Table 7 -- Yakima Regional Clean Ai r Agency Regulations -- page -- 1 Table 7 -- Yakima Regional Clean Air Agency Regulations

ARTICLE I - POLICY, SHOR T TITLE AND DEFINITIONS

SECTION 1.01 - POLICY

It is declared to be the pub lic policy of the Yakima County Clean Air Authority to secure and maintain such levels of air quality as will pr otect human health and safe ty; and to the greatest degree practical, prevent injury to plant and an imal life and property, foster the comfort and

convenience of the inhabitants of Yakima Count y, promote the economic and social development of Yakima County and facilitate the enjoyment of the natural attractions th erein, and further, to cooperate with the Yakima Indian Nation in achieving the policy ob jectives as set forth herein throughout the whole of Yakima County.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 1.02 - SHORT TITLE

These rules and Regulations shall be known and cited as the "Restated Regulation I of the Yakima County Clean Air Authority".

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 1.03 - DEFINITIONS

Unless a different meaning is plainly require d by the context, the following words and phrases as hereinafter used in these Regulations shall have the following meanings:

1. “Actual Emissions”: - The actual rate of emissi ons of a pollutant from an emission unit, as determined in accordance with (a ) through (c) of this subsection.

a. In general, actual emissions as of a partic ular date shall equal the average rate, in tons per year, at which the emissions un its actually emitted the pollutant during a two-year period which precedes the particul ar date and which is representative of normal source operation. Ecology or an aut hority 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 calcu lated using the emissions unit's actual operating hours, production rates, and type s 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 be gun normal operations on the particularTable 7 -- Yakima Regional Clean Ai r Agency Regulations -- page -- 2 date, actual emissions shall equal the poten tial to emit of the emissions unit on that

date.

2. “Adequate Source of Heat” - Th e ability to maintain 70 degrees Fahrenheit at a point three (3) feet above the floor in all normally inhabited areas of the dwelling.

3. “Adverse Impact on Visibility” - Visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experien ce of the Federal Class I area. This determination must be made on a case by case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibil ity impairment, and how these factors correlate with (a) times of visitor use of the Federal Class I area, and (b) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas.

4. “Agricultural Operation” - Th e growing of crops, th e raising of fowl, animals or bees as a gainful occupation.

5 . “Air Contaminant” - Dust, fumes, mist, smok e, other particulate matter, vapor, gas, odorous substance, or any combination thereof.

6 . “Air Pollution” -The presen ce in the outdoor atmo sphere of one or more contaminants in sufficient quantities and of such characteristics and dur ation as is, or is like ly to be, injurious to human health, plant or animal lif e, or property, or which unreasona bly interfere with enjoyment of life and property. For the purpose of this Re gulation, air pollution shall not include air contaminants emitted in comp liance with Chapter 17.21 RCW.

7 . “Air Pollution Episode” - A period of impaired air quality as determined by the Director of the Yakima County Clean Air Authority, or the Washington State Department of Ecology.

8. “Allowable Emissions” - The emission rate of a stationary sour ce calculated using the maximum rated capacity of the stationary source (unless the stationary source is subject to federally enforceable limits which restrict the ope rating rate, or hours of operation, or both) and the most stringent of the following:

a . The applicable standards as set forth in 40 CFR Part 60 or 61;

b. Any applicable state implementation plan emissions limitation including those with a future compliance date; or

c. The emissions rate specified as a fede rally enforceable permit condition, including those with a future compliance date.

9. “Ambient Air” - The surrounding outside air.

10 . “Ambient Air Quality Standard” - An established concentra tion, exposure time, and frequency of occurrence of air contaminant(s) in the ambient air which shall not be exceeded.Table 7 -- Yakima Regional Clean Ai r Agency Regulations -- page -- 3 11 . “Authority” - The Yakima County Clean Air Authority.

12 . “Best Available Control Technology” (BAC T) - That term as defined in WAC 173-400.

13. “Board” - The Board of Directors of the Yakima County Clean Air Authority.

14. “Combustible Refuse” - Any burnable wa ste material containi ng carbon in a free or combined state other than liquid or gases.

15. “Combustion and Incineration Sources” - Units using combustion for waste disposal, steam production, chemical recovery or other proce ss requirements; but ex cludes open burning.

16. “Commenced Construction: - The owner or operator has all the ne cessary preconstruction approvals or permits and either has:

a. Begun, or caused to begin, a continuous prog ram of actual on-site construction of the source, to be completed within a reasonable time; or

b. Entered into binding agreements or cont ractual obligations, which cannot be canceled

or modified without substantial loss to the owner or operator, to undertake a program of

actual construction of the source to be completed within a reasonable time.

17

. “Concealment” - Any action taken to reduce the observed or measured concentrations of a pollutant in a gaseous effluent wh ile, in fact, not reducing the tota l amount of pollutant discharged.

18. “Control Apparatus” - Any device which prev ents or controls the emission of any air

contaminant.

19. “Control Officer” - The Air Pollution Contro l Officer of the Yakima County Clean Air Authority, or his duly authorized agents.

20. “Director” - Executive Director and Control Officer.

21 . “Emission” - A release of air co ntaminants into the ambient air.

22. “Emission Reduction Credit (ERC)” - A credit granted pursuant to WAC 173-400-131. This is a voluntary reduction in emissions.

23. “Emission Standards” - A limitation on the release of a contaminant or multiple contaminants

into the ambient air.

24. “Emissions Unit” - Any part of a stationa ry source or source which emits or would have the potential to emit any pollutant subject to regula tion under the FCAA, ch apter 70.94 or 70.98 RCW.Table 7 -- Yakima Regional Clean Ai r Agency Regulations -- page -- 4 25. “Equipment” - Any stationary or portable device or a ny part thereof capable of causing the emission of any air contaminant into the ambient air.

26. “Excess Emissions” - Emissions of an air po llutant in excess of any applicable emissions

standard.

27. “Federal Clean Air Act (FCAA)” - The Fede ral Clean Air Act, also known as Public Law 88-206, 77 Stat.392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the Clean Air Act amendments of 1990, P.L. 101-549, November 15, 1990.

28. “Federal Land Manager” - With respect to any lands in the United States, the Secretary of the department with authority over such lands.

29. “Fire Department” - Fire control agency such as city fire departments, local fire districts or the Washington State Department of Natural Resources.

30. “First Stage of Impaired Air Quality” - When particulate ten microns and smaller in aerodynamic diameter are at an ambient level of seventy-five micrograms per cubic meter of air measured on a twenty-four hour average, or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average.

31 . “Fossil Fuel-fired Steam Generator” - A devi ce, furnace, or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

32. “Fugitive Dust” - A Particulate emission made airborne by forces of wind, man's activity, or both. Unpaved roads, construction sites, and tilled land are examples or areas that originate fugitive dust. Fugitive dust is a type of fugitive emission.

