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– ADDITIONAL REGULATIO NS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOG Y (ECOLOGY) DIRECT J URISDICTION

( Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations (excluding non

- trust land within the exterior boundaries of the Puyallup Indian Reservation), and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. These regulations also apply statewide for facilities subject to the applica bility sections of WAC 173

- 400

- 700, WAC 173

- 405

- 012, WAC 173

- 410

- 012, and WAC 173

- 415

- 012).

WAC 173

- 400 GENERAL REGULATIONS FOR AIR POLLUTION SOURCES

173

- 400

- 010 Policy and P urpose
. (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 control of air pollution from air contaminant sources and for the proper development of the state’s natural re sources.
(2) It is the purpose of this chapter to establish technically feasible and reasonably attainable standards and to establish rules generally applicable 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 statewide, except for specific subsections where a local authority has adopted and implemented corresponding local rules that apply only to sources subject to local jurisdiction as provided under RCW 70.94.141 and 70.94.331.

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

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

(b) Automobiles, trucks, aircraft.

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

State effective : 12/29/ 1 2 ; EPA effective: 11 /3/14

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 1173

- 400

- 030 Definitions.

The definitions in this section apply statewide except where a permitting authority has redefined a specific term. Except as provided elsewhere in this chapter, the definitions in this section apply throughout the chapter:

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

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a two

- year period which precedes the part icular date and which is representative of normal source operation. Ecology or an authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) Ecology or an authority may presume that source

- 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 normal operations on the particular date, actual emissions shall equal the potential to emit of the emissions unit on that date.

(2) "Ad verse impact on visibility" is defined in WAC 173

- 400

- 117.

(3) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. "Air pollutant" 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 characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or proper ty, or which unreasonably interferes with enjoyment of life and property. For the purposes of this chapter, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW, the Washington Pesticide Application Act, which regul ates the application and control of the use of various pesticides.

(5) "Allowable emission s" means the emission rate of a source calculated using th e maximum rated capacity of the source (unless the source is subject to federally enforceable limits

w hich restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (a) The applicable standards as in 40 C.F.R. Part 60, 61, 62, or 63;

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 2(b) Any applicable S I P emissions limitation including those with a fut ure compliance date; or (c) The emissions rate specified as a federally enforceable approval condition, including those with a future compliance date.

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

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

(8) "Approval order" is defined in "order of approval."

(9) "Attainment area" means a geographic area designated by EPA at 40 C.F.R. Part 81 as having attained the National Ambient Air Quality Standard for a given criteria pollutant.

(10) "Authority" means any air pollution control agency whose jurisdict ional boundaries are
coextensive with the boundaries of one or more counties.

(11) "Begin actual construction" means, in general, initiation of physical on

- site construction activities on an emission unit that are of a permanent nature. Such activitie s include, but are not limited to, installation of building supports and foundations, laying underground pipe work and construction of permanent storage structures. With respect to a change in method of operations,
this term refers to those on

- site activit ies other than preparatory activities which mark the initiation of the change.

(12) "Best available control technology (BACT)" means an emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under ch apter 70.94 RCW emitted from or which results from any new or modified stationary source, which the permitting authority, on a case

- by

- case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant. In no e vent shall application of the "best available control technology" result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 C.F.R. Part 60 and Part 61. Emissions from any source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase above levels that would have been required under the definition of BACT in the Federal Clean Air Act as it existed prior to enactment of the Clean Air Act Amendments of 199 0.

(13) "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 be established, on a case

- by

- case basis, taking into consideration the technology

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 3available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution contro l equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.

(14) "Brake horsepower (BHP)" means the measure of an engine's horsepower without the loss in power caused by the gearbox, alternator, differential, water pump, and other auxiliary components.

(15) "Bubble" means a set of emission limits which al lows an increase in emissions from a given emissions unit in exchange for a decrease in emissions from another emissions unit pursuant to RCW 70.94.155 and WAC 173

- 400

- 120.

(16) "Capacity factor" means the ratio of the average load on equipment or a m achine for the period of time considered, to the manufacturer's capacity rating of the machine or equipment.

(17 ) "Class I area" means any area designated under section 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:

(a) Alpine Lakes Wilderness;

(b) Glacier Peak Wilderness;

(c) Goat Rocks Wilderness;

(d) Mount Adams Wilderness;

(e) Mount Rainier National Park;

(f) North Cascades National Park;

(g) Olympic National Park;

(h) Pasayten Wilderness; and

(i) Spokane Indian Reservation.

(18 ) "Combustion and incineration units " means units using combustion for waste disposal, steam production, chemical recovery or other process requirements; but excludes outdoor burning.

(19)(a) "Commence" as applied to construction means that the owner or operator has all the necessary preconstruction approvals or permits and either has:

(i ) Begun, or caused to begin, a continuous progr am of actual on

- site construction of the source, to be completed within a reasonable time; or

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 4(ii) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to u ndertake a program of actual construction of the source to be completed within a reasonable time.

(b) For the purposes of this definition, "necessary preconstruction approvals" means those permits or orders of approval required under federal air quali ty control laws and regulations, including state, local and federal regulations and orders contained in the SIP.

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

(21) "Criteria pollutant" means a pollutant for which there is established a National Ambient Air Quality Standard at 40 C.F.R. Part 50. The criteria pollutants are carbon monoxide (CO),

par ticulate matter, ozone (O3) sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).

(22) "Director" means director of the Washington state department of ecology or duly authorized representative.

(23 ) "Dispersion technique" means a method th at attempts 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.

(24 ) "Ecology" means the Washington state department of ecology.

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

(26 ) "Emission reduction credit (ERC)" means a credit granted pursuant to WAC 173

- 400

- 131. This is a voluntary reduction in emissions.

(27 ) "Emission standard" and "emission lim itation" means a requirement established under
the Federal Clean Air Act or chapter 70.94 RCW which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or m aintenance of a source to assure continuous emission reduction and any design, equipment, work practice, or operational standard adopted under the Federal Clean Air Act or chapter 70.94 RCW.

(28 ) "Emission threshold" means an emission of a listed air contaminant at or above the following rates:

Air Contaminant Annual Emission Rate

Carbon monoxide: 100 tons per year Nitrogen oxides: 40 tons per year
Sulfur dioxide: 40 tons per year
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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 5Particulate matter (PM): 25 tons per year of P M emissions 15 tons per year of PM

- 10 emissions 10 tons per year of PM

- 2.5 Volatile organic compounds: 40 tons per year
Fluorides: 3 tons per year
Lead: 0.6 tons per year
Sulfuric acid mist: 7 tons per year Hydrogen sulf ide (H2S): 10 tons per year Total reduced sulfur (including H2S): 10 tons per year
Reduced sulf ur compounds (including H2S): 10 tons per year

(29) "Emissions unit" or "emission unit" means any part of a stationary source or source
whic h emits or would have the potential to emit any pollutant subject to regulation under
the Federal Clean Air Act , chapter 70.94 or 70.98 RCW.

(30 ) "Excess emissions" means emissions of an air pollutant in excess of any applicable
emission standard.

(31 ) "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).

(32) "Existing stationary facility (facility)" is defined in WAC 173

- 400

- 151.

(33) "Federal Clean Air Act (FCAA)" means the Federal Clean Air Act, also known as Public
Law 88

- 206, 77 Stat. 392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the Clean Air Act Amendments of 1990, P.L. 101

- 549, November 15, 1990.

(34) "Federal Class I area" means any federal land that is classified or reclassified Class I. The following areas are federal Class I areas in Washington state:

(a) Alpine Lakes Wilderness;

(b) Glacier Peak Wilderness;

(c) Goat Rocks Wil derness;

(d) Mount Adams Wilderness;

(e) Mount Rainier National Park;

(f) North Cascades National Park;

(g) Olympic National Park; and

(h) Pasayten Wilderness.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 6(35) "Federal land manager" means the secretary of the department with authority over
federal lands in the United States.

(36) "Federally enforceable" means all limitations and conditions which are enforceable by EPA, including those requirements developed under 40 C.F.R. Parts 60, 61, 62 and 63, requirements establ ished within the Washington SIP, requirements within any approval or order established under 40 C.F.R. 52.21 or under a SIP approved new source review regulation, and
emissions limitation orders issued under WAC 173

- 400

- 091.

(37) "Fossil fuel

- fired st eam generator" means a device, furnace, or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

(38) "Fugitive dust" means a particulate emission made airborne by forces of wind, man's activity , or both. Unpaved roads, construction sites, and tilled land are examples of areas that originate fugitive dust. Fugitive dust is a type of fugitive emission.

(39) "Fugitive emissions" means emissions t hat could not reasonably pass through a stack,

c himney, vent, or other functionally equivalent opening.

(40) "General process unit" means an emissions unit using a procedure or a combination of procedures for the purpose of causing a change in material by either chemical or physical means,
excludin g combustion.

(41) "Good engineering practice (GEP)" refers to a calculated stack height based on the equation specified in WAC 173

- 400

- 200 (2)(a)(ii).

(42) "Greenhouse gases (GHGs)" includes carbon dioxide, methane, nitrous oxide, hydrofluorocar bons, perfluorocarbons, and sulfur hexafluoride.

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

(44) "In operation" means engaged in activity related to the primary design function of the

source.

(45) "Mandatory Class I federal area" means any area defined in Section 162(a) of the Federal
Clean Air Act. The following areas are the mandatory Class I federal areas in Washington state

are

(a) Alpine Lakes Wilderness;

(b) Glacier Peak Wilderness;

(c) Goat Rocks Wilderness;

(d) Mount Adams Wilderness;

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 7(e) Mount Rainier National Park;

(f) North Cascades National Park;

(g) Olympic National Park; and

(h) Pasayten Wilderness;

(46 ) "Masking" means the mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor.

(47 ) "Materials handling" means the handling, transporting, loading, unloading, storage, and
transfer of materials wit h no significant chemical or physical alteration.

(48 ) "Modification" means any physical change in, or 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 definition of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.

(49) "National Ambient Air Quality Standard (NAAQS)" means an ambient air quality standard set by EPA at 40 C.F.R. Part 50 and includes standards for carbon monoxide (CO), particulate matter, ozone (O3), sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).

(50) "National Emission Standards for Hazardous Air Pollutants (NESHAPS)" means the
federal rules in 40 C.F.R. Part 61.

(51) "National Emission Standards for Hazardous Air Pollutants for Source Categories"
means the federal rules in 40 C.F.R. Part 63.

(52) "Natural conditions" means naturally occurring phenomena that reduce visibility as
measured in terms of light extinction, visual range, contrast, or coloration.

(53 ) "New source" means:

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

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

(54) "New Source Performance Standards (NSPS)" means the federal rules in 40 C.F.R. Part
60.

(55 ) "Nonattainment area" means a geographic area designated by EPA at 40 C.F.R. Part
81 as exceeding a National Ambient Air Quality Standard (NAAQS) for a given

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 8criteria pollutant

. An area is nonattainment only for the pollutants for which the area has been designated nonattainment.

(56) "Nonroad engine" means:

(a) Except as discussed in (b) of this subsection, a nonroad engine is any internal c ombustion engine:

(i) In or on a piece of equipment that is self

- propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off

- highway mobile cranes and bulldozers); or

(ii) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or

(iii) That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

(b) An internal combustion engine is not a nonroad engine if:

(i) The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Federal Clean Air Act; or

(ii) The engine is regulated by a New Source Performance Standard promulgated under section 111 of the Federal Clean Air Act; or

(iii) The engine otherwise included in (a)(iii) of this subsection remains or will remain at a location for more than twelve consecutive months or a shorter period of time for an engine
located at a s easonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be inc luded in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.

(57) "Notice of construction application" means a written application to allow construction of a new source, modification of an existing stationary source or replacement or substantial alteration of control technology at an existing stationary source.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 9(58 ) "Opacity" means the degree to which an object seen through a plume is obscured, stated as a percentage.

(59) "Outdoor burning" means the combustion of material in an open fire or in an outdoor container, without providing for the control of combustio n or the control of the emissions from the combustion. Wood waste disposal in wigwam burners or silo burners is not
considered outdoor burning.

(60) "Order" means any order issued by ecology or a local air authority pursuant to chapter 70.94 RCW, inclu ding, but not limited to RCW 70.94.332, 70.94.152, 70.94.153, 70.94.154, and 70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action order, order of approval, and regulatory order.

(61) "Order of approval" or "ap proval order" means a regulatory order issued by a permitting authority to approve the notice of construction application for a proposed new source or modification, or the replacement or substantial alteration of control technology at an existing
stationar y source.
(62) "Ozone depleting substance" means any substance listed in Appendices A and B to Subpart A of 40 C.F.R. Part 82.

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

(64) "Particulate matter emissions" means all finely divided solid or liquid materia l, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method specified in Title 40

, chapter I of the Code of Federal Regulations or by a test method specified in the SIP

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

(66) "Permitting authority" means ecology or the local air pollution control authority with jurisdiction over the s ource.

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

(68) "PM

- 10" means particulate matter with an aerodynamic diameter less than or equ al to a nominal 10 micrometers as measured by a reference method based on 40 C.F.R. Part 50 Appendix J and designated in accordance with 40 C.F.R. Part 53 or by an equivalent method designated in accordance with 40 C.F.R. Part 53.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 10(69) "PM

- 10 emissions" means finely divided solid or liquid material, including condensable particulate matter, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in Appendix M of 40 C.F.R. Part 51 or by a test method specified in
the SIP

. (70) "PM

- 2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 C.F.R. Part 50 Appendix L and designated in accordance with 40 C.F.R. Part 53 or by an equivalent method designated in accordance with 40 C.F.R. Part 53.

(71) "PM

- 2.5 emissions" means finely divided solid or liquid material, includ ing condensable particulate matter, with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. Part 51 or by a test method specified in the SIP.

(72) "Portable source" means a type of stationary source which emits air contaminants only while at a fixed location but which is capable of being transported to various locations. Examples include a portable asphalt plant or a portable package boiler.

(73) "Potential to emit" means the maximum capacity of a 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 p ollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on em issions is enforceable. Secondary emissions do not count in determining the potential to emit of a source.

(74) "Prevention of significant deterioration (PSD)" means the program in WAC 173

- 400

- 700
to 173

- 400

- 750

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

(76) "Reasonably attributable" means attributable by visual observ ation or any other technique the state deems appropriate.

(77) "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 t hat is reasonably available considering technological and economic feasibility.
RACT is determined on a case

- by

- case basis for an individual source or source category taking into account the impact of the source upon air quality, the availability of additi onal controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 11quality, and the capital and operating costs of the additional controls. RACT requirements for any source or source category shall be adop ted only after notice and opportunity for comment are
afforded.

(78 ) "Regulatory order" means an order issued by a permitting authority that requires compliance with:

(a) Any applicable provision of chapter 70.94 RCW or rules adopted there under; or,
(b) Local air authority regulations adopted by the local air authority with jurisdiction over the
sources to whom the order is issued.

(79) "Secondary emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the major stationary

so urce or major modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the maj or stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, from a train, or
from a vessel.

(80) "Source" means all of th e emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products.

(81) "Source category" means all sources of the same type or classification.

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

(83) "Stack height" means the height of an emission point measured from the ground

- level
elevation at the base of the stack.

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

(85) "State implementation plan (SIP)" or "Washington SIP" means the Washington SIP in 40 C.F.R. Part 52, subpart WW. The SIP contains state, local and federal regulations and orders, the state plan and compliance schedules approved and promulgated by EPA, for the purpose of implementing, maintaining, and enforcing the National Ambient Air Quality Standards.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 12(86) "Stationary source" means any building, structure, facility, or installation which emits or may emit any air contaminant. This term does not include emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad
vehicle as defined in Section 216 (11) of the Federal Clean Air Act

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

(88) "Synthetic minor" means any source whose potential to emit has been limited below applicable threshol ds by means of an enforceable order, rule, or approval condition.

(89) "Total reduced sulfur (TRS)" means the sum of the sulfur compounds hydrogen sulfide, mercaptans , dimethyl sulfide, dimethyl disulfide, and any other organic sulfides emitted and measured by EPA method 16 in Appendix A to 40 C.F.R. Part 60 or an EPA approved equivalent method and expressed as hydrogen sulfide.

(90) "Total suspended particulate" m eans particulate matter as measured by the method
described in 40 C.F.R. Part 50 Appendix B.

(91) "Toxic air pollutant (TAP)" or "toxic air contaminant" means any toxic air pollutant
listed in WAC 173

- 460

- 150. The term toxic air pollutant may include particulate matter and volatile organic compounds if an individual substance or a group of su bstances within either of
these classes is listed in WAC 173

- 460

- 150. The term toxic air pollutant does not include particulate matter and volatile organic compounds as generic classes of compounds.

(92) "Unclassifiable area" means an area that cannot be designated attainment or nonattainment on the basis of available information as meeting or not meeting the National Ambient Air Quality Standard for the criteria pollutant and that is listed by EPA at 40 C.F.R.
Part 81.

(93) "United States Environ mental Protection Agency (USEPA)" shall be referred to as EPA.

(94) "Visibility impairment" means any humanly perceptible change in visibility ( light extinction, visual range, contrast, or coloration) from that which would have existed under
natural c onditions.

(95) "Volatile organic compound (VOC)" means any carbon compound that participates in atmospheric photochemical reactions.

(a) Exceptions. The following compounds are not a VOC: Acetone; carbon monoxide; carbon dioxide; carbonic acid; metallic carbides or carbonates ; ammonium carbonate; methane; ethane; methylene chloride (dichloromethane); 1,1,1

- trichloroethane (methyl chloroform); 1,1, 2

- trichloro

- 1 ,2,2

- trifluoroethane (CFC

- 113); trichlorofluoromethane (CFC

- 11);
dichlorodifluoromethane (CFC

- 12); chlorodifluoromethane ( HCFC

- 22); trifluoromethane ( HFC

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 1323); 1,2

- dichloro 1,1,2,2

- tetrafluoroethane (CFC

- 114); chloropentafluoroethane (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); pentafluoroethane (HFC

- 125); 1,1,2,2

- tetrafluoroethane (HFC

- 134); 1,1,1

- trifluoroethane (HFC

- 143a); 1,1

- difluoroethane (HFC

152a); parachlorob enzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; perchloroethylene (tetrachloroethylene); 3,3

- dichloro

- 1,1,1,2,2

- pentafluoropropane (HCFC

- 225ca); 1,3

- dichloro

- 1,1,2,2,3

- pentafluoropropane (HCFC

- 225cb); 1,1,1,2,3,4,4,5,5 ,5

- decafluoropentane (HFC 43

- 10mee); difluoromethane (HFC

- 32); ethylfluoride (HFC

- 161); 1,1,1,3,3,3

- hexafluoropropane (HFC

- 236fa); 1,1,2,2,3

- pentafluoropropane (HFC

- 245ca); 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea); 1,1,1,2,3

- pentafluoropropane (HFC

- 245eb); 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa); 1,1,1,2,3,3

- hexafluoropropane (HFC

- 236ea); 1,1,1,3,3

- pentafluorobutane (HFC

- 365mfc); chlorofluoromethane (HCFC

- 31); 1 chloro

- 1

- fluoroethane (HCFC

- 151a); 1,2

- dichloro

- 1,1,2

- trifluoroethane (HCFC

- 123a); 1,1,1,2,2,3, 3,4,4

- nonafluoro

- 4

- methoxy

- butane (C4F9OCH3); 2

- (difluoromethoxymethyl)

- 1,1,1,2,3,3,3

- heptafluoropropane ((CF3)2CFCF2OCH3); 1

- ethoxy

- 1,1,2,2,3,3,4,4,4

- nonafluorobutane (C4F9OC2H5); 2

- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3

- heptafluoropropane ((CF3)2CFCF2OC2H5 ); methyl acetate, 1,1,1,2,2,3,3

- heptafluoro

- 3

- methoxy

- propane (n

C3F7OCH3 or HFE

- 7000); 3

- ethoxy

- 1,1,1,2,3,4,4,5,5,6,6,6

- dodecafluoro

- 2

- (trifluoromethyl) hexane (HFE

- 7500) 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3); 1,1,1,2,2,3 ,4,5,5,5

- decafluoro

- 3

- methoxy

- 4

- trifluoromethyl

- pentane (HFE

- 7300); dimethyl carbonate; propylene carbonate; and perfluorocarbon compounds that fall into these
classes:

(i) Cyclic, branched, or linear completely fluorinated alkanes;

(ii) Cyclic, branched, or linear completely fluorinated ethers with no unsaturations;

(iii) Cyclic, branched, or linear completely fluorinated tertiary amines with no unsaturations;
and

(iv) Sulfur containing perfluorocarbons with no unsaturation s 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 C.F.R. Part 60 Appendix A. Where the method also measures compounds with neg ligible photochemical reactivity, these negligibly reactive compounds may
be excluded as VOC if the amount of the compounds is accurately quantified, and the exclusion is approved by ecology

, the authority , or EPA

. (c) As a precondition to excluding t hese negligibly reactive compounds as VOC or at any time thereafter, ecology or the authority may require an owner or operator to provide

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 14monitoring or testing methods and results demonstrating, to the satisfaction of ecology, the authority, or EPA the amo unt of negligibly reactive compounds in the source's emissions.

(d) The following compounds are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC
and shall be un iquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: Tertiary

- butyl acetate.

State effective: 12/29/12; EPA effective: 11 /3/14

173

- 400

- 036 Relocation of Portable S ources.

(1) Applicability.

(a) Portable sources that meet the requirements of this section may without obtaining a site

specific or permitting authority

- specific order of approval relocate and operate in any jurisdiction in which the permitting authority ha s adopted this section by reference. The owner or operator of a portable source may file a new notice of construction application in compliance with WAC
173

- 400

- 110 each time the portable source relocates in lieu of participating in the inter

jurisdictiona l provisions in this section.

(b) Permitting authority participation in the inter

- jurisdictional provisions of this section is optional. This section applies only in those jurisdictions where the permitting authority has adopted it. Nothing in this se ction affects a permitting authority's ability to enter into an agreement with another permitting authority to allow inter

- jurisdictional relocation of a portable source under conditions other than those listed here except that subsection (2) of this secti on applies statewide.

(c) This section applies to sources that move from the jurisdiction of one permitting authority to the jurisdiction of another permitting authority, inter

- jurisdictional relocation. This section does not apply to intra

- jurisdicti onal relocation.

(d) Engines subject to WAC 173

- 400

- 035 Nonroad engines are not portable sources subject to
this section.

(2) Portable sources in nonattainment areas. If a portable source is locating in a nonattainment
area and if the source emit s the pollutants or pollutant precursors for which the area is classified as nonattainment, then the source must acquire a site

- specific order of approval.

(3) Major stationary sources. If a portable source is a major stationary source then it must al so comply with WAC 173

- 400

- 700 through 173

- 400

- 750 as applicable.

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– page 15(4) Relocation requirements. Portable sources are allowed to operate at a new location without obtaining an order of approval from the permitting authority with jurisdiction over the

ne w location provided that:

(a) A permitting authority in Washington state issued a notice of construction order of approval for the portable source after July 1, 2010, identifying the emission units as a "portable source";

(b) The owner/operator of the portable source submits a relocation notice on a form provided by the permitting authority and a copy of the applicable portable source order of approval to the permitting authority with jurisdiction over the intended ope ration location a minimum of fifteen calendar days before the portable source begins operation at the new location;

(c) The owner/operator submits the emission inventory required under WAC 173

- 400

- 105 to each permitting authority in whose jurisdiction the portable source operated during the preceding year. The data must be sufficient in detail to enable each permitting authority to calculate the emissions within its jurisdiction and the yearly aggregate.

(d) Operation at any location under this pr ovision is limited to one year or less. Operations lasting more than one year must obtain a site specific order of approval.

(5) Enforcement of the order of approval. The permitting authority with jurisdiction over the location where a portable source is operating has authority to enforce the conditions of the order of approval that authorizes the portable source operation, regardless of which permitting authority issued the order of approval. All persons who receive an order of approval must comply wi th all approval conditions contained in the order of approval.

(6) Change of conditions to orders of approval. To change the conditions in an order of approval, the owner/operator must obtain a new order of approval from the permitting authority
with jurisdiction over the portable source.

(7) Portable source modification. Prior to beginning actual construction or installation of a modification of a portable source, the owner/operator must obtain a new order of approval from the permitting authority with jurisdiction over the portable s ource.

