SWAPCA 490-203 (2)(a)(ii) shall b e demonstrated by:

(i) A test consistent with the procedures on file with and approved by SWAPCA; orTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 153 (ii) The proper installation, operation, and maintenance of equipment that has been demonstrated by the owner(s) or operator(s) to adeq uately meet the emission limits in SWAPCA 490-203 (2)(a)(ii).

(d) Compliance with SWAPCA 490-203 (2)(a)(iv) and (v) shall be demonstrated by tests consistent with the procedures on file with and app roved by SWAPCA.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-204 GRAPHIC ARTS SYSTEMS

(1) Specific applicability.

(a) This section shall apply to all packaging rotogravu re, publication rotogravure, specialty printing operations, and flexographic printing faci lities that use more than 90 megagrams (100 tons) per year of VOCs as a component of ink, for t he thinning of ink, cleaning of presses, press components and equipment; and are covered by SWAPCA 490-025.

(b) Machines that have both coating units (apply a unif orm layer of material across the entire width of a web) and printing units (forming words, designs, and pictures) shall be included under SWAPCA 490-204 rather than SWAPCA 490-040(6), Surface Coaters.

(2) Provisions for specific processes.

(a) No owner(s) or operator(s) of a packaging rotogra vure, publication rotogravure or flexographic printing subject to this regulation an d employing solvent containing ink may operate, cause, allow or permit the operation of th e facility unless:

(i) The volatile fraction of ink, as it is applied to t he substrate, contains twenty-five percent by volume or less of organic solvent and se venty-five percent by volume or more of water;

(ii) The ink as it is applied to the substrate, less wat er, contains sixty percent by volume or more nonvolatile material; or

(iii) The owner(s) or operator(s) installs and operates a system that captures at least ninety percent by weight and;

(A) A carbon adsorption system which reduces the volati le organic emissions from the capture system by at least ninety percent by we ight;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 154 (B) An incineration system which oxidizes at least nine ty percent of the nonmethane VOCs (VOC measured as total combustible carbon) to carbon dioxide and water; or

(C) An alternative VOC emission reduction system demo nstrated to have at least a ninety percent reduction efficiency, measured acros s the control system, and has been approved by SWAPCA.

(b) A collection system shall be used with the emissi on controls of SWAPCA 490-204 (2)(a)(iii). The design and operation of the collec tion system shall be consistent with good engineering practice, and shall provide an overall reduction in the emission of VOCs of at least:

(i) Seventy-five percent where a publication rotograv ure process is used; or

(ii) Sixty-five percent where a packaging rotogravure pr ocess is used; or

(iii) Sixty percent where a flexographic process is used.

(3) Testing and monitoring.

(a) To demonstrate compliance with this regulation, ref er to SWAPCA 400-105.

(b) When add-on control equipment is used, continuous m onitors of the following parameters shall be installed, periodically calibrated, and op erated at all times that the associated control equipment is operating:

(i) Exhaust gas temperature of all incinerators;

(ii) Temperature rise across a catalytic incinerator bed ;

(iii) Breakthrough of VOC on a carbon adsorption unit; an d

(iv) Any other continuous monitoring or recording device required by SWAPCA.

(c) The owner or operator of a facility shall be resp onsible for all expenses of monitoring required by SWAPCA 490-204 (3)(b).

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-205 SURFACE COATING OF MISCELLANEOUS ME TAL PARTS AND

PRODUCTSTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 155 (1) Specific applicability. This section shall apply to surface coating of miscellaneous metal parts and products in the following industries, if the po tential uncontrolled emissions of VOC is greater than 10 tons per year and as qualified in SWAPCA 49 0-205 (1)(b), (c), and (d), and 490-025. (a) Miscellaneous metal parts and products shall includ e:

(i) Large farm machinery (harvesting, fertilizing and planting machines, tractors, combines, etc.);

(ii) Small farm machinery (lawn and garden tractors, law n mowers, rototillers, etc.);

(iii) Small appliances (fans, mixers, blenders, crock pot s, dehumidifiers, vacuum cleaners, etc.);

(iv) Commercial machinery (office equipment, computers and auxiliary equipment, typewriters, calculators, vending machines, etc.);

(v) Industrial machinery (pumps, compressors, conveyor components, fans, blowers, transformers, etc.);

(vi) Fabricated metal products (metal covered doors, fra mes, etc.); and

(vii) Any other industrial category which coats metal par ts or products under the Standard Industrial Classification Code of Major Group 33 (p rimary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (non -electric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportat ion equipment), Major Group 38 (miscellaneous instruments), Major Group 39 (miscel laneous manufacturing industries), Major Group 40 (railroad transportation), and Major Group 41 (transit passenger transportation).

(b) This section is not applicable to the surface coati ng of the following metal parts and products:

(i) Automobiles and light-duty trucks;

(ii) Metal cans;

(iii) Flat metal sheets and strips in the form of rolls or coils;

(iv) Magnet wire for use in electrical machinery;

(v) Metal furniture;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 156 (vi) Large appliances;

(vii) Airplanes;

(viii) Automobile refinishing;

(ix) Customized top coating of automobiles and trucks, if production is less than thirty-five vehicles per day; and

(x) Exterior of marine vessels.

(c) This regulation applies to the application area, fl ashoff area, air and forced air drier, and oven used in the surface coating of the metal parts and products in SWAPCA 490-205(1)(a). This regulation also applies to prime coat, top coa t, and single coat operations.

(d) The application of coatings whose formulations ar e controlled by federal specifications and the use of which is required by federal agencie s shall be exempt from the emission limits in SWAPCA 490-205 (2)(a).

(e) A case-by-case determination of the emission cont rols best representing RACT may be substituted for the requirements of SWAPCA 490-205( 2). Such a determination shall be approved by SWAPCA.

(2) Provisions for specific processes.

(a) The owner or operator of a coating application sy stem shall not emit a quantity of VOCs greater than those listed by specific coating, excl uding water and as delivered to the application

system:

( i) Clear coatings 0.52 kg/liter (4.3 lb/ gallon)

(ii) Extreme performance coatings 0.42 kg/liter (3.5 lb/ gallon)

(iii) Air dried coatings 0.42 kg/ liter (3.5 lb/ gallon)

(iv) All others 0.36 kg/ liter (3.0 lb/ gallon)

(v) Powder coatings 0.05 kg/ liter (0.4 lb/ gallon)

(b) When more than one emission limitation listed in SW APCA 490-205 (2)(a) applies to a specific coating, the least stringent will apply.

(c) All VOC emissions from solvent washings shall be considered in the emission limitations in SWAPCA 490-205 (2)(a), unless the solvent is dir ected into containers that preventTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 157 evaporation into the atmosphere.

(d) The emission limits set forth in SWAPCA 490-205 (2 )(a) shall be achieved by:

(i) The application of low solvent coating technology; or

(ii) An incineration system that oxidizes at least nin ety percent of the VOCs (VOC measured as total combustible carbon) to carbon dio xide and water; or

(iii) An equivalent means of VOC reduction certified by the owner(s) or operator(s) and approved by SWAPCA.

(e) A collection system shall be used together with t he incinerator of SWAPCA 490-205 (2)(d)(ii). The design and operation of the collect ion system shall be consistent with good engineering practice and provide for an overall VOC emission reduction necessary to comply with the emission limits of SWAPCA 490-205 (2)(a). The required VOC emission reduction

shall be calculated on a unit volume of uncured sol ids basis.

(3) Testing and monitoring

(a) SWAPCA may require the owner(s) or operator(s) of a source to demonstrate at his/her own expense, compliance by the methods of SWAPCA 49 0-205(3)(c).

(b) The owner(s) or operator(s) of a source shall not ify SWAPCA at least ten days before a proposed emission certification test so the directo r or a representative may observe the test.

(c) To demonstrate compliance with this regulation, r efer to SWAPCA 400-105.

(d) SWAPCA may require monitoring of the following para meters:

(i) Exhaust gas temperature of all incinerators;

(ii) Temperature rise across a catalytic incinerator bed ; and

(iii) Breakthrough of VOC on a carbon adsorption unit.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-207 Surface Coating of Flatwood Panelin g

(1) Specific applicability.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 158 (a) This section shall apply to all flatwood panel ma nufacturers and surface finishing facilities as qualified in SWAPCA 490-207 (1)(b) and (c) and 4 90-025.

(b) These regulations shall apply to all operations and equipment that is used to apply, convey and dry (including flashoff areas) a surface patter n or coating on the following products:

(i) Printed interior panels made of hardwood plywood and thin particleboard;

(ii) Natural finish hardwood plywood panels; or

(iii) Hardboard paneling with Class II finishes.

(c) These regulations do not apply to the manufacture of exterior siding, tile board, or particleboard used as a furniture component.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a facility shall n ot emit VOCs from a coating application system in excess of:

(i) 2.9 kg per 100 square meters of coated finished p roduct (6.0 lb/1,000 square feet) from printed interior panels, regardless of the number o f coats applied;

(ii) 5.9 kg per 100 square meters of coated finished pro duct (12.0 lb/1,000 square feet) from natural finish hardwood plywood panels, regardless of the number of coats applied; and

(iii) 4.9 kg per 100 square meters of coated finished pro duct (10.0 lb/1,000 square feet) from Class II finishes on hardboard panels, regardl ess of the number of coats applied.

(b) The emission limits in SWAPCA 490-207 (2)(a) shall be achieved by:

(i) The application of low solvent content coating tech nology; or

(ii) An incineration system which oxidizes at least nine ty percent of the nonmethane VOCs entering the incinerator (VOC measured as total com bustible carbon) to carbon dioxide and

water; or

(iii) An equivalent means of VOC removal. The equivalent means must be certified by the owner(s) or operator(s) and approved by SWAPCA.

(c) A capture system shall be used in conjunction wit h the emission control systems in SWAPCA 490-207 (2)(b)(ii) and (iii). The design and operation of the capture system must beTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 159 consistent with good engineering practice and shall be required to provide for an overall

emission reduction sufficient to meet the emission limitation in SWAPCA 490-207 (2)(a).

(3) Testing and monitoring.

(a) SWAPCA may require the owner or operator of a facil ity to demonstrate at his/ her own expense compliance by the methods of WAC 173-490-20 7 (3)(c).

(b) The owner(s) or operator(s) of a facility shall n otify SWAPCA at least ten days before a proposed emission certification test so the directo r or a representative may observe the test.

(c) To demonstrate compliance with this regulation, ref er to SWAPCA 400-105.

(d) SWAPCA may require monitoring of the following para meters:

(i) Exhaust gas temperature of all incinerators;

(ii) Temperature rise across a catalytic incinerator b ed; and

(iii) Breakthrough of VOC on a carbon adsorption unit.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 490-208 AEROSPACE ASSEMBLY AND COMPONENT CO ATING

OPERATIONS

(1) Specific applicability. This section shall apply to all aerospace component coating facilities that emit an annual average of eighteen kilograms (forty pounds) or more of VOCs per operating day and as qualified in SWAPCA 490-025.

(2) It shall be unlawful for any person to cause or all ow:

(a) The application of any primer or topcoat to aerospa ce components which contains in

excess of:

(i) 650 grams of VOC per liter of primer, less water, as applied.

(ii) 600 grams of VOC per liter of topcoat, less water, as applied.

(b) The application of any temporary protective coating to aerospace components that contains more than 250 grams of VOC per liter of ma terial, less water, as applied.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 160 (c) The use of VOCs of composite vapor pressure of 10.4 kPa (1.5 psia) or greater at a temperature of 21.1 ° C (70 ° F) for surface preparation or cleanup, excluding pa int removal.

(d) The use of VOCs for the cleanup of spray equipment used in aerospace component coating operations unless 85 percent of the VOCs by weight, are collected and dis-posed so that they are not emitted to the atmosphere.

(e) The use of a stripper which contains more than 40 0 grams of VOC per liter or has a composite vapor pressure of VOCs more than 1.3 kPa (0.19 psia) at 21.1 ° C (70 ° F).

(3) The emission limits of paragraph (2) shall be achie ved by:

(a) The application of reasonably available low solve nt coating technology;

(b) A vapor collection and disposal system; or

(c) An equivalent method of VOC reduction certified b y the owner(s) or operator(s) and approved by SWAPCA.

(4) The provisions of SWAPCA 490-208 (2)(a) and (2)(b) shall not apply to the following

materials:

(a) Coatings for masking in chemical etching operatio ns,

(b) Adhesive bonding primer,

(c) Flight test coatings,

(d) Space vehicle coatings, or

(e) Fuel tank coatings.

(5) Upon the submission of an alternative coating evalu ation, SWAPCA may determine that a reasonably available low solvent coating does exist for a given application and may exempt the coating from requirements of SWAPCA 490-208. All al ternative coating evaluations shall contain,

as a minimum:

(a) Types of products to be coated,

(b) Types of coatings evaluated,

(c) Results of performance tests,TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 161 (d) Status of research into development of low VOC co atings for the application,

(e) Feasibility of installing control equipment,

(f) Mitigating measures that could be implemented to re duce VOC emissions.

State effective: 11/21/96; EPA effective: 6/18/97



### Emissions Standards and Controls for Sources Emitti ng Gasoline Vapors

SWAPCA 491-010 POLICY AND PURPOSE

(1) It is the policy of the Southwest Air Pollution Con trol Authority (SWAPCA) under the authority provided in Chapter 70.94.141, 70.94.152 and 70.94.331 RCW to provide for the systematic control of air pollution from air contam inant sources within the jurisdiction of SWAPCA.

(2) It is the purpose of this regulation to establish s tandards for the control of air contaminants emitted from gasoline marketing and dispensing sour ces within the jurisdiction of SWAPCA including Clark, Cowlitz, Lewis, Skamania, and Wahk iakum Counties.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 491-015 APPLICABILITY

This regulation applies to gasoline marketing opera tions within SWAPCA jurisdiction, including the storage, transport, and transfer of gasoline, trans fer from storage tanks into transport tanks, and transfer from storage tanks into motor vehicles. Th is regulation applies to facilities with above ground and underground storage tanks.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 491-020 DEFINITIONS

The definitions of terms contained in SWAPCA 400 ar e by this reference incorporated into this regulation. Unless a different meaning is clearly r equired by context, the following words and phrases, as used in this regulation, shall have the following meanings:

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

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

tanks.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 162 (3) “Certified vapor recovery system” means a vapor r ecovery system which has been certified by the California Air Resources Board (CARB). Only St age II vapor recovery systems with a single coaxial hose can be certified. SWAPCA may certify vapor recovery systems in addition to those certified by the California Air Resources Board as of the effective date of the regulation.