33 . “Fugitive Emissions” - Emissions which do not pass and which could not reasonable pass through a stack, chimney, vent, or othe r functionally equivalent opening.

34. “Friable Asbestos” - Any material containing more than 1% asbestos and capable of being crushed by hand pressure.

35 . “Garbage” - Putrescible animal and vege table wastes resulting from the handling, preparation, cooking or serving of food.

36. “General Process Unit” - An emissions unit us ing a procedure or a combination of procedures for the purpose of causing a change in material by either chemical or physical means, excluding

combustion.

37 . “Good Engineering Practice (GEP)” - A cal culated stack height based on the equation specified in WAC 173-400-200 (2)(a)(ii).

38. “Hearings Board” - Hearings Boar ds as established by RCW 43.21B.Table 7 -- Yakima Regional Clean Ai r Agency Regulations -- page -- 5 39. “Incinerator” - A furnace for the destruction of waste, or oxidizing a waste to facilitate disposal.

40. “Land Clearing Burning” - Outdoor fires consisti ng of residue of a natural character such as trees, stumps, shrubbery of other natural vegetati on arising from land clearing projects and burned on the lands on which such materials originated.

41 . “Lowest Achievable Emission Rate (LAER) ” - That term as defined in WAC 173-400.

42. “Major Modification” - Any physical change in or change in the method of operation of a major stationary source that woul d result in a significant net emi ssions increase of any pollutant subject to regulation under the FCAA. Any net em issions increase that is considered significant for volatile organic compounds or nitrogen oxides shall be consid ered significant for ozone. A physical change or change in the method of operation shall not include:

a. Routine maintenance, repair, and replacement;

b . Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmenta l Supply Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtai lment plan pursuant to the

Federal Power Act:

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

d. Use of an alternative fuel at a steam gene rating unit to the extent that the fuel is generated from municipal solid waste;

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

(i) The stationary source was capable of accommodating before December 21, 1976, unless such change would be prohibi ted under any federally enforceable permit condition which was established after December 12, 1976, in a prevention of significant deterioration permit or notice of construction approval; or

(ii) The stationary source is approved to use under any federally enforceable notice of construction appr oval or a PSD permit issued by the environmental protection agency;

f. An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976,in a prevention of significan t deterioration permit or a notice of construction approval;Table 7 -- Yakima Regional Clean Ai r Agency Regulations -- page -- 6 g. Any change in ownership at a stationary source.

43. “Major Stationary Source”

a. Any stationary source which:

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

(ii) Is located in a "marginal" or "mode rate" ozone nonattainment area and which emits or has the potential to emit one hundred tons per year or more of volatile organic compounds or oxides of nitrogen.

b. Any stationary source (or gr oup of stationary sources) which:

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

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

c. Any physical change that woul d occur at a stationary sour ce not qualifying under (a) or (b) of this subsection as a major stationary source, if the change would constitute a major stationary source by itself;

d. A major stationary source that is major for VOCs or NOx shall be considered major for

ozone;

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

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

(ii) Kraft pulp mills;

(iii) Portland cements plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;Table 7 -- Yakima Regional Clean Ai r Agency Regulations -- page -- 7 (vi) Primary aluminum or e reduction plants;

(vii) Primary copper smelters;

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

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

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon Black plants (furnace process)

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants;

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

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding

three hundred thousand barrels:

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil fuel-fired steam electric plan ts of more than two hundred fifty million British thermal units per hour heat input; andTable 7 -- Yakima Regional Clean Ai r Agency Regulations -- page -- 8 (xxvii) Any other stationary source category which, as of August 7, 1970, was being regulated under sections 111 or 112 of the Federal Clean Air Act.

f. For purposes of determining whether a stationa ry source is a major stationary source, the term "building, structure, facility, or installation" means all the pollutant-emitting activities which belong to the same industr ial 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 activiti es shall be consider ed as part of the same industrial grouping if they belong to th e same major group (i.e., which have the same two digit code) as described in the Standard Industrial Cl assification Manual, 1972, as amended by the 1977 Supplement.

44. “Modification” - Any physical ch ange in or change in the met hod of operation of a stationary

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. The term modification shall be

construed consistent with th e definition of modification in Section7411, Title 42, United State Code and with rules implementing that section.

45. “Multiple Chamber Incinerator” - Any incinerator consisting of three or more refractory-lined combustion chambers in series , physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate design parameters necessary

for maximum combustion of the material to be burned.

46. “National Emission Standards for Hazardous Air Pollutants (NESHAPS)” - The federal regulations set forth in 40 CFR Part 61.

47. “Net Emissions increase” - Means:

a. The amount by which the sum of the following exceeds zero:

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

(ii) any other increases and decreases in ac tual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the date ten ye ars before construction on the particular change commences and the date th at the increase from the particular change

occurs.

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

(i) It occurred no more than one year prior to the date of submittal of a completeTable 7 -- Yakima Regional Clean Ai r Agency Regulations -- page -- 9 notice of construction app lication for the particular change, or it has been documented by an emission reduction credit, in which case the credit shall expire ten years after the date of original issu e of the 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.

(ii) Ecology or the authority has not relied on it in issuing any permit or order of approval for the source under regulations approved pursuant to 40 CFR 51 Subpart I or the EPA has not relied on it in issuing a PSD permit pursuant to 40 CFR 52.21, which order or permit is in effect when th e increase in actual emissions from the particular change occurs.

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

actual emissions exceeds the old level.

e. A decrease in actual emissions is creditable only to the extent that:

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

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

(iii) It has approximately the same qualitati ve significance for public health and

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

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

progress.

f. An increase that results from a physical change at a source occurs when the emission unit on which construction occurred becomes op erational and begins to emit a particular pollutant. Any replacement unit that requir es shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty days.

48. “New Source” - Means:

a . The construction or modification of a sta tionary 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 ne w source under the Federal Clean Air Act.Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 10 49. “New Source Performance Standards (NSPS)” - The federal regulations set forth in 40 CFR

Part 60.

50. “Nonattainment Area” - A clearly delineated geographic area which has been designated by EPA promulgation as exceeding a national ambient ai r quality standard or standards for one or more of the criteria pollutants.

51. “Notice of Construction” - A written application to permit construction of a new source, modification of an existing source or replacement or substantial alteration of control technology at an existing stationary source. Replacement or substantial alteration of control technology does not include routine maintenance, repair, or parts replacement.

52 . “Opacity” - The degree to which an object seen through a plume is obscured, stated as a

percentage.

53. “Open Fire” - A fire where any material is burn ed in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney.