State effective : 12/29/ 1 2 ; EPA effective: 5/29/15

173

- 400

- 040 Ge neral Standards for Maximum E missions.

(1) All sources and emissions units are required to meet the emission standards of this chapter. Where an emission standard listed in another chapter is applicable to a specific emissions unit,
such standard takes precedence over a general emission standard l isted in this chapter. When two

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– page 16or 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 discharge are not readily distinguishable, then the emissions of the common stack must meet the most restrictive standard of any of the connected emissions units.

All emissions units are required to use reasonably avail able control technology (RACT) which may be determined 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 less than RACT, the perm itting authority shall, as provided in RCW 70.94.154

, define RACT for each source or source category and issue a rule or regulatory order requiring
the installation of RACT.

(2) Visible emissions. No person shall cause or allow the emission for more th an three minutes, in any one hour, of an air contaminant from any emissions unit which at the emission point, or within a reasonable distance of the emission point, exceeds twenty percent opacity except:

(a) When the emissions occur due to soot blowin g/grate cleaning and the operator can demonstrate that the emissions will not exceed twenty percent opacity for more than fifteen minutes in any eight consecutive hours. The intent of this provision is to allow the soot blowing and grate cleaning necessary to the operation of boiler facilities. This practice, except for testing and trouble shooting, is to be scheduled for the same approximate times each day and
the permitting authority must be advised of the schedule.

(b) When the owner or operator of a source supplies 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 emission units are connected to a common stack, the permitting authority may allow or require the use of an alternate time period if it is more representative of normal operations.

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

(e) Exemptions from twenty percent opacity standard.

(i) Visible emissions reader certification testing. Visible emissions from the "smoke generator" used for testing and certification of visible emissions readers per the requirements of 40 C.F.R. Part 60, Appendix A, Reference Method 9 and ecology methods 9A and 9B sha ll be exempt from compliance with the twenty percent opacity limitation while being used for certifying visible emission readers.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 17(ii) Military training exercises. Visible emissions resulting from military obscurant training exercises are exempt from compliance with the twenty percent opacity limitation provided the following criteria are met:

(A) No visible emissions shall cross the boundary of the military training site/reservation.

(B) The operation shall have in place methods, which have been reviewed and approved by the permitting authority, to detect changes in weather that would cause the obscurant to cross the site boundary either during the course of the exercise or prior to the start of the exercise. The approved methods shall includ e provisions that result in cancellation of the training exercise, cease the use of obscurants during the exercise until weather conditions would allow such training to occur without causing obscurant to leave the site boundary of the military
site/reserva tion.

(iii) Firefighter training. Visible emissions from fixed and mobile firefighter training facilities while being used to train firefighters and while complying with the requirements of chapter 173

- 425 WAC.

(3) Fallout. No person shall cause or allow the emission of particulate matter from any source to be deposited beyond the property under direct control of the owner or operator of the source in sufficient quantity to interfere unreasonably with the use and enjoyment of the property upon
whi ch the material is deposited.

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

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

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

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

(6) Emissions detrimental to persons or property. No person shall cause or allow the emission of any air contamina nt from any source if it is detrimental to the health, safety, or welfare of any person, or causes damage to property or business.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 18(7) Sulfur dioxide

. No person shall cause or allow the emission of a gas containing sulfur dioxide from any
emissions un it in excess of one thousand ppm of sulfur dioxide on a dry basis, corrected to seven percent oxygen for combustion sources, and based on the average of any period of sixty
consecutive minutes

When the owner or operator of an emissions unit supplies emission data and can demonstrate to the permitting authority that there is no feasible method of reducing the concentration to less than one thousand ppm (on a dry basis, corrected to seven percent oxygen for combustion sources) and that the state and fed eral ambient air quality standards for sulfur dioxide will not be exceeded. In such cases, the permitting authority may require specific 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 request and a monthly summary will be submitted to the permitting authority.

(8) Concealment and masking. No person shall cause or allow 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.

(9) Fugitive dust.

(a) The owner or operator of a source f or activity that generates fugitive dust must take reasonable precautions to prevent that fugitive dust from becoming airborne and must maintain and operate the source to minimize emissions.

(b) The owner or operator of any existing source or activity that generates fugitive dust that has been identified as a significant contributor t o a PM

- 10 or PM

- 2.5 nonattainment area is required to use reasonably available control technology to control emissions. Significance will be determined by the criteria found in WAC 173

- 400

- 113( 4 ).

State effective: 4 /

1/11; EPA effective: 11 /3/14

173

- 400

- 05 0 Emission Standards for Combustion and Incineration U nits.

(1) Combustion and incineration emissions units must meet all requirements of WAC 173

- 400

- 040 and, in addition, no person shall cause or allow emissions of particulate matter in excess of 0.23 gr am 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 the emission of particulate matter in excess of 0.46 gram per dry cubic meter at standard conditions (0.2 grain/dscf), as measured by EPA method 5 in Appendix A to 40 C.F.R. Part 60, (in effect on July 1, 2012) or approved procedures contained in "Source Test Manual

- Procedures For

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 19Compliance Testing," state of Washington, department of ecology, as of September 20, 2004 , on file at ecology.

(2) For any incinerator, no person shall cause or allow emissions in excess of one hundred ppm of total carbonyls as measured by Source Test Method 14 procedures contained in "Source
Test Manual

- Procedures for Compliance Testing," state of Washingto n, department of ecology, as of September 20, 2004, on file at ecology. An applicable EPA reference method or other procedures to collect and analyze for the same compounds collected in the ecology method may be used if approved by the permitting authorit y prior to its use.

(a) Incinerators not subject to the requirements of chapter 173

- 434 WAC or WAC 173

- 400

- 050 (4) or (5), or requirements adopted by reference in WAC 173

- 400

- 075 (40 C.F.R. 63 subpart EEE) and WAC 173

- 400

- 115 (40 C.F.R. 60 subparts E, Ea, Eb, Ec, AAAA, and CCCC) shall be operated only during daylight hours unless written permission to operate at other times is
received from the permitting authority.

(b) Total carbonyls means the concentration of organic compounds containing the =C =O radical as collected by the Ecology Source Test Method 14 contained in "Source Test Manual

- Procedures For Compliance Testing," state of Washington, department of ecology, as of September 20, 2004, on file at ecology.

(3) Measured concentrations f or combustion and incineration units shall be adjusted for volumes corrected to seven percent oxygen, except when the permitting authority determines that an alternate oxygen correction factor is more representative of normal operations such as the correction factor included in an applicable NSPS or NESHAP, actual operating characteristics, or the manufacturer's specifications for the emission unit.

(4) Commercial and industrial solid waste incineration units constructed on or before Nov ember 30, 1999.

(a) Definitions.

(i) "Commercial and industrial solid waste incineration (CISWI) unit" means any combustion device that combusts commercial and industrial waste, as defined in this subsection. The boundaries of a CISWI unit are defined as, but not limited to, the commercial or industrial solid waste fuel feed system, grate system, flue gas system, and bottom ash. The CISWI unit does not include air pollution control equipment or the stack. The CISWI unit boundary starts at the
commercial and industrial solid waste hopper (if applicable) and extends through two areas:

(A) The combustion unit flue gas system, which ends immediately after the last combustion
chamber.

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– page 20(B) The combustion unit bottom ash system, which ends at the truck loading stat ion or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system.

(ii) "Commercial and industrial solid waste" means solid waste combusted in an enclosed device using contro lled flame combustion without energy recovery that is a distinct operating unit of any commercial or industrial facility (including field erected, modular, and custom built incineration units operating with starved or excess air), or solid waste combusted in an air curtain incinerator without energy recovery that is a distinct operating unit of any commercial or industrial facility.

(b) Applicability. This section applies to incineration units that meet all three criteria:

(i) The incineration unit meets the definition of CISWI unit in this subsection.

(ii) The incineration unit commenced construction on or before November 30, 1999.

(iii) The incineration unit is not exempt under (c) of this subsection.

(c) The following types of incineration units are exe mpt from this subsection:

(i) Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low

- level radioa ctive waste, and/or chemotherapeutic waste as defined in 40 C.F.R. 60.2265 (in effect on July 1, 2010) are not subject to this section if you meet the two requirements specified in (c)(i)(A) and (B) of this subsection.

(A) Notify the permitting authority t hat the unit meets these criteria.

(B) Keep records on a calendar quarter basis of the weight of pathological waste, low

- level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and
wastes burned in the unit.

(ii) Ag ricultural waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes as defined in 40 C.F.R. 60.2265 (in effect on Ja nuary 30, 2001) are not subject to this subpart if you meet the two requirements specified in (c)(ii)(A) and (B) of this
subsection.

(A) Notify the permitting authority that the unit meets these criteria.

(B) Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 21(iii) Municipal waste combustion units. Incineration units that meet either of the two criteria specified in (c)(iii)(A) and (B) of this subsection.

(A) Units are regulated under 40 C.F.R. Part 60, subpart Ea or subpart Eb (in effect on July 1, 2010); Spokane County Air Pollution Control Authority Regulation 1, Section 6.17 (in effect on February 13, 1999); 40 C.F.R. Part 60, subpart AAAA (in effect on July 1, 2010); or WAC 173

- 400

- 050(5).

(B) Units burn greater than 30 percent municipal solid waste or refuse

- derived fuel, as defined in 40 C.F.R. Part 60, subparts Ea (in effect on July 1, 2010), Eb (in effect on July 1, 2010), and AAAA (in effect on Jul y 1, 2010), and WAC 173

- 400

- 050(5), and that have the capacity to burn less than 35 tons (32 megagrams) per day of municipal solid waste or refuse

- derived fuel, if you meet the two requirements in (c)(iii)(B)(I) and (II) of this subsection.

(I) Notify the permitting authority that the unit meets these criteria.

(II) Keep records on a calendar quarter basis of the weight of municipal solid waste burned, and the weight of all other fuels and wastes burned in the unit.

(iv) Medical waste incineration units. In cineration units regulated under 40 C.F.R. Part 60, subpart Ec (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996) (in effect on July 1, 2010);

(v) Small power production fac ilities. Units that meet the three requirements specified in (c)(v)(A) through (C) of this subsection.

(A) The unit qualifies as a small power

- production facility under section 3 (17)(C) of the Federal Power Act (16 U.S.C. 796 (17)(C)).

(B) The unit burns homogeneous waste (not including refuse

- derived fuel) to produce electricity.

(C) You notify the permitting authority that the unit meets all of these criteria.

(vi) Cogeneration facilities. Units that meet the three requirements specified in (c)(vi)(A)
th rough (C) of this subsection.

(A) The unit qualifies as a cogeneration facility under section 3 (18)(B) of the Federal Power Act (16 U.S.C. 796 (18)(B)).

(B) The unit burns homogeneous waste (not including refuse

- derived fuel) to produce electricity
and st eam or other forms of energy used for industrial, commercial, heating, or cooling purposes.

(C) You notify the permitting authority that the unit meets all of these criteria.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 22(vii) Hazardous waste combustion units. Units that meet either of the two criteri a specified in (c)(vii)(A) or (B) of this subsection.

(A) Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act.

(B) Units regulated under subpart EEE of 40 C.F.R. Part 63 (National Emission Standards for
Hazar dous Air Pollutants from Hazardous Waste Combustors) (in effect on July 1, 2010).

(viii) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters;

(ix) Air curtain incinerators. Air curtain incinerators that burn only the materials listed in (c)(ix)(A) through (C) of this subsection are only required to meet the requirements under "Air Curtain Incinerators" in 40 C.F.R. 60.2245 through 60.2260 (in effect on July 1, 2010).

(A) 100 percent wood waste.

(B) 100 percent clean lumber.

(C) 100 percent mixture of only wood waste, clean lumber, and/or yard waste.

(x) Cyclonic barrel burners. See 40 C.F.R. 60.2265 (in effect on July 1, 2010).

(xi) Rack, part, and drum reclamation units. See 40 C.F.R. 60.2265 (in effect on July 1, 2010).

(xii) Cement kilns. Kilns regulated under subpart LLL of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry) (in effect on July 1, 2010 ).

(xiii) Sewage sludge incinerators. Incineration units regulated under 40 C.F.R. Part 60, (Standards of Performance for Sewage Treatment Plants) (in effect on July 1, 2010).

(xiv) Chemical recovery units. Combustion units burning materials to recover che mical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. The seven types of units described in (c)(xiv)(A) through (G) of this subsection are considered chemical recovery units.

(A) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process.

(B) Units burning only spent sulfuric acid used to produce virgin sulfuric acid.

(C) Uni ts burning only wood or coal feedstock for the production of charcoal.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 23(D) Units burning only manufacturing by

- product streams/residues containing catalyst metals which are reclaimed and reused as catalysts or used to produce commercial grade catalysts.

(E) Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds.

(F) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or othe r gases for use in other manufacturing processes.

(G) Units burning only photographic film to recover silver.

(xv) Laboratory analysis units. Units that burn samples of materials for the purpose of chemical or physical analysis.

(d) Exceptions.

(i) Physica l or operational changes to a CISWI unit made primarily to comply with this section do not qualify as a "modification" or "reconstruction" (as defined in 40 C.F.R. 60.2815, in effect on July 1, 2010).

(ii) Changes to a CISWI unit made on or after June 1, 2 001, that meet the definition of "modification" or "reconstruction" as defined in 40 C.F.R. 60.2815 (in effect on July 1, 2010) mean the CISWI unit is considered a new unit and subject to WAC 173

- 400

- 115, which adopts 40 C.F.R. Part 60, subpart CCCC by ref erence.
(e) A CISWI unit must comply with 40 C.F.R. 60.2575 through 60.2875, in effect on July 1, 2010, which is adopted by reference. The federal rule contains these major components:

Increments of progress towards compliance in 60.2575 through 60.2630;

W aste management plan requirements in 60.2620 through 60.2630;

Operator training and qualification requirements in 60.2635 through 60.2665;

Emission limitations and operating limits in 60.2670 through 60.2685;

Performance testing requirements in 60.2690 thr ough 60.2725;

Initial compliance requirements in 60.2700 through 60.2725;

Continuous compliance requirements in 60.2710 through 60.2725;

Monitoring requirements in 60.2730 through 60.2735;

Recordkeeping and reporting requirements in 60.2740 through 60.2800;

Title V operating permits requirements in 60.2805;

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 24Air curtain incinerator requirements in 60.2810 through 60.2870;

Definitions in 60.2875; and

Tables in 60.2875. In Table 1, the final control plan must be submitted before June 1, 2004, and
final compliance must be achieved by June 1, 2005.

(i) Exception to adopting the federal rule. For purposes of this section, "administrator" includes the permitting authority.

(ii) Exception to adopting the federal rule. For purposes of this section, "you" means the owner or operator.

(iii) Exception to adopting the federal rule. For purposes of this section, each reference to "the effective date of state plan approval" means July 1, 2002.

(iv) Exception to adopting the federal rule. The Title V operating permit requirements in 40 C.F.R. 60.2805(a) are not adopted by reference. Each CISWI unit, regardless of whether it is a major or nonmajor unit, is subject to the air operating permit regulation, chapter 173

- 401 WAC, beginning on July 1, 2002. See WAC 173

- 401

- 500 for the permit application requirements and
deadlines.

(v) Exception to adopting the federal rule. The following compliance dates apply:

(A) The final control plan (Increment 1) must be submitted no later than July 1, 2003. (See Increment 1 in Table 1.)

( B) Final compliance (Increment 2) must be achieved no later than July 1, 2005. (See Increment 2 in Table 1.)

(5) Small municipal waste combustion units constructed on or before August 30, 1999.

(a) Definition. "Municipal waste combustion unit" means any se tting or equipment that combusts, liquid, or gasified municipal solid waste including, but not limited to, field

- erected combustion units (with or without heat recovery), modular combustion units (starved air

- or

excess

- air), boilers (for example, steam ge nerating units), furnaces (whether suspension

- fired, grate

- fired, mass

- fired, air

- curtain incinerators, or fluidized bed

- fired), and pyrolysis/combustion units. Two criteria further define municipal waste combustion units:

(i) Municipal waste combustion un its do not include the following units:

(A) Pyrolysis or combustion units located at a plastics or rubber recycling unit as specified under the exemptions in this subsection (5)(c)(viii) and (ix).

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– page 25(B) Cement kilns that combust municipal solid waste as spec ified under the exemptions in this subsection (5)(c)(x).

(C) Internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems.

(ii) The boundaries of a municipal waste combustion unit are defined as follows. The municipal waste combustion unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system, and the combustion unit water system. The municipal w aste combustion unit does not include air pollution control equipment, the stack, water treatment equipment, or the turbine

- generator set. The municipal waste combustion unit boundary starts at the municipal solid waste pit or hopper and extends through th ree areas:
(A) The combustion unit flue gas system, which ends immediately after the heat recovery equipment or, if there is no heat recovery equipment, immediately after the combustion chamber.

(B) The combustion unit bottom ash system, which ends at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system.

(C) The combustion unit water system, which starts at the feed water pump and ends at the piping that exits the steam drum or superheater.

(b) Applicability. This section applies to a municipal waste combustion unit that meets these
three criteria:

(i) The municipal waste combustion unit has the capacity to combust at least 35 tons per day of municipal solid waste but no more than 250 tons per day of municipal solid waste or refuse

derived fuel.

(ii) The municipal waste combustion unit commenced construction on or before August 30,
1999.

(iii) The municipal waste combustion unit is not exempt u nder (c) of this section.

(c) Exempted units. The following municipal waste combustion units are exempt from the requirements of this section:

(i) Small municipal waste combustion units that combust less than 11 tons per day. Units are exempt from this sec tion if four requirements are met:

(A) The municipal waste combustion unit is subject to a federally enforceable order or order of approval limiting the amount of municipal solid waste combusted to less than 11 tons per day.

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– page 26(B) The owner or operator notifies the permitting authority that the unit qualifies for the exemption.

(C) The owner or operator of the unit sends a copy of the federally enforceable order or order of approval to the permitting authority.

(D) The owner or operator of the unit keeps daily records of the amount of municipal solid waste
combusted.

(ii) Small power production units. Units are exempt from this section if four requirements are

met:

(A) The unit qualifies as a small power production facility under section 3 (17)(C) of the Federal Power Act (16 U.S.C. 796 (17)(C)).

(B) The unit combusts homogeneous waste (excluding refuse

- derived fuel) to produce electricity.

(C) The owner or operator notifies the permitting authority that the unit qualifies for the exemption.

(D) The owner or operator submits documentation to the permitting authority that the unit qualifies for the exemption.

(iii) Cogeneration units. Units are exempt from this section if four requirements are met:

(A) The unit qualifies as a small power production facility under section 3 (18)(C) of the Federal Power Act (16 U.S.C. 796 (18)(C)).

(B) The unit combusts homogeneous waste (excluding refuse

- derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.
(C) The owner or operator notifies the permitting authority that the unit qualifies for the exemption.

(D) The owner or operator submits documentation to the permitting authority that the unit qualifies for the exemption.

(iv) Municipal waste co mbustion units that combust only tires. Units are exempt from this section if three requirements are met:

(A) The municipal waste combustion unit combusts a single

- item waste stream of tires and no other municipal waste (the unit can cofire coal, fuel oil, natural gas, or other nonmunicipal solid waste).

(B) The owner or operator notifies the permitting authority that the unit qualifies for the exemption.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 27(C) The owner or operator submits documentation to the permitting authority that the unit qualifies for the exemption.

(v) Hazardous waste combustion units. Units are exempt from this section if the units have received a permit under section 3005 of the Solid Waste Disposal Act.

(vi) Materials recovery units. Units are exempt from this section if the units combust waste mainly to recover metals. Primary and secondary smelters may qualify for the exemption.

(vii) Cofired units. Units are exempt from this section if four requirements are met:

(A) The unit has a federally enforceable order or order of approval limiting municipal solid waste combustion to no more than 30 percent of total fuel input by weight.

(B) The owner or operator notifies the permitting authority that the unit qualifies for the exemption.

(C) The owner or operator submits a copy of the feder ally enforceable order or order of approval to the permitting authority.

(D) The owner or operator records the weights, each quarter, of municipal solid waste and of all
other fuels combusted.

(viii) Plastics/rubber recycling units. Units are exempt from t his section if four requirements are

met:

(A) The pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit as defined in 40 C.F.R. 60.1940 (in effect on July 1, 2012).

(B) The owner or operator of the unit records the weight, eac h quarter, of plastics, rubber, and rubber tires processed.

(C) The owner or operator of the unit records the weight, each quarter, of feed stocks produced and marketed from chemical plants and petroleum refineries.

(D) The owner or operator of the unit ke eps the name and address of the purchaser of the feed
stocks.

(ix) Units that combust fuels made from products of plastics/rubber recycling plants. Units are exempt from this section if two requirements are met:

(A) The unit combusts gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane, or butane produced by chemical plants or petroleum refineries that use feed stocks produced by plastics/rubber r ecycling units.

(B) The unit does not combust any other municipal solid waste.

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– page 28(x) Cement kilns. Cement kilns that combust municipal solid waste are exempt.

(xi) Air curtain incinerators. If an air curtain incinerator as defined under 40 C.F.R. 60.1910 (in effect on July 1, 2012) combusts 100 percent yard waste, then those units must only meet the requirements under 40 C.F.R. 60.1910 through 60.1930 (in effect on July 1, 2012).

(d) Exceptions.

(i) Physical or operational changes to an existing municipal was te combustion unit made primarily to comply with this section do not qualify as a modification or reconstruction, as those terms are defined in 40 C.F.R. 60.1940 (in effect on July 1, 2012).

(ii) Changes to an existing municipal waste combustion unit made on or after June 6, 2001, that meet the definition of modification or reconstruction, as those terms are defined in 40 C.F.R. 60.1940 (in effect on July 1, 2012), mean the unit is considered a new unit and subject to WAC
173

- 400

- 115, which adopts 40 C.F.R. Part 60, subpart AAAA (in effect on July 1, 2012).

(e) Municipal waste combustion units are divided into two subcategories based on the aggregate capacity of the municipal waste combustion plant as follows:

(i) Class I units. Class I units are small munic ipal waste combustion units that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See the definition of "municipal waste combustion plant capacity" in 40 C. F.R. 60.1940 (in effect on July 1, 2012) for the specification of which units are included in the aggregate capacity calculation.

(ii) Class II units. Class II units are small municipal waste combustion units that are located at municipal waste combustion plants with an aggregate plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. See the definition of "municipal waste combustion plant capacity" in 40 C.F.R. 60.1940 (in effect on July 1, 2012) for the specification
of which units are included in the aggregate capacity calculation.

(f) Compliance option 1.

(i) A municipal solid waste combustion unit may choose to reduce, by the final compliance date of June 1, 2005, the maximum combustion capacity of the unit to less tha n 35 tons per day of municipal solid waste. The owner or operator must submit a final control plan and the notifications of achievement of increments of progress as specified in 40 C.F.R. 60.1610 (in effect on July 1, 2012).

(ii) The final control plan mus t, at a minimum, include two items:

(A) A description of the physical changes that will be made to accomplish the reduction.

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– page 29(B) Calculations of the current maximum combustion capacity and the planned maximum combustion capacity after the reduction. Use th e equations specified in 40 C.F.R. 60.1935 (d) and (e) (in effect on July 1, 2012) to calculate the combustion capacity of a municipal waste
combustion unit.

(iii) An order or order of approval containing a restriction or a change in the method of operatio n does not qualify as a reduction in capacity. Use the equations specified in 40 C.F.R. 60.1935 (d) and (e) (in effect on July 1, 2012) to calculate the combustion capacity of a municipal waste
combustion unit.

(g) Compliance option 2. The municipal waste combustion unit must comply with 40 C.F.R. 60.1585 through 60.1905, and 60.1935 (in effect on July 1, 2012), which is adopted by reference.

(i) The rule contains these major components:

(A) Increments of progress towards compliance in 60.1585 through 60.16 40;

(B) Good combustion practices

- Operator training in 60.1645 through 60.1670;

(C) Good combustion practices

- Operator certification in 60.1675 through 60.1685;

(D) Good combustion practices

- Operating requirements in 60.1690 through 60.1695;

(E) Emis sion limits in 60.1700 through 60.1710;

(F) Continuous emission monitoring in 60.1715 through 60.1770;

(G) Stack testing in 60.1775 through 60.1800;

(H) Other monitoring requirements in 60.1805 through 60.1825;

(I) Recordkeeping reporting in 60.1830 throug h 60.1855;

(J) Reporting in 60.1860 through 60.1905;

(K) Equations in 60.1935;

(L) Tables 2 through 8.