(4) “Gasoline” means a petroleum distillate which is a liquid at standard conditions and has a true vapor pressure greater than four pounds per square inch absolute (4.0 psia) at twenty degrees C
(20 ° C), and is used as a fuel for internal combustion e ngines. Also any liquid sold as a vehicle fuel with a true vapor pressure greater than four pounds per square inch absolute at twenty degrees C
(20 ° C) shall be considered “gasoline” for purpose of th is regulation.

(5) “Gasoline dispensing facility” means any site disp ensing gasoline into motor vehicle fuel tanks from stationary storage tanks (above ground or unde rground).

(6) “Gasoline loading terminal” means a gasoline trans fer 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.

(7) “Leak free” means a liquid leak or less than four d rops per minute.

(8) “SWAPCA” means the Southwest Air Pollution Contro l Authority.

(9) “Stage I” means gasoline vapor recovery during all gasoline marketing transfer operations except motor vehicle refueling.

(10) “Stage II” means gasoline vapor recovery during mo tor vehicle refueling operations from stationary tanks.

(11) “Submerged fill line” means any discharge pipe or nozzle which meets either of the following

conditions:

- Where the tank is filled from the top, the end of the discharge pipe or nozzle must be totally submerged when the liquid level is six inch es from the bottom of the tank, or;

- Where the tank is filled from the side, the disch arge pipe or nozzle must be totally submerged when the liquid level is eighteen inches from the bottom of the tank.

(12) “Submerged loading” means the filling of a tank wi th a submerged fill line.

(13) “Suitable cover” means a door, hatch, cover, lid, pipe cap, pipe blind, valve, or similar device that prevents the accidental spilling or emitting o f gasoline. Pressure relief valves, aspirator vent s,TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 163 or other devices specifically required for safety a nd fire protection are not included.

(14) “Throughput” means the amount of material passing through a facility.

(15) “Top off” means to attempt to dispense gasoline t o a motor vehicle fuel tank after a vapor recovery dispensing nozzle has shut off automatical ly.

(16) “Transport tank” means a container used for shipp ing gasoline over roadways.

(17) “True vapor pressure” means the equilibrium parti al pressure of a petroleum liquid as determined by methods described in American Petrole um Institute (API) Bulletin 2517, 1980.

(18) “Upgraded” means the modification of a gasoline s torage tank, including tank installation or replacement, or piping to add cathodic protection, tank lining or spill and overfill protection that involved removal of ground or ground cover above a portion of the product piping.

(19) “Vapor balance system” means a system consisting of the transport tank, gasoline vapor transfer lines, storage tank, and all tank vents de signed to route displaced gasoline vapors from a tank being filled with liquid gasoline.

(20) “Vapor collection system” means a closed system t o conduct vapors displaced from a tank being filled into the tank being emptied, a vapor h olding tank, or a vapor control system.

(21) “Vapor control system” means a system designed an d operated to reduce or limit the emission of gasoline vapors emission into the ambient air.

(22) “Vapor-mounted seal” means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bo unded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.

(23) “Vapor tight” means a leak of less than one hundred percent of the lower explosive limit on a combustible gas detector measured at a distance of one inch from the source or no visible evidence of air entrainment in the sight glasses of liquid d elivery hoses.

(24) “WDOE” or “Ecology” means the Washington Departme nt of Ecology.

(25) “Western Washington counties” means the following counties: Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewi s, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatc om.
State effective: 11/21/96; EPA effective: 6/18/97TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 164 SWAPCA 491-030 REGISTRATION

(1) The owner or operator of a gasoline loading termina l, bulk gasoline plant, or gasoline dispensing facility subject to the provisions of SW APCA 491-040 (2) through (5) shall register annually the facility with SWAPCA. Annual registra tion shall be made by the owner or operator on a form provided by SWAPCA within sixty days of rece ipt of the form. Such registration form shall require information relevant to determining whether the facility is in compliance with this regulation and be accompanied by the following fee:

Gasoline loading terminals five hundred dollars Bulk gasoline plants two hundred dollars Gasoline dispensing facilities one hundred dollar s Gasoline transport tankers fifty dollars

This amount of the fees collected shall only be use d to administer the registration program for facilities subject to this regulation.

(2) Administration of the registration program shall include:

(a) Initial registration and annual or other periodic reports from the source owner providing information directly related to air pollution.

(b) On-site inspections necessary to verify complianc e with registration requirements.

(c) Data storage and retrieval systems necessary for support of the registration program.

(d) Emission inventory reports and emission reduction credits computed from information provided by sources pursuant to registration.

(e) Staff review, including engineering analysis for accuracy and currentness, of information provided by sources pursuant to registr ation program requirements.

(f) Clerical and other office support provided in dir ect furtherance of the registration

program.

(g) Administrative support provided in directly carry ing out the registration program.

(3) SWAPCA will provide a written verification of reg istration to owners or operators of facilities subject to the provisions of SWAPCA 491-040 (2) thr ough (5). Such verification shall be available for inspection by SWAPCA personnel during normal bu siness hours.

(4) The owner or operator of a gasoline loading termina l or a gasoline dispensing facility shallTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 165 maintain total annual gasoline throughput records f or the most recent two calendar years. Such records shall be available for inspection by SWAPCA personnel during normal business hours.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 491-040 GASOLINE VAPOR CONTROL REQUIREMENTS

(1) Fixed-roof gasoline storage tanks.

(a) All fixed-roof gasoline storage tanks having a nomi nal storage capacity greater than forty thousand gallons shall comply with one of the follo wing:

(i) Meet 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 K).

(ii) Be retrofitted with a floating roof or internal flo ating cover using a metallic seal or a nonmetallic resilient seal at least meeting the equ ipment specifications of the federal standards referred to in (a)(i) of this subsection or its equivalent.

(iii) Be fitted with a floating roof or internal floating cover meeting the manufacturer's equipment specifications in effect when it was inst alled.

(b) All seals used in (a)(ii) and (iii) of this subse ction are to be maintained in good operating

condition and the seal fabric shall contain no visi ble holes, tears, or other openings.

(c) All openings not related to safety are to be sealed with suitable closures.

(d) Tanks used for the storage of gasoline in bulk ga soline plants and equipped with vapor balance systems as required in subsection (3)(b) of this section shall be exempt from the requirements of subsection (1) of this section.

(e) All fixed roof gasoline storage tanks subject to th is section shall comply no later than December 31, 1993 or at the time that the throughpu t is exceeded.

(2) Gasoline loading terminals.

(a) This section shall apply to all gasoline loading te rminals with an average annual gasoline throughput greater than 7.2 million gallons on a ca lendar basis and shall comply no later than December 31, 1993 or when the throughput is exceede d.

(b) Loading facilities. Facilities loading gasoline int o any transport tank shall be equipped withTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 166 a vapor control system (VCS) as described in (c) of this subsection and comply with the following conditions:

(i) The loading facility shall employ submerged or bo ttom loading for all transport tanks.

(ii) The VCS shall be connected during the entire loadin g of all transport tanks.

(iii) The loading of all transport tanks shall be perfo rmed such that the transfer is at all times vapor tight. Emissions from pressure relief v alves shall not be included in the controlled emissions when the back pressure in the VRS collection lines is lower than the relief pressure setting of the transport tank's rel ief valves.

(iv) All loading lines and vapor lines shall be equipped to close automatically when disconnected. The point of closure shall be on the tank side of any hose or intermediate connecting line.

(c) Vapor control system (VCS). The VCS shall be des igned and built according to accepted industrial practices and meet the following conditi ons:

(i) The VCS shall not allow organic vapors emitted to the ambient air to exceed thirty-five milligrams per liter (three hundred twenty-two mill igrams per gallon) of gasoline loaded.

(ii) The VCS shall be equipped with a device to monitor the system while the VCS is in operation.

(iii) The back pressure in the VCS collection lines shall not exceed the transport tank's pressure relief settings.

(3) Bulk gasoline plants and transport tanks.

(a) This section shall apply to all bulk gasoline plant s with an average annual gasoline throughput greater than 7.2 million gallons on a ca lendar basis and shall comply no later than December 31, 1993, or when the throughput is exceed ed, and gasoline transport tanks.

(b) Deliveries to bulk gasoline plant storage tanks.

(i) The owner or operator of a bulk gasoline plant shal l not permit the loading of gasoline into a storage tank equipped with vapor balance fit tings unless the vapor balance system is attached to the transport tank and operated properl y. The vapor balance system shall prevent at least ninety percent of the displaced ga soline vapors from entering the ambient air. A vapor balance system that is designed, built , and operated according to accepted industrial practices will satisfy this requirement.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 167 (ii) Storage tank requirements. All storage tanks with a nominal capacity greater than five hundred fifty gallons and used for the storage of g asoline shall comply with the following

conditions:

(A) Each storage tank shall be equipped with a submerge d fill line.

(B) Each storage tank shall be equipped for vapor balan cing of gasoline vapors with transport tanks during gasoline transfer operations

.

(C) 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 when

disconnected.

(D) The pressure relief valves on storage tanks shall b e set at the highest possible pressure consistent with local and state codes for fire and safety but in no case greater than ninety percent of the tank's safe working pres sure.

(iii) Transport tank requirements. All transport tanks tr ansferring gasoline to storage tanks in a bulk gasoline plant shall comply with th e following conditions:

(A) The transport tank shall be equipped with the prope r attachment fittings to make vapor tight connections for vapor balancing with st orage tanks.

(B) The vapor line fittings on the transport tank side of break points with the storage tank connection pipe or hose shall be equipped to c lose automatically when

disconnected.

(C) 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.

(c) Gasoline transfer operations.

(i) No owner or operator of a bulk gasoline plant or tr ansport tank shall allow the transfer of gasoline between a stationary storage tank and a transport tank except when the following conditions exist:

(A) The transport tanks are being submerged filled or bottom loaded.

(B) The loading of all transport tanks, except those ex empted under (c)(ii) of this subsection are being performed using a vapor balanc e system.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 168 (C) The transport tanks are equipped to balance vapors and maintained in a leak tight condition in accordance with SWAPCA 491-050.

(D) The vapor return lines are connected between the transport tank and the stationary storage tank and the vapor balance syste m is operated properly.

(ii) Transport tanks used for gasoline that meet all of the following conditions shall be exempt from the requirement to be equipped with any attachment fitting for vapor balance

lines if:

(A) 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 subsection (4) of this section; and

(B) The transport tank has a total nominal capacity les s than four thousand gallons and is constructed so that it would require the ins tallation of four or more separate vapor balance fittings.

(4) Gasoline dispensing facilities (Stage I).

(a) This section shall apply to the delivery of gasol ine to gasoline dispensing facilities with an annual gasoline throughput greater than three hundr ed sixty thousand gallons in Cowlitz, Lewis, Skamania and Wahkiakum Counties. For Clark C ounty, this section applies to gasoline dispensing facilities with greater than 200,000 gal lons annual throughput on a calendar year basis. All facilities subject to this section shall comply when the throughput is exceeded.

(b) All gasoline storage tanks of the facilities define d in (a) of this subsection shall be equipped with submerged or bottom fill lines and fi ttings to vapor balance gasoline vapors with the delivery transport tank.

(c) Gasoline storage tanks with offset fill lines sha ll be exempt from the requirement of (b) of this subsection if installed prior to January 1, 19 79.

(d) The owner or operator of a gasoline dispensing fa cility shall not permit the loading of gasoline into a storage tank equipped with vapor ba lance fittings unless the vapor balance system is attached to the transport tank and operat ed satisfactorily.

(e) All gasoline dispensing facilities subject to this section shall be equipped with CARB or SWAPCA certified Stage I vapor recovery fittings or equipment.

(f) Only two point Stage I fittings shall be used with vacuum assist type Stage II systems. Coaxial Stage I fittings may continue to be used fo r balance type Stage II systems and systemsTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 169 without Stage II gasoline vapor recovery controls.

(g) All Stage I gasoline vapor recovery equipment shall be maintained in proper working order at all times. All Stage I gasoline vapor reco very equipment shall be maintained in accordance with the CARB Executive Order(s) certify ing the equipment or system. Whenever a Stage I gasoline vapor recovery system or component is determined to be defective or not operating properly, the owner or operator shall imm ediately take the system out of service until repairs are made. Systems shall not be returned to service until the defective system is operating properly.

(h) Any alteration of the equipment, parts, design, or operation of the Stage I gasoline vapor recovery system as certified by CARB is prohibited, and shall not be performed without submittal of a Notice of Construction application a nd prior approval from SWAPCA.

(i) All new gasoline dispensing facilities shall have a tank tightness test performed at the time of installation to ensure proper connection and abs ence of leaks refer to WDOE publication 91-43 "Tank Owner/Operator's Guide to Tightness Tes ting"). Results of the testing shall be submitted to SWAPCA within 14 calendar days of test ing.

(j) Pressure/vacuum valves shall be installed as requir ed by the CARB Executive Order that certified the particular Stage I or Stage II vapor recovery system or equipment. Relief set points shall be as provided in the applicable CARB Executi ve Order and local fire ordinances.

(5) Gasoline dispensing facilities (Stage II)

(a) This section shall apply to the refueling of moto r vehicles for the general public from stationary tanks at all gasoline dispensing facilit ies located in Cowlitz, Lewis, and Wahkiakum Counties with an annual gasoline throughput greater than one million two hundred thousand gallons (1,200,000). For Clark County, this sectio n shall apply to gasoline dispensing facilities with an annual gasoline throughput greater than six hundred thousand gallons (600,000); these facilities shall install Stage II controls by Decem ber 31, 1998 or at the time of a facility upgrade(see definition). Skamania County is exempt from Stage II requirements as provided

in RCW 70.94.165.

(b) All gasoline dispensing facilities subject to thi s section shall be equipped with a CARB or SWAPCA certified Stage II vapor recovery system.

(c) The owner or operator of a gasoline dispensing fa cility subject to this section shall not transfer or allow the transfer of gasoline from sta tionary tanks into motor vehicle fuel tanks unless a certified Stage II vapor recovery system i s used.

(d) All Stage II vapor recovery equipment shall be in stalled in accordance with the system’sTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 170 certification requirements and shall be maintained to be leak free, vapor tight, and in good working order.

(e) Whenever a Stage II vapor recovery system component is determined 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.

(f) The owner or operator of each gasoline dispensing f acility utilizing a Stage II system shall conspicuously post operating instructions for the s ystem in the gasoline dispensing area. The instructions shall clearly describe how to fuel veh icles correctly using the vapor recovery nozzles and include a warning against topping off. Additionally, the instructions shall include a prominent display of SWAPCA’s toll free telephone number (800-633-0709) for complaints regarding the operation and condition of the vapor recovery nozzles.