54. “Order of Approval or Approval Order” - A regulatory order issued by ecology or the authority to approve the noti ce of construction a pplication for a proposed new source or modification, or the replacement or substantial alteration of control t echnology at an existing stationary source.

55. “Outdoor Burning” - The combustion of material of any type in an open fire or in an outdoor container without providing for th e control of combustion or the control of emissions from the

combustion.

56. “Owner” - Includes the person who leas es, supervises or operates the equipment or control

apparatus.

57. “Particle” - A small discrete mass of solid or liquid matter. (General size range from submicron to 2000 micron).

58 . “Particulate Matter or Particul ate” - any airborne finely divide d solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

59. “Particulate Matter Emissions” - All finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by appli cable reference methods, or an equivalent or alternative method specified in 40 CFR Part 60 or by a test method specified in the Washington state implementation plan.

60. “Parts Per Million (ppm)” - Parts of a c ontaminant per million parts of gas, by volume, exclusive of water or particulate.

61. “Person” - Includes any individual, firm, public or private co rporation, association,Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 11 partnership, political subdivision, m unicipality or governmental agency.

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

accordance with 40 CFR Part 53.

63 . “PM-10 Emissions” - Finely divided solid or liquid material, including condensible 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 appe ndix M of 40 CRF Part 51 or by a test method specified in the Washington state implementation plan.

64 . “Potential to Emit” - The maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational lim itation on the capacity of the source to emit a pollutant, includ ing air pollution control equipmen t 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 lim itation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

65. “Prevention of Significant Deteriorati on (PSD)” - The program set forth in WAC

173-400-141.

66. “Reasonably Available Control Technology (RACT ) ” - The lowest emission limit that a particular source or source category is capable of meeting by the applicatio n of control technology that is reasonably available considering technologi cal and economic feasibility. RACT is determined on a case-by-case basis for an individu al source or source category taking into account the impact of the source upon air quality, the avai lability of additional controls, the emission reduction to be achieved by additi onal controls, the imp act of additional controls on air quality, and the capital and operating costs of the additional controls. RA CT requirements for any source or source category shall be adopted only after notice and opportunity for comment are afforded.

67. “Regulation” - Any regulation and subsequently adopted additions or amendments thereto of the Restated Regulation I of Ya kima County Clean Air Authority.

68. “Residential Burning” - Burning consisting of leaves, clippings and prunings and other yard and gardening refuse originating on lands immediat ely adjacent and in close proximity to a human dwelling and turned on such lands by property owner or their designee.

69. “Salvage Operation” - An operation conducted in whole, or in part, for the salvaging or reclaiming of any product or material.

70 . “Seasoned Wood” - Wood of any species that ha s been sufficiently dried so as to contain twenty percent (20%) moisture by weight.Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 12 71. “Second Stage of Impaired Air Quality” - Wh en particulate ten microns and smaller in aerodynamic diameter are at an ambient level of one hundred and five micrograms per cubic meter of air measured on a twenty-four hour average.

72. “Significant” - In reference to a net emi ssions increase or the potential of a source to emit any of the following pollutants, a rate of emission e qual to or greater than any one of the following

rates:

Pollutant

Tons/Year

Carbon monoxide ............................................................................ 100 Nitrogen oxides ..................................................................................40

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

Lead ....................................................................................................0.6

Flourides ................................................................................................3

Sulfuric acid mist ...................................................................................7 Hydrogen sulfide (H 2 S) ........................................................................10 Total reduced sulfur (including H 2 S) ...................................................10 Municipal waste combustor organics ......................................0.0000035 (measured as total tetra-through octa-chlorin ated dibenzo-p-dioxins and dibenzofurans) Municipal waste combustor metals (measured as PM) .........................15 Municipal waste combustor acid gases (measured as SO 2 40 and hydrogen chloride)

73. “Significant Visibility Impairment” - Visi bility impairment which interferes with the management, protection, preservation , or enjoyment of visitor visu al experience of the Class I

area. The determination must be made on a case-by-case basis, taking into account the geographic extent, intensity, durat ion, frequency, and time of the visibility impairment, and how

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

74. “Silvicultural Burning” - Bu rning on any land the Department of Natural Resources protects per Chapter 70.94 RCW and pursu ant to Chapter 76.04 RCW.

75. “SIP” - State Implementation Plan.

76. “Small Business” - Any business enterprise employing twenty (20) or less persons; the operation of which does not present any potential hazard to public health.

77. “Solid Fuel Burning Device” - A device that burns wood, coal, or other nongaseous or nonliquid fuels, which includes a ny device burning any solid fuel except those prohibited by WAC

173-433-120. This also includes devices used for aesthetic or space heating purposes in a privateTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 13 residence or commercial establishment which has a heat input less than one million Btu per hour.

78. “Source” - All of the emissions units, includ ing quantifiable fugitive emissions, that are located on one or more contiguous or adjacent pr operties and are under the control of the same person or persons under common control whose ac tivities are ancillary to the production of a single product or functiona lly related group of products.

79. “Stack” - Any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct.

80. “Stack Height” - The height of an emission point measured from the ground-level elevation

at the base of the stack.

81. “Standard Conditions” - A temperature of 20 o C (68 o F) and a pressure of 760 mm (29.92 inches) of mercury.

82. “Stationary Source” - Any building, structure, facility or instal lation that emits or may emit any air contaminant.

83. “Volatile Organic Compound (VOC)” includes:

(a) Any such organic compound other than the fo llowing, which have been determined to have negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroetha ne (methylchloroform); 1,1,1-trichloro 1,2,2-trifluoroethane (CFC-113); tr icholorfluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodi fluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2- tetrafluoroethane (CFC-114) ; chloropentafluoroethane (CFC-115); 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-tetrafjuoroeth ane (HCFC-124); pentafluoroethane (HFC-125; 1,1,2,2-tetrafluoroethane (HFC- 134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); pa rpchlorobenzotrifjouride (P CBTF); cyclic, branched, or linear completely met; hylated siloxanes; acetone; and perfluor ocarbon compounds which

fall into these classes:

(i) Cyclic, branched, or linear comp letely flourinated alkanes;

(ii) Cyclic, branched, or linear comple tely flourinated ethers with no unsaturations; and

(iii) Sulfur containing perfl uorocarbons with no unsatur ations and with sulfur bonds only to carbon and fluorine.

b. For the purpose of determining compliance with emission limits, VOC will be measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where such aTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 14 method also measures compounds with negl igible photo-chemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusi on is approved by ecology or the authority.

c. As a precondition to excluding these neglig ibly-reactive compounds as VOC or at any time thereafter, ecology or the authority may require an ow ner or operator to provide monitoring or testing methods and results demo nstrating, to the satis faction of ecology or the authority, the amount of negligibly-reactive compounds in the source's emissions.