(ii) Exception to adopting the federal rule. For purposes of this section, each reference to the following is amended in the following manner:

(A) "State plan" in the federal rule means WAC 173

- 400

- 050(5).

(B) "You" in the federal rule means the owner or operator.

(C) "Administrator" includes the permitting authority.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 30(D) "The effective date of the state plan approval" in the federal rule means December 6, 2002.

(h) Compliance schedule.

(i) Small municipal waste combustion units must achieve final compliance or cease operation not later than December 1, 2005.

(ii) Small municipal waste combustion units must achieve compliance by May 6, 2005 for all
Class II units, and by November 6, 2005 for all Class I units.

(iii) Class I units must comply with these additional requirements:

(A) The owner or operator must submit the dioxins/furans stack test results for at least one test conducted during or after 1990. The stack test must have been conducted according to the procedures specified under 40 C.F.R. 60.1790 (in effect on July 1, 2012).

(B) Class I units that commenced construction after June 26, 1987, must comply with the dioxins/furans and mercury limits specified in Tables 2 and 3 in 40 C.F.R. Part 60, subpart BBBB (in effect on February 5, 2001) by the later of two dates:

(I) December 6, 2003; or

(II) One year following the issuance of an order of approval (revised construction approval or operation perm it) if an order or order of approval or operation modification is required.

(i) Air operating permit. Applicability to chapter 173

- 401 WAC, the air operating permit regulation, begins on July 1, 2002. See WAC 173

- 401

- 500 for the permit application requirem ents and deadlines.

State effective: 12 /

29/12; EPA effective: 11/3/14

173

- 400

- 060 Emission Standards for General Process U nits.

General process units are required to meet all applicable provisions of WAC 173

- 400

- 040 and, no person shall cause or allow the emission of particulate material from any general process operation in excess of 0.23 grams per dry cubic meter at standard conditions (0.1 grain/dscf) of exhaust gas. EPA test methods (in effect on February 20, 2001) from 40 C.F.R. Parts 51, 60, 61,
and 63 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 compliance.

State effective: 2 /

10/05; EPA effective: 11/3/14

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– page 31173

- 400

- 070 Emission Standards for Certain Source C ategories.

Ecology finds that the reasonable regulation of sources within certain categories requires separate standards applicable to such categories. The standards set forth in this section shall be
the maximum all owable standards for emissions units within the categories listed. Except as specifically provided in this section, such emissions units shall not be required to meet the provisions of WAC 173

- 400

- 040, 173

- 400

- 050 and 173

- 400

- 060.

(1) Wigwam and silo burners.

(a) All wigwam and silo burners designed to dispose of wood waste must meet all provisions
of WAC 173

- 400

- 040 (3), (4), (5), (6), (7) , (8), and WAC 173

- 400

- 050(4) or 173

- 400

- 115 (40 C.F.R. 60 subpart DDDD) as applicable.

(b) All wigwam and silo burners must use RACT. All emissions units shall be operated and maintained to minimize emissions. These requirements may include a controlled tangential vent overfire air system, an adequate underfire system, elimination of all unnecessary openi ngs, a controlled feed and other modifications determined necessary by ecology or the permitting authority.

(c) It shall be unlawful to install or increase the existing use of any burner that does not meet all requirements for new sources including those requirements specified in WAC 173

- 400

- 040
and 173

- 400

- 050, except operating hours.

(d) The permit authority may establish additional requirements for wigwam and silo burners

. These requirements may include but shall not be limited to:

(i) A requirement to meet all provisions of WAC 173

- 400

- 040 and 173

- 400

- 050. Wigwam and silo burners will be considered to be in compliance if they meet the requirements
contained in WAC 173

- 400

- 040(2) , visible emissions . An exception is made for a startup peri od not to exceed thirty minutes in any eight consecutive hours.

(ii) A requirement to apply BACT.

(iii) A requirement to reduce or eliminate emissions if ecology establishes that such emissions unreasonably interfere with the use and enjoyment of the property of others or are a cause of
violation of ambient air standards.

(2) Hog fuel boilers.

(a) Hog fuel boilers shall meet all provisions of WAC 173

- 400

- 040 and 173

- 400

- 050(1), except that emissions may exceed twenty percent opacity for up to fifteen consecutive minutes once in any eight hours. The intent of this provision is to allow soot blowing and grate cleaning

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 32necessary to the operation of these units. This practice is to be scheduled for the same specific
times each day and the per mitting authority shall be notified of the schedule or any changes.

(b) All hog fuel boilers shall utilize RACT and shall be operated and maintained to minimize
emissions.

(3) Orchard heating.

(a) Burning of rubber materials, asphaltic produ cts, 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 mi nutes 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 cr acking units.

(a) All existing catalytic cracking units shall meet all provisions of WAC 173

- 400

- 040 (2), (3), (4), (5), (6), and (7) and:

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

(ii) No person shall cause or allow the emission of particulate material in excess of 0.46

gra ms per dry cubic meter at standard conditions (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 provide d for in this section shall meet all applicable provisions of WAC 173

- 400

- 040. In addition, wood waste burners subject to WAC 173

- 400

- 050(4) or 173

- 400

- 115 (40 C.F.R. 60 subpart DDDD) must meet all applicable provisions of
those sections.

(b) Such woo d waste burners shall utilize RACT and shall be operated and maintained to
minimize emissions.

(7) Sulfuric acid plants.

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– page 33No person shall cause to be discharged into the atmosphere from a sulfuric acid plant, any gases which contain acid mist, expressed as H2SO4, in excess of 0.15 pounds per ton of acid produced. Sulfuric acid production shall be expressed as one hundred percent H2SO4.

(8) Municipal solid waste landfills constructed, reconstructed, or modified before May 30, 1991. A municipal so lid waste landfill (MSW landfill) is an entire disposal facility in a contiguous geographical space where household waste is placed in or on the land. A MSW landfill may also receive other types of waste regulated under Subtitle D of the Federal Recourse C onservation and Recovery Act including the following: Commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. A MSW landfill may be either publicly or privately owned. A MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion. All references in this subsection to 40 C.F.R. Part 60 rules mean those rules in effect on July 1, 2000.

(a) Applicabil ity. These rules apply to each MSW landfill constructed, reconstructed, or modified before May 30, 1991; and the MSW landfill accepted waste at any time since November 8, 1987 or the landfill has additional capacity for future waste deposition. (See WAC
173

- 400

- 115 for the requirements for MSW landfills constructed, reconstructed, or modified on or after May 30, 1991.) Terms in this subsection have the meaning given them in 40 C.F.R.
6 0.751, except that every use of the word "administrator" in the federal rules referred to in this subsection includes the "permitting authority."

(b) Exceptions. Any physical or operational change to an MSW landfill made solely to comply
with these rules is not considered a modification or rebuilding.

(c) Standards for MSW landfill emissions.

(i) A MSW landfill having a design capacity less than 2.5 million megagrams or 2.5 million cubic meters must comply with the requirements of 40 C.F.R. 60.752(a) in addition to the applicable requirements specified in this section.

(ii) A MSW landfill having design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters must comply with the requirements of 40 C.F.R. 60.752(b) in addition to the applicable requirements specified in this section.

(d) Recordkeeping and reporting. A MSW landfill must follow the recordkeeping and reporting requirements in 40 C.F.R. 60.757 (submittal of an initial design capacity report) and 40 C.F.R. 60.758 (r ecordkeeping requirements), as applicable, except as provided for under (d)(i) and (ii).

(i) The initial design capacity report for the facility is due before September 20, 2001.

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– page 34(ii) The initial nonmethane organic compound (NMOC) emissions rate report i s due before September 20, 2001.

(e) Test methods and procedures.

(i) A MSW landfill having a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters must calculate the landfill nonmethane organic compound emission

rat es following the procedures listed in 40 C.F.R. 60.754, as applicable, to determine whether the rate equals or exceeds 50 megagrams per year.

(ii) Gas collection and control systems must meet the requirements in 40 C.F.R. 60.752 (b)(2)(ii) through the fol lowing procedures:

(A) The systems must follow the operational standards in 40 C.F.R. 60.753.

(B) The systems must follow the compliance provisions in 40 C.F.R. 60.755 (a)(1) through (a)(6) to determine whether the system is in compliance with 40 C.F.R. 60.752 (b)(2)(ii).

(C) The system must follow the applicable monitoring provisions in 40 C.F.R. 60.756.

(f) Conditions. Existing MSW landfills that meet the following conditions must install a gas collection and control system:

(i) The landfill accepted waste at any time since November 8, 1987, or the landfill has additional design capacity available for future waste deposition;

(ii) The landfill has design capacity greater than or equal to 2.5 million megagrams or 2.5 million
cubic meters. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exception values. Any density conversions shall be documented and submitted with the report; and

(iii) The landfill has a nonmethane organic compound (NMOC) emissio n rate of 50 megagrams per year or greater.

(g) Change in conditions. After the adoption date of this rule, a landfill that meets all three conditions in (e) of this subsection must comply with all the requirements of this section within thirty months of the date when the conditions were met. This change will usually occur because the NMOC emission rate equaled or exceeded the rate of 50 megagrams per year.

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– page 35(h) Gas collection and control systems.

(i) Gas collection and control systems must meet the requi rements in 40 C.F.R. 60.752 (b)(2)(ii). (ii) The design plans must be prepared by a licensed professional engineer and submitted to the permitting authority within one year after the adoption date of this section.

(iii) The system must be installed withi n eighteen months after the submittal of the design plans.

(iv) The system must be operational within thirty months after the adoption date of this section.

(v) The emissions that are collected must be controlled in one of three ways:

(A) An open flare designed and operated according to 40 C.F.R. 60.18;

(B) A control system designed and operated to reduce NMOC by 98 percent by weight; or

(C) An enclosed combustor designed and operated to reduce the outlet NMOC concentration to 20 parts per million as h exane by volume, dry basis to three percent oxygen, or less.

(i) Air operating permit.

(i) A MSW landfill that has a design capacity less than 2.5 million megagrams or 2.5 million cubic meters on January 7, 2000, is not subject to the air operating permi t regulation, unless the landfill is subject to chapter 173

- 401 WAC for some other reason. If the design capacity of an exempted MSW landfill subsequently increases to equal or exceed 2.5 million megagrams or 2.5 million cubic meters by a change that is not a modification or reconstruction, the landfill is subject to chapter 173

- 401 WAC on the date the amended design capa city report is due.

(ii) A MSW landfill that has a design capacity equal to or greater than 2.5 million megagrams or 2.5 million cubic meters on January 7, 2000, is subject to chapter 17 3

- 401 WAC beginning on the effective date of this section. (Note: Under 40 C.F.R. 62.14352(e), an applicable MSW landfill must have submitted its application so that by April 6, 2001, the permitting authority was able to determine that it was timely and co mplete. Under 40 C.F.R. 70.7(b), no source may operate after the time that it is required to submit a timely and complete application.)

(iii) When a MSW landfill is closed, the owner or operator is no longer subject to the requirement to maintain an opera ting permit for the landfill if the landfill is not subject to chapter
173

- 401 WAC for some other reason and if either of the following conditions are met:

(A) The landfill was never sub ject to the requirement for a control system under 40 C.F.R.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 3662.14353; or

(B) The landfill meets the conditions for control system removal specified in 40 C.F.R. 60.752 (b)(2)(v).

State effective: 12 /

29/12; EPA effective: 11/3/14

173

- 400

- 081 Startup and S hutdown.

(1) In promulgating technology

- based emission standards and making control technology determinations (e.g., BACT, RACT, LAER, BART) the permitting authorities will consider any physical constraints on the ability of a source to comply with the applicable standard during startup or shutdown.

(2) Where the permitting authority determines that the source or source category, when operated and maintained in accordance with good air pollution control practice, is not capable of achieving continuo us compliance with an emission standard during startup or shutdown, the permitting authority must include in the standard appropriate emission limitations, operating parameters, or other criteria to regulate the performance of the source 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 permitting authorities shall take into account any incremental increase in allowable emissions under startup or shutdown conditions authorized by an emission limitation or other operating parameter adopted under this rule.

(4) Any emission limitation or other parameter adopted under this rule which increases allowable emissions during startup or shutdown conditions over levels authorized
in Washington's state implementation plan shall not take effect until approved by EPA as a SIP
amendment.

State effective: 4 /

1/11; EPA effective: 11/3/14

173

- 400

- 091 Voluntary Limits on E missions.

(1) Upon request by the owner or operator of a new or existing source or stationary source

, the permitting authority with jurisdiction over the source shall issue a regulatory order that limits
the potential to emit any air contaminant or contaminants to a level agreed to by the owner or operator and the permitting authority with jurisdiction.

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– page 37(2) A condition contained in an order issued under this section shall be less than the source's or stationary source's otherwise allowable annual emissions of a particular contaminant under all applicable requirements of the chapter 70.94 RCW and the FCAA, including any standard or other requirement provided for in the Washington state implementation plan. The term "condition" refers to limits on production or ot her limitations, in addition to emission limitations.

(3) Any order issued under this section shall include monitoring, recordkeeping and reporting requirements sufficient to ensure that the source or stationary source complies with any condition

esta blished under this section. Monitoring requirements shall use terms, test methods, units, averaging periods, and other statistical conventions consistent with the requirements of WAC
173

- 400

- 105.

(4) Any order issued under this section must comply with WAC 173

- 400

- 171.

(5) The terms and conditions of a regulatory order issued under this section are enforceable. Any proposed deviation from a condition contained in an order issued under this section shall require revision or revocatio n of the order.

State effective: 4 /

1/11; EPA effective: 11/3/14

173

- 400

- 105 Records, Monitoring, and R eporting.

The owner or operator of a source shall upon notification 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 compliance 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 will include stack and fugitive emissions of particulate matter, PM

- 10, PM

- 2.5 , sulfur dioxide, oxides of nitrogen

, carbon monoxide, total reduced sulfur compounds (TRS), fluorides, lead, VOCs, ammonia , and
other contaminants. The format for the submittal of these inventories will be specified by the permitting authority or ecology. When submittal of emission inventory information is requested, the emissions inventory shall be submitt ed 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 necessary to substantiate any reported emissions, consistent with the averaging times for the applicable
standards. Emission estimates used in the inventory may be based on the most recent published EPA emission factors for a source category, or other information available to the owner(s) or operator(s), whichever is the better estimate.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 38(2) Monitoring. Ecology sh all conduct a continuous 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 presentation of appropriate credentials, for the purpose of investigating conditions specific to the control, recovery, 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 nonmultiple unit private dwellings housin g one or two families.

(4) Source testing. To demonstrate compliance, ecology or the authority may conduct or require that a test be conducted of the source using approved EPA methods from 40 C.F.R. Parts 51, 60, 61 and 63 (in effect on July 1, 2012) or procedures contained in "Source Test Manual

- Procedures for Compliance Testing," state of Washington, department of ecology, as
of September 20, 2004 , on file at ecology. The operator of a source may be required to provide the necessary platform and sa mpling ports for ecology personnel or others to perform a test of an emissions unit. Ecology shall be allowed to obtain a sample from any emissions unit. The operator of the source shall be given an opportunity to observe the sampling and to obtain a sampl e at the same time.

(5) Continuous monitoring and recording. Owners and operators of the following categories of sources shall install, calibrate, maintain and operate 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 hundred fifty million BTU per hour heat input;

or
(B) Only gaseous fuel is burned.

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

(iii) Percent oxygen or carbon dioxide where such measurements are n ecessary for the conversion of sulfur dioxide continuous emission 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 re ported to the Federal

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 39Power Commission for calendar year 1974, or as otherwise demonstrated to ecology or the authority by the owner(s) or operator(s).

(b) Sulfuric acid plants.

Sulfur dioxide where production capacity is more than three hundred tons per day, expressed as one hundred percent acid, except for those facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

(c) Fluid bed cataly tic cracking units catalyst regenerators at petroleum refineries.

Opacity where fresh feed capacity is more than twenty 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 (e) of this subsection do not apply
to wood residue fuel

- fired steam generators, but continuous monitoring equipment required by (d) of t his subsection shall be subject to approval by ecology.

(e) Owners and operators of those sources required to install continuous monitoring equipment under this subsection shall demonstrate to ecology or the authority, compliance with the equipment an d performance specifications and observe the reporting requirements contained
in 40 C.F.R. Part 51, Appendix P, Sections 3, 4 and 5 (in effect on May 1, 2012).

(f) Special considerations. If for reason of physical plant limitations or extreme economic situations, ecology determines that continuous monitoring is not a reasonable requirement, alternative monitoring and reporting procedures will be established on an individual basis. These will generally take the form of stack tests conducted at a frequen cy sufficient to establish the
emission levels over time and to monitor deviations in these levels.

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

(i) Required to continuously monitor emissions due to a standard or requirement contained in 40 C.F.R. Parts 60, 61, 62, 63, or 75 or a permitting authority's adoption by reference of such federal standards. Emission units and sources subject to those standards shall comply with the data collection requirements that ap ply to those standards.

(ii) Not subject to an applicable emission standard.

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– page 40(6) No person shall make any false material statement, representation or certification in any form, notice or report required under chapter 70.94 or 70.120 RCW, or any o rdinance, resolution, regulation, permit or order in force pursuant thereto.

(7) Continuous emission monitoring system operating requirements. All continuous emission monitoring systems (CEMS) required by 40 C.F.R. Parts 60, 61, 62, 63, or 75, or a pe rmitting authority's adoption of those federal standards must meet the continuous emission monitoring systems (CEMS) performance specifications and data recovery requirements imposed by those standards. All CEMS required under an order, PSD permit, or regu lation issued by a permitting authority and not subject to CEMS performance specifications and data recovery requirements imposed by 40 C.F.R. Parts 60, 61, 62, 63, or 75 must follow the continuous emission monitoring rule of the permitting authority, or i f the permitting authority does not have a continuous emission monitoring rule, must meet the following requirements:

(a) The owner or operator shall recover valid hourly monitoring data for at least 95 percent of the hours that the equipment (require d to be monitored) is operated during each calendar month except for periods of monitoring system downtime, provided that the owner or operator demonstrated that the downtime was not a result of inadequate design, operation, or maintenance, or any other re asonable preventable condition, and any necessary repairs to the monitoring system are conducted in a timely manner.

(b) The owner or operator shall install a continuous emission monitoring system that meets the performance specification in 40 C.F.R. Part 60, Appendix B in effect at the time of its installation, and shall operate this monitoring system in accordance with the quality assurance procedures in Appendix F of 40 C.F.R. Part 60 in effect on May 1, 2012, and the U.S.
Environmental Protection A gency's "Recommended Quality Assurance Procedures for Opacity Continuous Monitoring Systems" (EPA) 340/1

- 86

- 010.

(c) Monitoring data commencing on the clock hour and containing at least forty

- five minutes of monitoring data must be reduced to one hour averages. Monitoring data for opacity is to be reduced to six minute block averages unless otherwise specified in the order of approval or permit. All monitoring data will be included in these averages except for data collected during
calibration drift te sts and cylinder gas audits, and for data collected subsequent to a failed quality assurance test or audit. After a failed quality assurance test or audit, no valid data is collected until the monitoring system passes a quality assurance test or audit.

(d) Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required under subsection (a) of this section, all continuous monitoring systems shall be in continuous operation.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 41(i) Continuous monitoring systems for mea suring opacity shall complete a minimum of one cycle of sampling and analyzing for each successive ten second period and one cycle of data recording for each successive six minute period.

(ii) Continuous monitoring systems for measuring emissions othe r than opacity shall complete a minimum of one cycle of sampling, analyzing, and recording for each successive fifteen minute period.

(e) The owner or operator shall retain all monitoring data averages for at least five years, including copies of all reports submitted to the permitting authority and records of all repairs, adjustments, and maintenance performed on the monitoring system.

(f) The owner or operator shall submit a monthly report (or other frequency as directed by terms of an order, ai r operating permit or regulation) to the permitting authority within thirty days after the end of the month (or other specified reporting period) in which the data were recorded. The report required by this section may be combined with any excess emission report required by WAC 173

- 400

- 108. This report shall include:

(i) The number of hours that the monitored emission unit operated each month and the number of valid hours of monitoring data that the monitoring system recovered each month;

(ii) The date, time period, and cause of each failure to meet the data recovery requirements of (a) of this subsection and any actions taken to ensure adequate collection of such data;

(iii) The date, time period, and cause of each failure to rec over valid hourly monitoring data for at least 90 percent of the hours that the equipment (required to be monitored) was operated each day;

(iv) The results of all cylinder gas audits conducted during the month; and

(v) A certification of truth, accuracy, and completeness signed by an authorized representative of the owner or operator.

(8) No person shall render inaccurate any monitoring device or method required under chapter 70.94 or 70.120 RCW, or any ordinance, resolution, regulation, permit, or order in force pursuant
thereto.

State effective: 12 /

29/12; EPA effective: 11/3/14

173

- 400

- 107 Excess Emissions. (1) The owner or operator of a source shall have the burden of proving to ecology or the authority or the decision

- making authority in an enforcement action that excess emissions were

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 42unavoidable. This demonstration shall be a condition to obtaining relief under subsections (4), (5) and (6) of this section. (2) Excess emissions determined to be unavoidable under the procedures and criteria in this section shall be excused and not subject to penalty.
(3) Excess emissions whi ch represent a potential threat to human health or safety or which the owner or operator of the source believes to be unavoidable shall be reported to ecology or the authority as soon as possible. Other excess emissions 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 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 conditions shall be considered unavoidable provided the source reports as required under subsection (3) of this section and adequately demonstrates that the excess emissions could not have 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 scheduled maintenance shall be considered unavoidable if the source reports as required under subsection (3) of this section and adequately demonstrates that th e excess emissions could not have been avoided through reasonable design, better scheduling for maintenance or through better operation and maintenance practices. (6) Excess emissions due to upsets shall be considered unavoidable provided the source repor ts as required under subsection (3) of this section and adequately demonstrates that: (a) The event was not caused by poor or inadequate design, operation, maintenance, or
any other reasonably preventable condition; (b) The event was not of a recurring pattern indicative of inadequate design, operation, or maintenance; and (c) The operator took immediate and appropriate corrective action in a manner consistent with good air pollution control practice for minimizing emissions during the event, taking into account the total emissions impact of the corrective action, including slowing or shutting down the emission unit as necessary to minimize emissions, when the operator knew or should have known that an emission standard or permit condition was being exceeded.

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

173

- 400

- 110 New S ource R eview (NSR) for Sources and Portable S ources.

(1) Applicability.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 43(a) WAC 173

- 400

- 110, 173

- 400

- 111, 173

- 400

- 112, and 173

- 400

- 113 apply statewide except where a permit ting authority has adopted its own new source review regulations.

(b) This section applies to new sources and stationary sources as defined in RCW 70.94.030,
and WAC 173

- 400

- 030, but does not include nonroad engines.

(c) For purposes of this sect ion:

(i) "Establishment" means to begin actual construction;

(ii) "New source" includes:

(A) A modification to an existing stationary source, as "modification" is defined in WAC
173

- 400

- 030:

(B) The construction, modification, or relocation of a portable source as defined in WAC 173

- 400

- 030, except those relocating in compliance with WAC 173

- 400

- 036;

(C) The establishment of a new or modified toxic air pollutant source, as defined in WAC
173

- 460

- 020; and

(D) A major modification to an existing major stationary source, as defined in WAC 173

- 400

- 710 and 173

- 400

- 810.

(d) New source review o f a modification is limited to the emission unit or units proposed to
be modified and the air contaminants whose emissions would increase as a result of the modification. Review of a major modification must comply with WAC 173

- 400

- 700 through
173

- 400

- 750 o r 173

- 400

- 800 through 173

- 400

- 860, as applicable.

(e) The procedural requirements pertaining to NOC applications and orders of approval for new sources that are not major stationary sources, as defined in WAC 173

- 400

- 710 and 173

- 400

- 810, shall not app ly to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, Model Toxics Control Act, or to the department of ecology when it conducts a remedial action under chap ter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW using the procedures outlined in WAC 173

- 340

- 710( 9) or during a department

conducted remedial action, through the procedures outlined in WAC 173

- 340

- 710(9).