(g) Every retailer and wholesale purchaser-consumer (ga soline dispensing facility) handling over 10,000 gallons per month shall equip each pump from which gasoline or methanol is

introduced into motor vehicles with a nozzle that d ispenses fuel at a flowrate not to exceed 10 gallons per minute as provided in 40 CFR 80.22 Subp art B.

(h) All new or upgraded facilities with Stage II gaso line vapor recovery controls shall conduct a performance test upon installation prior to placi ng in service. For balance type systems, the owner/operator shall conduct and pass a back pressu re/blockage test. For vacuum assist systems, the owner/operator shall conduct and pass performance testing in accordance with the applicable CARB Executive Order certifying the syst em. Results of all testing shall be submitted to SWAPCA within 14 calendar days of test completion.

(i) Pressure/vacuum valves shall be installed as requi red by the CARB Executive Order that certified the particular Stage I or Stage II vapor recovery system or equipment. Relief set points shall be as provided in the applicable CARB Executive Order and local fire ordinances.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 491-050 FAILURES, CERTIFICATION, TESTING AN D RECORDKEEPING

This section shall apply to all gasoline transport tanks equipped for gasoline vapor collection and al l vapor collection systems at gasoline loading termin als, and bulk gasoline plants as described in subsections (2) and (3) of SWAPCA 491-040.

(1) Failures. During the months of May, June, July, August, and September any failure of a vapor collection system at a bulk gasoline plant or gasol ine loading terminal to comply with this section requires the immediate discontinuation of gasoline transfer operations for the failed part of theTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 171 system. Other transfer points that can continue to operate in compliance may be used. The loading or unloading of the transport tank connected to the fa iled part of the vapor collection system may be completed during the other months of the year. Upon completion of loading or unloading of a transport tank connected at the time of the failure , gasoline transfer operations shall be discontinue d for the failed part of the system.

(2) Certification.

(a) The owner or operator of a gasoline loading termin al or bulk gasoline plant shall only allow the transfer of gasoline between the facility and a transport tank if a current leak test certification for the transport tank is on file wit h the facility or a valid inspection sticker is displayed on the vehicle. Certification is required annually as provided in SWAPCA 490-202.

(b) The owner or operator of a transport tank shall not make any connection to the tank for the purpose of loading or unloading gasoline, except in the case of an emergency, unless the gasoline transport tank has successfully completed the annual certification testing requirements in (3) of this subsection, and such certification i s confirmed either by:

(i) Having on file with each gasoline loading or unlo ading facility at which gasoline is

transferred a current leak test certification for t he transport tank; or

ii) Display a sticker near the Department of Transporta tion certification plate required by

49 CFR 178.340-10b which:

(A) Shows the date that the gasoline tank truck last pa ssed the test required in (3) of this subsection;

(B) Shows the identification number of the gasoline tan k truck tank; and

(C) Expires not more than one year from the date of the leak tight test.

(c) The owner or operator of a vapor collection syste m shall:

(i) Operate the vapor collection system and the gasolin e loading equipment during all loadings and unloadings of transport tanks equipped for emission control such that:

(A) The tank pressure will not exceed a pressure of eig hteen inches of water or a vacuum of six inches of water;

(B) The concentration of gasoline vapors is below the lower explosive limit (LEL, measured as propane) at all points a distance of on e inch from potential leak sources;

andTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 172 (C) There are no visible liquid leaks except for a li quid leak of less than four drops per minute at the product loading connection during delivery.

(D) Upon disconnecting transfer fittings, liquid leaks do not exceed ten milliliters (0.34 fluid ounces) per disconnect averaged over th ree disconnects.

(ii) Repair and retest a vapor collection system that exceeds the limits of (2)(c)(i) of this subsection within fifteen days.

(d) SWAPCA may, at any time, monitor a gasoline transpo rt tank and vapor collection system during loading or unloading operations by the proce dure in (3) of this subsection to confirm continuing compliance with this section.

(3) Testing and monitoring.

(a) The owner or operator of a gasoline transport tank or vapor collection system shall, at his own expense, demonstrate compliance with (1) and (2 ) of this subsection, respectively. All tests shall be made by, or under the direction of, a pers on qualified to perform the tests and approved by WDOE or SWAPCA.

(b) Testing to determine compliance with this section s hall use procedures approved by SWAPCA. See testing requirements in SWAPCA 490.

(c) Monitoring to confirm continuing leak tight condi tions shall use procedures approved by

SWAPCA.

(4) Recordkeeping.

(a) The owner or operator of a gasoline transport tank or vapor collection system shall maintain records of all certification tests and rep airs for at least two years after the test or repai r is completed.

(b) The records of certification tests required by th is section shall, as a minimum, contain:

(i) The transport tank identification number;

(ii) The transport tank capacity;

(iii) The initial test pressure and the time of the readi ng;

(iv) The final test pressure and the time of the readi ng;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 173 (v) The initial test vacuum and the time of the reading ;

(vi) The final test vacuum and the time of the reading;

(vii) At the top of each report page the company name, da te, and location of the tests on that page; and

(viii) Name and title of the person conducting the test.

(c) The owner or operator of a gasoline transport tank shall annually certify that the transport tank passed the required tests.

(d) Copies of all records required under this section shall immediately be made available to the department, upon written request, at any reasonable time.

(5) Preventing evaporation. All persons shall take reas onable measures to prevent the spilling, discarding in sewers, storing in open containers, o r handling of gasoline in a manner that will result in evaporation to the ambient air.

State effective: 11/21/96; EPA effective: 6/18/97

SWAPCA 491-060 SEVERABILITY

The provisions of this regulation are severable and if any provision is held invalid, the application of such provision to the other circumstances and the r emainder of this regulation shall not be affected.

State effective: 11/21/96; EPA effective: 6/18/97



### Oxygenated Fuels

SWAPCA 492-010 POLICY AND PURPOSE

The purpose of this regulation is to reduce carbon monoxide emissions from gasoline powered motor vehicles, through the wintertime use of oxygenated gasolines in areas that are either known or expected to exceed health-based air quality standar ds for carbon monoxide.

State effective: 11/21/96; EPA effective: 6/30/97

SWAPCA 492-020 APPLICABILITY

This regulation is only applicable to Clark County when the Carbon Monoxide Maintenance Plan Contingency Measure is triggered as a result of a c onfirmed violation of the carbon monoxideTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 174 National Ambient Air Quality Standard (NAAQS) in th e Vancouver air quality management area (AQMA). The Vancouver AQMA is described in the Carb on Monoxide Maintenance Plan. When triggered, this regulation shall apply to all gasol ine offered for sale in the control area and over t he control period defined in section SWAPCA 492-070. T his regulation and the discontinuance of the oxygenated fuel requirements shall be effective upo n EPA approval of the Vancouver Carbon

Monoxide Maintenance Plan.

State effective: 11/21/96; EPA effective: 6/30/97

SWAPCA 492-030 DEFINITIONS

The following words and phrases shall have the foll owing meanings:

(1) “ Authority” means the Southwest Air Pollution Contro l Authority.

(2) “Blender” means a person who owns oxygenated gasol ine which is sold or dispensed from an oxygenate blending facility for use in a control ar ea during a control period.

(3) “Control area” means an area in which only oxygena ted gasoline under the oxygenated gasoline program may be sold or dispensed. Each con trol area is a county or group of counties administered by the Authority.

(4) “Control period” means the period during which ox ygenated gasoline must be sold or dispensed within the control area which is November 1 through February 29.

(5) “Ecology. or WDOE ” means the Washington State Department of Ecology.

(6) “Gasoline” means any fuel sold for use in motor v ehicles equipped with internal combustion engines, and commonly known or sold as gasoline. Bl ended and oxygenated fuels are considered gasoline.

(7) “ Large Volume Blender” means blenders that blend and offer for sale or sell one million gallons or more, but less than 15 million gallons, of oxygenated gasoline per month, on average, during a control period within a control area.

(8) “Medium Volume Blender” means blenders that blend a nd offer for sale or sell 100 thousand gallons or more, but less than one million gallons, of oxygenated gasoline per month, on average, during a control period within a control area.

(9) “Oxygenate ” means any substance which, when added to gasoline, increases the amount of oxygen in the gasoline blend. Lawful use of any com bination of these substances requires that they be substantially similar under section 211(f)(1) of the Federal Clean Air Act (CAA), or be permittedTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 175 under a waiver granted by the Administrator of the Environmental Protection Agency under the authority of section 211(f)(4) of the CAA.

(10) “Oxygenated gasoline” means gasoline which contai ns a measurable amount of oxygenate, generally an alcohol or ether.

(11) “Small Volume Blender” means blenders that blend and offer for sale or sell less than 100 thousand gallons of oxygenated gasoline per month, on average, during a control period within a

control area.

(12) “Southwest Air Pollution Control Authority (SWAPCA )” means the regional agency empowered to enforce and implement the Federal Clea n Air Act (42 U.S.C. 7410, et seq.) and the Clean Air Washington Act (RCW 70.94) in Clark, Cowl itz, Lewis, Skamania and Wahkiakum Counties of Washington State.

(13) “Very Large Volume Blender” means blenders that blend and offer for sale or sel l 15 million gallons or more of oxygenated gasoline per month, o n average, during a control period within a

control area.

State effective: 11/21/96; EPA effective: 6/30/97

SWAPCA 492-040 COMPLIANCE REQUIREMENTS

(1) Retail Sales. No gasoline intended as a final product for fuelin g of motor vehicles within the control area and control period defined in SWAPCA 4 92-070 shall be offered for sale, sold or dispensed by any person unless the gasoline has at least 2.0% oxygen content by weight.

(2) Average Blend Requirements. Over each two-month interval during the control pe riod, gasoline intended as a final product for fueling of motor vehicles within the Authority’s control area defined in SWAPCA 492-070 supplied by blenders to p urchasers within the Authority’s control area defined in SWAPCA 492-070 shall average at least 2. 7% oxygen by weight, and in no case be less than 2.0% oxygen content by weight.

(3) Reports. Blenders shall provide periodic reports, as stipul ated in the blenders registration, to the Authority summarizing how the requirements of S WAPCA 492-040 (2) were met. With prior approval from the Authority, a credit trading progr am may be used to comply with these requirements. Such reports shall be on forms provid ed by the Authority.

State effective: 11/21/96; EPA effective: 6/30/97

SWAPCA 492-050 REGISTRATION REQUIREMENTS

(a) Each blender who offers for sale, sells, or dispe nses gasoline in the Authority’s control areaTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 176 shall register with the Authority each year. Each r equest for registration shall be on forms supplied by the Authority and shall be accompanied by a fee to compensate for the cost of administering the registration program, including on-site inspections necessary to verify compliance with these requirements. The location of each blender facility shall be included in the information provided by the blender at registration. The fee for a control area shall be based on the volume of oxygenated gasoline sold or offered for sale by the blender in that control area to comply with the provisions of SWAPCA 492-040. Applicable fees are required to be paid in full by October 1 of each year or within 30 days after becoming a blender, whichever occurs later. The following fee table shall apply

to blenders:

Small Volume Blender $ 500 Medium Volume Blender $ 1,000 Large Volume Blender $10,000 Very Large Volume Blender $25,000

(b) The total annual oxygenated fuel fees collected and retained by the Authority under this program shall not exceed $40,000. When the total fe es submitted by all blenders on October 1 of each year exceeds $40,000, there shall be a refundi ng of the excess fees collected by the Authority. The refund provided to each blender shall be derive d by prorating the excess fees based on that company’s ratio of its volume of oxygenate blended to the total volume of all oxygenate blended. Such refund shall be issued by the Authority by Dec ember 1 of each year and is applicable to all types of oxygenates.

State effective: 11/21/96; EPA effective: 6/30/97

SWAPCA 492-060 LABELING REQUIREMENTS

In addition to other labeling requirements, fuel di spensing systems delivering oxygenated gasoline shall be conspicuously labeled during the control p eriod and in the control area stated in SWAPCA

492-070 as follows:

“The gasoline dispensed from this pump is oxygenate d and will reduce carbon monoxide pollution from motor vehicles.”

State effective: 11/21/96; EPA effective: 6/30/97

SWAPCA 492-070 CONTROL AREA AND CONTROL PERIOD

The oxygenated gasoline requirements of this regula tion shall apply to the following control area during the minimum following control period. The co ntrol period may begin earlier if there is a violation of the ambient air quality standard outsi de of the control period:TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 177 CONTROL AREA COUNTIES CONTROL PERIOD

BEGINNING ENDING

Southwest Clark November 1 February 29

State effective: 11/21/96; EPA effective: 6/30/97

SWAPCA 492-080 ENFORCEMENT AND COMPLIANCE

(1) Compliance with the requirements of this regulati on shall be monitored and enforced by the Authority. Non-compliance shall be subject to the p enalties and other remedies provided in

70.94.RCW.

(2) The Authority may designate any appropriate agency of the State to assist in the compliance monitoring of this regulation.

(3) Compliance with the standards set forth in this reg ulation shall be determined by use of testing methods approved by Ecology or the Authority. The m aximum accuracy tolerance of this method shall be limited to +/-0.3% oxygen by weight, or an equivalent tolerance when measured by volume.

State effective: 11/21/96; EPA effective: 6/30/97

SWAPCA 492-090 UNPLANNED CONDITIONS

An unplanned condition, such as an unforeseen emerg ency or “act of God,” which may interfere with compliance to this regulation, shall be report ed to the Authority as soon as possible. The responsible party shall also submit a full written report within ten days to the Authority, including the known causes, the corrective actions taken, and the preventive measures to be taken to minimize or eliminate the chance of recurrence. Compliance w ith the requirements of SWAPCA 492-090 does not relieve the responsible party from the responsi bility to maintain continuous compliance with all the requirements of this regulation nor from the re sulting liabilities for failure to comply. The Authority shall consider the circumstances of the u nplanned condition, and may use the circumstances when determining enforcement.

State effective: 11/21/96; EPA effective: 6/30/97

SWAPCA 492-100 SEVERABILITY

The provisions of this regulation are severable and if any provision is held invalid, the application of such provision to the other circumstances and the r emainder of this regulation shall not be affected.

State effective: 11/21/96; EPA effective: 6/30/97TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 178 

### VOC Area Source Rules

SWAPCA 493-100 CONSUMER PRODUCTS

Reserved for adoption by reference of the U.S. Envi ronmental Protection Agency's (EPA) equivalent rule. The EPA proposed rule was publishe d in the federal register on Tuesday, April 2, 1996; Federal Register Vol. 61, No. 64, page 14531; 40 CFR 59, [AD-FRL-5451-7].