84. “Woodsmoke Control Zone” - An area located in Yakima C ounty, Washington, as shown in Attachment 1, which is legally described as follows:

Beginning at a point on a line which is here in called the Western boundary, and which line is a straight line drawn through the following points:

Point A - Where the South right-of-way line of Highway 410 intersects with the North right-of-way line of Highway 12.

Point B - Where the South right-of-way line of the North Fork of Ahtanum Road intersects with the North right-of-way line of the South Fork of Ahtanum Road.

Which line further extends in a Southwesterly di rection to a point wher e it intersects with the South boundary line of Sections 19, 20, 21, 22, 23, 24 or Township 12 North, Range 16, E.W.M. as such boundary line is extended both Easterly and Westerly, and then ce Easterly along said South boundary line of said Sections as extended to the Southeast corner of Section 19, Township 12 North, Range 18, E.W.M.; thence North along the Ea st boundary line of said section to the Northeast corner thereof; th ence East along the North boundary line of Sections 20, 21, 22, 23, 24, of Township 12 North, Range 18, E.W.M. as extended Easterly to the Northe ast corner of Section 21, Township 12 North, Range 20, E.W.M.; thence Nort h along the East boundary line of Sections 16, 9 and 4 of Township 12 North, Range 20, E.W.M. : thence East to the Southeast corner of Section 34, Township 13 North, Range 20, E.W.M.; thence North along the Easterly boundary line

of said Section to the intersec tion with the U.S. Military Reservation, Yakima Firing Center; thence Northerly and Westerly along the boundary li ne of the U.S. Military Reservation to the Southern boundary of Kittitas County; thence West to the Southeast corner of Section 36, Township 15 North, Range 18, E.W.M.; thence Nort h to the Northeast co rner of Section 24, Township 15 North, Range 18, E.W.M.; thence West to the Southeast co rner of Section 18, Township 15 North, Range 18, E.W.M. thence We st to the intersectio n of the West boundary line as herein described; thence Southwesterl y along said West boundary line to the point of beginning.

85. “Yakima Urban Area” - An area located in Yakima County, Washington, as shown in Attachment 2, which is legally described (Y akima City Code-Title 15A, Ord.# 10-1985) as

follows:

Beginning at the southwest corner of Government Lot 5, Section 17, Township 12 North, RangeTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 15 19 East W.M.; thence north along the west line of sa id Section 17 to the sout heast corner of Section 7. Township 12 North, Range 19 East W.M., thence west along the south line of said Section 7 to the southwest corner of the southeast quarter of sa id Section 7; thence nort h along the west line of

the east half of said Section 7 to Ahtanum Creek, thence following Ahtanum Creek in a generally westerly direction to the west lin e of the southwest quarter of the south-east quarter of Section 2, Township 12 North, Range 18 E.M.W; thence north al ong said west line to the northwest corner of the southwest quarter of the sout heast quarter of said Section 2; thence west along the east-west

centerline of the south half of said Section 2 to the west line of said Section 2; thence continuing west along the east-west centerlin e of the south half of Section 3, Township 12 North, Range 18 East W.M. to South 34th Avenue; thence north along South 34th Avenue to Ahtanum Road - thence west along Ahtanum Road to 38t h Avenue; thence north along 38th Avenue to the north line of Section 3. Township 12 North, Range 18 East W.M.; thence west along said north line to the northeast corner of Section 4, Township 12 North. Range 18 East W.M.; thence continuing west along the north line of said Section 4 to the southeast corner of Section 33, Township 13 North, Range 18 East W.M.; thence continuing west along the south line of said Section 33 to 64th Avenue; thence north along 64th Avenue to the east-west centerline of Sections 32 and 33, Township 13 North. Range 18 East W.M.; thence west along said east-west centerline to the

north-south centerline of the west half of said Section 32; th ence north along said north-south

centerline to Zier Road ; thence west along Zier Road to South 80th Avenue; thence north along South 80th Avenue to Wide Hollow Road; th ence west along Wide Hollow Road to the

north-south centerline of the east half of Sec tion 30, Township 13 North, Range 18 East W.M.; thence north along said north-south centerline to th e east-west centerline of said Section 30; thence west along said east-west centerline to the north-sout h centerline of the west half of said Section 30; thence north along said north-south centerlin e to the Yakima Valley Canal; thence following the Yakima Valley Canal in a generally westerly di rection to its intersection with Tieton Drive; thence west on Tieton Drive to 96th Avenue; thence north on 96th Avenue to the northwest corner of the southwest quarter of Section 19, Town ship 13 North, Range 18 East W.M.; thence north along the west section line of said Section 19 to a point 250 feet south of the northwest corner of
the southwest quarter of the northwest quart er of said Section 19; thence north 89 

### ° 33' East to the Tieton Canal; thence following th e Tieton Canal in a generally northeasterly direction to the

north-south centerline of the east half of said Section 19; thence north along said north-south

centerline to the north-south cen terline of the east ha lf of Section 18, Township 13 North, Range 18 East W.M.; thence north along said north-south centerline of said Sec tion 18 to the east-west centerline of the south half of said Section 18; thence east along said east-west centerline to the west line of Section 17, Township 13 North, Range 18 East W.M.; thence north along said west

line to the east-west centerline of said Section 17; thence east along said east-west cen terline to the east line of said Section 17; thence north along said east line to the south right-of-way line of the Burlington Northern Railroad, Cowiche Branch; then ce following said south right-of-way line in a generally northeasterly di rection to the north right-of-way lin e of State Route 12; thence following said north right-of-way line in a generally s outheasterly direction to Cowiche Creek; thence following Cowiche Creek in a generally northeasterl y direction to its confluence with the Naches River; thence following the south bank of the Naches River and the south bank of the Yakima River in a generally easterly dierction to the no rth-south centerline of th e east half of Section 12,Township 13 North, Range 18 East W.M.; then ce north along said north -south centerline to Rest Haven Road; thence following Rest Haven Road in a generally southeasterly direction to theTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 16 south line of Section 8, Township 13 North, Range 19 East W.M.; thence east along the south line

of Sections 8 and 9 to the southwes t corner of Lot 3 of that certai n short plat recorded in Volume 81, Page 133, Short Plat Records of Yakima Coun ty; thence continuing ea st 260 feet along said

south section line; thence North 0 

### ° 022'34'' east 270.51 feet; thence north 38 

### ° 30'50'' east 146.66

feet; thence north 47 

### ° 30'24'' east 63.80 feet; thence north 77 

### ° 58'20'' east 1,026.46 feet; thence

north 71 

### ° 00' east 255.38 feet; thence north 59 

### ° 00' east to the north line of the southwest quarter the southwest quarter of Section 10, Township 13 north, Range 19 E.W.M., thence easterly along

said north line to the Northeast corner of said subdivision; then ce southerly along the east line of the south-west quarter of the sout hwest quarter of said Section 10 to the south-east corner of said subdivision; thence westerly along th e south line of said Section 10 to the northwest corner of Section 15, Township 13 North, Range 19 E.W.M., th ence southerly along the west line of said