(2) Preconstruction approval requirements. The applicant must evaluate the proposed project and submit an application addressing all applicable new source review requirements of this chapter.

(a) A notice of construction application must be filed and an order of approval must be issued by the permitting authority prior to the establishment of any new source or modification except

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 44for those n ew sources or modifications exempt from permitting under subsections (4), (5), and (6) of this section.

(b) If the proposed project is a new major stationary source or a major modification, located in a designated nonattainment area, and if the projec t emits the air pollutant or precursors of the air pollutant for which the area is designated nonattainment, and the project meets the applicability criteria in WAC 173

- 400

- 820, then the project is subject to the permitting requirements of WAC 173

- 400

- 800 through 173

- 400

- 860.

(c) If the proposed project is a new major stationary source or a major modification that meets the applicability criteria of WAC 173

- 400

- 720, then the project is subject to the PSD permitting requirements of WAC 173

- 400

- 700 throu gh173

- 400

- 750 .

(d) If the proposed project will increase emissions of toxic air pollutants regulated under chapter 173

- 460 WAC, then the project must meet all applicable requirements of that program.

(3) Modifications.

New source review is required for any modification to a stationary source that requires:

(a) An increase in a plant

- wide cap; or

(b) An increase in an emission unit or activity specific emission limit.

(4) Emission unit and activity exemptions.

The constru ction or modification of emission units or an activity in one of the categories listed below is exempt from new source review, provided that the modified unit continues to fall within one of the listed categories. The construction or modification of an emi ssion unit or an activity exempt under this subsection does not require the filing of a notice of construction application.

(a) Maintenance/construction:

(i) Cleaning and sweeping of streets and paved surfaces;

(ii) Concrete application, and installation;

(iii) Dredging wet spoils handling and placement;

(iv) Paving application and maintenance. This provision does not exempt asphalt plants from this chapter;

(v) Plant maintenance and upkeep activities (grounds keeping, general repairs, house keeping, plant painting, welding, cutting, brazing, soldering, plumbing, retarring roofs, etc.);

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 45(vi) Plumbing installation, plumbing protective coating application and maintenance activities;

(vii) Roofing application and maintena nce;
(viii) Insulation application and maintenance;

(ix) Janitorial services and consumer use of janitorial products;

(x) Construction activities that do not result in new or modified stationary sources or portable stationary sources.

(b) Storage tanks:

Note: It can be difficult to determine requirements for storage tanks. Ecology strongly recommends that an owner or operator contact the permitting authority to determine the exemption status of storage tanks prior to their installa tion.

(i) Lubricating oil storage tanks. This provision does not exempt wholesale distributors of lubricating oils from this chapter;

(ii) Polymer tanks and storage devices and associated pumping and handling equipment, used
for solids dewaterin g and flocculation;

(iii) Storage tanks, reservoirs, pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions;

(iv) Process and white water storage tanks;

(v) Oper ation, loading and unloading of storage tanks and storage vessels, with lids or other appropriate closure and less than 260

- gallon capacity (35 cubic feet);

(vi) Operation, loading and unloading of storage tanks, ≤ 1100 gallon capacity, with lids or

o ther appropriate closure, not for use with materials containing toxic air pollutants, as listed in chapter 173

- 460 WAC, max. VP 550 mm mercury at 21°C;

(vii) Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas
with a vessel capacity less than 40,000 gallons;

(viii) Tanks, vessels and pumping equipment, with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases and acids.

(c) New or modified emission units with combined aggregate heat inputs to combustion units (excluding emergency engines exempted by subsection (4)(h)(xxxix) of this section), less than or equal to all of the following, as applicable:

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 46(i) ≤ 500,000 Btu/hr using coal with ≤ 0.5% sulfur or other solid fuels with ≤ 0.5% sulfur;

(ii) ≤ 500,000 Btu/hr using used oil, per the requirements of RCW 70.94.610;

(iii) ≤ 400,000 Btu/hr using wood waste or paper;

(iv) ≤ 1,000,000 Btu/hr using gasoline, kerosene, #1, or #2 fuel oil and with ≤0.05% sulfur;

(v) ≤ 4,000,000 Btu/hr using natural gas, propane, or LPG.

(d) Material handling:

(i) Continuous digester chip feeders;

(ii) Grain elevators not licensed as warehouses or dealers by either the Washington state depart ment of agriculture or the U.S. Department of Agriculture;

(iii) Storage and handling of water based lubricants for metal working where organic content of the lubricant is ≤ 10%;

(iv) Equipment used exclusively to pump, load, unload, or store hig h boiling point organic material in tanks less than one million gallon, material with initial atmospheric boiling point not less than 150°C or vapor pressure not more than 5 mm mercury at 21°C, with lids or other appropriate closure.

(e) Water treatme nt:

(i) Septic sewer systems, not including active wastewater treatment facilities;

(ii) NPDES permitted ponds and lagoons used solely for the purpose of settling suspended solids and skimming of oil and grease;

(iii) De

- aeration (oxygen sca venging) of water where toxic air pollutants as defined in chapter
173

- 460 WAC are not emitted ;
(iv) Process water filtration system and demineralizer vents;

(v) Sewer manholes, junction boxes, sumps and lift stations associated with wastewater

t reatment systems;

(vi) Demineralizer tanks;

(vii) Alum tanks;

(viii) Clean water condensate tanks.

(f) Environmental chambers and laboratory equipment:

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 47(i) Environmental chambers and humidity chambers using only gases that are not toxic air pollutants listed in chapter 173

- 460 WAC ;
(ii) Gas cabinets using only gases that are not toxic air pollutants regulated under chapter 173

- 460 WAC;

(iii) Installation or modification of a single laboratory fume hood;

(iv) Laborator y research, experimentation, analysis and testing at sources whose primary purpose and activity is research or education. To be exempt, these sources must not engage in the production of products, or in providing commercial services, for sale or exchange f or commercial profit except in a de minimis manner. Pilot

- plants or pilot scale processes at these sources are not exempt.

(v) Laboratory calibration and maintenance equipment.

(g) Monitoring/quality assurance/testing:

(i) Equipment and inst rumentation used for quality control/assurance or inspection purpose;

(ii) Hydraulic and hydrostatic testing equipment;

(iii) Sample gathering, preparation and management;

(iv) Vents from emission monitors and other analyzers.

(h) Misce llaneous:

(i) Single

- family residences and duplexes;

(ii) Plastic pipe welding;

(iii) Primary agricultural production activities including soil preparation, planting, fertilizing, weed and pest control, and harvesting;

(iv) Comfort air conditioning;

(v) Flares used to indicate danger to the public;

(vi) Natural and forced air vents and stacks for bathroom/toilet activities;

(vii) Personal care activities;

(viii) Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;

(ix) Tobacco smoking rooms and areas;

(x) Noncommercial smokehouses;
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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 48(xi) Blacksmith forges for single forges;

(xii) Vehicle maintenance activities, not including vehicle surface coating;

(xiii) Veh icle or equipment washing (see (c) of this subsection for threshold for boilers);

(xiv) Wax application;

(xv) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment not including internal and external combustion equipment;

(xvi) Ozone generators and ozonation equipment;

(xvii) Solar simulators;

(xviii) Ultraviolet curing processes , to the extent that toxic air pollutant gases as defined in chapter 173

- 460 WAC are not emitted ;

(xix) Electrical circuit brea kers, transformers, or switching equipment installation or operation;

(xx) Pulse capacitors;

(xxi) Pneumatically operated equipment, including tools and hand held applicator equipment for hot melt adhesives;

(xxii) Fire suppression equipment ;
(xxiii) Recovery boiler blow

- down tank;

(xxiv) Screw press vents;

(xxv) Drop hammers or hydraulic presses for forging or metal working;

(xxvi) Production of foundry sand molds, unheated and using binders less than 0.25% free phenol by sand weight;

(xxvii) Kraft lime mud storage tanks and process vessels;

(xxviii) Lime grits washers, filters and handling;

(xxix) Lime mud filtrate tanks;

(xxx) Lime mud water;

(xxxi) Stock cleaning and pressurized pulp washing dow n process of the brown stock washer;

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 49(xxxii) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities and transportation marketing facilities;

(xxxiii) Solvent cleaners less than 10 square feet air

- vapor interf ace with solvent vapor pressure not more than 30 mm mercury at 21°C where no toxic air pollutants as listed under chapter 173

- 460 WAC are emitted ;
(xxxiv) Surface coating, aqueous solution or suspension containing ≤ 1% (by weight) VOCs

, or ≤ 1% (by we ight) toxic air pollutants as listed in chapter 173

- 460 WAC ;
(xxxv) Cleaning and stripping activities and equipment using solutions having ≤ 1% VOCs (by weight) or ≤ 1% (by weight) toxic air pollutants . Acid solutions used on metallic substances

are n ot exempt;

(xxxvi) Dip coating operations, using materials less than 1% VOCs (by weight) or ≤ 1% (by weight) toxic air pollutants as listed in chapter 173

- 460 WAC

. (xxxvii) Abrasive blasting performed inside a booth or hangar designed to capture the blast grit or overspray.

(xxxviii) For structures or items too large to be reasonably handled indoors, abrasive blasting performed outdoors that employs control measures such as curtailment during windy periods and enclosure of the area being blas ted with tarps and uses either steel shot or an abrasive containing less than one percent (by mass) which would pass through a No. 200 sieve.

(xxxix) Stationary emergency internal combustion engines with an aggregate brake horsepower that is less than or equal to 500 brake horsepower.

(xl) Gasoline dispensing facilities with annual gasoline throughputs less than those specified
in WAC 173

- 491

- 040 (4)(a). Gasoline dispensing facilities subject to chapter 173

- 491 WAC are exempt from toxic air pollutant analysis pursuant to chapter 173

- 460 WAC.

(5) Exemptions based on emissions.

(a) Except as provided in this subsection:

(i) Construction of a new emissions unit that has a potential to emit below each of the levels
listed in Table 110(5) Exemption levels is exempt from new source review.

(ii) A modification to an existing emissions unit that increases the unit's actual emissions by less than each of the threshold levels listed in Table 110(5) Exemption levels of this subsection is exempt from new source review.

(b) Greenhouse gas emissions are exempt from new source review requirements except to the extent required under WAC 173

- 400

- 720, prevention of significant deterioration. The owner or

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 50operator of a source or emission unit, may request that the permitting authority impose emission limits and/or operation limitations for greenhouse gas in any new source review order of approval.

Table 110(5) Exemption levels:

POLLUTANT LEVEL (TONS PER YEAR) Carbon monoxide 5. 0 Lead 0.005 Nitrogen oxides 2.0 PM

- 10 0.75 PM

- 2.5 0.5 Total suspended particulates 1.25 Sulfur dioxide 2.0 Volatile Organic Compounds, total 2.0

Ozone Depleting Substances, total 1.0

Toxic Air Pollutants The de minimis emission rate specified for each TAP in WAC 173

- 460

- 150.

(6) Portable source with order of approval. A portable source is authorized to operate without obtaining a site

- specific or a permitting authority specific approval order to relocate if the portable source complies with the provisions of WAC 173

- 400

- 036.

State effective: 12 /

29/12; EPA effective: 5/29/15

173

- 400

- 111 Processing Notice of C onst ruction Applications for Sources, Stationary Sources and Portable S ources.

WAC 173

- 400

- 110, 173

- 400

- 111, 173

- 400

- 112, and 173

- 400

- 113 apply statewide except where a permitting authority has adopted its own new source review regulations.

(1 ) Completeness determination

. (a) Within thirty days after receiving a noti ce of const ruction application,
the permitting authority must either notify the applicant in writing that the application is

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 51complete or notify the applicant in writing of all additional information necessary to complete the application.

(b) A complete application contains all the information necessary for processing the application. At a minimum, the application must provide information on the nature and amounts of emissions to be emitted by the proposed new source or increased as pa rt of a modification, as well as the location, design, construction, and operation of the new source as needed to enable the permitting authority to determine that the construction or modification will meet the requirements of WAC 173

- 400

- 113. Designating an application complete for purposes of permit processing does not preclude the reviewing authority from requesting or accepting any additional
information.

(c) For a project subject to the special protection requirements for federal Class I areas und er WAC 173

- 400

- 117(2), a completeness determination includes a determination that the application includes all information required for review of that project under WAC 173

- 400

- 117(3). The applicant must send a copy of the application and all amendments to the application to the EPA and the responsible federal land manager.

(d) For a project subject to the major new source review requirements in WAC 173

- 400

- 800 through 173

- 400

- 860, the completeness determination includes a determination that the applic ation includes all information required for review under those sections.

(e) An application is not complete until any permit application fee required by the permitting authority has been paid.

(2) Coordination with chapter 173

- 401 WAC, operating permit regulation. A person seeking approval to construct or modify a source that requires an operating permit may elect to integrate review of the operating permit application or amendment required under chapter 173

- 401 WAC
and the notice of construction application required by this section. A notice of
construction application designated for integrated review must be processed in accordance with operating permit program procedures and deadlines in chapter 173

- 401 WAC and must comply
with WAC 173

- 400

- 171.

(3) Criteria for approval of a notice of construction application. An order of approval cannot be issued until the following criteria are met as applicable:

(a) The requirements of WAC 173

- 400

- 112;

(b) The requirements of WAC 173

- 400

- 113;

(c) The requirements of WAC 173

- 400

- 117;

(d) The requirements of WAC 173

- 400

- 171;

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– page 52(e) The requirements of WAC 173

- 400

- 200 and 173

- 400

- 205;

(f) The requirements of WAC 173

- 400

- 700 through173

- 400

- 750 ;
(g) The requirements of WAC 173

- 40 0

- 800 through173

- 400

- 860 ;
(h) The requirements of chapter 173

- 460 WAC; and

(i) All fees required under chapter 173

- 455 WAC (or the applicable new source review fee table of the local air pollution control authority) have been paid.

(4) Final determination

- Time frame and signature authority.

(a) Within sixty days of receipt of a complete notice of construction application, the permitting authority must either:

(i) Issue a final decision on the application; or

(ii ) Initiate notice and comment for those projects subject to WAC 173

- 400

- 171 followed as promptly as possible by a final decision.

(b) Every final determination on a notice of construction application must 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 the permitting authority.

(5) Distribution of the final decision.

(a) The permitting authority must promptly provide copies of each order app roving or denying a notice of construction application to the applicant and to any other party who submitted timely comments on the application, along with a notice advising parties of their rights of appeal to the pollution control hearings board.

(b ) If the new source is a major stationary source or the change is a major
modification subject to the requirements of WAC 173

- 400

- 800 through 173

- 400

- 860, the permitting authority must:

(i) Submit any control technology (LAER) determination included i n a final order of approval to the RACT/BACT/LAER clearinghouse maintained by EPA ; and

(ii) Send a copy of the final approval order to EPA

. (6) Appeals. Any conditions contained in an order of approval, or the denial of a notice of construction application may be appealed to the pollution control hearings board as provided under chapters 43.21B RCW and 371

- 08 WAC.

(7) Construction time limitations.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 53( a ) Approval to construct or modify a stationary source becomes invalid if construction is not commenced within eighteen months after receipt of the approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable
time. The permitting authority may extend the eighteen

- month period upon a satisfactory showing by the permittee that an extension is justified.

(b) The extension of a project that is either a major stationary source, a s defined in WAC 173

- 400

- 810, in a nonattainment area or a major modification, as defined in WAC 173

- 400

- 810, of a major stationary source in a nonattainment area must also require LAER, for the pollutants for which the area is classified as nonattainment, as LAER exists at the time of the extension for the pollutants that were subject to LAER in the original approval.

(c) This provision does not apply to the time period between construction of the approved phases of a phased construction project . Eac h phase must commence construction within eighteen months of the projected and approved commence construction date.

(8) Change of conditions or revisions to orders of approval.

(a) The owner or operator may request, at any time, a change in the conditions of an approval order and the permitting authority may approve the request provided the permitting authority
finds that:

(i) The change in conditions will not cause the source to exceed an emissions standard set by regulation or rule;

( ii) No ambient air quality standard will be exceeded as a result of the change;

(iii) The change will not adversely impact the ability of the permitting authority to determine compliance with an emissions standard;

(iv) The revised order will con tinue to require BACT for each new source approved by the order except where the Federal Clean Air Act requires LAER; and

(v) The revised order meets the requirements of WAC 173

- 400

- 111, 173

- 400

- 112, 173

- 400

- 113, 173

- 400

- 720, 173

- 400

- 830, and 173

- 460

- 040, as applicable.

(b) Actions taken under this subsection are subject to the public involvement provisions of
WAC 173

- 400

- 171 or the permitting authority's public notice and comment procedures.

(c) The applicant must consider the criteria in 40 C.F.R. 52.21 (r)(4) as adopted by reference
in WAC 173

- 400

- 720 or 173

- 400

- 830(3), as applicable, when determining which new source review approvals are required.

(9) Fees. Chapter 173

- 455 WAC lists the required fees payable to ecology for various per mit
actions.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 54(10) Enforcement. All persons who receive an order of approval must comply with all approval conditions contained in the order of approval.

State effective: 12 /

29/12; EPA effective: 6/11 /15

173

- 400

- 112 Requirements for New Sources in Nonattainment A reas

— Review for Compliance with R egulations.

110, 173

- 400

- 111, 173

- 400

- 112, and 173

- 400

- 113 apply statewide except where a permitting authority has adopted its own new source review regulations. The permitting authority
that is reviewing an application required by WAC 173

- 400

- 110(2) to establish a new source in a
nonattainment area shall issue the order of approval if it determines that the proposed project satisfies each of the following requirements:

(1) The proposed new s ource or modification will comply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted
und er chapter 70.94 RCW and, for sources regulated by an authority, the applicable emission standards of that authority.

(2) The proposed new source or modification will achieve LAER for any air contaminants for
which :

(a) The area has been designat ed nonattainment ; and

(b)(i) The proposed new source is major; or
(ii) The existing source is major and the major modification is significant

. (3) The proposed new source will employ BACT for those air contaminants not subject to
LAER that the new source will emit or for which the proposed modification will cause an
emissions increase.

(4) The proposed new source or modification will not cause any ambient air quality standard to be exceeded, will not violate the requirements for reasona ble further progress established by
the SIP and will comply with WAC 173

- 400

- 113 (3) and (4) for all air contaminants for which the area has not been designated nonattainment.

(5) If the proposal is a new major stationary source or a major modification as those terms are
defined in WAC 173

- 400

- 810 then it must also comply with WAC 173

- 400

- 800 through 173

- 400

- 860.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 55State effective: 12 /

29/12; EPA effective: 5/29/15

173

- 400

- 113 New Sources in A ttainment or Unclassifiable Areas

— Review for Compliance
with R egulations.

WAC 173

- 400

- 110, 173

- 400

- 111, 173

- 400

- 112, and 173

- 400

- 113 apply statewide except where a permitting authority has adopted its own new source review regulations. The permitting authority that is reviewing an application to es tablish a n ew source or modification in an
attainment or unclassifiable area shall issue an order of approval if it determines that the proposed project satisfies each of the following requirements:

(1) The proposed new source or modification will com ply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted under chapter 70.94 RCW and, for sources regulated by an authority, the applicable emission standards of that authority.

(2) The proposed new source or modification will employ BACT for all pollutants not previously emitted or whose emissions would increase as a result of the new sou rce or modification.

(3) Allowable emissions from the proposed new source or the increase in emissions from the proposed modification will not cause or contribute to a violation of any ambient air quality
standard. If the modeled concentrations of all owable emissions from the proposed new source or the increase in emissions from the proposed modification are below the levels in Table 4a, the proposed source does not contribute to a violation of an ambient air quality standard.

(4)(a) If the projec ted impact of the allowable emissions from the proposed new major stationary source (as defined in WAC 173

- 400

- 810) or the projected impact of the increase in allowable emissions from the proposed major modification (as defined in WAC 173

- 400

- 810) at any l ocation within a nonattainment area does not exceed the following levels for the pollutants for which the area has been designated nonattainment , then the proposed new source or
modification will not be considered to cause or contribute to a violation of a n ambient air quality
standard :
Table 4a: Cause or Contribute Threshold Values for Nonattainment Area Impacts

TABLE 2

-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 56Pollutant 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 μg /m 3 5 μg /m 3

- 25 μg /m 3 30 μg /m 3
PM 10 1.0 μg/m 3 5 μg/m 3

- - - PM 2.5 0.3 μg/m3 1.2 μg/m3 NO 2 1.0 μg /m 3

- - - -

(b) If the projected impact of the allowable emissions from the proposed new major stationary source (as defined in WAC 173

- 400

- 810) or the projected impact of the increase in allowable emissions from the proposed major modification (as defined in WAC 173

- 400

- 810) results in a projected impact at any location inside a nonattainment area above the appropriate value in Table 4a of this section may use an offsetting emission reduction or other method identified in 40 C.F.R. Part 51 Appendix S, Sections II I and IV.A which reduce the projected impacts to the above values or less. If the owner or operator of the proposed new major stationary source or major source proposed to be modified is unable to reduce emissions or obtain offsetting
emissions reductions adequate to reduce modeled impacts below the values in Table 4a of this section, then the permitting authority shall deny approval to construct and operate the proposed new major stationary source or major modification.

(5) If the proposal is a new ma jor stationary source or a major modification as defined in
WAC 173

- 400

- 720, then it must also comply with WAC 173

- 400

- 700 through 173

- 400

- 750.

State effective: 12 /

29/12; EPA effective: 5/29/15

173

- 400

- 116 Increment Protection.

This section takes effect on the effective date of EPA's incorporation of this section into the Washington state implementation plan.

(1) Ecology will periodically review increment consumption. Within sixty days of the time
that information becomes available to ecology that an applicable increment is or may be violated, ecology will review the state implementation plan for its adequacy to protect the increment from being exceeded. The plan will be revised to correct any inadequacies identified or to correct the increment violation. Any changes to the state implementation plan resulting from the review will be subject to public involvement in accordance with WAC 173

- 400

- 171 and EPA approval.

(2) PSD increments are published in 40 C.F.R. 52.21(c) a s adopted by reference in WAC 173

- 400

- 720 (4)(a)(iv).

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 57(3) Exclusions from increment consumption. The following concentrations are excluded when determining increment consumption:

(a) Concentrations of particulate matter, PM

- 10, or PM

- 2.5, attribu table to the increase in emissions from construction or other temporary emission

- related activities of new or modified

sources;

(b) The increase in concentrations attributable to new sources outside the United States over
the concentrations attributab le to existing sources which are included in the baseline concentration; and

(c) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources, which are affected b y a revision to the SIP approved by the administrator of the environmental protection agency. Such a revision

must:

(i) Specify the time over which the temporary emissions increase of sulfur dioxide, particulate matter, or nitrogen oxides would occur. Such time is not to exceed two years in duration unless a longer time is approved by the administrator.

(ii) Specify that the time period for excluding certain contributions in accordance with (c)(i) of this subsection is not renewable;

(iii) Al low no emissions increase from a stationary source, which would:

(A) Impact a Class I area or an area where an applicable increment is known to be violated; or

(B) Cause or contribute to the violation of a national ambient air quality standard.

(iv) Require limitations to be in effect by the end of the time period specified in accordance with (c)(i) of this subsection, which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceed those lev els occurring from such sources before the plan revision was approved.

State effective: 9 /

10/11; EPA effective: 5/29/15

173

- 400

- 1 17 Special P rotection Requirements for Federal Class I A reas.

(1) Definitions. The following definitions apply to this section:

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

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 58federal Class I area. This determination must be made on a ca se

- by

- case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairment,
and how these factors correlate with:

(i) Times of visitor use of the federal Class I area; and

(ii) The frequency and timing of natural conditions that reduce visibility.

(b) The terms "major stationary source," "major modification," and "net emissions increase"
are defined in WAC 173

- 400

- 720 for projects located in areas designated as att ainment or unclassifiable for the pollutants proposed to increase as a result of the project and are defined in
WAC 173

- 400

- 810 for projects located in areas designated as nonattainment for the pollutants proposed to increase as a result of the project.