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-200-010 APPLICABILITY

(1) SWAPCA 493-200-010 through 493-200-060 apply to an y manufacturer, distributor, retailer or commercial applicator of spray paint for sale or us e in the Vancouver AQMA.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-200-020 DEFINITIONS

As used in SWAPCA 493-200:

(1) "Adhesive" means a product used to bond one surface to another

.

(2) "Anti-Static Spray" means a product used to prevent or inhibit the accu mulation of static electricity.

(3) "Art Fixative or Sealant" means a clear coating, including art varnish, worka ble art fixative, and ceramic coating, which is designed and labeled excl usively for application to paintings, pencil, chalk, or pastel drawings, ceramic art pieces, or o ther closely related art uses, to provide a final protective coating or to fix preliminary stages of art work while providing a workable surface for subsequent revisions.

(4) "ASTM" means the American Society for Testing and Material s.

(5) "Auto Body Primer" means an automotive primer or primer surface coatin g designed and labeled exclusively to be applied to a vehicle body substrate for the purpose of corrosion resistance and building a repair area which can be sanded to a smooth condition after drying.

(6) "Automotive Bumper and Trim Product" means a product, including adhesion promoters and chip sealants, designed and labeled exclusively to repair and refinish automotive bumpers and plastic trim parts.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 179 (7) "Automotive Underbody Coating" means a flexible coating which contains asphalt or rubber and is labeled exclusively for use on the underbody of motor vehicles to resist rust, abrasion and vibration, and to deaden sound.

(8) "Aviation Propeller Coating" means a coating designed and labeled exclusively to provide abrasion resistance and corrosion protection for ai rcraft propellers.

(9) "Aviation or Marine Primer" means a coating designed and labeled exclusively to meet federal specification TT-P-1757.

(10) "Belt Dressing" means a product applied on auto fan belts, water pu mp belting, power transmission belting, industrial equipment belting, or farm machinery belting to prevent slipping,

and to extend belt life.

(11) "Cleaner" means a product designed and labeled primarily to r emove soil or other

contaminants from surfaces.

(12) "Clear Coating" means a coating which is colorless, containing resi ns but no pigments, except flatting agents, and is designed and labeled to for m a transparent or translucent solid film.

(13) "Coating Solids" means the nonvolatile portion of a spray paint, con sisting of the film forming ingredients, including pigments and resins.

(14) "Complying Spray Paint" means a spray paint which complies with the VOC con tent limits in

SWAPCA 493-100-020.

(15) "Consumer" means any person who purchases or acquires any spra y paint for personal, family, or household use. Persons acquiring a spray paint product for resale are not considered consumers of that product.

(16) "Commercial Applicator" means any person who purchases, acquires, applies, or contracts for the application of spray paint for commercial, indu strial or institutional uses, or any person who applies spray paint in the course of an activity fr om which compensation is derived.

(17) "Corrosion Resistant Brass, Bronze, or Copper Coati ng" means a clear coating formulated and labeled exclusively to prevent tarnish and corrosio n of uncoated brass, bronze or copper metal

surfaces.

(18) "Distributor" means any person who sells or supplies spray paint for the purposes of resale or

distribution in commerce. "Distributor" includes ac tivities of a self-distributing retailer related to the distribution of products to individual retail outle ts. "Distributor" does not include manufacturersTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 180 except for a manufacturer who sells or supplies spr ay paint products directly to a retail outlet.

"Distributor" does not include consumers.

(19) "Dye" means a product containing no resins which is used to color a surface or object without building a film.

(20) "Electrical Coating" means a coating designed and l abeled to be used exclusively to coat electrical components such as electric motor windin gs to provide electrical insulation or corrosion protection.

(21) "Enamel" means a coating which cures by chemical cross-linki ng of its base resin and is not resoluble in its original solvent.

(22) "Engine Paint" means a coating designed and labeled exclusively as such, which is used exclusively to coat engines and their components.

(23) "Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.

(24) "Exact Match Finish, Automotive" means a topcoat wh ich meets all of the following criteria:

(a) The product is designed and labeled exclusively to exactly match the color of an original, factory-applied automotive coating during the touch-up of automobile finishes;

(b) The product is labeled with the original equipmen t manufacturer's name for which it was formulated; and

(c) The product is labeled with one of the following:

(1) The original equipment manufacturer's (OEM) color code;

(2) The color name; or

(3) Other designation identifying the specific OEM co lor to the purchaser.

(d) Notwithstanding subsections (a) through (c) of th is section, automotive clear coatings designed and labeled exclusively for use over autom otive exact match finishes to replicate the original factory applied finish shall be consid ered to be automotive exact match finishes.

(25) "Exact Match Finish, Engine Paint" means a coating which meets all of the following cr iteria: (a) The product is designed and labeled exclusively to exactly match the color of an original, factory-applied engine paint;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 181 (b) the product is labeled with the original equipmen t manufacturer's name for which it was formulated; and

(c) the product is labeled with one of the following:

(1) The OEM color code;

(2) The color name; or

(3) Other designation identifying the specific OEM colo r to the purchaser.

(26) "Exact Match Finish, Industrial" means a coating which meets all of the following cr iteria:

(a) The product is designed and labeled exclusively t o exactly match the color of an original, factory-applied industrial coating during the touch-up of manufactured products;

(b) The product is labeled with the original equipmen t manufacturer's name for which it was formulated; and

(c) The product is labeled with one of the following:

(1) The OEM color code;

(2) The color name; or

(3) Other designation identifying the specific OEM co lor to the purchaser.

(27) "Exempt compounds" means compounds of carbon specifically excluded fro m the definition

of VOC.

(28) "Flat Paint Product" means a coating which, when fully dry, registers sp ecular gloss less than or equal to 15 on an 85 o gloss meter, or less than or equal to 5 on a 60 o gloss meter, or which is labeled as a flat coating.

(29) "Flatting Agent" means a compound added to a coating to reduce the g loss of the coating without adding color to the coating.

(30) "Floral Spray" means a coating designed and labeled exclusively for use on fresh flowers, dried flowers, or other items in a floral arrangeme nt for the purpose of coloring, preserving or protecting their appearance.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 182 (31) "Fluorescent Coating" means a coating labeled as such which converts abso rbed incident light energy into emitted light of a different hue.

(32) "Glass Coating" means a coating designed and labeled exclusively to be applied to glass or other transparent material, to create a soft, trans lucent light effect, or to create a tinted or darke ned color while retaining transparency.

(33) "Ground/Traffic Marking Coating" means a coating designed and labeled exclusively to be applied to dirt, gravel, grass, concrete, asphalt, warehouse floors, or parking lots. Such coatings mu st be in a container equipped with a valve and spray h ead designed to direct the spray downward when the can is held in an inverted position.

(34) "High Temperature Coating" means a coating, excluding engine paint, which is d esigned and labeled exclusively for use on substrates which wil l, in normal use, be subjected to temperatures in excess of 400 degrees Fahrenheit.

(35) "Hobby/Model/Craft Coating" means a coating which is designed and labeled exclu sively for hobby applications and is sold in aerosol container s of 6 ounces in weight or less.

(36) "Ink" means a fluid or viscous substance used in the prin ting industry to produce letters, symbols or illustrations, but not to coat an entire surface.

(37) "Lacquer" means a thermoplastic film-forming finish dissolved in organic solvent, which dries primarily by solvent evaporation, and is reso luble in its original solvent.

(38) "Layout Fluid" or "Toolmaker's Ink" means a coating designed and labeled exclusively to be sprayed on metal, glass or plastic, to provide a gl are-free surface on which to scribe designs, patter ns or engineering guide lines prior to shaping the pie ce.

(39) "Leather Preservative" means a leather treatment material applied exclusiv ely to clean, condition or preserve leather.

(40) "Lubricant" means a substance such as oil, petroleum distillate s, grease, graphite, silicone, lithium, etc., that is applied to surfaces to reduc e friction, heat, or wear when applied between

surfaces.

(41) "Manufacturer" means the company, firm or establishment which is l isted on the product container or package. If the product container or p ackage lists two companies, firms or establishments, the manufacturer is the party which the product was "manufactured for" or "distributed by", as noted on the product container or package.

(42) "Marine Spar Varnish" means a coating designed and labeled to be exclusively used as aTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 183 protective sealant for marine wood products.

(43) "Maskant" means a coating applied directly to a component to protect surfaces during chemical milling, anodizing, aging, bonding, platin g, etching, or other chemical operations.

(44) "Metallic Coating" means a topcoat which contains at least 0.5 percent by weight elemental metallic pigment in the formulation, including prop ellant, and is labeled as "metallic", or with the name of a specific metallic finish such as "gold", "silver", or "bronze".

(45) "Mold Release" means a coating applied to molds to prevent product s from sticking to mold

surfaces.

(46) "Multi-Component Kit" means a spray paint system which requires the appli cation of more than one component, (e.g. foundation coat and top c oat), where both components are sold together in one package.

(47) "Noncomplying spray paint" means a spray paint which does not comply with the VOC

content limits in SWAPCA 493-200-030.

(48) "Non-Flat Paint Product" means a coating which, w hen fully dry, registers a specular gloss greater than 15 on an 85 o gloss meter or greater than 5 on a 60 o gloss meter.

(49) "Photograph Coating" means a coating designed and l abeled exclusively to be applied to finished photographs to allow corrective retouching , protection of the image, changes in gloss level, or to cover fingerprints.

(50) "Pleasure Craft" means privately owned boats used for noncommercial purposes.

(51) "Pleasure Craft Finish Primer/Surface/Undercoat" means any coating designed and labeled exclusively to be applied before the application of a pleasure craft topcoat for the purpose of corrosion resistance and adhesion of a topcoat, and which promotes a uniform surface by filling in surface imperfections.

(52) "Pleasure Craft Topcoat" means a coating designed and labeled exclusively to be applied to a pleasure craft as a final coat above the water line and above and below the water line when stored out of water. This category does not include clear coat ings.

(53) "Primer" means a coating labeled as such, which is designed to be applied to a surface to promote a bond between that surface and subsequent coats.

(54) "Propellant" means a liquefied or compressed gas that is used in whole or in part, such as aTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 184 cosolvent, to expel a liquid or other material from a container.

(55) "Retailer" means any person who sells, supplies, or offers spray paint for sale directly to consumers or commercial applicators.

(56) "Retail Outlet" means any establishment where spray paints are sold , supplied, or offered for sale directly to consumers or commercial applicator s.

(57) "Rust Converter" means a product which is designed and labeled exclu sively to convert rust to an inert material, and which has a minimum acid con tent of 0.5 percent by weight, and which has a maximum coating solids content of 0.5 percent by we ight.

(58) "Shellac Sealer" means a clear or pigmented coating formulated solel y with the resinous secretion of the lac beetle (Laccifer lacca), thinn ed with alcohol, and formulated to dry by evaporation without a chemical reaction.

(59) "Slip-Resistant Coating" means a coating designed and labeled exclusively as such which is formulated with synthetic grit, and used as a safet y coating.

(60) "Spatter Coating/Multicolor Coating" means a coating labeled exclusively as such in whic h spots, globules, or spatters of contrasting colors appear on or within the surface of a contrasting or similar background.

(61) "Spray Paint" means a pressurized coating product containing pigm ents or resins that dispenses product ingredients by means of a propell ant, and is packaged in a disposable can for hand-held application, or for use in specialized eq uipment for ground traffic/marking applications.

(62) "Spray Paint Category" means the applicable category which best describes a spray paint

listed in SWAPCA 493-200-030.

(63) "Stain" means a coating labeled as such which is designed a nd labeled to change the color of a surface without concealing the surface from view.

(64) "SWAPCA" means the Southwest Air Pollution Control Authority

.

(65) "Topcoat" means a coating applied over any coating, for the purpose of appearance, identification, or protection.

(66) "Vancouver Air Quality Maintenance Area" or "Vancouver AQMA" is the Vancouver portion of the Portland-Vancouver Interstate Nonatt ainment Area for Ozone as defined in the Washington State Implementation Plan. The Vancouver AQMA includes the southern portion of Clark County, Washington.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 185 (67) "Vinyl/Fabric/Polycarbonate Coating" means a coating designed and labeled exclusively to coat vinyl, fabric, or polycarbonate substrates.

(68) "Volatile Organic Compound" or "VOC" means those compounds of carbon defined in SWAPCA 400-030(89). For purposes of determining com pliance with VOC content limits, VOC shall be measured by an applicable method identifie d in SWAPCA 493-200-060.

(69) "VOC Content" means the ratio of the weight of VOC to the total w eight of the product contents expressed as follows:

VOC Content = W VOC /W TOTAL x 100

Where:

W VOC = the weight of volatile organic compounds; and

W TOTAL = the total weight of the product's contents.

(70) "Webbing/Veiling Coating" means a spray product des igned and labeled exclusively to produce a stranded or spider-webbed decorative effe ct.

(71) "Weld-Through Primer" means a coating designed and labeled exclusively to provide a bridging or conducting effect to provide corrosion protection following welding.

(72) "Wood Stain" means a coating which is formulated to change the c olor of a wood surface without concealing the surface from view.

(73) "Wood Touch-Up/Repair/Restoration Coatings" means coatings designed and labeled exclusively to provide an exact color or sheen matc h on finished wood products.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-200-030 SPRAY PAINT STANDARDS AND EXEMP TIONS

(1) General Requirements. Where required by SWAPCA 493-200-040, spray paint shall not exceed the VOC content limits in Table C, as modifi ed by the special conditions and exemptions in SWAPCA 493-200-030(2) and SWAPCA 493-200-030(3).



### Table C

SPRAY PAINT VOC CONTENT LIMITS

Spray Paint Category VOC Content Percent-by-weightTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 186 General Coatings

Clear Coating 67.0

Flat Paint Products 60.0

Fluorescent Coatings 75.0

Lacquer Coating Products 80.0

Metallic Coating 80.0

Non-Flat Paint Products 65.0

Primer 60.0

Specialty Coatings

Art Fixative or Sealant 95.0

Auto Body Primer 80.0

Automotive Bumper and Trim

Products 95.0

Aviation or Marine Primer 80.0

Aviation Propeller Coating 84.0

Corrosion Resistant Brass

, Bronze, or Copper Coatings 92.0

Exact Match Finish Engine Enamel 80.0

Automotive 88.0

Industrial 88.0

Floral Spray 95.0

Glass Coating 95.0

Ground Traffic Marking Coating 66.0

High Temperature Coating 80.0

Hobby/Model/Craft CoatingTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 187 Enamel 80.0

Lacquer 88.0

Clear or Metallic 95.0

Marine Spar Varnish 85.0

Photograph Coating 95.0

Pleasure Craft Finish Primer

Surface or Undercoater 75.0

Pleasure Craft Topcoat 80.0

Shellac Sealer

Clear 88.0

Pigmented 75.0

Slip-Resistant Coating 80.0

Spatter/Multicolor Coating 80.0

Vinyl/Fabric/Polycarbonate Coating 95.0

Webbing/Veil Coating 90.0

Weld-Through Primer 75.0

Wood Stains 95.0

Wood Touch-Up, Repair

, or Restoration Coatings 95.0

*The VOC limit for High Temperature Coatings shall be 88.0% until July 1, 1999, after which the 0.0% limit shall apply.