Section 15 to the southwest corner of the northwestquarter of said Secti on 15; thence easterly along said east-west center line to the southeast corner of the northeast quarter of said Section 15; thence easterly along the east-west centerlin e of Section 14, Township 13 North, Range 19

E.W.M. to the northeast corner of the northwest quarter of the southwest quarter of said Section 14; thence southerly along the nor th-south centerline of the west half of said Section 14 to the

southeast corner of the southwest quarter of the southwest quarter of said Section 14; thence easterly along the south line of said Section 14 to the northeast corner of Section 23, Township 13 North, Range 19 E.W.M.; thence southerly along the east line of said Sect ion 23 to the southeast corner of said Section 23; thence westerly along the south lines of Sections 23, 22, 21 and 20, Township 13 North, Range 19 E.W.M. to the west bank of the Yakima River; thence following said west bank in a generally sout herly direction to a point where it intersects the east right-of-way line of Interstate Highway 82; thence westerly to th e point where the west ri ght-of-way line of said interstate highway intersects th e south line of Government Lot 2 of Section 17, Township 12 North, Range 19 E.W.M.; thence westerly along the south line of said Government Lot 2 and of

Government Lot 5 of said Section 17 to the sout h-west corner of said Government Lot 5 and the point of beginning.

State effective: 12/15/95; EPA effective: 3/4/98

ARTICLE II - GENERAL PROVISIONS

SECTION 2.02. - CONTROL OFFICER - POWERS AND DUTIES

A . The Control Officer shall observe and enforc e the provisions of state law and all orders, ordinances, resolutions or rule s and regulations of the Author ity pertaining to control and prevention of air pollution.

B. The Control Officer or his duly authorized agent may make any reasonable investigation or study which is necessary for the purpose of enforc ing this Regulation or a ny amendment hereto or controlling or reducing the amount of or kind of air contaminant. The Control Officer shall be required to maintain appropriate records and prepare periodic reports to the Board.

C . For the purpose of investigating conditions specifi c to the control, recove ry or release of airTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 17 contaminants into the atmosphere, the Control Offi cer, or his duly authorized representative, shall have the power to enter at reasonable times upon any private or pub lic property, excepting non multiple unit private dwellings housing two (2) families, or less. No person shall refuse entry or access to the Control Officer or his duly author ized representatives who request entry for the purpose of inspection, and who pres ent appropriate credentials; nor shall any person obstruct, hamper or interfere with such inspection.

D. If an authorized employee of the Authority, during the course of an inspection, desires to obtain a sample of air contaminant, fuel, process material or othe r material which affects or may

affect the emission of air contamin ants, he shall notify the owner or lessee of the time and place of obtaining a sample so the owner or lessee has the opportunity to take a similar sample at the same time and place and the authorized employee of the Au thority shall give a receipt to the owner or lessee for the sample obtained.

E. The Control Officer and assistants, in the perfo rmance of their duties, sh all in all respects be subject to the direction of the Board, and sha ll take no action that ha s been prohibited by the

Board.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 2.03 - MISCELLANEOUS PROVISIONS

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

B . No person shall reproduce or al ter or cause to be reproduced or altered any orde r, registration certificate, or other paper issued by the Authority if the purpose of such reproduction or alteration is to evade or violate any provision of this Regulation or any other law.

C. Any order, or registration certificate requi red to be obtained by this Regulation, shall be available on the premises designa ted on the order or certificate.

D. In the event that the Authority requires a noti ce to be displayed, it shall be posted. No person shall mutilate, obstruct or remove any not ice unless authorized to do so by the Board.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 2.04 - CONFIDENTIALITY

Whenever any records or other information, othe r than ambient air quality data or emission
data, are furnished to or obtai ned by the Yakima County Clean Ai r Authority under this regulation relates to processes or production un ique to the owner or operator, or is likely to adversely affect the competitive position of such owner or operator of said pro cesses or production, and the owner or operator of such processes or production so certifies, such reco rds or information shall be only for the confidential use of the Board. Nothing he rein shall be construed to prevent the use of records or information by the Board in compiling or publishing analysis or summaries relating toTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 18 the general condition of the outdoor atmosphere, pr ovided, that such analyses or summaries do not reveal any information otherwis e confidential un der the provisions of th is section and, provided
further, that emission data furnished to or obtaine d by the Board shall be correlated with applicable

emission limitations and other contro l measures and shall be availa ble for public inspection during

normal business hours at the office of the Board.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 2.05 - ADVISORY COUNCIL

The Board of the Authority may in its discretio n appoint an Advisory Council to advise and

consult with the Board and with the Control Offi cer in effectuating the purposes of the Regulation. The Board may submit to the Advisory Council r ecommendations for the adoption or modification or regulations or emission standard s or other matters that it consid ers appropriate, but shall not be required to do so.

State effective: 11/18/93; EPA effective: 3/4/98

ARTICLE III - VIOLATIONS - ORDERS AND HEARINGS

SECTION 3.01 - NOTICE OF VIOLATIO N - CORRECTIVE ACTION - HEARINGS

Whenever the Board or the Control Officer has reason to believe that any provision of this Regulation has been violated, the Board or Control Officer may, at least thirty days prior to the commencement of any formal enforcement action under Sections 8.01 and 8.02 of this Regulation,

cause written notice to be served upon alleged violator or violators. The notice shall specify the provision of this Regulation alleged to be violat ed, and facts alleged to constitute a violation thereof, and may include an order directing that necessary corrective action be taken within a
reasonable time. In lieu of an order, the Board or the Control Officer may require that the alleged violator or violators appear be fore the Board for a Hearing.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 3.02 - FINALITY OR ORDER - APPEAL

Any order issued by the Board or Control Officer shall become final, unless such order is appealed to the Pollution Control Hear ings board, as provi ded in RCW 43.21B.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 3.03 - STAY OF ORDER PENDING APPEAL

Any order of the Control Officer or Board sh all be stayed pending final determination of any hearing or appeal taken in accordance with the provisions herein, unless after notice andTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 19 hearing, the Superior Court shall de termine that an emergency exists which is of such nature as to require that such order be in effect duri ng the pendency of such hearing or appeal.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 3.04 - VOLUNT ARY COMPLIANCE

Nothing in this article shall prevent the Cont rol Officer or Board from making efforts to obtain voluntary compliance through warning, co nference or any other appropriate means.