(2) Applicability. The requirements of this section apply to all of the following permitting
actions:

(a) A PSD permit application for a new major stationary source or a major modification; or

(b) A notice of construction application for a maj or stationary source or a major modification to a stationary source in a nonattainment area, as either of those terms are defined in WAC 173

- 400

- 810.

(3) Contents and distribution of application.

(a) The application shall include an analysis of t he anticipated impacts of the project on visibility in any federal Class I area.

(b) The applicant must mail a copy of the application for the project and all amendments to the application to the permitting authority, EPA and to the responsible federa l land managers. Ecology will provide a list of the names and addresses of the federal land manager.

(4) Notice to federal land manager.

(a) The permitting authority shall send a copy of the completeness determination to the responsible federal l and manager.

(b) If, prior to receiving a notice of construction application or a PSD permit application, the permitting authority receives notice of a project described in subsection (2) of this section that may affect visibility in a federal Class I area, the permitting authority shall notify the responsible federal land manager within thirty days of the notification.

(5) Analysis by federal land manager.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 59(a) The permitting authority will consider any demonstration presented by the responsi ble federal land manager that emissions from a proposed new major stationary source or the net emissions increase from a proposed major modification described in subsection (2) of this section would have an adverse impact on visibility in any federal Class I area, provided that the demonstration is received by the permitting authority within thirty days of the federal land manager's receipt of the complete application.

(b) If the permitting authority concurs with the federal land manager's demonstratio n, the PSD permit or approval order for the project either shall be denied, or conditions shall be included in the approval order to prevent the adverse impact.

(c) If the permitting authority finds that the federal land manager's analysis does not
de monstrate that the project will have an adverse impact on visibility in a federal Class I area, the permitting authority shall explain its decision in compliance with the notice requirements of
WAC 173

- 400

- 171 for those permits subject to WAC 173

- 400

- 800 t hrough 173

- 400

- 860. For permits subject to the prevention of significant deterioration program, the permitting authority shall state in the public notice required by WAC 173

- 400

- 740 that an explanation of the decision appears in the Technical Support Docum ent for the proposed permit.

(6) Additional requirements for projects that require a PSD permit.

(a) For sources impacting federal Class I areas, the permitting authority shall provide notice to EPA of every action related to consideration of the PSD permit.

(b) The permitting authority shall consider any demonstration received from the responsible federal land manager prior to the close of the public comment period on a proposed PSD permit that emissions from the proposed new major stationar y source or the net emissions increase from a proposed major modification would have an adverse impact on the air quality

- related values (including visibility) of any mandatory Class I federal area.

(c) If the permitting authority concurs with the dem onstration, the PSD permit either shall be denied, or conditions shall be included in the PSD permit to prevent the adverse impact.

(7) Additional requirements for projects located in nonattainment areas. In reviewing a PSD permit application or notic e of construction application for a new major stationary source or major modification proposed for construction, as those terms are defined in WAC 173

- 400

- 810, in an area classified as nonattainment, the permitting authority must ensure that the proposed

n ew source's emissions or the proposed modification's increase in emissions will be consistent with making reasonable progress toward meeting the national goal of preventing any future, and remedying any existing, impairment of visibility by human

- caused ai r pollution in mandatory Class I federal areas. In determining the need for approval order conditions to meet this requirement, the permitting authority may take into account the costs of compliance, the time

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 60necessary for compliance, the energy and nonair quality environmental impacts of compliance,
and the useful life of the source.

(8) Monitoring. The permitting authority may require post

- construction monitoring of the impact from the project. The monitoring shall be limited to the impacts on visibi lity in any federal Class I area near the proposed project.

State effective: 12 /

29/12; EPA effective: 5/29/15

173

- 400

- 118 Desig nation of Class I, II, and III A reas.

(1) Designation.

(a) Lands within the exterior boundaries of Indian reservations may be proposed for redesignation by an Indian governing body or EPA. This restriction does not apply to nontrust lands within the 1873 Survey Area of the Puyallup Indian Reservation.

(b) All areas of the state must be designated either Class I, II or III.

(i) The following areas are the Class I areas in Washington state:

(A) Alpine Lakes Wilderness;

(B) Glacier Peak Wilderness;

(C) Goat Rocks Wilderness;

(D) Adams Wilderness;

(E) Mount Rainier National Park;

(F) North Cascades National Park;

(G) Olympic National Park;

(H) Pasayten Wilderness; and

(I) Spokane Indian Reservation. 1

(ii) All other areas of the state are Class II, but may be redesignated as provided in subsections (2) and (3) of this section.

1. EPA redesignated this land based on a request from the Spokane Tribal Council. See 40 C.F.R. 52.2497 and 56 FR 14862, April 12, 1991, for details.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 61(2) Restrictions on ar ea classifications.

(a) Except for the Spokane Indian Reservation, the Class I areas listed in subsection (1) of this section may not be redesignated.

(b) Except as provided in (a) of this subsection, the following areas that exceed 10,000 acres in size may be redesignated as Class I or II:

(i) Areas in existence on August 7, 1977:

(A) A national monument;

(B) A national primitive area;

(C) A national preserve;

(D) A national wild and scenic river;

(E) A national wil dlife refuge;

(F) A national lakeshore or seashore; or

(G) A national recreation area.

(ii) Areas established after August 7, 1977:

(A) A national park;

(B) A national wilderness area; or

(C) Areas proposed by ecology for designation or redesignation.

(3) Redesignation of area classifications.

(a) Ecology shall propose the redesignation of an area classification as a revision to the SIP.

(b) Ecology may submit to EPA a p roposal to redesignate areas of the state as Class I or II if:

(i) Ecology followed the public involvement procedures in WAC 173

- 400

- 171(12);

(ii) Ecology explained the reasons for the proposed redesignation, including a description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation;

(iii) Ecology made available for public inspection at least thirty days before the hearing the explanation of the reasons for the proposed redesignation;

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 62(iv) Ecology notified other states, tribal governing bodies, and federal land managers (as defined in 40 C.F.R. 52.21 (b)(24)) whose lands may be affected by the proposed redesignation at least thirty days prior to the public hearing;

(v) Ecolog y consulted with the elected leadership of local governments in the area covered by the proposed redesignation before proposing the redesignation; and

(vi) Ecology followed these procedures when a redesignation includes any federal lands:

(A) Eco logy notified in writing the appropriate federal land manager on the proposed redesignation. Ecology allowed forty

- five days for the federal land manager to confer with ecology and to submit written comments.

(B) Ecology responded to any written comm ents from the federal land manager that were received within forty

- five days of notification. Ecology's response was available to the public in advance of the notice of the hearing.

(I) Ecology sent the written comments of the federal land manager, al ong with ecology's response to those comments, to the public location as required in WAC 173

- 400

- 171 (2)(a).

(II) If ecology disagreed with the federal land manager's written comments, ecology published a list of any inconsistency between the redesign ation and the comments of the federal land manager, together with the reasons for making the redesignation against the recommendation of the federal land manager.

(c) Ecology may submit to EPA a proposal to redesignate any area other than an area to w hich subsection (1) of this section applies as Class III if:

(i) The redesignation followed the public involvement requirements of WAC 173

- 400

- 171
and 173

- 400

- 118(3);

(ii) The redesignation has been specifically approved by the governor of Washin gton state, after consultation with the appropriate committees of the legislature if it is in session, or with the leadership of the legislature, if it is not in session;

(iii) The redesignation has been approved by local governments representing a ma jority of the residents of the area to be redesignated. The local governments enacted legislation or passed resolutions concurring in the redesignation;

(iv) The redesignation would not cause, or contribute to, a concentration of any air
contaminant w hich would exceed any maximum allowable increase permitted under the classification of any other area or any National Ambient Air Quality Standard; and

(v) A PSD permit under WAC 173

- 400

- 720 for a new major stationary source or major modification could be issued only if the area in question were redesignated as Class III, and

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 63material submitted as part of that application was available for public ins pection prior to any public hearing on redesignation of the area as Class III.

State effective: 12 /

29/12; EPA effective: 11/3/14

173

- 400

- 131 Issuance of emission reduction credits.

(1) Applicability. The owner or operator of any source may apply to the permitting authority for an emission reduction credit (ERC) if the source proposes to reduce its actual emissions rate for any contaminant regulated by state or federal law for which the emission requirement may be stated as an allowable limit in weight o f contaminant per unit time for the emissions units
involved.

(2) Time of application. The application for an ERC must be made prior to or within one hundred eighty days after the emission reduction has been accomplished.

(3) Conditions. An ERC may be authorized provided the following conditions have been demonstrated to the satisfaction of the permitting authority.

(a) The quantity of emissions in the ERC shall be less than or equal to the old allowable
emissions rate or the old actual emissions rate, whichever is the lesser, minus the new allowable emissions rate. The old actual emissions rate is the average emissions rate occurring during the most recent twenty

- four

- month period preceding the request for an ERC. An alternative twenty

four

- month period from within the previous five years may be accepted by the permitting authority if the owner or operator of the source demonstrates to the satisfaction of the permitting authority that the alternative period is more representative of actual operations of the unit or

source.
(b) The ERC application must include a description of all the changes that are required to accomplish the claimed emissions reduction, such as, new control equipment, process modifications, l imitation of hours of operation, permanent shutdown of equipment, specified control practices, etc.

(c) The reduction must be: Greater than otherwise required by an applicable emission standard, order of approval, or regulatory order and be permanent, quantifiable, and federally
enforceable.

(d) The reduction must be large enough to be readily quantifiable relative to the source strength of the emissions unit(s) involved.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 64(e) No part of the emission reductions claimed for credit shall have be en used as part of a determination of net emission increase, nor as part of an offsetting transaction under WAC 173

- 400

- 113(4) or 173

- 400

- 830, nor as part of a bubble transaction under WAC 173

- 400

- 120.

(f) No part of the emission reduction was include d in the emission inventory used to demonstrate attainment or for reasonable further progress in an amendment to the state implementation plan.

(g) Concurrent with or prior to the authorization of an ERC, the applicant shall receive (have received) a federally enforceable regulatory order or permit that establishes total allowable emissions from the source or emissions unit of the contaminant for which the ERC is requested, expressed as weight of contaminant per unit time.

(h) The use of any ERC s hall be consistent with all other federal, state, and local requirements of the program in which it is used.

(4) Additional information. Within thirty days after the receipt of an ERC application and all supporting data and documentation, the permitti ng authority may require the submission of additional information needed to review the application.

(5) Approval. Within thirty days after all required information has been received, the permitting authority shall approve or deny the application, base d on a finding that conditions in subsection (3)(a) through (h) of this section have been satisfied or not. If the application is approved, the permitting authority shall:

(a) Issue a regulatory order or equivalent document to assure that the emission s from the source will not exceed the allowable emission rates claimed in the ERC application, expressed in weight of pollutant per unit time for each emission unit involved. The regulatory order or equivalent document shall include any conditions required to assure that subsection (3)(a) through (h) of this section will be satisfied. If the ERC depends in whole or in part upon the shutdown of equipment, the regulatory order or equivalent document must prohibit operation of the affected equipment; and

(b) Issue a certificate of emission reduction credit. The certificate shall specify the issue date, the contaminants involved, the emission decrease expressed as weight of pollutant per unit time, the nonattainment area involved, if applicable, and the per son to whom the certificate is issued.
The emission reduction credit listed in the certificate shall be less than the amount of emission reduction achieved by the source. The difference between the emission reduction and the
emission reduction credit must be a decrease of at least one ton per year or one percent of the emission reduction, whichever decrease is greater.

(c) The certificate of emission reduction credit shall include the expiration date of the credit.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 65State effective: 4 /

1/11; EPA effective: 1 2/8 /14

173

- 400

- 136 Use of emission reduction credits (ERC).

(1) Permissible use. An ERC may be used to:

(a) Satisfy the requirements for authorization of a bubble under WAC 173

- 400

- 120;

(b) As an offsetting reduction to satisfy th e requirements for new source review in WAC 173

- 400

- 830 or 173

- 400

- 113(4);

(c) Or if the reduction meets the criteria to be a creditable contemporaneous emission reduction, to demonstrate a creditable contemporaneous emission reduction for determining a net emissions increase under WAC 173

- 400

- 700 through 173

- 400

- 750 and 173

- 400

- 800 through
173

- 400

- 860.

(2) Surrender of ERC certificate. When an ERC is used under subsection (1) of this section,
the certificate for the ERC must be surrendered to the permitting authority. If only a portion of the ERC is used, the amended certificate will be returned to the owner.

(3) Conditions of use.

(a) An ERC may be used only for the air contaminants for which it was issued.

(b) The permitting authority may impose additional conditions of use to account for temporal and spatial differences between the emissions units that generated the ERC and the emissions
units that use the ERC.

(4) Sale of an ERC. An ERC may be so ld or otherwise transferred to a person other than the person to whom it was originally issued. Within thirty days after the transfer of ownership, the certificate must be surrendered to the issuing authority. After receiving the certificate, the issuing

a uthority shall reissue the certificate to the new owner.

(5) Redemption period. An unused ERC expires ten years after date of original issue.

(6) Discount due to change in SIP. If reductions in emissions beyond those identified in the SIP are req uired to meet an ambient air quality standard, issued ERCs may be discounted as necessary to reach attainment.

(a) Issued ERCs may be discounted if:

(i) Reductions in emissions beyond those identified in the SIP are required to meet an ambient
ai r quality standard;

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 66(ii) The ambient standard cannot be met through controls on operating sources; and

(iii) The plan must be revised.

(b) The discount shall not exceed the percentage of additional emission reduction needed to
reach attainme nt.

(c) ERCs may be discounted by the permitting authority only after notice to the public according to WAC 173

- 400

- 171 and the owners of affected ERCs.

State effective: 12 /

29/12; EPA effective: 12/8/14

173

- 400

- 151 Retrofit Requirements for Visibility P rotection.

(1) The requirements of this section apply to an existing stationary facility. An "existing stationary facility" means a stationary source of air contaminants that meets all of these
conditions:

(a) The stationary source must have the potential to emit 250 tons per year or more of any air contaminant. Fugitive emissions, to the extent quantifiable, must be counted in determining the potential to emit; and

(b) The stationary source was not in operation prior to August 7, 1 962, and was in existence on August 7, 1977; and

(c) Is in one of the following 26 source categories:

Fossil

- fuel fired steam electric plants of more than 250 million British thermal units per hour heat input, Coke oven batteries,

Coal cleaning plants (thermal dryers), Sulfur recovery plants,

Kraft pulp mills, Carbon black plants (furnace process),

Portland cement plants, Primary lead smelters,

Primary zinc smelters, Fuel conversion plants,

Iron and steel mil l plants, Sintering plants,

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 67Primary aluminum ore reduction plants, Secondary metal production facilities,

Primary copper smelters, Chemical process plants,

Municipal incinerators capable of charging more than 250 tons of refuse per day, Fossil

- fuel boilers of more than 250 million British thermal units per hour heat input, Hydrofluoric, sulfuric, and nitric acid plants, Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels,

Petroleum refineries, T aconite ore processing facilities,

Lime plants, Glass fiber processing plants, and

Phosphate rock processing plants, Charcoal production facilities.

(d) For purposes of determining whether a stationary source is an existing stationary facility, the term "building, structure, facility, or installation" means all of the pollutant

- emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under 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 in the 1977 supplement.

(2) Ecology shall identify each existing stationary facility which may reasonably be anticipated to cause or contribute to visibility impair ment in any mandatory Class 1 federal area in Washington and any adjacent state.

(3) For each existing stationary facility identified under subsection (2) of this section, ecology, in consultation with the permitting authority shall determine BART for each air contaminant of concern and any additional air pollution control technologies that are to be required to reduce impairment from the existing stationary facility.

(4) Each existing stationary facility shall apply BART as new technology for con trol of the air contaminant becomes reasonably available if:

(a) The existing stationary facility emits the air contaminant contributing to visibility impairment;

(b) Controls representing BART for that air contaminant have not previously been re quired under this section; and

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 68(c) The impairment of visibility in any mandatory Class 1 federal area is reasonably
attributable to the emissions of the air contaminant.

State effective: 2 /

10/05; EPA effective: 11/3/14

173

- 400

- 161 Compliance S chedules

(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 specified 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 involvement (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 included with a regulatory order are being met. Such compliance does not preclude federal enforcement action by the EPA until and unless the schedule is submitted and adopted as an amendment to the state implementation plan.

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

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

173

- 400

- 171 Public Notice and Opportunity for Public C omment.

The purpose of this section is to specify the requirements for notifying the public about air quality actions and to provide opportunities for the public to participate in those actions. This section applies statewide except that the requirements of WAC 173

- 400

- 171 (1) through (11) do not apply where the permitting authority has adopted its own public notice provisions.

(1) Applicability to prevention of significant deterioration, and relocation of portable sources.

This section does not apply t o:
(a) A notice of construction application designated for integrated review with actions regulated by WAC 173

- 400

- 700 through 173

- 400

- 750. In such cases, compliance with the public notification requirements of WAC 173

- 400

- 740 is required.

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– page 69(b) Po rtable source relocation notices as regulated by WAC 173

- 400

- 036, relocation of portable sources.

(2) Internet notice of application.

(a) For those applications and actions not subject to a mandatory public comment period per subsection (3) of th is section, the permitting authority must post an announcement of the receipt of notice of construction applications and other proposed actions on the permitting authority's
internet web site.

(b) The internet posting must remain on the permitting aut hority's web site for a minimum of fifteen consecutive days.

(c) The internet posting must include a notice of the receipt of the application, the type of proposed action, and a statement that the public may request a public comment period on the

prop osed action.

(d) Requests for a public comment period must be submitted to the permitting authority in writing via letter, fax, or electronic mail during the fifteen

- day internet posting period.

(e) A public comment period must be provided for an y application or proposed action that receives such a request. Any application or proposed action for which a public comment period is not requested may be processed without further public involvement at the end of the fifteen

day internet posting period.

(3) Actions subject to a mandatory public comment period.

The permitting authority must provide public notice and a public comment period before approving or denying any of the following types of applications or other actions:

(a) Any applic ation, order, or proposed action for which a public comment period is requested in compliance with subsection (2) of this section.

(b) Any notice of construction application for a new or modified source, including the initial application for operation of a portable source, if there is an increase in emissions of any air pollutant at a rate above the emission threshold rate (defined in WAC 173

- 400

- 030) or any increase in emissions of a toxic air pollutant above the acceptable source impact level for tha t toxic air pollutant as regulated under chapter 173

- 460 WAC ; or
(c) Any use of a modified or substituted air quality model, other than a guideline model in Appendix W of 40 C.F.R. Part 51 (in effect on May 1, 2012) as part of review under WAC 173

- 400

- 110, 173

- 400

- 113, or 173

- 400

- 117; or

(d) Any order to determine reasonably available control technology, RACT; or

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– page 70(e) An order to establish a compliance schedule issued under WAC 173

- 400

- 161, or a
variance issued under WAC 173

- 400

- 180; or

Note: Mandatory notice is not required for compliance orders issued under WAC 173

- 400

- 230.

(f) An order to demonstrate the creditable height of a stack which exceeds the good engineering practice, GEP, formula height and sixty

- five meters, by means of a fl uid model or a field study, for the purposes of establishing an emission limitation; or

(g) An order to authorize a bubble; or

(h) Any action to discount the value of an emission reduction credit, ERC, issued to a source per WAC 173

- 400

- 136; or

(i) Any regulatory order to establish best available retrofit technology, BART, for an existing stationary facility; or

(j) Any notice of construction application or regulatory order used to establish a creditable emission reduction; or

(k) Any order issued under WAC 173

- 400

- 091 that establishes limitations on a source's potential to emit; or

(l) The original issuance and the issuance of all revisions to a general order of approval issued
under WAC 173

- 400

- 560 (this does not include cove rage orders); or

(m) Any extension of the deadline to begin actual construction of a "major stationary source" or "major modification" in a nonattainment area; or

(n) Any application or other action for which the permitting authority determines t hat there is significant public interest.

(4) Advertising the mandatory public comment period. Public notice of all applications, orders, or actions listed in subsection (3) of this section must be given by prominent
advertisement in the area affected by the proposal. Prominent advertisement may be by publication in a newspaper of general circulation in the area of the proposed action or other means of prominent advertisement in the area affected by the proposal. This public notice can be published or given only after all of the information required by the permitting authority has been submitted and after the applicable preliminary determinations, if any, have been made. The notice must be published or given before any of the applications or other actio ns listed in subsection (3) of this section are approved or denied. The applicant or other initiator of the action must pay the publishing cost of providing public notice.

(5) Information available for public review. The information submitted by the a pplicant, and any applicable preliminary determinations, including analyses of the effects on air quality, must

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– page 71be available for public inspection in at least one location near the proposed project. Exemptions from this requirement include information prot ected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205 and chapter 173

- 03 WAC.

(6) Public notice components.

(a) The notice must include:

(i) The name and address of the owner or operator and the facilit y;
(ii) A brief description of the proposal and the type of facility, including a description of the facility's processes subject to the permit;

(iii) A description of the air contaminant emissions including the type of pollutants and quantity of emissions that would increase under the proposal;

(iv) The location where those documents made available for public inspection may be reviewed;

(v) A thirty

- day period for submitting written comment to the permitting authority;

(vi) A state ment that a public hearing will be held if the permitting authority determines that there is significant public interest;

(vii) The name, address, and telephone number and e

- mail address of a person at the permitting authority from whom interested per sons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, including any compliance plan, permit, and monitoring and compliance certification report, and all other
materials available t o the permitting authority that are relevant to the permit decision, unless the information is exempt from disclosure;

(b) For projects subject to special protection requirements for federal Class I areas, as required by WAC 173

- 400

- 117, public notice must include an explanation of the permitting authority's draft decision or state that an explanation of the draft decision appears in the support document for the proposed order of approval.

(7) Length of the public comment period.

(a) The publ ic comment period must extend at least thirty days prior to any hearing.

(b) If a public hearing is held, the public comment period must extend through the hearing
date.

(c) The final decision cannot be issued until the public comment period has ended and any comments received during the public comment period have been considered.

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– page 72(8) Requesting a public hearing. The applicant, any interested governmental entity, any group, or any person may request a public hearing within the thirty

- day publ ic comment period. All hearing requests must be submitted to the permitting authority in writing via letter, fax, or electronic mail. A request must indicate the interest of the entity filing it and why a hearing is
warranted.

(9) Setting the hearing date and providing hearing notice. If the permitting authority determines that significant public interest exists, then it will hold a public hearing. The permitting authority will determine the location, date, and time of the public hearing.

(10) Not ice of public hearing.

(a) At least thirty days prior to the hearing the permitting authority will provide notice of the hearing as follows:

(i) Give public hearing notice by prominent advertisement in the area affected by the proposal. Prominent advertisement may be by publication in a newspaper of general circulation in the area of the proposed action or other means of prominent advertisement in the area affected by the proposal; and

(ii) Mail the notice of public hearing to any person who submitted written comments on the application or requested a public hearing and in the case of a permit action, to the applicant.

(b) This notice must include the date, time and location of the public hearing and the
information described in subsectio n (6) of this section.

(c) In the case of a permit action, the applicant must pay all publishing costs associated with meeting the requirements of this subsection.

(11) Notifying the EPA. The permitting authority must send a copy of the notice for all actions subject to a mandatory public comment period to the EPA Region 10 regional
administrator.

(12) Special requirements for ecology only actions.

(a) This subsection applies to ecology only actions including:

(i) A Washington state recommendation to EPA for the designation of an area as attainment, nonattainment or unclassifiable after EPA promulgation of a new or revised ambient air quali ty standard or for the redesignation of an unclassifiable or attainment area to nonattainment;

(ii) A Washington state submittal of a SIP revision to EPA for approval including plans for attainment and maintenance of ambient air quality standards, pla ns for visibility protection, requests for revision to the boundaries of attainment and maintenance areas, requests for

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– page 73redesignation of Class I, II, or III areas under WAC 173

- 400

- 118, and rules to strengthen the
SIP.

(b) Ecology must provide a publi c hearing or an opportunity for requesting a public hearing on an ecology only action. The notice providing the opportunity for a public hearing must specify the manner and date by which a person may request the public hearing and either provide the date, time and place of the proposed hearing or specify that ecology will publish a notice specifying the date, time and place of the hearing at least thirty days prior to the hearing. When ecology provides the opportunity for requesting a public hearing, the he aring must be held if requested by any person. Ecology may cancel the hearing if no request is received.