(2) Special Conditions. The following conditions shall apply to spray pain t subject to VOC content limits under SWAPCA 493-200-030(1):

(a) The total weight of VOC contained in a multi-compon ent kit shall not exceed the total eight of VOC that would be allowed in the multi-com ponent kit had each component product met the applicable VOC standards.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 188 (1) Except as provided in SWAPCA 493-200-030(2)(b)(B) if anywhere on the principal display panel of any spray paint or in an y promotion of the product, any representation is made that the product may be used as, or is suitable for use as a spray paint for which a lower VOC standard is speci fied in SWAPCA 493-200-030(1), then the lower VOC standard shall a pply.

(2) If a spray paint is subject to both a general coati ng limit and a specialty coating limit under SWAPCA 493-200-030(1), and the product meets all the criteria of the applicable specialty coating category as specified in SWAPCA 493-200- 020, then the specialty coating limit shall apply instead of the general coating limit.

(3) Exemption . SWAPCA 493-200-030(1) shall not apply to aerosol lubricants, mold releases, automotive underbody coating, electrical coatings, cleaners, belt dressings, anti-static sprays, layou t fluids and removers, adhesives, maskants, rust conv erters, dyes, inks, leather preservatives, or spray paint assembled by adding bulk paint to aerosol con tainers of propellant and solvent used for minor finish repairs during the original manufacture of p roducts.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-200-040 REQUIREMENTS FOR MANUFACTURE, S ALE AND USE OF

SPRAY PAINT

(1) Manufacturers. Except as provided in SWAPCA 493-200-040(6), any person who manufactures spray paint after July 1, 1996 which i s sold, offered for sale, supplied or distributed, directly or indirectly, to a retail outlet in the V ancouver AQMA shall:

(a) Manufacture complying spray paint for spray paint marketed in the Vancouver AQMA;

(b) Clearly display the following information on each p roduct container such that it is readily observable upon hand-held inspection withou t removing or disassembling any portion of the product container or packaging:

(1) The maximum VOC content of the spray paint, express ed as a percentage by weight;

(2) The spray paint category as defined in SWAPCA 493-2 00-020, or an abbreviation of the spray paint category; and

(3) The date on which the product was manufactured, o r a code indicating such date; and

(c) Notify direct purchasers of products manufactured f or sale within the VancouverTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 189 AQMA upon determining that any noncomplying spray p aint has been supplied in violation

of this rule.

(2) Distributors. Except as provided in SWAPCA 493-200-040(6), any d istributor of spray paint manufactured after July 1, 1996 which is sold, offe red for sale, supplied or distributed to a retail outlet within the Vancouver AQMA shall:

(a) Distribute to the Vancouver AQMA only spray paint s are labeled as required under subsection SWAPCA 493-200-040(1)(b);

(b) Distribute to the Vancouver AQMA only spray paints labeled with VOC contents that meet the VOC limits specified in SWAPCA 493-200-030 ; and

(c) Notify direct purchasers of products distributed fo r sale within the Vancouver AQMA upon determining that any noncomplying spray paint has been supplied in violation of this

rule.

(3) Retailers.

(a) Except as provided in SWAPCA 493-200-040(6), no ret ailer shall knowingly sell within the Vancouver AQMA any noncomplying spray pa int manufactured after July 1,

1996.

(b) Upon notification by SWAPCA, a manufacturer, or a d istributor that any noncomplying spray paint has been supplied, a retailer shall rem ove noncomplying spray paint from

consumer-accessible areas of retail outlets within the Vancouver AQMA.

(4) Commercial Applicators. Except as provided in SWAPCA 493-200-040(6), no com mercial applicator shall, within the Vancouver AQMA, knowin gly use or contract for the use of any noncomplying spray paint manufactured after July 1, 1996.

(5) Label Alteration. No person shall remove, alter, conceal or deface th e information required in SWAPCA 493-200-040(1)(b) prior to final sale of the product.

(6) Exception. For spray paint which has been granted a compliance extension under SWAPCA 493-500-020, SWAPCA 493-200-040 applies to spray pa int manufactured after the date specified in the compliance extension.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-200-050 Recordkeeping and Reporting Req uirements

(1) Recordkeeping. Manufacturers subject to SWAPCA 493-200-040 shall m aintain theTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 190 following records for at least 2 years after a prod uct is sold, offered for sale, supplied or distribu ted by the manufacturer, directly or indirectly, to a r etail outlet in the Vancouver AQMA:

(a) VOC content records of spray paint based methods pr ovided in SWAPCA 493-200-060; (b) An explanation of any code indicating the date of manufacture of any spray paint; and

(c) Information used to substantiate an application f or a compliance extension SWAPCA 493-500-020;

(2) Reporting. Following request and within a reasonable period o f time, records specified in SWAPCA 493-200-050(1) shall be made available to SW APCA.

(3) Exemption from disclosure. If a person claims that any Records or Information, as defined in RCW 70.94.205 "Confidentiality of records and infor mation", is confidential or otherwise exempt from disclosure, in whole or in part, the person sh all comply with the procedures specified in

SWAPCA 493-500-030.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-200-060 INSPECTION AND TESTING REQUIREM ENTS

(1) The owner or operator of a facility subject to SW APCA 493-200-010 through 493-200-060 shall, at any reasonable time, make the facility av ailable for inspection by SWAPCA.

(2) Upon request of SWAPCA, any person subject to SWA PCA 493-200-010 through 493-200- 060 shall furnish samples of spray paint products s elected by SWAPCA from available stock for testing by SWAPCA to determine compliance with SWAP CA 493-200-030.

(3) Except as provided in SWAPCA 493-200-060(5), testin g to determine compliance with SWAPCA 493-200-030 shall be performed using:

(a) VOC Content. The VOC content shall be determined by :

(1) The procedures set forth in Bay Area Air Quality Ma nagement District Manual of Procedures, Volume III, Laboratory Procedures, M ethod 35, "Determination of Volatile Organic Compounds (VOC) in Solvent Based A erosol Paints," as amended January 19, 1994, and, for water-containing spray p aints, by ASTM D5325-92, "Standard Test Method for Determination of Weight P ercent Volatile Content of Water-Borne Aerosol Paints", November 15, 1992; or

(2) Calculation of VOC content from records of amounts of constituents used toTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 191 manufacture the product and the chemical compositio ns of the individual product

constituents.

(b) Exempt Compounds. If a method specified in subsecti on (a) of this section to measure VOC also measures exempt compounds, the exempt comp ounds may be excluded from the VOC content if the amount of such compounds is accu rately quantified. SWAPCA may require a manufacturer to provide methods and resul ts demonstrating, to the satisfaction of SWAPCA, the amount of exempt compounds in the spray paint or the spray paint's

emissions.

(4) Except as provided in Section (5) of this rule, tes ting to establish the spray paint category as defined in SWAPCA 493-200-020 shall be performed us ing:

(a) Metal Content. The metal content of metallic aeroso l coating products shall be determined by South Coast Air Quality Management Di strict Test Method 311 (SCAQMD "Laboratory Methods of Analysis for Enforcement Sam ples" manual), June 1, 1991, after removal of the propellant following the procedure i n ASTM Method 5325-92, "Standard Test Method for Determination of Weight Percent Vol atile Content of Water-Borne Aerosol Paints", November 15, 1992.

(b) Specular Gloss. Specular gloss of flat and non-flat coatings shall be determined by ASTM Method D523-89, March 31, 1989.

(c) Acid Content. The acid content of rust converters shall be determined by ASTM Method D-1613-85, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates used in Paint, Varnish, Lacquer, and Related Products", May 31, 1985, after removal of the propellant following the procedure i n ASTM Method D-5325-92, "Standard Test Method for Determination of Weight Percent Vol atile Content of Water-Borne Aerosol Paints", November 15, 1992.

(5) Alternative test methods which are shown to accur ately determine the VOC content, exempt compounds, metal content, specular gloss, or acid c ontent in a spray paint may also be used if approved in writing by EPA and SWAPCA.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-300-010 Applicability

(1) SWAPCA 493-300 applies to any manufacturer, distr ibutor, retailer, or commercial applicator of architectural coatings for sale or use in the Va ncouver AQMA.

State effective: 5/26/96; EPA effective: 6/18/97TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 192 SWAPCA 493-300-020 DEFINITIONS

As used in SWAPCA 493-300:

(1) "AAMA" means the American Architectural Manufacturers Asso ciation.

(2) "Alkali Resistant Primers" means high performance primers formulated to resist reaction with alkaline materials including, but not limited to, l ime, cement, and soap.

(3) "Antenna Coatings" means coatings formulated and recommended for appli cation to equipment and associated structural appurtenances t hat are used to receive or transmit electromagnetic signals.

(4) "Anti-Fouling Coatings" means high performance coatings formulated and reco mmended for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organ isms, including, but not limited to, coatings registered with the EPA under the Federal Insectici de, Fungicide, and Rodenticide Act (7 USC§ 136, et seq.) and nontoxic foul-release coatings.

(5) "Anti-Graffiti Coatings" means clear or opaque high performance coatings spe cifically labeled as anti-graffiti coatings and both formulated and r ecommended for application to graffiti-prone surfaces to deter adhesion of graffiti and to facil itate graffiti removal.

(6) "Appurtenance" means an accessory to a stationary structure, wheth er installed or detached at the proximate site of installation, including but n ot limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating, air conditioning, or other fixed mechanical equipment or large stationary tool s; lamp posts; partitions; piping systems; rain gutters and downspouts; stairways, fixed ladders, c atwalks and fire escapes; and window screens.

(7) "Architectural Coatings" means coatings formulated and recommended for field application to stationary structures and their appurtenances, to p ortable buildings, to pavements, or to curbs.

(8) "ASTM" means the American Society for Testing and Material s.

(9) "Below-Ground Wood Preservatives" means coatings formulated and recommended to protec t below-ground wood from decay or insect attack which are registered with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136, et seq.).

(10) "Bituminous Coatings and Mastics" means coatings and mastics formulated and recommended for roofing, pavement sealing, or water proofing that incorporate bitumens as a principal component. Bitumens are black or brownish materials which are soluble in carbon disulfide, which consist mainly of hydrocarbons, an d which are obtained from natural deposits or asTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 193 residues from the distillation of crude petroleum o r low grades of coal. Bitumens include asphalt, tar

, pitch and asphaltite.

(11) "Bond Breakers" means coatings formulated and recommended for appli cation to concrete to prevent the formation of a bond to a subsequently p laced concrete layer.

(12) "Chalkboard Resurfacers" means coatings formulated and recommended for application to

chalkboards to restore a suitable surface for writi ng with chalk.

(13) "Clear Coating" means a coating that when dry allow s light to pass so the substrate may be distinctly seen.

(14) "Clear & Semitransparent Stains" means transparent or translucent coatings formulate d and recommended for application to wood-based substrate s to impart a desired color without completely concealing the surface or its natural texture or gr ain pattern.

(15) "Clear & Semitransparent Wood Preservatives" means coatings formulated and recommended to protect exposed wood from decay or insect attack , registered with the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136, et seq.), that may change the color of the substrate but do not completely conceal the substra te.

(16) "Clear Waterproofing Sealers & Treatments" means coatings which are formulated and recommended for application to porous substrates fo r the primary purpose of preventing the penetration of water and which do not alter the sur face appearance or texture.

(17) "Coating Category" means the applicable category which best describes the coating as listed

in this rule.

(18) "Colorant" means a concentrated pigment dispersion of water, s olvent, or binder that is added to an architectural coating or tint base after the coating or tint base has been shipped from its plac e of

manufacture.

(19) "Commercial Applicator" means any person who purchases, hires, acquires, ap plies or contracts for the application of architectural coat ings for commercial, industrial or institutional us es, or any person who applies architectural coatings fo r compensation.

(20) "Complying Architectural Coating" means a coating which complies with the VOC content

limits of SWAPCA 493-300-030.

(21) "Concrete Curing Compounds" means coatings formulated and recommended for appli cation to recently cast concrete to retard the evaporation of water.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 194 (22) "Concrete Protective Coatings" means high build coa tings formulated and recommended for application in a single coat over concrete, plaster , or other cementitious surface. These coatings are formulated to be primerless, one-coat systems which can be applied over form release compounds or uncured concrete. These coatings prevent spalling o f concrete in freezing temperatures by providing long term protection from water and chloride ion in trusion.

(23) "Distributor" means any person who sells or supplies architectura l coating for the purposes of

resale or distribution in commerce. "Distributor" i ncludes activities of a self-distributing retailer related to the distribution of products to individu al retail outlets. "Distributor" does not include manufacturers except for a manufacturer who sells o r supplies products directly to a retail outlet.

"Distributor" does not include consumers.

(24) "Dry Fog Coatings" means coatings formulated and recommended only for circumstances in which overspray droplets are desired to dry before contacting incidental surfaces in the vicinity of a surface coating activity.

(25) "Environmental Protection Agency", or "EPA" means the United States Environmental Protection Agency.

(26) "Exempt compounds" means compounds of carbon excluded from the definit ion of VOC.

(27) "Exterior Coatings" means coatings formulated and recommended for use i n conditions exposed to the weather.

(28) "Extreme High Durability Coatings" means air dry flouropolymer based coatings formulat ed and recommended for the protection of architectural subsections and which meet the weathering requirements of AAMA 605.2-1985 Section 7.9.

(29) "Fire-Retardant/Resistive Coatings" means clear or opaque coatings formulated and recommended to retard ignition and flame spread, or to delay melting or structural weakening due to high heat, and which are fire-tested and rated by a certified laboratory for use in bringing buildings or construction materials into compliance with buil ding code requirements applicable to the place of

use.

(30) "Flat Coatings" means coatings which register gloss less than 15 on an 85 degree meter and less than 5 on a 60 degree meter according to ASTM Method D523, Standard Test Method for Specular Gloss.