State effective: 11/18/93; EPA effective: 3/4/98

ARTICLE IV - REGISTRATION AND NOTICE OF CONSTRUCTION

SECTION 4.01 - REGISTRATION

A. The owner or operator of each source within the following source categories, that does not hold an operating permit, shall regist er the source with the Authority:

1. Agricultural drying and dehydrating operations;

2. Asphalt plants;

3. Beverage can surface coating operations;

4. Bulk gasoline terminals;

5. Cattle feed lots; for the purposes of registratio n a cattle feed lot is a place with facilities for 1,000 or more head of cattle which are kept closely confined for commercial purposes and substantially all feed us ed is delivered to them;

6. Chemical plants;

7. Ferrous foundries;

8. Fertilizer plants;

9. Flexible vinyl and urethane coating and prin ting operations;

10. Grain handling, seed processing, pea and lentil processing;

11. Metallic mineral processing plants;

12. Mineralogical processing plants;

13. Nonferrous foundries;Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 20 14. Other metallurgical processing plants;

15. Petroleum refineries;

16. Power boilers;

17. Pressure sensitive tape and la bel surface coating operations;

18. Rendering plants;

19. Scrap metal operations;

20. Synthetic organic chemi cal manufacturing industries;

21. Sulfuric acid plants;

22. Synthetic fiber production facilities;

23. Veneer dryers;

24. Wood waste incinerators including wigwam burners;

25. Other incinerators designed for a capacity of 100 lbs per hour or more;

26. Stationary internal combustion engines rated at 500 h.p. or more;

27. Sawmills, including processing for lumber, plywood, shake, shingle, pulp wood, insulating board, or any combination thereof.

28. Any category of stationary sources to which a New Source Performance Standard (NSPS) applies. The categories as identified in the federal regulations 40 CFR Part 60 (January 1,1993) are as follows:

Subpart D Fossil fuel fired steam ge nerators for which construction commenced after August 17, 1971, and prior to September 19, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts

Subpart Da Electric utility steam genera ting units for which construction commenced after September 18, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts

Subpart Db Industrial-commercial-institutional steam generating units for which construction commenced after June 19, 1984, and prior toTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 21 June 19, 1986, which have a heat input greater than 29 megawatts but less than 73 megawatts

Subpart Dc Small industrial-commercial-i nstitutional steam generating units

Subpart E Incinerators

Subpart Ea Municipal waste combustors

Subpart F Portland cement plants

Subpart G Nitric acid plants

Subpart H Sulfuric acid plants

Subpart I Asphalt concrete plants

Subpart J Petroleum refineries which produce less than 25,000 barrels per day of refined products

Subpart K Storage vessels for petroleum liquid constructed after June 11, 1973, and prior to May 19, 1978, which have a capacity greater than 40,000 gallons

Subpart Ka Storage vessels for petroleum li quids constructed after May 18, 1978, which have a capacity greater than 40,000 gallons

Subpart Kb Volatile organic liquid storage vessels (including petroleum liquid storage vessels) constructed, recons tructed, or modified after July 23, 1984

Subpart L Secondary lead smelters

Subpart M Brass and bronze ingot production plants

Subpart N Iron and steel plants

Subpart O Sewage treatment plants

Subpart P Primary copper smelters

Subpart Q Primary zinc smelters

Subpart R Primary lead smeltersTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 22 Subpart S Primary aluminum reduction plants

Subpart T Phosphate fertilizer industry: Wet process phosphoric acid plants

Subpart U Phosphate fertilizer industry: Superphosphoric acid plants

Subpart V Phosphate fertilizer industry : Diammonium phosphate plants

Subpart W Phosphate fertilizer industry : Triple superphosphate plants

Subpart X Phosphate fertilizer industry: Granular triple superphosphate storage facilities

Subpart Y Coal preparation plants

Subpart Z Ferroalloy production facilities

Subpart AA Steel plants: Electric arc furnaces

Subpart AAa Steel plants: Electric arc furnaces and argon-oxygen

decarburization vessels

Subpart BB Kraft pulp mills

Subpart CC Glass manufacturing plants

Subpart DD Grain elevators

Subpart EE Industrial surface co ating: Metal furniture

Subpart GG Stationary gas turbines

Subpart HH Lime manufacturing plants

Subpart KK Lead-acid battery plants

Subpart LL Metallic mineral processing plants

Subpart MM Automobile and light duty tr uck surface coating operations

Subpart NN Phosphate rock plants

Subpart PP Ammonium sulfate manufacture

Subpart QQ Publication rotogravure printingTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 23 Subpart RR Pressure sensitive tape and label surface coating operations

Subpart SS Industrial surface coat ing: Large appliances

Subpart TT Industrial surface coating: Metal coils

Subpart UU Asphalt processing and asphalt roofing manufacture

Subpart VV SOCMI equipment leaks (VOC)

Subpart WW Beverage can surface coating operations

Subpart XX Bulk gasoline terminals

Subpart BBB Rubber tire manufacturing industry

Subpart DDD VOC emissions from th e polymer manufacturing industry

Subpart FFF Flexible vinyl and uret hane coating and printing

Subpart GGG Petroleum refineries - compressors and fugitive emission sources

Subpart HHH Synthetic fiber production facilities

Subpart III VOC emissions from SOCMI air oxidation unit processes

Subpart JJJ Petroleum dry cleaners

Subpart KKK Equipment leaks of VOC from onshore natural gas processing plants

Subpart LLL Onshore natural gas processing; SO 2 emissions

Subpart NNN VOC emissions from SOCMI distillation operations

Subpart PPP Wool fiberglass insu lation manufacturing plants

Subpart QQQ VOC emissions from petroleum refinery wastewater emissions

Subpart SSS Magnetic tape coating facilities

Subpart TTT Industrial surface coating: Su rface coating of plastic parts for

business machinesTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 24 Subpart VVV Polymeric coating of suppor ting substrates facilities:

Note: For fossil fuel fired steam generators refe renced by Subpart D and Da above, units greater than 250 megawatts are governed by the energy facility site.