(c) The public notice for ecology only actions must comply with the requirements of 40 C.F.R. 51.102 in effect on July 1, 2012.

(13 ) Other re quirements of law. Whenever procedures permitted or mandated by law will accomplish the objectives of public notice and opportunity for comment, those procedures may be used in lieu of the provisions of this section.

State effective: 12/29/12; EPA effectiv e: 5/29/15

173

- 400

- 175 Public I nformation.

All information, except information protected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205, is available for public inspection at the issuing agency. This includes copies of notice of construction applications, o rders, and applications to modify orders.

State effective: 2/ 10/05 ; EPA effective: 11/3/14

173

- 400

- 190 Requirements for Nonattainment A reas

The development of specific requirements for nonattainment areas shall include consultation with local government in the area and shall include public involvement per WAC 173

- 400

- 171.

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

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– page 74173

- 400

- 200 Creditable S tack Height and Dispersion T echniques.

(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 subject to the provisions of Section 118 of the Federal Clean Air Act, which commenced operation before July 1, 1957, and for whose stacks
construction commenced before Februa ry 8, 1974;

(c) Flares;

(d) Outdoor burning for agricultural or silvicultural purposes 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 the actual stack height.

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

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

(i) Sixty

- five meters, measured from the 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,

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 nearb y structure(s), subject to the proviso
below.

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

(b) Dispersion techniques. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 75several existing stacks into one stack; or ot her 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 temperat ure at which it was originally discharged from the facility generating the gas stream;

(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 accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion shall apply only to the emission limitation for the pollutant affected by such change in operation.

(C) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment 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. EPA, ecology, or a permitting 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 credi t 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 performed according to the procedures described in the EPA Guideline for Determination of Good Engineering Practice Height (Technical Support Document of the Stack Height Regulations). The creditable height demonstrated by a fluid model or field study shall ensure that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain
features.

(a) "Nearby," as used in this subsection for conducting a field study or fluid model, means not greater t han 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 times the maximum height of the feature, not to exceed two miles if such feature achieves a height 0.8 km from the stack that is at least forty percent of the GEP stack height or 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 purpose of determining creditable stack height under this subsection and means a maximum ground

- level concentration owing to a

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 76significant downwash effect which contributes to excursion over an ambient air quality standard. For sources subject to PSD review (WAC 173

- 400

- 720 and 40 C.F.R. 52.21) an excessive concentration alternatively means a maximum ground

- level concentration owing to a significant
downwash effect which contrib utes to excursion over a PSD increment. The emission rate used in this demonstration shall be the emission rate specified in the state implementation plan, or in the absence of such, the actual emission rate of the source. "Significant downwash effect" mea ns a maximum ground

- level concentration due to emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least forty percent in excess of the maximu m concentration experienced in the absence of such downwash, wakes, or eddy effects.

State effective: 2/ 10/05 ; EPA effective: 11/3/14

173

- 400

- 205 Adjustment for A tmospheric C onditions

Varying the rate of emission of a pollutant according to atmospheric co nditions or ambient concentrations of that pollutant is prohibited, except as directed according to air pollution episode regulations.

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

173

- 400

- 210 Emission Requirements of Prior J urisdictions

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

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

173

- 400

- 560 General Order of A pproval.

In lieu of filing a notice of construction application under WAC 173

- 400

- 110, the owner or operator may ap ply for coverage under a general order of approval issued under this section. Coverage under a general order of approval satisfies the requirement for new source review
under RCW 70.94.152.

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– page 77(1) Issuance of general orders of approval. A permitting auth ority may issue a general order of approval applicable to a specific type of emission unit or source, not including nonroad engines as defined in section 216 of the Federal Clean Air Act, subject to the conditions in this section. A general order of approv al shall identify criteria by which an emission unit or source may qualify for coverage under the associated general order of approval and shall include terms and conditions under which the owner or operator agrees to install and/or operate the covered
emi ssion unit or source. At a minimum, these terms and conditions shall include:

(a) Applicable emissions limitations and/or control requirements;

(b) Best available control technology;

(c) Appropriate operational restrictions, such as:

(i ) Criteria related to the physical size of the unit(s) covered;

(ii) Criteria related to raw materials and fuels used;

(iii) Criteria related to allowed or prohibited locations; and

(iv) Other similar criteria determined by a permitting auth ority;

(d) Monitoring, reporting and recordkeeping requirements to ensure compliance with the applicable emission limits and control requirements;

(e) Appropriate initial and periodic emission testing requirements;

(f) Compliance with chapter 173

- 460 WAC , WAC 173

- 400

- 112 and 173

- 400

- 113 as applicable;

(g) Compliance with 40 C.F.R. Parts 60, 61, 62, and 63; and

(h) The application and approval process to obtain coverage under the specific general order of approval.

(2) Public comment. Compliance with WAC 173

- 400

- 171 is required for a proposed new general order of approval or modification of an existing general order of approval.

(3) Modification of general orders of approval. A permitting autho rity may review and modify a general order of approval at any time. Only the permitting authority that issued a general order of approval may modify that general order of approval. Modifications to general orders of approval shall follow the procedures of this regulation and shall only take effect prospectively.

(4) Application for coverage under a general order of approval.

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– page 78(a) In lieu of applying for an individual order of approval under WAC 173

- 400

- 110, an owner or operator of an emission unit or source may apply for and receive coverage from a permitting authority under a general order of approval if:

(i) The owner or operator of the emission unit or source applies for coverage under a general order of approval in accordance with this regu lation and any conditions of the approval related to application for and granting coverage under the general order of approval;

(ii) The emission unit or source meets all the qualifications listed in the requested general order of approval;

(iii) The requested emission unit or source is not part of a new major stationary source or major modification of a major stationary source subject to the requirements of WAC 173

- 400

- 113 (3) and (4), 173

- 400

- 700 through 173

- 400

- 750 or 173

- 400

- 800 through 173

- 40 0

- 860; and

(iv) The requested emission unit or source does not trigger applicability of the operating permit program under chapter 173

- 401 WAC or trigger a required modification of an existing operating permit.

(b) Owners or operators of emission units or sources applying for coverage under a general order of approval shall do so using the forms supplied by a permitting authority and include the required fee. The application must include all information necessary to determine qualification for, an d to assure compliance with, a general order of approval.

(c) An application shall be incomplete until a permitting authority has received any required
fees.

(d) The owner or operator of a new source or modification of an existing source that qua lifies for coverage under a general order of approval may not begin actual construction of the new source or modification until its application for coverage has been approved or accepted under the procedures established in subsection (5) of this section.

(5) Processing applications for coverage under a general order of approval. Each general order of approval shall include a section on how an applicant is to request coverage and how the permitting authority will grant coverage. The section of the gener al order of approval will include either the method in (a) or (b) of this subsection to describe the process for the applicant to be granted coverage.

(a) Within thirty days of receipt of an application for coverage under a general order of approval, the permitting authority shall notify an applicant in writing that the application is incomplete, approved, or denied. If an application is incomplete, the permitting authority shall notify an applicant of the information needed to complete the application . If an application is denied, the permitting authority shall notify an applicant of the reasons why the application is

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– page 79denied. Coverage under a general order of approval is effective as of the date of issuance of approval by the permitting authority.

(b) The applicant is approved for coverage under the general order of approval thirty

- one days after an application for coverage is received by the permitting authority, unless the owner or operator receives a letter from the permitting authority, postmar ked within thirty days of when the application for coverage was received by the permitting authority, notifying the owner or operator that the emissions unit or source does not qualify for coverage under the general order of approval. The letter denying co verage shall notify the applicant of the disqualification and the reasons why coverage is denied.

(6) Termination of coverage under a general order of approval. An owner or operator who has received approval of an application for coverage under a gene ral order of approval may later request to be excluded from coverage under that general order of approval by applying to the same permitting authority for an individual order of approval, under WAC 173

- 400

- 110, or for coverage under another general order o f approval. If the same permitting authority issues an individual order of approval or other permit or order serving the same purpose as the original general order of approval, or approves coverage under a different general order of approval, coverage unde r the original general order of approval is automatically terminated, effective on the effective date of the individual order of approval, order or permit or new general order of approval.

(7) Failure to qualify or comply. An owner or operator who req uests and is granted approval for coverage under a general order of approval shall be subject to enforcement action for
establishment of a new source in violation of WAC 173

- 400

- 110 if a decision to grant coverage under a general order of approval was base d upon erroneous information submitted by the applicant.

State effective : 12 /2 9 /

1 2 ; EPA effective: 5/29/15

173

- 400

- 700 Review of Major Stationary S ources of Air P ollution.

(1) The following sections are to be used by ecology when reviewing and permitting new major stationary sources and major modifications to major stationary sources located in attainment or unclassified areas in Washington.

(2) WAC 173

- 400

- 700 throug h 173

- 400

- 750 apply statewide except:

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– page 80(a) Where the authority has received delegation of the federal PSD program from EPA or has a SIP approved PSD program.

(b) To projects under the jurisdiction of the energy facility site evaluation council sit e certification process pursuant to chapter 80.50 RCW.

(3) The construction of a major stationary source or major modification subject to the permitting requirements of the following section might also be subject to the permitting programs in WAC 173

- 400

- 110 and 173

- 400

- 800 through 173

- 400

- 860.

State effective : 4/1/ 1 1 ; EPA effective: 5/29/15

173

- 400

- 710 Definitions.

(1) For purposes of WAC 173

- 400

- 720 through 173

- 400

- 750 the definitions in 40 C.F.R. 52.21(b), adopted by reference in WAC 173

- 400

- 720 (4)(a)(iv), are to be used, except: The definition of "secondary emissions" as defined in WAC 173

- 400

- 030 will be used.

(2) All usage of the term "source" in WAC 173

- 400

- 710 through 173

- 400

- 750 and in 40 C.F.R. 52.21 as adopted by reference is to be interpreted to mean "stationary source" as defined in 40 C.F.R. 52.21 (b)(5). A stationary source (or source) does not i nclude emissions resulting directly from an internal combustion engine for transportation purposes, from a nonroad engine,
or a nonroad vehicle as defined in section 216 of the Federal Clean Air Act.

State effective : 12/29/ 1 2 ; EPA effective: 5/29/15

173

- 400

- 720 Prevention of Significant D eterioration (PSD).

(1) No major stationary source or major modification to which the requirements of this section apply is authorized to begin actual construction without having received a PSD permit.

(2) Ear ly planning encouraged. In order to develop an appropriate application, the source should engage in an early planning process to assess the needs of the facility. An opportunity for a preapplication meeting with ecology is available to any potential applic ant.

(3) Enforcement. Ecology or the permitting authority with jurisdiction over the source under chapter 173

- 401 WAC, the Operating permit regulation, shall:

(a) Receive all reports required in the PSD permit;

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– page 81(b) Enforce the requirement to apply for a PSD permit when one is required; and

(c) Enforce the conditions in the PSD permit.

(4) Applicable requirements.

(a) A PSD permit must assure compliance with the following requirements:

(i) WAC 173

- 400

- 113 (1) through (4);

(ii) WAC 173

- 400

- 117

- Special protection requirements for federal Class I areas;

(iii) WAC 173

- 400

- 200;

(iv) WAC 173

- 400

- 205;

(v) Allowable emission limits established under WAC 173

- 400

- 081 must also meet the
criteria of 40 C.F.R. 52.2 1 (k)(1) and 52.21 (p)(1) through (4); and

(vi) The following subparts of 40 C.F.R. 52.21, in effect on August 13, 2012, which are adopted by reference. Exceptions are listed in (b)(i), (ii), (iii), and (iv) of this subsection:

Section Title 40 C.F.R. 52.21 (a)(2) Applicability Procedures.

40 C.F.R. 52.21 (b) Definitions, except the definition of "secondary emissions."

40 C.F.R. 52.21 (c) Ambient air increments.

40 C.F.R. 52.21 (d) Ambient air ceilings.

40 C.F.R. 52.21 (h) Stack heights.

40 C.F.R. 52.21 (i) Review of major stationary sources and major modifications

- Source applicability and exemptions.

40 C.F.R. 52.21 (j) Control technology review.

40 C.F.R. 52.21 (k) Source impact an alysis.

40 C.F.R. 52.21 (l) Air quality models.

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– page 8240 C.F.R. 52.21 (m) Air quality analysis.

40 C.F.R. 52.21 (n) Source information.

40 C.F.R. 52.21 (o) Additional impact analysis.

40 C.F.R. 52.21 (p)(1) through (4) Sources impacting federal Class I areas

- Additional requirements

40 C.F.R. 52.21 (r) Source obligation.

40 C.F.R. 52.21 (v) Innovative control technology.

40 C.F.R. 52.21 (w) Permit rescission.

40 C.F.R. 52.21 (aa) Actuals Plantwide Applicability Limitation.

(b) Exceptions to adopting 40 C.F.R. 52.21 by reference.

(i) Every use of the word "administrator" in 40 C.F.R. 52.21 means ecology except for the following:

(A) In 40 C.F.R. 52.21 (b)(17), the definition of federally enforceable, "administrator" means
the EPA administrator.

(B) In 40 C.F.R. 52.21 (l)(2), air quality models, "administrator" means the EPA
administrator.

(C) In 40 C.F.R. 52.21 (b)(43) the definition of prevention of signi ficant deterioration program, "administrator" means the EPA administrator.

(D) In 40 C.F.R. 52.21 (b)(48)(ii)(c) related to regulations promulgated by the administrator,
"administrator" means the EPA administrator.

(E) In 40 C.F.R. 52.21 (b)(50)( i) related to the definition of a regulated NSR pollutant,
"administrator" means the EPA administrator.

(F) In 40 C.F.R. 52.21 (b)(37) related to the definition of repowering, "administrator" means
the EPA administrator.

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– page 83(G) In 40 C.F.R. 52.21 (b )(51) related to the definition of reviewing authority, "administrator"
means the EPA administrator.

(ii) Each reference in 40 C.F.R. 52.21(i) to "paragraphs (j) through (r) of this section" is amended to state "paragraphs (j) through (p) (1)

- (4) of this section, paragraph (r) of this section,
WAC 173

- 400

- 720, and 173

- 400

- 730."

(iii) The following paragraphs replace the designated paragraphs of 40 C.F.R. 52.21:

(A) In 40 C.F.R. 52.21 (b)(1)(i)(a) and (b)(1)(iii)(h), the size threshold for m unicipal waste incinerators is changed to 50 tons of refuse per day.

(B) 40 C.F.R. 52.21 (b)(23)(i) After the entry for municipal solid waste landfills emissions, add Ozone Depleting Substances: 100 tpy.

(C) 40 C.F.R. 52.21(c) after the effective date of EPA's incorporation of this section into the Washington state implementation plan, the concentrations listed in WAC 173

- 400

- 116(2) are excluded when determining increment consumption.

(D) 40 C.F.R. 52.21 (r)(6)

"The provisions of this pa ragraph (r)(6) apply with respect to any regulated NSR pollutant from projects at an existing emissions unit at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility that a project t hat is not a part of a major modification may result in a significant emissions increase of such pollutant and the owner or operator elects to use the method specified in paragraphs 40 C.F.R. 52.21 (b)(41)(ii)(a) through (c) for calculating projected actua l emissions.

(i) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

(a) A description of the project;

(b) Identification of the emissions unit(s) whose emissions o f a regulated NSR pollutant could be affected by the project; and

(c) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the proj ected actual emissions, the amount of emissions excluded under paragraph 40 C.F.R. 52.21 (b)(41)(ii)(c) and an explanation for why such amount was excluded, and any netting calculations, if applicable.

(ii) The owner or operator shall submit a copy of the information set out in paragraph 40 C.F.R. 52.21 (r)(6)(i) to the permitting authority before beginning actual construction. This information may be submitted in conjunction with any NOC application required under the provisions of

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– page 84WAC 173

- 400

- 110. Nothin g in this paragraph (r)(6)(ii) shall be construed to require the owner or operator of such a unit to obtain any PSD determination from the permitting authority before beginning actual construction.

(iii) The owner or operator shall monitor the emissions o f any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in paragraph 40 C.F.R. 52.21 (r)(6)(i)(b); and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity of or potential t o emit that regulated NSR pollutant at such emissions unit.

(iv) The owner or operator shall submit a report to the permitting authority within 60 days after the end of each year during which records must be generated under paragraph 40 C.F.R. 52.21 (r)(6 )(iii) setting out the unit's annual emissions during the calendar year that preceded submission of the report.

(v) The owner or operator shall submit a report to the permitting authority if the annual emissions, in tons per year, from the project identif ied in paragraph 40 C.F.R. 52.21 (r)(6)(i), exceed the baseline actual emissions (as documented and maintained pursuant to paragraph 40 C.F.R. 52.21 (r)(6)(i)(c)), by a significant amount (as defined in paragraph 40 C.F.R. 52.21 (b)(23)) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph 40 C.F.R. 52.21 (r)(6)(i)(c). Such report shall be submitted to the permitting authority within 60 days after the end of suc h year. The report shall contain the following:

(a) The name, address and telephone number of the major stationary source;

(b) The annual emissions as calculated pursuant to paragraph (r)(6)(iii) of this section; and

(c) Any other information that the o wner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).

(vi) A "reasonable possibility" under this subsection occurs when the owner or operator calculates the project to r esult in either:

(a) A projected actual emissions increase of at least fifty percent of the amount that is a "significant emissions increase," (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or
(b) A projected actual emissions increase that, added to the amount of emissions excluded under the definition of projected actual emissions sums to at least fifty percent of the amount that is a "significant emissions increase," (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable

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– page 85possibility occurs only within the meaning of (r)(6)(vi)(b) of this subsection, and not also within the meaning of (r)(6)(vi)(a ) of this subsection, then the provisions of (r)(6)(vi)(ii) through (v) of this subsection do not apply to the project."

(E) 40 C.F.R. 52.21 (r)(7) "The owner or operator of the source shall submit the information required to be documented and mainta ined pursuant to paragraphs 40 C.F.R. 52.21 (r)(6)(iv) and (v) annually within 60 days after the anniversary date of the original analysis. The original analysis and annual reviews shall also be available for review upon a request for inspection by the per mitting authority or the general public pursuant to the requirements contained in 40 C.F.R. 70.4 (b)(3)(viii)."

(F) 40 C.F.R. 52.21 (aa)(2)(ix) "PAL permit means the PSD permit, an ecology issued order of approval issued under WAC 173

- 400

- 110, or regu latory order issued under WAC 173

- 400

- 091 issued by ecology that establishes a PAL for a major stationary source."

(G) 40 C.F.R. 52.21 (aa)(5) "Public participation requirements for PALs. PALs for existing major stationary sources shall be established , renewed, or expired through the public participation process in WAC 173

- 400

- 171. A request to increase a PAL shall be processed in accordance with the application processing and public participation process in WAC 173

- 400

- 730 and 173

- 400

- 740."

(H) 4 0 C.F.R. 52.21 (aa)(9)(i)(b) "Ecology, after consultation with the permitting authority,
shall decide whether and how the PAL allowable emissions will be distributed and issue a revised order, order of approval or PSD permit incorporating allowable limits for each emissions unit, or each group of emissions units, as ecology determines is appropriate."

(I) 40 C.F.R. 52.21 (aa)(14) "Reporting and notification requirements. The owner or operator shall submit semiannual monitoring reports and prompt deviat ion reports to the permitting authority in accordance with the requirements in chapter 173

- 401 WAC. The reports shall meet the requirements in paragraphs 40 C.F.R. 52.21 (aa)(14)(i) through (iii)."

(J) 40 C.F.R. 52.21 (aa)(14)(ii) "Deviation report. T he major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to WAC 173

- 401

- 615 (3)(b) and within the tim e limits prescribed shall satisfy this reporting requirement. The reports shall contain the information found at WAC 173

- 401

- 615(3)."

(iv) 40 C.F.R. 52.21 (r)(2) is not adopted by reference.

State effective : 12/29/ 1 2 ; EPA effective: 5/29/15

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– page 86173

- 400

- 730 Prevention of S ignificant Deterioration Application Processing P rocedures.

(1) Application submittal.

(a) The applicant shall submit an application that provides complete information necessary for ecology to determine compliance with all PSD program requirements.

(b) The applicant shall submit complete copies of its PSD application or an applicat ion to increase a PAL, distributed in the following manner:

(i) Three copies to ecology: Air Quality Program, P.O. Box 47600, Olympia, WA 98504

- 7600.

(ii) One copy to each of the following federal land managers:

(A) U.S. Department of the In terior

- National Park Service; and

(B) U.S. Department of Agriculture

- U.S. Forest Service.

(iii) One copy to the permitting authority with authority over the source under chapter 173

- 401 WAC.

(iv) One copy to EPA.

(c) Application sub mittal and processing for the initial request, renewal or expiration of a PAL under 40 C.F.R. 52.21(aa) shall be done as provided in 40 C.F.R. 52.21(aa)(3)

- (5), which is adopted by reference in WAC 173

- 400

- 720 (4)(a)(iv), except public participation must comply
with WAC 173

- 400

- 740.

(2) Application processing.

(a) Completeness determination.

(i) Within thirty days after receiving a PSD permit application, ecology 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. Ecology may request additional information clarifying aspects of the application after it has been determined to be complete.

(ii) The effective da te of the application is the date on which ecology notifies the applicant that the application is complete pursuant to (a)(i) of this subsection.

(iii) If an applicant fails or refuses to correct deficiencies in the application, the permit may be
deni ed and appropriate enforcement action taken.

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– page 87(iv) The permitting authority shall send a copy of the completeness determination to the responsible federal land manager.

(b) Preparation and issuance of the preliminary determination.

(i) When t he application has been determined to be complete, ecology shall begin developing the preliminary determination to approve or deny the application.

(ii) As expeditiously as possible after receipt of a complete application, ecology shall provide the ap plicant with a preliminary determination along with a technical support document and a public notice.

(c) Issuance of the final determination.

(i) Ecology shall make no final decision until the public comment period has ended and all

comments rec eived during the public comment period have been considered.

(ii) Within one year of the date of receipt of the complete application and as expeditiously as possible after the close of the public comment period, or hearing if one is held, ecology shal l prepare and issue the final determination.

(d) Once the PSD program set forth in WAC 173

- 400

- 700 through 173

- 400

- 750 is incorporated into the Washington SIP, the effective date of a determination will be either the date of issuance of the final determination, or a later date if specified in th e final determination.

Until the PSD program set forth in WAC 173

- 400

- 700 through 173

- 400

- 750 is incorporated into the Washington SIP, the effective date of a final determination is one of the following dates:

(i) If no comments on the preliminar y determination were received, the date of issuance; or

(ii) If comments were received, thirty days after receipt of the final determination; or

(iii) A later date as specified within the PSD permit approval.

(3) PSD technical support docume nt. Ecology shall develop a technical support document for each preliminary PSD determination. The preliminary technical support document will be updated prior to issuance of the final determination to reflect changes to the final determination
based on co mments received. The technical support document shall include the following
information:

(a) A brief description of the major stationary source, major modification, or activity subject to review;

(b) The physical location, ownership, products and processes involved in the major stationary source or major modification subject to review;

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– page 88(c) The type and quantity of pollutants proposed to be emitted into the air;

(d) A brief summary of the BACT options considered and the reasons why the se lected BACT level of control was selected;

(e) A brief summary of the basis for the permit approval conditions;

(f) A statement on whether the emissions will or will not cause a state and national ambient air quality standard to be exceeded;

(g) The degree of increment consumption expected to result from the source or modification;

(h) An analysis of the impacts on air quality related values in federal Class I areas and other Class I areas affected by the project; and

(i) An analysi s of the impacts of the proposed emissions on visibility in any federal Class I area following the requirements in WAC 173

- 400

- 117.

(4) Appeals. A PSD permit, any conditions contained in a PSD permit, or the denial of PSD permit may be appealed to the pollution control hearings board as provided in chapter 43.21B RCW. A PSD permit issued under the terms of a delegation agreement can be appealed to the EPA's environmental appeals board as provided in 40 C.F.R. 124.13 and 40 C.F.R. 124.19.

(5) Const ruction time limitations.

(a) Approval to construct or modify a major stationary source becomes invalid if construction is not commenced within eighteen months of the effective date of the approval, if construction is discontinued for a period of eigh teen months or more, or if construction is not completed within a reasonable time. The time period between construction of the approved phases of a phased construction project cannot be extended. Each phase must commence construction within eighteen months of the projected and approved commencement date.