(31) "Floor Coatings" means coatings formulated and re commended for application to flooring, including, but not limited to, decks, porches, and steps, and which have a high degree of abrasion

resistance.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 195 (32) "Flow Coatings" means coating materials formulated and recommended to maintain the protective coating systems present on utility trans formers.

(33) "Form-Release Compounds" means coatings formulated and recommended for appli cation to concrete forms to prevent formation of a bond betwe en the form and concrete cast within.

(34) "Graphic Arts Coatings" or "Sign Paints" means coatings formulated and recommended for hand-application either on-site or in-shop by artis ts using brush or roller techniques to indoor or outdoor signs (excluding structural components) and murals, including lettering enamels, poster colors, and copy blockers.

(35) "Heat Reactive Coatings" means high performance phenolic based coatings requ iring a minimum temperature of 191 ° Celsius (C) [375 ° Fahrenheit (F)] to 204 ° C (400 ° F) to obtain complete polymerization or cure. These coatings are formulated and recommended for commercial and industrial use to protect substrates from degra dation and maintain product purity in which one or more of the following extreme conditions exist:

(a) Continuous or repeated immersion exposure to 90 to 98% sulfuric acid or oleum;

(b) Continuous or repeated immersion exposure to strong organic solvents;

(c) Continuous or repeated immersion exposure to petr oleum processing at high temperatures and pressures; or,

(d) Continuous or repeated immersion exposure to food o r pharmaceutical products which may or may not require high temperature sterilizati on.

(36) "High Temperature Coatings" means high performance coatings formulated and recommended for application to substrates exposed c ontinuously or intermittently to temperatures

above 201 ° C (394 ° F).

(37) "Impacted Immersion Coatings" means high performance maintenance coatings formula ted and recommended for application to steel structures subject to immersion in turbulent, debris-laden water. These coatings are specifically resistant to high-energy impact damage caused by floating ice

or debris.

(38) "Industrial Maintenance Coatings" means high performance architectural coatings inclu ding primers, sealers, undercoaters, intermediate coats, and topcoats formulated and recommended for application to substrates exposed to one or more of the following extreme environmental conditions:

(a) Immersion in water, wastewater or chemical soluti ons (aqueous and nonaqueous solutions), or chronic exposure of interior surface s to moisture condensation;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 196 (b) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, chemical mixtures or solutions;

(c) Repeated exposure to temperatures above 120 ° C (248 ° F);

(d) Frequent heavy abrasion, including mechanical wear and frequent scrubbing with industrial solvents, cleansers, or scouring agents; or

(e) Exterior exposure of metal structures and structura l components.

(39) "Interior Coatings" means coatings formulated and recommended for use i n conditions not exposed to natural weathering.

(40) "Interior Clear Wood Sealers" means low viscosity coatings formulated and recomme nded for sealing and preparing porous wood by penetrating th e wood and creating a uniform and smooth substrate for a finish coat of paint or varnish.

(41) "Lacquers" means clear or opaque wood finishes, including lacq uer sanding sealers, formulated with cellulosic or synthetic resins to c ure by evaporation without chemical reaction, and to provide a solid, protective film.

(42) "Lacquer Stains" means interior semitransparent stains formulated an d recommended specifically for use in conjunction with clear lacq uer finishes and lacquer sanding sealers.

(43) "Manufacturer" means the company, firm or establishment which is l isted on the coating container. If the container lists two companies, fi rms or establishments, the manufacturer is the part y which the coating was "manufactured for" or "distri buted by", as noted on the product.

(44) "Magnesite Cement Coatings" means coatings formulated and recommended for appli cation to magnesite cement decking to protect against wate r erosion.

(45) "Mastic Texture Coatings" means coatings formulated and recommended for conce aling holes, minor cracks, or surface irregularities, and which are applied in a single coat of at least 10 mils (0.010 inches) dry film thickness.

(46) "Metallic Pigmented Coatings" means non-bituminous coatings containing at least 0 .4 pounds of metallic pigment per gallon (0.048 kilograms per liter) of coating, including but not limited to zinc pigment.

(47) "Multi-Color Coatings" means coatings that exhibit more than one color whe n applied and which are packaged in a single container.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 197 (48) "Noncomplying Architectural Coating" means a coating which does not comply with the

VOC content limits of SWAPCA 493-300-030.

(49) "Nonferrous Metal Lacquers & Surface Protectants" means clear coatings formulated and recommended for application to ornamental architect ural surfaces of bronze, stainless steel, copper, brass or anodized aluminum to prevent oxidation, co rrosion, or surface degradation.

(50) "Non-Flat Coatings" means coatings that register a gloss of 15 or great er on an 85 degree gloss meter, or 5 or greater on a 60 degree gloss meter.

(51) "Not Otherwise Specified" or "N.O.S." means not oth erwise specified as a coating category.

(52) "Nuclear Power Plant Coatings" means any protective coating formulated and recomme nded to seal porous surfaces such as steel or concrete t hat otherwise would be subject to intrusion by radioactive materials. These coatings must be resis tant to service-life cumulative radiation exposure as determined by ASTM D4082-83, relatively easy to decontaminate as determined by ASTM D4256-83, and resistant to various chemicals to whi ch the coatings are likely to be exposed as determined by ASTM D3912-80. General protective req uirements are outlined by the Department of Energy, formerly U.S. Atomic Energy Commission, Reg ulatory Guide 1.54).

(53) "Opaque Coating" means a coating producing a dry film that does not allow light to pass, so

the substrate is concealed from view.

(54) "Opaque Stains" means coatings labeled as stains that are recommend ed to hide a surface but

not conceal its texture.

(55) "Opaque Waterproofing Sealers & Treatments" means coatings with pigments that are formulated and recommended for application to porou s substrates for the primary purpose of preventing the penetration of water and which alter the surface appearance and texture.

(56) "Opaque Wood Preservatives" means coatings formulated and recommended to protec t wood from decay or insect attack, and that are not class ified as clear, semitransparent, or below-ground wood preservatives, and are registered with the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC 136 et seq.).

(57) "Other Surfaces" means paved parking areas (both publicly and privat ely owned), airport runways, airport taxiways, driveways, sidewalks, bi kepaths and curbs.

(58) "Post-Consumer Coating" means a leftover architectural coating collected as a waste product from previous users that is employed as a raw mater ial in the manufacture of a recycled coating product for reentry to the marketplace.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 198 (59) "Pre-treatment Wash Primers" means primers which contain a minimum of 0.5 percen t acid by weight, and that are applied directly to bare me tal surfaces in thin films to provide corrosion resistance, and to promote adhesion of subsequent t opcoats.

(60) "Primers" means coatings formulated and recommended for appli cation directly to substrates to provide a firm bond between the substrate and su bsequent coats.

(61) "Public Streets & Highways" means publicly owned surfaces used primarily for ve hicular traffic such as streets, roads, and highways.

(62) "Quick-Dry Enamels" means non-flat coatings that:

(a) Are capable of being applied directly from the co ntainer under normal conditions, with ambient temperatures between 19 ° Celsius (C) [60 ° Fahrenheit (F)] and 27 ° C (80 ° F);and

(b) When tested in accordance with ASTM Method D1640, Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatin gs at Room Temperature, are set to touch in two hours or less, are tack free in four h ours or less, and dry hard in eight hours or less by the mechanical method.

(63) "Quick-Dry Primers, Sealers, and Undercoaters" means primers, sealers and undercoaters which are dry to touch in one-half hour, and can be recoated in two hours, when tested in accordance with ASTM D1640, Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature.

(64) "Recycled Coating Product" means an architectural coating that contains post-c onsumer coating.

(65) "Repair and Maintenance Thermoplastic Coatings" means industrial maintenance coatings with a primary resin of vinyl or chlorinated rubber which are formulated and recommended solely for the repair of existing coatings that also have a primary resin of vinyl or chlorinated rubber without the full removal of the existing coating sy stem.

(66) "Retailer" means any person who sells, supplies, or offers arc hitectural coatings for sale directly to consumers or commercial applicators.

(67) "Retail Outlet" means any establishment where architectural coating s are sold, supplied, or offered for sale directly to consumers or commercia l applicators.

(68) "Roof Coatings" means non-bituminous and non-thermoplastic rubber c oatings formulated and recommended for application to exterior roofs f or the primary purpose of preventing penetrationTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 199 of the substrate by water, or reflecting heat and r eflecting ultraviolet radiation.

(69) "Rust Preventive Coatings" means coatings formulated and recommended for use i n preventing the corrosion of ferrous metal surfaces.

(70) "Sanding Sealers" means clear wood coatings formulated and recommende d for application to bare wood to seal the wood and to provide a coating that can be sanded to create a smooth surface.

(71) "Sealers" means coatings formulated and recommended for appli cation to substrates for one or more of the following purposes: to prevent subse quent coatings from being absorbed by the substrate; to prevent harm to subsequent coatings f rom materials in the substrate; to block stains, odors, or efflorescence; to seal water, smoke or fi re damage; or to condition chalky surfaces.

(72) "Shellacs" means a clear or pigmented coating formulated with natural resins soluble in alcohol (including but not limited to, the resinous secretions of the lac beetle, Laciffer, lacca). Shellacs dry by evaporation without chemical reacti on and provide a quick-drying, solid protective film that may be used for blocking stains.

(73) "Solicit" means to require for use or to specify, by written or oral contract.

(74) "SWAPCA" means the Southwest Air Pollution Control Authority

.

(75) "Swimming Pool Coatings" means coatings formulated and recommended to coat t he interior of swimming pools and to resist swimming pool chemi cals.

(76) "Thermoplastic Rubber Coatings & Mastics" means coatings and mastics formulated and recommended for application to roofing and other st ructural surfaces which incorporate no less than 40% thermoplastic rubbers by weight of the total re sin solids and may also contain other ingredients, including, but not limited to, fillers, pigments, a nd modifying resins.

(77) "Tint Base" means an architectural coating to which colorants a re added after the coating has been shipped from its place of manufacture.

(78) "Topcoat" means a coating applied over any coating, for the p urpose of appearance, identification, or protection.

(79) "Traffic Marking Paints" means coatings formulated and recommended to be use d for marking or striping streets, highways and other tra ffic surfaces including, but not limited to, curbs, berms, driveways, parking lots and airport runways.

(80) "Undercoaters" means coatings formulated and recommended to provid e a smooth surface for subsequent coats.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 200 (81) "Vancouver Air Quality Maintenance Area" or "Vancou ver AQMA" is the Washington portion of the Portland-Vancouver Interstate Nonatt ainment Area for Ozone as defined in the Washington State Implementation Plan. (The Vancouve r AQMA includes the southern portion of Clark County, Washington.)

(82) "Varnishes" means clear or semitransparent coatings which are n ot lacquers or shellacs, and which are formulated to provide a durable, solid pr otective film. Varnishes may contain small amounts of pigment to color a surface, or to contro l the final sheen or gloss of the finish.

(83) "Volatile Organic Compound" or "VOC" means compounds of carbon defined in SWAPCA 400-030(86). For purposes of determining compliance with VOC content limits, VOC shall be measured by an applicable method identified in SWAP CA 493-300-060.

(84) "VOC Content" means the weight of VOCs contained in a volume of a rchitectural coating. For products listed in SWAPCA 493-300-030(1) Table D, VOC content shall be determined on a

"VOC Per Liter - Less Water Basis" of "VOC Per Gall on - Less Water Basis".

(85) "VOC Per Liter or Gallon - Less Water Basis" means the weight of VOCs per combined volume of VOC and coating solids at the maximum thi nning level recommended by the manufacturer, less water, less exempt compounds, an d before the addition of colorants added to tint bases, and shall be calculated as follows:

VOC Content = W VOC /(V M - V H2O - V EC )

Where: W VOC = weight of VOCs not consumed during curing, in gra ms or in pounds.

V M = volume of material prior to curing, in liters o r in gallons.

V H2O = volume of water not consumed during curing, in li ters or in gallons.

V EC = volume of exempt compounds not consumed during curing, in liters or in gallons.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-300-030 STANDARDS

(1) Where required by SWAPCA 493-300-040, architectur al coatings shall not exceed the VOC

content limits listed in Table D on a "VOC Per Lite r or Gallon - Less Water Basis" as modified by the special conditions and exemptions in SWAPCA 493 -300-030(2) and SWAPCA 493-300-030(3).TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 201 Table D

ARCHITECTURAL COATING VOC CONTENT LIMITS

VOC PER LITER or GALLON - LESS WATER BASIS

Coating Category VOC

(g/l) (lb/gal)

Alkali Resistant Primers 550 4.58

Antenna Coatings 500 4.16

Anti-Fouling Coatings 450 3.75

Anti-Graffiti Coating 600 5.00

Bituminous Coatings and Mastics 500 4.16

Bond Breakers 600 5.00

Chalkboard Resurfacers 450 3.75

Concrete Curing Compounds 350 2.91

Concrete Protective Coatings 400 3.33

Dry Fog Coatings 400 3.33

Extreme High Durability Coatings 800 6.66

Fire-Retardant/Resistive Coatings

Clear 850 7.08

Opaque 450 3.75

Flat Coatings - N.O.S.

Exterior 250 2.08

Interior 250 2.08

Floor Coatings 400 3.33

Flow Coatings 650 5.41

Form-Release Compounds 450 3.75TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 202 Graphic Arts Coatings or Sign Paints 500 4.16

Heat Reactive Coatings 420 3.5

High Temperature Coatings 650 5.41

Impacted Immersion Coatings 780 6.50

Industrial Maintenance Coatings 450 3.75

Lacquers 680 5.66

Lacquer Stains 780 6.50

Magnesite Cement Coatings 600 5.00

Mastic Texture Coatings 300 2.50

Metallic Pigmented Coatings 500 4.16

Multi-Color Coatings 580 4.83

Nonferrous Metal Lacquers & Surface

Protectants 870 7.25

Non-Flat Coatings - N.O.S:

Exterior 380 3.16

Interior 380 3.16

Nuclear Power Plant Coatings 450 3.75

Pretreatment Wash Primers 780 6.50

Primers and Undercoaters - N.O.S. 350 2.91

Quick-Dry Coatings

Enamels 450 3.75

Primers, Sealers and Undercoaters 450 3.75

Repair and Maintenance Thermoplastic Coatings 650 5.41

Roof Coatings 250 2.08TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 203 Rust Preventive Coatings 400 3.33

Sanding Sealers - (other than lacquer) 550 4.58

Sealers - (including interior clear wood sealers) 400 3.33

Shellacs:

Clear 650 5.41

Opaque 550 4.58

Stains & Wood Preservatives

Below Ground Wood

Preservatives 550 4.58

Clear & Semitransparent 550 4.58

Opaque 350 2.91

Swimming Pool Coatings 850 7.08

Thermoplastic Rubber Coatings & Mastics 550 4.58

Traffic Marking Paints

Public Streets & Highways 150* 1.25

Other Surfaces 250 2.08

Varnishes 450 3.75

Waterproofing Sealers & Treatments:

Clear 600 5.00

Opaque 400 3.33

*Prior to Jan. 1, 1997, a VOC content limit of 250 grams per liter (2.08 lbs/gallon) applies to Traffi c Marking Paints for Public Streets & Highways.