29. Any source which emits a contaminant subj ect to a National Emission Standard for Hazardous Air Pollutants (NESHAPS);

30. Any major stationary source as defined below;

"Major source" means any stationary source (o r any group of stationa ry sources) that are located on one or more contiguous or adjacen t properties, and are under common control of the same person (or persons under common contro l) belonging to a si ngle major industrial grouping and that are described in (a), (b), or (c) of this subsection. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutan t emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same major group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

(a) A major source under section 112 of the FCAA, which is defined as any stationary source or group of stationary sources locat ed within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, ten t ons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the FCAA, twenty-five tpy or more of any combin ation of such hazardous air pollutants, or such lesser quantity as the Administrato r may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or pr oduction well (with its associated equipment) and emissions from a ny pipeline compressor or pump station shall not be aggregated with emissions from other si milar units, whether or not such units are in a contiguous area or under common control, to de termine whether such units or stations are major sources; or

(b) A major stationary source of air pollutants, as defined in sect ion 302 of the FCAA, that directly emits or has the potential to emit, one hundred tpy or more of any air pollutant (including any major sour ce of fugitive emissions of any such pollutant, as determined by rule by the Administrator).

(c) A major stationary source as defined in part D of title I of the FCAA, including:

(i) For ozone nonattainment areas, sources wi th the potential to emit one hundred tpy or more of volatile orga nic compounds or oxides of nitr ogen in areas classified as "marginal" or "moderate," fifty tpy or more in areas classified as "serious," twenty-five tpy or more in ar eas classified as "severe," a nd ten tpy or more in areas classified as "extreme"; except that the re ferences in this paragraph to one hundred, fifty, twenty-five, and ten tpy of nitrogen oxides shall not apply with respect to anyTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 25 source for which the Administrator has ma de a finding, under section 182(f)(1) or (2) of the FCAA, that requirements under sect ion 182(f) of the FCAA do not apply;

(ii) For ozone transport regions establishe d pursuant to section 184 of the FCAA, sources with the potential to emit fifty t py or more of volatile organic compounds;

(iii) For carbon monoxide nonattainment areas (A ) that are classified as "serious," and (B) in which stationary sources cont ribute significantly to carbon monoxide levels, sources with the potential to emit fifty tpy or more of carbon monoxide; and

(iv) For particulate matter (PM-10) nonattain ment areas classified as "serious," sources with the potential to emit seventy tpy or more of PM-10.

31. Any of the following categories of sour ces which are listed in WAC 173-460-030(1):

Standard industrial classifications:

Major group 10-Metal mining.

Major group 12-Bituminous coal and lignite mining.

Major group 13-Oil a nd gas extraction.

Manufacturing industrie s major groups 20-39.

Major group 49-Electric, gas, and sanitary services except 4971 irrigation systems.

Dry cleaning plants, 7216.

General medical surgical hospitals, 8062.

Specialty hospitals, 8069.

National Security, 9711.

Any Source category listed in WA C 173-490-030(1) ex cept WAC 173-490-030 (1)(e) Gasoline dispen sing facilities.

WAC 173-490-030(1) categories:

a. Petroleum refineries.

b. Petroleum liquid storage tanks.

c . Gasoline loading terminals.Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 26 d. Bulk gasoline plants.

f. Surface coaters.

g. Open top vapor degreasers.

h. Conveyerized degreasers.

i. Gasoline tansport tanks.

j. Vapor collection systems.

k. Perchloroethlene dry cleaning systems.

l. Graphic arts systems.

m. Surface coaters of miscellaneous metal parts and products.

n. Synthesized pharmaceutical manufacturing facilities.

o. Flatwood panel manufacturers a nd surface finishing facilities.

Any of the following sources:

Landfills. Sites subject to chapter 173-340 WAC Model Toxics Control Act--Cleanup regulation.

B. A special report of closure shall be filed with the Authority whenev er operations producing emissions are permanently ceased for any source listed in Section 4.01(A) above.

C. It shall be the duty of all persons, firms or corporations engaged in the business of selling combustion type orchard heating devices to repor t to the Authority the sale of such devices to be installed or used anyw here within the jurisdiction of the Yakima County Clean Air Authority. The report herein provided for shall be in writing and shall be delivered to or mailed to the Authority within ten (10) days after such sale and shall contain the name and address of the purchaser and the location of the property at which such devices are to be installed or used.

D. The owner or operator of any proposed new s ource shall register the source with the Authority.

E. Initial registration and reporti ng shall be on forms supplied by the Authority within the time specified thereon. The forms will provide for the submission of informationTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 27 concerning locations, size and height of c ontaminant outlets, processes employed, nature

of the contaminant emission and such other in formation relevant to air pollution as the Authority may require.

After initial registration and re porting, subsequent general repor ts shall be filed annually during January on forms supplied by the Author ity in accordance with the terms of the Pollution Disclosure Act of 1971, Chapter 160, Laws of 1971, Extraordinary Session.

F. A separate registration shall be required for each source of contaminant provided that an owner or lessee has the option to register a process with a de tailed inventory of

contaminant sources and emissions related to said process and provided further than an owner need not make a separate registration for identical units or equipment or control apparatus installed, altered or operated in an identical manner on the same premises.

G. Each registration shall be signed by the owner or lessee or agent for such owner or lessee.

The owner or the lessee of th e source shall be responsible for the registration and the

correctness of the information submitted.

H. All registrants shall pay a fee for regist ration in accordance with the registration fee schedule in Article XIII, Sec tion 13.01 of this regulation.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 4.02 - NOTICE OF CONSTRUCTION

A. General Requirement. No person shall construct, install, establish or modify a new air contaminant source, except

those sources excluded in Sec tion 4.03 of this Regulation, w ithout first filing with the Authority a "Notice of C onstruction, Installation or Establishment of New Air Contaminant Source", on forms prepared and furnished by the Authority.

For the purpose of this section, addition to or enlargement or replacement of an air contaminant source, or any major alteration th erein, shall be construed as construction,

installation or establishment of a new air contaminant source.

B. Completeness Determination. Within thirty (30) days after the receipt of Notice of Construction a pplication the Authority shall either notify the applicant in writing that the application is complete or that additional information is necessary. The Authority may require the submission of plans, specifications and such other information as it deems necessary concerning the proposed construction, installation and establishment of such source.

C. Final Approval. Within sixty (60) days of receipt by the Aut hority of a complete Notice of Construction application the Authority shall either:Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 28 1 . Issue a final decision on the application, or

2. For those Notice of Construction applica tion reviews subject to public notice initiate notice and comment on a proposed decision and issue thereafter, as promptly as possible, a

final decision.

D. Conditions. Every order of approval issued pursuant to this section shall:

1. Be reviewed prior to issuance by a profession al engineer in the employ of the Authority or the Washington State Department of Ecology.

2. Include a determination of whether the oper ation of the new air contaminant source at the location proposed will cause a ny ambient air quality standard to be exceeded or cause a potential hazard to public health.

3. Include a determination that the proposed ne w source will comply with all applicable

New Source Performance Standards and Nati onal Emission Standards for Hazardous Air

Pollutants.

Any Notice of Construction review of a modi fication shall be limited to the emission unit or units proposed to be modified and the ai r contaminants whose emissions would increase

as the result of the modification.