(b) Ecology may extend the eighteen

- month effective period of a PSD permit upon a satisfactory showing that an extension is justified. A request to extend the effective time to begin or complete actual construction under a PSD permit may be submitted. The request may result
from the cessation of on

- site construction before completion or failure to begin actual construction of the project(s) covered by the PSD permit.

(i) Request requirements.

(A) A written request for the extension, submitted by the PSD permit holder, as soon as possible prior to the expiration of the current PSD permit.

(B) An evaluation of BACT and an updated ambient impact, including an increment analysis, for all pollu tants subject to the approval conditions in the PSD permit.

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– page 89(ii) Duration of extensions.

(A) No single extension of time shall be longer than eighteen months.

(B) The cumulative time prior to beginning actual construction under the original PSD permit and all approved time extensions shall not exceed fifty

- four months.

(iii) Issuance of an extension.

(A) Ecology may approve and issue an extension of the current PSD permit.

(B) The extension of approval shall reflect any revised BACT limitations based on the evaluation of BACT presented in the request for extension and other information available to ecology.

(C) The issuance of an extension is subject to the public involvement requirements in WAC
173

- 400

- 740.

(iv) For the extension of a PSD permit, ecology must prepare a technical support document
consistent with WAC 173

- 400

- 730(3) only to the extent that those criteria apply to a request to
extend the construction time limitation.

State effective : 12/29/ 1 2 ; EPA effec tive: 5/29/15

173

- 400

- 740 PSD Permitting Public Involvement R equirements.

(1) Actions requiring notification of the public. Ecology must provide public notice before approving or denying any of the following types of actions related to implementation of the PSD program contained in WAC 173

- 400

- 720:

(a) Any preliminary determination to approve or disapprove a PSD permit application; or

(b) An extension of the time to begin construction or suspend construction under a PSD permit; or

(c) A revision to a PSD permit, except an administrative amendment to an existing permit; or

(d) Use of a modified or substituted model in Appendix W of 40 C.F.R. Part 51 (as in effect on May 1, 2012) as part of review of air quality impacts.

(2) Notif ication of the public. As expeditiously as possible after the receipt of a complete PSD application, and as expeditiously as possible after receipt of a request for extension of the

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– page 90construction time limit under WAC 173

- 400

- 730(6) or after receipt of a non administrative revision to a PSD permit under WAC 173

- 400

- 750, ecology shall:

(a) Make available for public inspection in at least one location in the vicinity where the proposed source would be constructed, or for revisions to a PSD permit where the permittee exists, a copy of the information submitted by the applicant, and any applicable preliminary determinations, including analyses of the effects on air quality and air quality related values, considered in making the preliminary determination. Exem ptions from this requirement include information protected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205 and chapter 173

- 03 WAC.

(b) Notify the public by:

(i) Causing to be published, in a newspaper of gen eral circulation in the area of the proposed project, the public notice prepared in accordance with WAC 173

- 400

- 730(4). The date the public notice is published in the newspaper starts the required thirty

- day comment period.

(ii) If ecology grants a re quest to extend the public comment period, the extension notice must also be published in a newspaper as noted above and a copy of the extension notice sent to the organizations and individuals listed in (c) and (d) of this subsection. The closing date of the extended comment period shall be as defined in the public comment period extension
notification.

(iii) If a hearing is held, the public comment period must extend through the hearing date.

(iv) The applicant or other initiator of the action m ust pay the cost of providing public notice.

(c) Send a copy of the public notice to:

(i) Any Indian governing body whose lands may be affected by emissions from the project;

(ii) The chief executive of the city where the project is located;

(iii) The chief executive of the county where the project is located;

(iv) Individuals or organizations that requested notification of the specific project proposal;

(v) Other individuals who requested notification of PSD permits;

(vi) Any state within 100 km of the proposed project.

(d) Send a copy of the public notice, PSD preliminary determination, and the technical support document to:

(i) The applicant;

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– page 91(ii) The affected federal land manager;

(iii) EPA Region 10;

(iv) The permitting authority with authority over the source under chapter 173

- 401 WAC;

(v) Individuals or organizations who request a copy; and

(vi) The location for public inspection of material required under (a ) of this subsection.

(3) Public notice content. The public notice shall contain at least the following information:

(a) The name and address of the applicant;

(b) The location of the proposed project;

(c) A brief description of the pro ject proposal;

(d) The preliminary determination to approve or disapprove the application;

(e) How much increment is expected to be consumed by this project;

(f) The name, address, and telephone number of the person to contact for further in formation;

(g) A brief explanation of how to comment on the project;

(h) An explanation on how to request a public hearing;

(i) The location of the documents made available for public inspection;

(j) There is a thirty

- day period from t he date of publication of the notice for submitting written comment to ecology;

(k) A statement that a public hearing may be held if ecology determines within a thirty

- day period that significant public interest exists;

(l) The length of the publ ic comment period in the event of a public hearing;

(m) For projects subject to special protection requirements for federal Class I areas, in WAC
173

- 400

- 117, and where ecology disagrees with the analysis done by the federal land manager, ecology shal l explain its decision in the public notice or state that an explanation of the decision appears in the technical support document for the proposed approval or denial.

(4) Public hearings.

(a) The applicant, any interested governmental entity, an y group, or any person may request a public hearing within the thirty

- day public comment period. A request must indicate the interest of the entity filing it and why a hearing is warranted. Whether a request for a hearing is filed or

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 92not, ecology may hold a public hearing if it determines significant public interest exists. Ecology will determine the location, date, and time of the public hearing.

(b) Notification of a public hearing will be accomplished per the requirements of WAC 173

- 400

- 740(2).

(c) The public must be notified at least thirty days prior to the date of the hearing (or first of a series of hearings).

(5) Consideration of public comments. Ecology shall make no final decision on any application or action of any type described in subsection (1) of this section until the public comment period has ended and any comments received during the public comment period have been considered. Ecology shall make all public comments available for public inspection at the
same locations where th e preconstruction information on the proposed major source or major
modification was made available.

(6) Issuance of a final determination.

(a) The final approval or disapproval determination must be made within one year of receipt of a complete application and must include the following:

(i) A copy of the final PSD permit or the determination to deny the permit;

(ii) A summary of the comments received;

(iii) Ecology's response to those comments;

(iv) A description of what approval conditions changed from the preliminary determination;
and

(v) A cover letter that includes an explanation of how the final determination may be appealed.

(b) Ecology shall mail a copy of the cover letter that accomp anies the final determination to:

(i) Individuals or organizations that requested notification of the specific project proposal;

(ii) Other individuals who requested notification of PSD permits.

(c) A copy of the final determination shall be sent to:

(i) The applicant;

(ii) U.S. Department of the Interior

- National Park Service;

(iii) U.S. Department of Agriculture

- Forest Service;

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– page 93(iv) EPA Region 10;

(v) The permitting authority with authority over the source under chapter 173

- 401 WAC;

(vi) Any person who commented on the preliminary determination; and

(vii) The location for public inspection of material required under subsection (2)(a) of this
section.

State effective : 12/29/ 1 2 ; EPA effective: 5/29/15

173

- 400

- 750 Revisions to PSD P ermits.

(1) The owner or operator may request, at any time, a change in conditions of a PSD permit and ecology may approve the request provided ecology finds that:

(a) The change in conditions will not cause the source t o exceed an emissions standard established by regulation;

(b) No ambient air quality standard or PSD increment will be exceeded as a result of the change;

(c) The change will not adversely impact the ability of ecology or the authority to determi ne compliance with an emissions standard;

(d) The revised PSD permit will continue to require BACT for each new or modified emission unit approved by the original PSD permit; and

(e) The revised PSD permit continues to meet the requirements of WA C 173

- 400

- 800 through
173

- 400

- 860, and 173

- 400

- 113, as applicable.

(2) A request to revise a PSD permit must be acted upon using the timelines found in WAC
173

- 400

- 730. The fee schedule found in chapter 173

- 455 WAC also applies.

(3) All revisions to PSD permits are subject to public involvement except for the following
administrative revisions:

(a) Change of the owner or operator's business name and/or mailing address;

(b) Corrections to typographical errors;

(c) Revisions to compliance monitoring methods that provide for more frequent monitoring, replace a periodic monitoring requirement with a continuous monitoring, result in replacement of a manual emission testing method with an instrumental method, or other similar changes that

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– page 94based on ecology's technical evaluation of the proposal, do not reduce the ability of the permittee, the public, the permitting authority, EPA, or ecology to determine compliance with the emission limitations;

(d) Revisions to reporting requirements contained in a PSD permit to coordinate reporting with reporting requirements contained in the air operating permit issued to the source or that result in more frequent reporting by the permittee; or

(e) Any other revision, similar to those listed above, that based on ecology's technical evaluation of the proposal, does not reduce the stringency of the emission limitations in the PSD permit or the ability of ecology, the permitting authority, EPA, or the public to determine

c ompliance with the approval conditions in the PSD permit.

State effective : 12/29/ 1 2 ; EPA effective: 5/29/15

173

- 400

- 800 Major stationary source and major modification in a nonattainment area.

WAC 173

- 400

- 800 through173

- 400

- 860 apply statewide except where a permitting authority has a permitting program for major stationary sources in a nonattainment area incorporated into the Washington state implementation plan as replacement for these sections.

These requirements apply to any new major stationa ry source or major modification of an existing major stationary source located in a designated nonattainment area that is major for the pollutant or pollutants for which the area is designated as not in attainment of one or more national ambient air qualit y standards.

State effective : 4/1/ 1 1 ; EPA effective: 12/8/14

173

- 400

- 810 Major stationary source and major modification definitions.

The definitions in this section must be used in the major stationary source nonattainment area permitting requirements in WAC 173

- 400

- 800 through173

- 400

- 860 . If a term is defined differently in the federal program requirements for issuance, renewal and e xpiration of a Plant Wide Applicability Limit which are adopted by reference in WAC 173

- 400

- 850, then that definition is to be used for purposes of the Plant Wide Applicability Limit program.

(1) Actual emissions means:

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– page 95(a) The actual rate of emi ssions of a regulated NSR pollutant from an emissions unit, as determined in accordance with (b) through (d) of this subsection. This definition does not apply when calculating whether a significant emissions increase has occurred, or for establishing a
PA L under WAC 173

- 400

- 850. Instead, "projected actual emissions" and "baseline actual emissions" as defined in subsections (2) and (23) of this section apply for those purposes.

(b) In general, actual emissions as of a particular date shall equal the av erage rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive twenty

- four

- month period which precedes the particular date and which is representative of normal source operation. The permitting authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or

com busted during the selected time period.

(c) The permitting authority may presume that source

- specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(d) For any emissions unit that has not begun normal opera tions on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

(2) Baseline actual emissions means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with (a) through (d) of this subsection.

(a) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive twenty

- four

- month period selected by the owner or operator within the five

- year period immediately preceding when the owner or operator begins actual construction of the project. The permitting authority shall allow the use of a different time period upon a
determination th at it is more representative of normal source operation.

(i) The average rate shall include emissions associated with startups, shutdowns, and malfunctions; and, for an emissions unit that is part of one of the source categories listed in
subsection (14)(e) of this section, the definition of major stationary source, or for an emissions unit that is located at a major stationary source that belongs to one of the listed source categories, the average rate shall include fugitive emissions (to the extent quantifiable).

(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive twenty

- four

- month peri od.

(iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty

- four

- month period must be used to determine the baseline actual

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– page 96emissions for the emissions units being changed. A different consecu tive twenty

- four

- month period can be used for each regulated NSR pollutant.

(iv) The average rate shall not be based on any consecutive twenty

- four

- month period for which there is inadequate information for determining annual emissions, in tons per ye ar, and for adjusting this amount if required by (a)(ii) of this subsection.

(b) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the em issions unit actually emitted the pollutant during any consecutive twenty

- four

- month period selected by the owner or operator within the ten

- year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the permitting authority for a permit required either under WAC 173

- 400

- 800 through173

- 400

- 860 or under a plan approved by the administrator, whichever is earlier, except
that the ten

- year period sha ll not include any period earlier than November 15, 1990.

(i) The average rate shall include emissions associated with startups, shutdowns, and malfunctions; and, for an emissions unit that is part of one of the source categories listed in
subsection (14)(e) of this section, the definition of major stationary source, or for an emissions unit that is located at a major stationary source that belongs to one of the listed source categories, the average rate shall include fugitive emissions (to the extent quantifiable).

(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty

- four

- month perio d.

(iii) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with s uch limitations during the consecutive twenty

- four

- month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 C.F.R. Part 63, the baseline actual emis sions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan as part of the demonstration of attainment or as reasonable further progress to attain the NAAQS.

(iv) For a reg ulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty

- four

- month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty

- four

- month p eriod can be used for each regulated NSR pollutant.

(v) The average rate shall not be based on any consecutive twenty

- four

- month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting thi s amount if required under (b)(ii) and (iii) of this subsection.

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– page 97(c) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit s hall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. In the latter case, fugitive emissions, to the extent quantifiable, shall be included only if the emissions unit is part of one of the source categories list ed in subsection (14)(e) of this section, the definition of major stationary source, or if the emissions unit is located at a major stationary source that belongs to one of the listed source categories.

(d) For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in (a) of this subsection, for other existing emissions units in accordance with the procedures contained in (b) of this subsection, and for a new emissions unit in accordance with the procedures contained in (c) of this subsection, except that fugitive emissions (to the extent quantifiable) shall be included regardless of the source category.

(3) Building, str ucture, facility, or installation means all of the pollutant

- emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under comm on control) except the activities of any vessel. Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same two

digit code) as described in the Standard Indust rial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101

- 0065 and 003

- 005

- 00176

- 0, respectively).

(4) Clean coal technology means any technology, including technologies applied at the

pre combustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.

(5) Clean coal technology demonstration project means a project using funds appropriated under the heading "Department of Energy

- Clean Coal Technology," up to a total amount of two
and one

- half billion dollars for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The federal contribution for a qualifying project shall be at least twenty perce nt of the total cost of the demonstration project.

(6) Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would
result in a change in emissions.

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– page 98(7) Continuous emissions monitoring system (CEMS) means all of the equipment that may be required to meet the data acquisition and availability requirements of this section, to sample, condition (if applicable), analyze, and prov ide a record of emissions on a continuous basis.

(8) Continuous parameter monitoring system (CPMS) means all of the equipment necessary to meet the data acquisition and availability requirements of this section, to monitor process and
control device o perational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.

(9) Continuous emissions rate monitoring system (CERMS) means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

(10) Electric utility steam generating unit means any steam electric generating unit that is constructed for the purpose of supplying more than one

- third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a s team distribution system for the purpose of providing steam to a steam

electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

(11) Emissions un it means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric steam generating unit. For purposes of this section, there are two types of emissions units:

(a) A new emissio ns unit is any emissions unit which is (or will be) newly constructed and which has existed for less than two years from the date such emissions unit first operated.

(b) An existing emissions unit is any emissions unit that is not a new emissions unit . A replacement unit, as defined in subsection (25) of this section is an existing emissions unit.

(12) Fugitive emissions means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. F ugitive emissions, to the extent quantifiable, are addressed as follows for the purposes of this section:

(a) In determining whether a stationary source or modification is major, fugitive emissions from an emissions unit are included only if the emiss ions unit is part of one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, or the emissions unit is located at a stationary source that belongs to one of those source categories. Fugitive emis sions are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source and that are not, by th emselves, part of a listed source category.

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– page 99(b) For purposes of determining the net emissions increase associated with a project, an increase or decrease in fugitive emissions is creditable only if it occurs at an emissions unit that is part of one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, or if the emission unit is located at a major stationary source that belongs to one of the listed source categories. Fugitive emission increases or decreases are not creditable for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, and that are not, by themselves, part of a listed source category.

(c) For purposes of determining the projected actual emissions of an emissions unit after a project, fugitive emissions are included only if the emissions unit is part of one of the source categor ies listed in subsection (14)(e) of this section, the definition of major stationary source, or if the emission unit is located at a major stationary source that belongs to one of the listed source categories. Fugitive emissions are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, and that are not, by themselves, part of a listed sourc e category.

(d) For purposes of determining the baseline actual emissions of an emissions unit, fugitive emissions are included only if the emissions unit is part of one of the source categories listed in subsection (14)(e) of this section, the defini tion of major stationary source, or if the emission unit is located at a major stationary source that belongs to one of the listed source categories, except that, for a PAL, fugitive emissions shall be included regardless of the source category. With the

e xception of PALs, fugitive emissions are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, and that are not, by themselves, part of a listed source category.

(e) In calculating whether a project will cause a significant emissions increase, fugitive emissions are included only for those emissions units that are part of one of the so urce categories listed in subsection (14)(e) of this section, the definition of major stationary source, or for any emissions units that are located at a major stationary source that belongs to one of the listed source categories. Fugitive emissions are no t included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, and that are not, by themselves, p art of a listed source category.

(f) For purposes of monitoring and reporting emissions from a project after normal operations have been resumed, fugitive emissions are included only for those emissions units that are part of one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, or for any emissions units that are located at a major stationary source that belongs to one of the listed source categories. Fugitive emissions are not included for those

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– page 100emissions units located at a facility whose primary activity is not represented by one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, and that are not, by themselves, part of a listed source category.

(g) For all other purposes of this section, fugitive emissions are treated in the same manner as other, nonfugitive emissions. This includes, but is not limited to, the treatment of fugitive emissions for offsets (see WAC 173

- 400

- 840(7)) and for PALs (see WAC 173

- 400

- 850).

(13) Lowest achievable emission rate (LAER) means, for any source, the more stringent rate of emissions based on the following:

(a) The most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or

(b) The most stringent emissions limitation which is achieved in practice by such cla ss or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application of the term permit a pro posed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.

(14)(a) Major stationary source means any stationary source of air pollutants that emits, or has
th e potential to emit, one hundred tons per year or more of any regulated NSR pollutant, except that lower emissions thresholds apply in areas subject to sections 181

- 185B, sections 186 and 187, or sections 188

- 190 of the Federal Clean Air Act. In those area s the following thresholds apply:

(i) Fifty tons per year of volatile organic compounds in any serious ozone nonattainment area;

(ii) Fifty tons per year of volatile organic compounds in an area within an ozone transport region, except for any se vere or extreme ozone nonattainment area;

(iii) Twenty

- five tons per year of volatile organic compounds in any severe ozone nonattainment area;

(iv) Ten tons per year of volatile organic compounds in any extreme ozone nonattainment

area;

(v) Fifty tons per year of carbon monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area (as determined under rules issued by the administrator);

(vi) Sevent y tons per year of PM

- 10 in any serious nonattainment area for PM

- 10.

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– page 101(b) For the purposes of applying the requirements of WAC 173

- 400

- 830 to stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, any stationary source which emits, or has the potential to emit, one hundred tons per year or more of nitrogen oxides emissions, except that the emission thresholds in (b)(i) through (vi) of this subsection shall apply in areas subject to sections 181

- 185 B of the Federal Clean Air Act.

(i) One hundred tons per year or more of nitrogen oxides in any ozone nonattainment area classified as marginal or moderate.

(ii) One hundred tons per year or more of nitrogen oxides in any ozone nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region.

(iii) One hundred tons per year or more of nitrogen oxides in any area designated under section 107(d) of the Federal Cl ean Air Act as attainment or unclassifiable for ozone that is located in an ozone transport region.

(iv) Fifty tons per year or more of nitrogen oxides in any serious nonattainment area for

ozone.
(v) Twenty

- five tons per year or more of nitrogen oxides in any severe nonattainment area for

ozone.
(vi) Ten tons per year or more of nitrogen oxides in any extreme nonattainment area for

ozone.
(c) Any physical change that would occur at a stationary source not qualifying under (a) and (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 volatile organic compounds shall be considered major for ozone.

(e) The fugitive em issions of a stationary source shall not be included in determining for any of the purposes of subsection (14) of this section whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

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

(ii) Kraft pulp mills;

(iii) Portland cement plants;

(iv) Primary zinc smelters;

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– page 102(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelt ers;
(viii) Municipal incinerators capable of charging more than 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

- The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;

(xxi) Fossil

- fuel boilers (or combina tion thereof) totaling more than two hundred fifty million British thermal units per hour heat input;

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

(xxiii) Taconite ore process ing 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

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 103(xxvii) Any other s tationary source category which, as of August 7, 1980, is being regulated
under section 111 or 112 of the act.

(15)(a) Major modification means any physical change in or change in the method of operation of a major stationary source that would result in:

(i) A significant emissions increase of a regulated NSR pollutant; and

(ii) A significant net emissions increase of that pollutant from the major stationary source.

(b) Any significant emissions increase from any emissions units or net e missions increase at a major stationary source that is significant for volatile organic compounds shall be considered significant for ozone.

(c) A physical change or change in the method of operation shall not include:

(i) Routine maintenance, re pair and replacement;

(ii) 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 Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas cur tailment plan pursuant to the Federal Power Act;

(iii) Use of an alternative fuel by reason of an order or rule section 125 of the Federal Clean Air Act;

(iv) Use of an alternative fuel at a steam generating unit to the extent that the fuel is ge nerated from municipal solid waste;

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

(A) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 12, 1976, pursuant to 40 C.F.R. 52.21 or under regulatio ns approved pursuant to 40 C.F.R. Part 51, Subpart I or section 51.166; or

(B) The source is approved to use under any permit issued under regulations approved by the administrator implementing 40 C.F.R. 51.165.

(vi) An increase in the hours of o peration or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976, pursuant to 40 C.F.R. 52.21 or regulations approved pursuant to 40 C.F.R. Part 51, Subpart I or 40 C.F.R. 51.166;

(vii) Any change in ownership at a stationary source;

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– page 10 4(viii) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(A) T he state implementation plan for the state in which the project is located; and

(B) Other requirements necessary to attain and maintain the National Ambient Air Quality Standard during the project and after it is terminated.

(d) This definition s hall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements for a PAL for that pollutant. Instead, the definitions in 40 C.F.R. Part 51, Appendix S adopted by reference in WAC 173

- 400

- 850 shall apply.

(e) For the purpose of applying the requirements of WAC 173

- 400

- 830 (1)(i) to modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions, whether or not subject to sections 181

- 185B, Part D, Title I of the Federal Clean Air Act, any significant net emissions increase of nitrogen oxides is considered significant
for ozone.

(f) Any physical change in, or change in the method of operation of, a major stationary source of volatile organic compounds that results in any increase in emissions of volatile organic compounds from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions inc rease and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to sections 181

- 185B, Part D, Title I of the Federal Clean Air Act.

(g) Fugitive emissions shall not be included in determining for any of the purposes of this section whether a physical change in or change in the method of operation of a major stationary source is a major modification, unless the source belongs to one of the source categories listed in subsection ( 14)(e) of this section, the definition of major stationary source.

(16) Necessary preconstruction approvals or permits means those permits or orders of approval required under federal air quality control laws and regulations or under air quality

contr ol laws and regulations which are part of the applicable state implementation plan.

(17)(a) Net emissions increase means with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exc eeds zero:

(i) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to WAC 173

- 400

- 820 (2) and (3); and

(ii) Any other increases and decreases in actual emi ssions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. In determining the net emissions increase, baseline actual emissions for calculating increases and decreases shall be

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– page 105determined as prov ided in the definition of baseline actual emissions, except that subsection (2)(a)(iii) and (b)(iv) of this section, in the definition of baseline actual emissions, shall not apply.

(b) An increase or decrease in actual emissions is contemporaneous wi th the increase from the particular change only if it occurs before the date that the increase from the particular change

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

(i) It occurred no more than one year prior t o the date of submittal of a complete notice of construction application for the particular change, or it has been documented by an emission reduction credit (ERC). Any emissions increases occurring between the date of issuance of the
ERC and the date when a particular change becomes operational shall be counted against the ERC; and

(ii) The permitting authority has not relied on it in issuing a permit for the source under regulations approved pursuant to 40 C.F.R. 51.165, which permit is in effect whe n the increase in actual emissions from the particular change occurs; and

(iii) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part of one of the source categories l isted in subsection (14)(e) of this section, the definition of major stationary source, or it occurs at an emissions unit that is located at a major stationary source that belongs to one of the listed source categories. Fugitive emission increases or decre ases are not creditable for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, and that are not, by themselves, part of a listed source category.