(2) Special Conditions. The following conditions shall apply to architectural coatings subject to VOC content limits under SWAPCA 493-300-030(1):

(a) Notwithstanding the definition of coating category in SWAPCA 493-300-020, ifTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 204 anywhere on the coating container, or in any promot ion of an architectural coating, any representation is made that the coating may be used as, or is suitable for use as a coating for which a lower VOC limit is specified in SWAPCA 493- 300-030(1), then the lower VOC limit shall apply. This requirement shall not apply to:

(1) High-Temperature Coatings, which may be represent ed as metallic pigmented coatings for use consistent with the High Temperatu re Coating definition;

(2) Lacquer, which may be recommended for use as sand ing sealers in conjunction with clear lacquer topcoats;

(3) Metallic Pigmented Coatings, which may be recomme nded for use as primers, sealers, undercoaters roof coatings, or industrial maintenance coatings;

(4) Shellacs;

(5) Fire Retardant/Resistive Coatings;

(6) Sanding sealers which may be represented as quick dry sealers; and,

(7) Varnish, which may be recommended for use as a fl oor coating.

(b) VOC Content of Recycled Coating Products.

(1) For coatings manufactured domestically containing post-consumer coating, compliance with the VOC limits of Table D of this r ule shall be determined by the adjusted VOC content at the maximum thinning recomm ended by the manufacturer using the following equation:

VOC ADJUSTED = VOC ACTUAL x [1 - (Recycled%/100 

### )]

Where:

VOC ADJUSTED = The adjusted VOC content of a recycled coating p roduct

expressed as grams VOC per liter or pounds per gall on, less

water.

VOC ACTUAL = The VOC content of the recycled coating product as

determined by procedures specified in SWAPCA 493-300-060(3) with the exception that VOCs in colo rants of post-consumer coatings shall not be excluded from t he VOC

determination.

Recycled % = The volume percent of the recycled c oating product that isTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 205 post-consumer coating as determined by SWAPCA 493-300-030(2)(b)(B).

(2) The percent recycled shall be determined using th e following equation:

Recycled % = VOL POST-CONS X 100/(VO LPOST-CONS + VOL VIRGIN

Where:

VOL POST-CONS = The volume of post-consumer coating per gallon us ed in the

production of a recycled coating product.

VOL VIRGIN = The volume of virgin coating materials used in t he production of a

recycled coating product.

(3) Exemptions. SWAPCA 493-300-030(1) shall not apply t o:

(a) Colorants added to tint bases by a retailer or co mmercial applicator.

(b) Coatings that are sold in containers with a volume of not more than one quart (32 fluid ounce or 0.95 liter) or in non-refillable aerosol c ontainers.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-300-040 REQUIREMENTS FOR MANUFACTURE, S ALE AND USE OF

ARCHITECTURAL COATING

(1) Manufacturers. Except as provided in SWAPCA 493-300-040(6), any pe rson who manufactures architectural coatings after July 1, 1 996 which are sold, offered for sale, supplied or distributed, directly or indirectly, to a retail ou tlet in the Vancouver AQMA shall:

(a) Manufacture complying architectural coatings for architectural coatings marketed in the Vancouver AQMA;

(b) Clearly display the following information on each p roduct container such that it is readily observable upon hand-held inspection withou t removing or disassembling any portion of the product container or packaging:

(1) The date on which the product was manufactured, o r a code indicating such date;

(2) The maximum VOC content of the coating, at the ma ximum thinningTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 206 recommended by the manufacturer, expressed as grams of VOC per liter or pounds VOC per gallon of coating, less water and exempt co mpounds, or distinguishing markings that identify the product's VOC content as described above, through reference to printed information that accompanies t he product through distribution and is displayed at the point of sale;

(3) A statement of the manufacturer's maximum recommend ed thinning with diluents other than water, and, if thinning of the coating prior to use under normal environmental and application conditions is not nec essary, a statement indicating the product is not to be thinned under normal circumsta nces; and

(4) For containers of recycled coating products, the ph rase "CONTAINS NOT LESS THAN ___ PERCENT POST-CONSUMER COATING" where the percent, by volume, of the recycled coating is inserted befo re the word "percent".

(c) Notify direct purchasers of products manufactured for sale within the Vancouver AQMA upon determining that any noncomplying archite ctural coatings have been supplied

in violation of SWAPCA 493-300-040.

(2) Distributors. Except as provided in SWAPCA 493-300-040(6), any di stributor of architectural coating manufactured after July 1, 1996 which is so ld, offered for sale, supplied or distributed to a retail outlet within the Vancouver AQMA shall:

(a) Ensure that architectural coatings are labeled as r equired under subsection (1)(b) of SWAPCA 493-300-040;

(b) Ensure that the VOC content indicated under SWAPCA 493-300-040(1)(b)(B) does not exceed the VOC standard specified in SWAPCA 493 -300-030; and

(c) Notify direct purchasers of products distributed for sale within the Vancouver AQMA upon determining that any noncomplying architectura l coatings have been supplied in

violation of SWAPCA 493-300-040.

(3) Retailers.

(a) Except as provided in SWAPCA 493-300-040(6), no ret ailer shall knowingly sell within the Vancouver AQMA any noncomplying architec tural coating manufactured after July 1, 1996.

(b) Upon notification by SWAPCA, a manufacturer, or a distributor that any noncomplying architectural coating has been supplied, a retailer shall remove noncomplying architectural coatings from consumer-accessible areas of retail o utlets within the Vancouver AQMA.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 207 (4) Commercial Applicators. Except as provided in SWAPCA 493-300-040(6):

(a) No commercial applicator shall, within the Vancou ver AQMA, knowingly use or contract for the use of any noncomplying architectu ral coating manufactured after July 1, 1996;

(b) No commercial applicator shall, within the Vancouve r AQMA, knowingly use any noncomplying architectural coating manufactured aft er July 1, 1996 in a manner inconsistent with the coating category for which the product is formulated and recommended;

(c) All VOC-containing materials shall be stored in c losed containers when not being accessed, filled, emptied, maintained, repaired or otherwise used

(d) It is recommended that architectural coatings be ap plied under the conditions and with the application techniques recommended by the coati ng's manufacturer.

(5) Label Alteration. No person shall remove, alter, conceal or deface th e information required in SWAPCA 493-300-040(1)(b) prior to final sale of the product.

(6) Exceptions.

(a) Traffic marking paints seasonal requirements.

(1) Traffic marking paints which exceed the VOC content limits of SWAPCA 493-300-030(1) may be manufactured, distributed to retail outlets, offered for sale to commercial applicators, and sold to commercial appl icators within the Vancouver AQMA if purchasers are provided with written inform ation indicating that the product shall not be applied within the Vancouver A QMA during the period June 1 through August 31, and the labeling requirements of SWAPCA 493-300-040(1)(b)(A) and (B) are maintained.

(2) Traffic marking paints which exceed the VOC limits of SWAPCA 493-300-030(1) may be purchased by commercial appli cators for use within the Vancouver AQMA provided they shall not be applied d uring the period June 1 through August 31.

(b) For architectural coatings which have been granted a compliance extension under SWAPCA 493-500-020, this rule applies to coatings m anufactured after the date specified in the compliance extension.

State effective: 5/26/96; EPA effective: 6/18/97TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 208 SWAPCA 493-300-050 RECORDKEEPING AND REPORTING REQ UIREMENTS

(1) Recordkeeping. Manufacturers subject to SWAPCA 49 3-300-040 shall maintain the following records for at least 2 years after an architectural coating is sold, offered for sale, supplied or distributed by the manufacturer, directly or indire ctly, to a retail outlet in the Vancouver AQMA:

(a) VOC content records of architectural coatings bas ed on methods provided in SWAPCA 493-300-060;

(b) An explanation of any code indicating the date of m anufacture of any architectural coating; and

(c) Information used to substantiate an application f or a compliance extension under

SWAPCA 493-500-020.

(2) Reporting. Following request and within a reasonable period of time, records specified in SWAPCA 493-300-050(1) shall be made available to SW APCA.

(3) Exemption from disclosure. If a person claims that any Records of Information, as defined in RCW 70.94.205 "Confidentiality of records and infor mation", is confidential or otherwise exempt from disclosure, in whole or in part, the person sh all comply with the procedures specified in

SWAPCA 493-500-030.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-300-060 INSPECTION AND TESTING REQUIREM ENTS

(1) The owner or operator of a facility subject to SWAP CA 493-300-010 through 493-300-060 shall, at any reasonable time, make the facility av ailable for inspection by SWAPCA.

(2) Upon request of SWAPCA, any person subject to SWA PCA 493-300-010 through 493-300-060 shall furnish samples of architectural coatings selected by SWAPCA from available stock for testing by SWAPCA to determine compliance with SWAPCA 493-300-030.

(3) Except as provided in SWAPCA 493-300-060(4), test ing to determine compliance with SWAPCA 493-300-030 shall be performed using:

(a) VOC Content. The VOC content of an architectural coating shall be determined by:

(1) Procedures set forth in EPA Test Method 24 (40 CFR 60, Appendix A, July 1, 1994); orTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 209 (2) Calculation of VOC content from records of amounts of constituents used to manufacture the product and the chemical compositio ns of the individual product

constituents.

(b) Exempt Compounds. If the method specified in SWAP CA 493-300-060(3)(a)(A) also measures compounds excluded from the definition of VOCs, those compounds may be

excluded from the VOC content if the amount of such compounds can be accurately quantified. SWAPCA may require a manufacturer to pr ovide conclusive evidence (such as production records, formulation data and test resul ts) demonstrating, to the satisfaction of SWAPCA, the amount of exempt compounds in the archi tectural coating or the coating's

emissions.

(c) Specular gloss of flat and non-flat coatings shal l be determined by ASTM Method D523-89, March 31, 1989.

(4) Alternative test methods which are shown to accurat ely determine the VOC content of architectural coatings may also be used if approved in writing by EPA and SWAPCA.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-400-010 - APPLICABILITY

SWAPCA 493-400 applies to any person:

(1) Who sells, offers for sale, distributes or manufac tures motor vehicle refinishing coatings for sale in Vancouver AQMA, or

(2) Who owns, leases, operates or controls a motor vehi cle refinishing facility in the Vancouver AQMA.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-400-020 DEFINITIONS

As used in SWAPCA 493-400:

(1) "Aerosol Spray" coating means a pre-mixed coating supplied in press urized containers of 16

ounces or less.

(2) "Anti-glare/Safety Coating" means a coating formulated to minimize light reflec tion to interior

areas of a vehicle and which shows a reflectance of 25 or less on a 60 degree gloss meter.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 210 (3) "Basecoat" means a pigmented topcoat which is the first topcoa t applied as a part of a multistage topcoat system.

(4) "Basecoat/Clearcoat Topcoat System" means a topcoat system composed of a base coat port ion and a clearcoat portion. The VOC content of a basec oat/clearcoat topcoat system shall be calculated according to the following formula:

VOC bc/cc = VOC bc + 2 VOC
cc

3

Where: VOC bc/c = the composite VOC content, less water and less exempt compounds to

be used for compliance determination under the base coat/clearcoat topcoat system coating category.

VOC bc = the VOC content of any given basecoat as prep ared for use, less water and less exempt compounds.

2VOC
cc = twice the VOC content of any given clearcoat a s prepared for use, less water and less exempt compounds.

(5) "Bright Metal Trim Repair Coating" means a coating applied directly to chrome-plated m etal surfaces for the purposes of appearance.

(6) "Clearcoat" means a topcoat which contains no pigments or only transparent pigments and which is the final topcoat applied as a part of a m ultistage topcoat system.

(7) "Elastomeric Materials" means coatings which are specifically formulated an d applied over coated or uncoated flexible plastic substrates for the purpose of adhesion.

(8) "Exempt compounds" means compounds of carbon excluded from the definit ion of VOC.

(9) "Graphic Design Application" means the application of logos, letters, numbers, o r artistic representations such as murals, landscapes, and por traits.

(10) "High Volume, Low Pressure Spray", or "HVLP" means equipment used to apply coatings with a spray device which operates at a nozzle air pressure between 0.1 and 10 pounds per square inch gravity (psig).

(11) "Impact Resistant Coating" means any coating applied to a rocker panel for the purpose of chip resistance to road debris.

(12) "Manufacturer" means the company, firm or establishment which is l isted on the coatingTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 211 container. If the container lists two companies, fi rms or establishments, the manufacturer is the part y which the coating was "manufactured for" or "distri buted by", as noted on the product.

(13) "Midcoat" means a semi-transparent topcoat which is the middl e topcoat applied as part of a three-stage topcoat system.

(14) "Motor Vehicle" means any self-propelled vehicle required to be lic ensed pursuant to chapter

46.16 RCW.

(15) "Motor Vehicle Refinishing" means the application of surface coating to on-road motor vehicles or non-road motor vehicles, or their exist ing parts and components, except Original Equipment Manufacturer (OEM) coatings applied at ma nufacturing plants.

(16) "Motor Vehicle Refinishing Coating" means any coating designed for, or represented by t he manufacturer as being suitable for motor vehicle re finishing.

(17) "Motor Vehicle Refinishing Facility" means a location at which motor vehicle refinishing is performed.

(18) "Multi-Color Coating" means a coating which is packaged in a single conta iner that exhibits more than one color when applied, and is used to pr otect surfaces of vehicle cargo areas.

(19) "Multistage Topcoat System" means any basecoat/clearcoat topcoat system or any three-stage topcoat system manufactured as a system, and used a s specified by the manufacturer.

(20) "Non-Road Motor Vehicle" means any motor vehicle other than an on-road motor vehicle. "Non-Road Motor Vehicle" includes, but is not limit ed to, fixed load vehicles, farm tractors, farm trailers, all-terrain vehicles, and golf carts.

(21) "On-Road Motor Vehicle" means any motor vehicle which is required to be reg istered under RCW 46.16 or exempt from registration under RCW 46. 04. "On-Road Motor Vehicle" includes, but is not limited to: passenger cars, trucks, vans, m otorcycles, mopeds, motor homes, truck tractors, buses, tow vehicles, trailers other than farm trail ers, and camper shells.

(22) "Person" means the federal government, any state, individual , public or private corporation, political subdivision, governmental agency, municip ality, partnership, association, firm, trust, estate, or any other legal entity whatsoever.

(23) "Portland-Vancouver Interstate AWMA" is the interstate nonattainment area for ozone as defined in the Washington and Oregon State Implemen tation Plans. The Interstate area includes, Clackamas, Washington and Multnomah counties in Ore gon and southern portion of Clark County in Washington.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 212 (24) "Precoat Coating" means a coating applied to bare metal primarily to deactivate the surface for corrosion resistance to a subsequent water-base pri mer.

(25) "Pretreatment Wash Primer" means a coating which contains at least 0.5% acid, by weight, which is used to provide surface etching and is app lied directly to bare metal surfaces to promote

corrosion resistance and adhesion.

(26) "Primer" means a coating applied for purposes of corrosion r esistance or adhesion of subsequent coatings.

(27) "Primer Sealer" means a coating applied prior to the application of a topcoat for the purpose of color uniformity, or to promote the ability of a un derlying coating to resist penetration by the

topcoat.

(28) "Primer Surface" means a coating applied for the purpose of corrosio n resistance or adhesion, and which promotes a uniform surface by filling in surface imperfections.

(29) "Public Highway" means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures open, used o r intended for use of the general public for vehicles or vehicular traffic as a matter of right.

(30) "Rocker Panel" means the panel area of a motor vehicle which is no more than 10 inches from the bottom of a door, quarter panel, of fender.

(31) "Rubberized Asphaltic Underbody Coating" means a coating applied to the wheel wells, the inside of door panels or fenders, the underside of a trunk or hood, of the underside of the motor vehicle itself for the purpose of sound deadening o r protection.

(32) "Specialty Coating" means any of the following coatings when used in ac cordance with each coating's specialized design purpose: adhesion prom oters, uniform finish blenders, elastomeric materials, impact-resistant coatings, anti-glare sa fety coatings, rubberized asphaltic underbody coatings, water hold-out coatings, weld-through coa tings, bright metal trim repair coatings, and surface appearance additives.

(33) "Spot Repairs" means motor vehicle refinishing repairs in which th e damaged area to be repaired is limited to only a portion of any given panel so that an entire panel need not be repaired.

(34) "Stencil Coating" means an ink or a pigmented coating which is rolled or brushed onto a template or a stamp in order to add identifying let ters, symbols, or numbers to motor vehicles, mobile equipment, or their parts and components.TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 213 (35) "Surface Appearance Additive" means gloss control additives, fish-eye eliminators , retarders, and other additives designed to achieve the surface appearance of the original equipment specifications.

(36) "SWAPCA" means the Southwest Air Pollution Control Authority

.

(37) "Three-Stage Coating System" means a topcoat system composed of a basecoat porti on, a midcoat portion, and a transparent clearcoat portio n. For compliance purposes, the VOC content of a three-stage coating system shall be calculated acco rding to the following formula:

VOC 3-stage = VOC bc + VOC
mc + 2 VOC
cc

4

Where:

VOC 3-stage = the composite VOC content, less water and less ex empt compounds in

the three-stage coating system.

VOC bc = the VOC content of any given basecoat as prepa red for use, less water and less exempt compounds.

VOC
mc = the VOC content of any given midcoat as prepar ed for use, less water and less exempt compounds.

2VOC
cc = twice the VOC content, as prepared for applica tion, of any given

clearcoat.

(38) "Topcoat" means a coating applied over any coating, for the p urpose of appearance, identification, or protection.

(39) "Touch-up Coating" means a coating applied by brush or non-refillable aerosol can to cover minor surface damage and dispensed in containers of no more than 8 ounces.

(40) "Uniform Finish Blender" means a coating which is applied in spot repairs fo r the purpose of blending a paint overspray area of a repaired topco at to match the appearance of an adjacent existing

topcoat.

(41) "Vancouver Air Quality Maintenance Area" or "Vancou ver AQMA" is the Washington portion of the Portland-Vancouver Interstate Nonatt ainment Area for Ozone as defined in the Washington State Implementation Plan. The Vancouver AQMA includes the southern portion of Clark County, Washington.

(42) "Vehicle" means any device in, upon or by which any person or property is or may beTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 214 transported or drawn upon a public highway and incl udes vehicles that are propelled or powered by

any means.

(43) "Volatile Organic Compound" or "VOC" means those compounds of carbon defined in SWAPCA 400-030(89). For purposes of determining com pliance with VOC content limits, VOC shall be measured by an applicable method identifie d in SWAPCA 493-400-060.

(44) "Water Hold-Out Coating" means a coating applied to the interior cavity area s of doors, quarter panels, and rocker panels for the purpose o f corrosion resistance to prolonged water

exposure.

(45) "Weld-Through Coating" means a coating applied to m etal immediately prior to welding to provide corrosion resistance.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-400-030 COATING STANDARDS AND EXEMPTION S

(1) Where required by SWAPCA 493-400-040 and 493-400- 050, motor vehicle refinishing coatings shall not exceed the VOC content limitatio ns in Table E when prepared in accordance with the manufacturer's instructions, except as provided in SWAPCA 493-400-030(2).

Table E

VOC Content Limits of Motor Vehicle Refinishing Coa tings

Coating Type VOC Content Limits* (lbs/gal)

Pretreatment Wash Primer 6.5

Precoat 6.5

Primer 4.8

Primer Surface 4.8

Primer Sealer 4.6

Topcoat 5.0

Basecoat/Clearcoat Topcoat System 5.0TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 215 Three-Stage Coating System 5.2

Multi-Color Coating 5.7

Specialty Coating 7.0

VOC content is determined as prepared for use in ac cordance with manufacturer's instructions, and shall be calculated by the following equation:

Pounds of VOC per gallon = W
voc V m - V
w - V ec

Where:

W voc = Weight of VOC in pounds, or the weight of all vo latile compounds less the weight of water, less the weight of exempt compounds;

V m = Volume of material in gallons;

V
w = Volume of water in gallons;

V ec = Volume of exempt compounds, in gallons.

[Note: * VOC emission limits are expressed as pound s of VOC per gallon of coating excluding the volume of water and exempt compounds.]

(2) Exemptions. The VOC content limits in SWAPCA 493-40 0-030(1) shall not apply to:

(a) Coatings supplied in aerosol spray cans;

(b) Touch-up coatings;

(c) Stencil coatings;

(d) Coatings used for graphic design applications.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-400-040 Requirements for Manufacture an d Sale of Coatings

(1) Manufacture. Any person who manufactures motor vehicle refinishi ng coatings for sale within Clark County, Washington after July 1, 1996 shall:

(a) Provide written instructions for preparation of t he product; andTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 216 (b) Designate in writing the VOC content of these produ cts as prepared for use in

accordance with the manufacturer's instructions.

(2) Shipment to the Vancouver AQMA. Except as provided in SWAPCA 493-400-040(4), no person shall knowingly sell, ship or provide a moto r vehicle refinishing coating after July 1, 1996 fo r use within the Vancouver AQMA unless the VOC conten t of the product as designated by the manufacturer complies with the VOC content limits i n SWAPCA 493-400-030 when prepared in

accordance with the manufacturer's instructions.

(3) Sale within Clark County, Washington. Except as provided in SWAPCA 493-400-040(4), no person shall sell motor vehicle refinishing coat ings after July 1, 1996 within Clark County, Washington unless the VOC content of the product as designated by the manufacturer complies with the VOC content limits in SWAPCA 493-400-030 when p repared in accordance with the

manufacturer's instructions.

(4) Sale for use outside the Portland-Vancouver Interst ate AQMA. Motor vehicle refinishing coatings which do not comply with the VOC limitatio ns of SWAPCA 493-400-030 may be sold for shipment to the Vancouver AQMA, or sold within Clar k County, Washington if:

(a) The product is to be used outside the boundary of the Portland-Vancouver Interstate AQMA; and

(b) The purchaser provides written certification to the seller in the manner described by SWAPCA 493-400-040(5) that the product is to be use d outside of the Portland-Vancouver Interstate AQMA.

(5) Purchase Certifications. When required by SWAPCA 493-400-040(4), certificat ions of

intended use shall at a minimum contain the followi ng information:

(a) Purchaser's name and address;

(b) Date of Purchase;

(c) Name of coating or coating system purchased;

(d) Type of coating;

(e) Quantity of coating purchased; (f) Address of location where the coating will be used;

(g) A statement certifying that the coating will not be used within the Portland-VancouverTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 217 Interstate AQMA to the best of the purchaser's know ledge; and

(h) Purchaser's signature.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-400-050 Requirements for Motor Vehicle Refinishing in Vancouver AQMA

Except as provided in SWAPCA 493-400-050(3), person s performing motor vehicle refinishing of on-road motor vehicles within the Vancouver AQMA sh all:

(1) After July 1, 1996:

(a) Use motor vehicle refinishing coatings which are id entified by the manufacturer as complying with the VOC limits established in SWAPCA 493-400-030; and

(b) Prepare and apply the coatings in accordance with t he manufacturer's instructions; and

(2) After June 1, 1997:

(a) Clean any spray equipment, including paint lines, i n a device which:

(1) Minimizes solvent evaporation during the cleaning , rinsing, and draining operations;

(2) Recirculates solvent during the cleaning operatio n so the solvent is reused; and

(3) Collects spent solvent to be available for proper disposal or recycling; and

(b) Apply motor vehicle refinishing coatings by one of the following methods:

(1) High Volume Low Pressure spray equipment, operated and maintained in accordance with the manufacturer's recommendations;

(2) Electrostatic application equipment, operated and maintained in accordance with the manufacturer's recommendations;

(3) Dip coat application;

(4) Flow coat application;

(5) Brush coat application;TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 218 (6) Roll coat application;

(7) Hand-held aerosol cans; or

(8) Any other coating application method which can be demonstrated to effectively control VOC emissions, and which has been approved in writing by SWAPCA.

(3) This rule shall not apply to any person who perfo rms motor vehicle refinishing without compensation, and who performs refinishing on two o r fewer on-road motor vehicles, or portions thereof, in any calendar year.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-400-060 RECORDKEEPING AND REPORTING REQ UIREMENTS

(1) Recordkeeping.

(a) Manufacturers of motor vehicle refinishing coatin gs sold in Vancouver AQMA shall

maintain records which demonstrate that the VOC con tent designated under SWAPCA 493-400-040(1) is true and accurate. These records shall be maintained for at least two (2) years after a manufacturer's sale of a product for use in Vancouver AQMA, and may include, but are not limited to, product formulation data an d test results using test methods specified

in SWAPCA 493-400-060.

(b) Persons who sell motor vehicle refinishing coatings within the Vancouver AQMA shallmaintain records for at least 2 years which ar e sufficient to allow a determination of compliance with SWAPCA 493-400-040 (3) and (4). The se records shall include, but are not limited to, purchase certifications and sales infor mation specifying the coating identification, quantity sold, and date of sale.

(c) Persons who perform motor vehicle refinishing of on-road motor vehicles within the Vancouver AQMA shall maintain records for at least 2 years which are sufficient to allow determination of compliance with SWAPCA 493-400-050 . These records shall include, but are not limited to, manufacturers' instructions for preparation of coatings used and purchase information specifying the coating identification, quantity purchased and date of purchase.

(2) Reporting. Following request and within a reasonable period of time, records specified in SWAPCA 493-400-060(1) shall be made available to SW APCA.

(3) Exemption from disclosure. If a person claims that any Records or Information , as defined in RCW 70.94.205 "Confidentiality of records and infor mation", is confidential or otherwise exemptTABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 219 from disclosure, in whole or in part, the person sh all comply with the procedures specified in

SWAPCA 493-500-030.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-400-070 INSPECTION AND TESTING REQUIREM ENTS

(1) The owner or operator of any facility subject to SWAPCA 493-400 shall, at any reasonable time, make the facility available for inspection by SWAPCA.

(2) Upon request of SWAPCA, any person subject to SWAPC A 493-400 shall furnish samples of motor vehicle refinishing coatings selected by SWAP CA from available stock for testing by SWAPCA to determine compliance with SWAPCA 493-400- 030.

(3) Testing conducted under this rule shall be in acc ordance with EPA Method 24 or Method 25 as described in CFR Title 40 Part 60 (July 1, 1994), o r by other methods approved by

SWAPCA and EPA.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-500-010 APPLICABILITY

SWAPCA 493-500 applies to all sections of SWAPCA 49 3-100 through SWAPCA 493-400.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-500-030 EXEMPTION FROM DISCLOSURE TO TH E PUBLIC

(1) If a person claims that any records or information, as defined in RCW 70.94.205, is confidential or otherwise exempt from disclosure, in whole or in part, the person shall comply with the following procedures:

(a) The records or information shall be clearly marked with a request for exemption from disclosure. For a multi-page writing, each page sha ll be so marked.

(b) For records or information that contains both exemp t and non-exempt material, the proposed exempt material shall be clearly distingui shable from the non-exempt material. If possible, the exempt material shall be arranged so that it is placed on separate pages from the non-exempt material.

(2) For records or information to be considered exemp t from disclosure as a "trade secret," it shall meet all of the following criteria:TABLE 8 – ADDITIONAL REGULATIONS APPROVED FOR THE S OUTHWEST CLEAN AIR AGENCY (SWCAA) JURISDICTION -- page -- 220 (a) The information shall not be patented;

(b) It shall be known only to a limited number of indiv iduals within a commercial concern who have made efforts to maintain the secrecy of th e information;

(c) It shall be information which derives actual or p otential economic value from not being disclosed to other persons; and

(d) It shall give its users the chance to obtain a bu siness advantage over competitors not having the information.

State effective: 5/26/96; EPA effective: 6/18/97

SWAPCA 493-500-040 FUTURE REVIEW

Within a reasonable period of time following adopti on by the United States Environmental Protection Agency of regulations intended to reduce VOC emissions from one or more products subject to SWAPCA 493-100 through SWAPCA 493-400, S WAPCA shall provide the following

information to the SWAPCA Board of Directors:

(1) A comparison of the federal regulation with SWAPC A 493-100 through 493-400;

(2) An estimate of the change in emissions which would occur from repeal of provisions in SWAPCA 493-100 through 493-400 applicable to such p roduct or products;

(3) An assessment of the effect of eliminating or modif ying the provisions of SWAPCA 493-100 through 493-400 on the State Implementation Plan ad opted for Redesignation/Ozone Maintenance Plan, including any need for substitute measures; a nd

(4) A recommendation regarding amendment to eliminate s uch provisions and, if applicable, a

schedule for amendment

. State effective: 5/26/96; EPA effective: 6/18/97