(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 only to the extent t hat:

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

(ii) It is enforceable as a practical matter at and after the time that actual construction on the

pa rticular change begins;

(iii) The permitting authority has not relied on it as part of an offsetting transaction under
WAC 173

- 400

- 113(4) or 173

- 400

- 830 or in issuing any permit under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I or th e state has not relied on it in demonstrating attainment or reasonable further progress;

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– page 106(iv) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

(f) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant.

(g) Any replacement unit that requires shakedown becomes opera tional only after a reasonable shakedown period, not to exceed one hundred eighty days.

(h) Subsection (1)(b) of this section, in the definition of actual emissions, shall not apply for determining creditable increases and decreases or after a change.

(18) Nonattainment major new source review (NSR) program means the major source preconstruction permit program that has been approved by the administrator and incorporated into the plan to implement the requirements of 40 C.F.R. 51.165, or a program that implements 40 C.F.R. Part 51 Appendix S, sections I through VI. Any permit issued under either program is a major NSR permit.

(19) Pollution prevention means any activity that through process changes, product reformulation or redesign, or substit ution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than
certain "in

- process recycling" practices), energy recovery, treatment, or disposal.

(20) Predictive emissions monitoring system (PEMS) means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on
a continuous basis.

(21) Prevention of significant deterio ration (PSD) permit means any permit that is issued under the major source preconstruction permit program that has been approved by the administrator and incorporated into the plan to implement the requirements of 40 C.F.R. 51.166, or under the program in 40 C.F.R. 52.21.

(22) Project means a physical change in, or change in the method of operation of, an existing major stationary source.

(23)(a) Projected actual emissions means the maximum annual rate, in tons per year, at which an existing emiss ions unit is projected to emit a regulated NSR pollutant in any one of the five years (twelve

- month period) following the date the unit resumes regular operation after the project, or in any one of the ten years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full

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– page 107utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary sour ce.
(b) In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source:

(i) Shall consider all relevant information including, but not limited to, historical operational
da ta, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan ; and

(ii) Shall include emissions associated with startups, shutdowns, and malfunctions; and, for an emissions unit that is part of one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, or for an emissions unit that is located at a major stationary source that belongs to one of the listed source categories, shall include fugitive emissions (to the extent quantifiable); and

(iii) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive twenty

- four

- month period used to establish the baseline
actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or

(iv) In lieu of using the method set out in (b)(i) through (iii) of this subsection, the owner or operator may elect to use the emissions u nit's potential to emit, in tons per year. For this purpose, if the emissions unit is part of one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source or if the emissions unit is located at a majo r stationary source that belongs to one of the listed source categories, the unit's potential to emit shall include fugitive emissions (to the extent quantifiable).

(24)(a) Regulated NSR pollutant, means the following:

(i) Nitrogen oxides or any volatile organic compounds;

(ii) Any pollutant for which a National Ambient Air Quality Standard has been promulgated;

(iii) Any pollutant that is identified under this subsection as a constituent or precursor of a general pollutant listed in (a) (i) or (ii) of this subsection, provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. For purposes of NSR precursor pollutants are the following:

(A) Volatile organic comp ounds and nitrogen oxides are precursors to ozone in all ozone
nonattainment areas.

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– page 108(B) Sulfur dioxide is a precursor to PM

- 2.5 in all PM

- 2.5 nonattainment areas.

(C) Nitrogen oxides are precursors to PM

- 2.5 in all PM

- 2.5 nonattainment areas.

(b) PM

- 2.5 emissions and PM

- 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM

- 2.5 in nonattainment major NSR permits. Compliance with emissions limitations for PM

- 2.5 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations for PM

- 2.5 made prior to the effective date of WAC 173

- 400

- 800 through 173

- 400

- 850 made without accounting for condensable particulate ma tter shall not be considered in violation of WAC 173

- 400

- 800 through173

- 400

- 850 .

(25)(a) Replacement unit means an emissions unit for which all the criteria listed below are

met:

(i) The emissions unit is a reconstructed unit within the meaning of 40 C.F.R. 60.15 (b)(1), or the emissions unit completely takes the place of an existing emissions unit.

(ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

(iii) The replacement does not alter the basic design parameters of the process unit. Basic design parameters are:

(A) Except as provided in (a)(iii)(C) of this subsection, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design param eters either maximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality bas ed on British thermal units content must be used for determining the basic design parameter(s) for a coal

- fired electric utility steam generating unit.

(B) Except as provided in (a)(iii)(C) of this subsection, the basic design parameter(s) for any

pro cess unit that is not at a steam electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources hav ing multiple end products and raw materials, the owner or operator should consider the primary product or primary raw material of the process unit when selecting a basic design parameter.

(C) If the owner or operator believes the basic design paramete r(s) in (a)(iii)(A) and (B) of this subsection is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the reviewing authority an alternative basic design parameter(s) for the

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– page 109source's process unit(s). If th e reviewing authority approves of the use of an alternative basic design parameter(s), the reviewing authority will issue a new permit or modify an existing permit that is legally enforceable that records such basic design parameter(s) and requires the own er or operator to comply with such parameter(s).

(D) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter(s) specified in (a)(iii)(A) and (B) of this
subsection.

(E) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameter(s) usi ng the maximum value achieved by the process unit in the five

- year period immediately preceding the planned activity.

(F) Efficiency of a process unit is not a basic design parameter.

(iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back int o operation, it
shall constitute a new emissions unit.

(b) No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

(26) Reviewing authority means "permitting authority" as defined in W AC 173

- 400

- 030.

(27) Significant means:

(a) In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant Emi ssion Rate

Carbon monoxide 100 tons per year (tpy) Nitrogen oxides 40 tons per year Sulfur dioxide 40 tons per year Ozone 40 tons per year of volatile organic compounds or nitrogen oxides Lead 0.6 tons per year PM

- 10 15 tons per year PM

- 2.5 10 tons per year of direct PM

- 2.5 emissions; 40 tons per year of nitrogen oxide emissions; 40 tons per year of sulfur dioxide emissions

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 110(b) Notwithstanding the significant emissions rate for ozone, significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds that would result from any physical change in, or change in the method of operation of, a major stationary source locating in a serious or severe ozone nonattainment area that is subject to sections 181

- 185B, of the Federal Clean Air Act, if such emissions increase of volatile organic compounds exceeds twenty

- five tons per year.

(c) For the purposes of applying the requirem ents of WAC 173

- 400

- 830 (1)(i) to modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, the significant emission rates and other requirements for volatile organic compounds in ( a), (b), and (e) of this subsection, of the definition of significant, shall apply to nitrogen oxides emissions.

(d) Notwithstanding the significant emissions rate for carbon monoxide under (a) of this subsection, the definition of significant, signif icant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or change in the method of operation of, a major stationary
source in a serio us nonattainment area for carbon monoxide if such increase equals or exceeds fifty tons per year, provided the administrator has determined that stationary sources contribute significantly to carbon monoxide levels in that area.

(e) Notwithstanding th e significant emissions rates for ozone under (a) and (b) of this subsection, the definition of significant, any increase in actual emissions of volatile organic compounds from any emissions unit at a major stationary source of volatile organic compounds
l ocated in an extreme ozone nonattainment area that is subject to sections 181

- 185B of the Federal Clean Air Act shall be considered a significant net emissions increase.

(28) Significant emissions increase means, for a regulated NSR pollutant, an incr ease in emissions that is significant for that pollutant.

(29) Source and stationary source means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.

(30) Temporary clean coal technology demonstra tion project means a clean coal technology demonstration project that is operated for a period of five years or less, and which complies with the state implementation plan for the state in which the project is located and other requirements necessary to at tain and maintain the National Ambient Air Quality Standards during the project
and after it is terminated.

(31) Best available control technology (BACT) means an emissions limitation (including a visible emissions standard) based on the maximum degre e of reduction for each regulated NSR

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 111pollutant which would be emitted from any proposed major stationary source or major modification which the reviewing authority, on a case

- by

- case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable
standard under 40 C.F.R. Part 60 or 61. If the reviewing authority determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice , operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design,

eq uipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.

State effect ive: 3/22/91; EPA effective: 12 /

8/14

173

- 400

- 820 Determining if a new stationary source or modification to a stationary source is subject to these requirements.

(1) Any new major stationary source located anywhere in a nonattainment area designated under section 107 (d)(1)(A)(i) of the Federal Clean Air Act, tha t is major for the pollutant for which the area is designated nonattainment is subject to the permitting requirements of WAC
173

- 400

- 830 through 173

- 400

- 850. Any major modification of an existing major stationary source that is major for the pollutant for which the area is designated nonattainment and is located anywhere in a nonattainment area designated under section 107 (d)(1)(A)(i) of the Federal Clean Air Act, and that has a significant net emissions increase of the pollutant for which
the area is desi gnated nonattainment is subject to the permitting requirements of WAC 173

- 400

- 830 through173

- 400

- 850 . A modification to an existing major stationary source must use the following procedures to determine if the modification would result in a significant ne t emissions increase of the nonattainment pollutant.

(2) Except as otherwise provided in subsection (4) of this section, and consistent with the definition of major modification, a project is a major modification for a regulated NSR pollutant
if it ca uses two types of emissions increases

- A significant emissions increase, and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 112(3) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first ste p of the process) will occur depends upon the type of emissions units being modified, according to (a) through (c) of this subsection. For these calculations, fugitive emissions (to the extent quantifiable) are included only if the emissions unit is part o f one of the source categories listed in the definition of major stationary source contained
in WAC 173

- 400

- 810 (14)(e) or if the emissions unit is located at a major stationary source that belongs to one of the listed source categories. Fugitive emissions are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in the definition of major stationary source contained in WAC 173

- 400

- 810 (14)(e) and that are not, by themse lves, part of a listed source category. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the
d efinition of net emission increase. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net
emissions increase.

(a) Actual

- to

- projected

- actual applic ability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.

(b) Actual

- to

- potential test for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated NSR po llutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

(c) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in (a) and (b) of this subsection as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.

(4) Any major stationary source which has a PA L for a regulated NSR pollutant shall comply with requirements in WAC 173

- 400

- 850.

(5) The following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source ( other than projects at a source with a PAL) in circumstances where there is a reasonable possibility that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elect s to use the method specified in the definition of

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 113projected actual emissions contained in WAC 173

- 400

- 810 (23)(b)(i) through (iii) for calculating projected actual emissions.

(a) Before beginning actual construction of the project, the owner or opera tor shall document, and maintain a record of the following information:

(i) A description of the project;

(ii) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and

(iii) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under the defin ition of projected
actual emissions contained in WAC 173

- 400

- 810 (23)(b)(iii) and an explanation for why such amount was excluded, and any netting calculations, if applicable.

(b) Before beginning actual construction, the owner or operator shall provi de a copy of the information set out in (a) of this subsection to the permitting authority. This information may be submitted in conjunction with any NOC application required under the provisions of WAC 173

- 400

- 110. Nothing in this subsection shall be cons trued to require the owner or operator of such a unit to obtain any determination from the permitting authority before beginning actual
construction.

(c) The owner or operator shall monitor the emissions of any regulated NSR pollutant that
could incre ase as a result of the project and that is emitted by any emissions units identified in (a)(ii) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of ten years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

(d) The owner or operator shall submit a report to the permitting authority within sixty days after the end of each year during which records must be generated under (c) of this subsection setting out the unit's annual emissions, as monitored p ursuant to (c) of this subsection, during the year that preceded submission of the report.

(e) The owner or operator shall submit a report to the permitting authority if the annual emissions, in tons per year, from the project identified in (a) of thi s subsection, exceed the baseline actual emissions (as documented and maintained pursuant to (a)(iii) of this subsection), by a significant amount (as defined in the definition of significant) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 114maintained pursuant to (a)(iii) of this subsection. Such report shall be submitted to the permitting authority within sixty days after the end of such year. The report shall contain the following:

(i) The name, address and telephone number of the major stationary source;

(ii) The annual emissions as calculated pursuant to (d) of this subsection; and

(iii) Any other information that the owner or operator wishes to include in the report (e.g ., an explanation as to why the emissions differ from the preconstruction projection).

(f) A "reasonable possibility" under this subsection occurs when the owner or operator calculates the project to result in either:

(i) A projected actual emiss ions increase of at least fifty percent of the amount that is a "significant emissions increase," (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or

(ii) A projected actual emissions inc rease that, added to the amount of emissions excluded under the definition of projected actual emissions sums to at least fifty percent of the amount that is a "significant emissions increase," (without reference to the amount that is a significant net
emi ssions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of (f)(ii) of this subsection, and not also within the meaning of (f)(i) of this subsection, then (c) through (f) of this sub section does not apply to the project.

(6) For projects not required to submit the above information to the permitting authority as part of a notice of construction application, the owner or operator of the source shall make the information required t o be documented and maintained pursuant to subsection (5) of this section available for review upon a request for inspection by the permitting authority or the general public pursuant to the requirements contained in chapter 173

- 401 WAC.

St ate effective: 12/29/ 1 2; EPA effective: 12/8/14

173

- 400

- 830 Permitting requirements.

(1) The owner or operator of a proposed new major stationary source or a major modification of an existing major stationary source, as determined according to WAC 173

- 400

- 820, is authorized to construct and operate the proposed project provided the following requirements are met:

(a) The proposed new major stationary source or a major modification of an existing major stationary source will not cause any ambient air quality st andard to be exceeded, will not violate the requirements for reasonable further progress established by the SIP and will comply with

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 115WAC 173

- 400

- 113 (3) and (4) for all air contaminants for which the area has not been designated nonattainment.

(b) The permitting authority has determined, based on review of an analysis performed by the owner or operator of a proposed new major stationary source or a major modification of an existing major stationary source of alternative sites, sizes, production process es, and environmental control techniques, that the benefits of the project significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

(c) The proposed new major stationary source or a major modification of an existing major stationary source will comply with all applicable new source performance standards, National Emission Standards for Hazardous Air Pollutants, National Emission Standards for Hazardous Air Pollutants for source catego ries, and emission standards adopted by ecology and the permitting authority.

(d) The proposed new major stationary source or a major modification of an existing major stationary source will employ BACT for all air contaminants and designated precurso rs to those air contaminants, except that it will achieve LAER for the air contaminants and designated precursors to those air contaminants for which the area has been designated nonattainment and for which the proposed new major stationary source is major or for which the existing source is major and the proposed modification is a major modification.

(e) Allowable emissions from the proposed new major stationary source or major modification of an existing major stationary source of that air contaminan t and designated precursors to those air contaminants are offset by reductions in actual emissions from existing sources in the nonattainment area. All offsetting emission reductions must satisfy the requirements in WAC 173

- 400

- 840.

(f) The owner or o perator of the proposed new major stationary source or major modification of an existing major stationary source has demonstrated that all major stationary sources owned or operated by such person (or by any entity controlling, controlled by, or under comm on control with such person) in Washington are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emission limitations and standards under the Federal Clean Air Act, including all rules in the SIP.

(g) If the proposed new source is also a major stationary source within the meaning of WAC
173

- 400

- 720, or the proposed modification is also a major modification within the meaning of
WAC 173

- 400

- 720, it meets the requirements of the PSD program under 40 C.F.R. 52.21 delegated to ecology by EPA Region 10, while such delegated program remains in effect. The proposed new major stationary source or major modification will comply with the PSD program
in WAC 173

- 400

- 700 through 173

- 400

- 750 for all air contam inants for which the area has not

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 116been designated nonattainment when that PSD program has been approved into the Washington
SIP.

(h) The proposed new major stationary source or the proposed major modification meets the special protection requirements for federal Class I areas in WAC 173

- 400

- 117.

(i) All requirements of this section applicable to major stationary sources and major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major stationary sources and major modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in an ozone nonattainment area or in portions of an ozone transport region where the administrator of the environmental protection agency has gra nted a NOX waiver applying the standards set forth under section 182(f) of the Federal Clean Air Act and the waiver continues to apply.

(j) The requirements of this section applicable to major stationary sources and major
modifications of PM

- 10 and PM

- 2.5 shall also apply to major stationary sources and major
modifications of PM

- 10 and PM

- 2.5 precursors, except where the administrator of the EPA determines that such sources do not contribute significantly to PM

- 10 levels that exceed the PM

10 ambient s tandards in the area.

(2) Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the state implementation plan and any other requirements under local, state or federal law.

(3) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of regulations approved pursuant to 40 C.F.R. 51.165, or the requirements of 40 C.F.R. Part 51, Appendix S, as applicable, shall apply to the sou rce or modification as though construction had not yet commenced on the source or modification. 40 C.F.R. Part 51, Appendix S shall not apply to a
new or modified source for which enforceable limitations are established after WAC 173

- 400

- 800 through 173

- 40 0

- 850 have been approved into Washington's SIP.

State effective: 12/29/ 1 2; EPA effective: 12 /

8

/

12

173

- 400

- 840 Emission offset requirements.

(1) The ratio of total actual emissions reductions to the emissions increase shall be 1.1:1 unless

an alternative ratio is provided for the applicable nonattainment area in subsection (2) through (4) of this section.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 117(2) In meeting the emissions offset requirements of WAC 173

- 400

- 830 for ozone nonattainment areas that are subject to sections 181

- 185B of the Federal Clean Air Act, the ratio
of total actual emissions reductions of VOC to the emissions increase of VOC shall be as
follows:

(a) In any marginal nonattainment area for ozone

- 1.1:1;

(b) In any moderate nonattainment area for ozone

- 1.15:1;

(c) In any serious nonattainment area for ozone

- 1.2:1;

(d) In any severe nonattainment area for ozone

- 1.3:1; and

(e) In any extreme nonattainment area for ozone

- 1.5:1.

(3) Notwithstanding the requirements of subsection (2) of this section for meeting the requirements of WAC 173

- 400

- 830, the ratio of total actual emissions reductions of VOC to the
emissions increase of VOC shall be 1.15:1 for all areas within an ozon e transport region that is subject to sections 181

- 185B of the Federal Clean Air Act, except for serious, severe, and extreme ozone nonattainment areas that are subject to sections 181

- 185B of the Federal Clean
Air Act.

(4) In meeting the emissions of fset requirements of this section for ozone nonattainment areas that are subject to sections 171

- 179b of the Federal Clean Air Act (but are not subject to sections
181

- 185B of the Federal Clean Air Act, including eight

- hour ozone nonattainment areas subjec t to 40 C.F.R. 51.902(b)), the ratio of total actual emissions reductions of VOC to the emissions
increase of VOC shall be 1.1:1.

(5) Emission offsets used to meet the requirements of WAC 173

- 400

- 830 (1)(e), must be for the same regulated NSR pollutan t.

(6) If the offsets are provided by another source, the reductions in emissions from that source must be federally enforceable by the time the order of approval for the new or modified source is
effective. An emission reduction credit issued under W AC 173

- 400

- 131 may be used to satisfy some or all of the offset requirements of this subsection.

(7) Emission offsets are required for the incremental increase in allowable emissions occurring during startup and shutdown operations at the new or modif ied emission units subject to nonattainment area major new source review. The incremental increase is the difference between the allowable emissions during normal operation and the allowable emissions for startup
and shutdown contained in the nonattainment new source review approval.

(8) Emission offsets including those described in an emission reduction credit issued under
WAC 173

- 400

- 131, must meet the following criteria:

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 118(a) The baseline for determining credit for emissions reductions is the em issions limit under the applicable state implementation plan in effect at the time the notice of construction application is determined to be complete, except that the offset baseline shall be the actual
emissions of the source from which offset credit is obtained where:

(i) The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within the designated nonattainment area; or

(ii) The applicable state impl ementation plan does not contain an emissions limitation for that source or source category.

(b) Other limitations on emission offsets.

(i) Where the emissions limit under the applicable state implementation plan allows greater
emissions than the potential to emit of the source, emissions offset credit will be allowed only for control below the potential to emit;

(ii) For an existing fuel combustion source, credit shall be based on the allowable emissions under the applicable state implementa tion plan for the type of fuel being burned at the time the notice of construction application is determined to be complete. If the existing source commits to switch to a cleaner fuel at some future date, an emissions offset credit based on the allowable ( or actual) emissions reduction resulting from the fuels change is not acceptable, unless the permit or other enforceable order is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions red uction should the source switch back to the higher emitting (dirtier) fuel at some later date. The permitting authority must ensure that adequate long

- term supplies of the new fuel are available before granting emissions offset credit for fuel switches;

(iii) Emission reductions.

(A) Emissions reductions achieved by shutting down an existing emission unit or curtailing production or operating hours may be generally credited for offsets if:

(I) Such reductions are surplus, permanent, quantifia ble, and federally enforceable; and

(II) The shutdown or curtailment occurred after the last day of the base year for the SIP planning process. For purposes of this subsection, the permitting authority may choose to consider a prior shutdown or curtai lment to have occurred after the last day of the base year if the projected emissions inventory used to develop the attainment demonstration explicitly includes the preshutdown or precurtailment emissions from the previously shutdown or curtailed emission units. However, in no event may credit be given for shutdowns that occurred before August 7,
1977.

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 119(B) Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requi rements in subsection (8)(b)(iii)(A) of this section may be generally credited only if:

(I) The shutdown or curtailment occurred on or after the date the construction permit application is filed; or

(II) The applicant can establish that the propo sed new emissions unit is a replacement for the shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown or curtailment met the requirements of (7)(b)(iii)(A)(I) of this section.

(iv) All emission reductions claimed as offset credit shall be federally enforceable;

(v) Emission reductions used for offsets may only be from any location within the designated nonattainment area. Except the permitting authority may allow use of emission reductions from
another area th at is nonattainment for the same pollutant, provided the following conditions are

met:

(A) The other area is designated as an equal or higher nonattainment status than the nonattainment area where the source proposing to use the reduction is located; and

(B) Emissions from the other nonattainment area contribute to violations of the standard in the nonattainment area where the source proposing to use the reduction is located.

(vi) Credit for an emissions reduction can be claimed to the extent that the reduction has not been relied on in issuing any permit under 40 C.F.R. 52.21 or regulations approved pursuant to 40 C.F.R. Part 51 Subpart I or the state has not relied on it in demonstration of attainment or reasonable further progress.

(vi i) The total tonnage of increased emissions, in tons per year, resulting from a major
modification that must be offset in accordance with Section 173 of the Federal Clean Air Act shall be determined by summing the difference between the allowable emissions after the
modification and the actual emissions before the modification for each emissions unit.

(9) No emissions credit may be allowed for replacing one hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Tab le 1 of EPA's "Recommended Policy on Control of Volatile Organic Compounds" (42 FR 35314, July 8, 1977). This document is also available from Mr. Ted Creekmore, Office of Air Quality Planning and Standards, (MD

- 15) Research Triangle Park, NC 27711.

St ate effective: 12/29/ 1 2; EPA effective: 12 /

8/14

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-- ADDITIONAL REGULATIONS APPROVED FOR WASHINGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION

– page 120173

- 400

- 850 Actual emissions plantwide applicability limitation (PAL).

The Actuals Plantwide Applicability limit program contained in Section IV.K of 40 C.F.R. Part 51, Appendix S, Emission Offset Ruling, as of May 1, 2012, is adopted by reference with the following exceptions:

(1) The term "reviewing authority" means "permitting authority" as defined in WAC 173

- 400

- 030.

(2) "PAL permit" means the major or minor new source review permit issued that e stablishes the PAL and those PAL terms as they are incorporated into an air operating permit issued pursuant to chapter 173

- 401 WAC.

(3) The reference to 40 C.F.R. 70.6 (a)(3)(iii)(B) in subsection IV.K.14 means WAC 173

- 401

- 615 (3)(b).

(4) No PAL permit can be issued under this provision until EPA adopts this section into the state implementation plan.

St ate effective: 12/29/ 1 2 ; EPA effective: 12 /

8

/

14

173

- 400

- 860 Public involvement procedures.

The public involvement procedures in WAC 173

- 400

- 171 shall be followed, including joint public notifications (integrated review) with any proposed notice of construction approval for the project. Any permit issued pursuant to WAC 173

- 400

- 830 or 173

- 400

- 850 must comply with
WAC 173

- 400

- 171

.

St ate effective: 4/1/ 1 1 ; EPA effective: 12 /

8

/

14

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– page 121