Nothing in this Regulation shall be construed to authorize the Board to require the use of emission control equipment or other equipment, machinery or devices of any particular type from any particular supplier or produced by any particular manufacturer.

Any features, machines and devices consti tuting parts of or called for by plans, specifications or other information submitted pur suant to this section shall be maintained and operated in good working order.

The absence of any ordinance, resolution, rule or regulation or the failure to issue an order pursuant to this section shall not relieve a pers on from his or her obligation to comply with applicable emission control requirements or with any other provision of the law.

E. Control Technology Requirements. For new sources in nonattainment areas, Best Available Control technology (BACT) will be employed, except that if the new source is a major stationary source or the proposed modification is a major modification it will ach ieve the Lowest Achievable Emission Rate (LAER) for the contaminants for which th e area has been designated nonattainment.

For new sources in attainment or nonclassifiable areas, Best Available Control Technology (BACT) will be employed for all pollutants not previously emitted or whose emissions

would increase as a result of the new source or modification.Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 29 For an existing stationary source for which th e emission control technology is replaced or substantially altered, but does not constitute a major modification, Best Available Control Technology (BACT) and reasonabl e operation and maintenance conditions for the control equipment may be required by the Authority.

F. Notice of Completion - Notice of Violation.

The owner or applicant shall notify the Boar d or Control Officer of the completion of construction, installation or establishm ent and the date upon which operation will commence. The Board or Control Officer may, with in thirty (30) days of receipt of notice of completion, inspect the cons truction, installation, or establishment, and the Board or Control Officer may issue a Notice of Viola tion, if he finds that the construction, installation, or establishment is not in accord with the plans, specifications or other information submitted to the Authority.

G. Temporary Sources. For sources such as asphalt batch plants with multiple locations which locate temporarily at particular sites, the owner or operator shall be permitted to operate at a temporary location without filing a notice of construction, providi ng that the owner or operator notifies the Authority of intent to operate at the new locatio n at least thirty (30) days prior to starting the operation, and supplies sufficient information to enable the Authority to determine that the operation will comply with the emission standards for a new source and the applicable ambient air standards, and if in a non-attainment area, will not interfere with scheduled attainment of ambient standards. The permissi on to operate shall be for a limited period of time (one year or less) and the Authority ma y set specific conditi ons for operation during said period which shall include a requiremen t to comply with all applicable emission

standards.

H. Public Notice.

1. Notice of Construction applications shall be subject to public no tice under the following

conditions:

a. If otherwise required by state or federal laws or regulations; or

b . If the proposed source would cause an annual increase of ten tons of any air contaminant for which the ambient air quality standards have been established; or

c. If the Yakima County Clean Air Authority de termines that such public comment would be appropriate.

2. Within fifteen days of receipt of a comple te application for a Notice of Construction the Authority shall determine whether public notice is required, and if so it shall publish notice to the public of an opportunity to submit written comments during a thirty (30) day period. Such publicTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 30 notice shall contain the following information:

a. The name and address of the owner;

b. A brief description of th e proposed construction;

c. The location at which a copy of the prel iminary determination and a summary of the information considered in making such prel iminary determination are available to the public.

I. Fee Assessment.

Any person submitting a Notice of Construction pursuant to the terms of this Regulation shall be assessed a fee by the Authority in accordan ce with the fee schedule in Article XIII, Section 13.02 of this regulation.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 4.03 - EXCEPTIO NS TO ARTICLE IV

Neither registration nor noti ce of construction shall be required for the following air

contaminant sources:

A . Air conditioning or ventilating systems not de signed to remove contaminant generated by or released from equipment.

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

C. Fuel burning equipment if used solely for a priv ate dwelling serving three (3) families or less.

D . Insecticide and herbic ide spray equipment.

E. Non-stationary internal combustion engine s, including gas turb ine and jet engines.

F. Laboratory equipment used exclusively for chemical or physical analysis.

G. Laundry driers, extractors or tumblers used ex clusively for the removal of water from fabric

. H. Application of surface coati ngs by use of an aqueous solution or suspension if used on

external or internal walls of residentia l, commercial or industrial facilities.

I. Steam cleaning equipment used exclusively for that purpose.

J . Vacuum producing devices used in laborat ory operations, and vacuum producing devices which do not remove or convey air contaminant from or to another source.Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 31 K. Vents used exclusively for:

1. Sanitary or storm drainage systems; or

2. Safety valves; or

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

L. Construction of single family or duplex dwellings.

State effective: 11/18/93; EPA effective: 3/4/98

ARTICLE V - EMISSIONS STANDARDS AND PREVENTATIVE MEASURES

SECTION 5.01 - OUTDOOR BURNING

Outdoor burning in Yakima County shall, unle ss specifically exempted in Section 5.03(D), be conducted only by permit issued by the local respons ible jurisdiction and sh all be subject to the

limitations set forth herein.

A. The issuance of outdoor burning permits for the following activities sh all be governed by the Authority, local city, town or fire protection district in which such fire or fires ar e being conducted.

1. Residential Burning;

2. Outdoor burning of less than 500 tons of residue of natural character such as trees, stumps, shrubbery or other natural vegeta tion arising from land clearing projects.

3. Agricultural burning as defined in WAC 173-430-030.

B. The issuance of permits for the following outdoor burning shall be governed by the Washington State Department of Natural Resour ces or by federal authorities for lands under

federal control:

1 . Abating of forest fire hazard;

2. Prevention of fire hazard;

3. Instruction of public officials in the method of forest fire fighting;

4. Any silviculture operation to impr ove the forest lands of the state;

5. All silvicultural burning us ed to promote regeneration of rare and endangered plants found within natural area preserves, as identified under Chapter 79.70 RCW or used to maintain fire dependent ecosystems for rare plan ts or animals within the state, federal andTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 32 private natural park area preserves, natural resource conservation areas, parks and other

wildlife areas.

C. Except as set forth in subsection 5.03(D) here of, all other outdoor burning will be governed by permits issued by the Yakima County Clean Air Authority.

D. Except as set forth in subsection 5.03(D) hereof, it is a violation of these Regulations for any person to conduct outdoor burning without obtaining a permit from the responsible jurisdiction as

set forth above.

E. Any person requesting a permit from a local responsible jurisdiction, such as local city, town, fire protection district, conservation district or the Authority, for an outdoor burning permit shall pay a fee as governed by the fee sc hedule of that agency then in effect. The fee schedule in effect for the Yakima County Clean Air Authority is as shown in Article XIII, Section 13.03 of this regulation.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.02 -REGULATIONS APPLIC ABLE TO ALL OUTDOOR BURNING

A .The Regulations in this Sect ion are applicable to all outd oor burning whether conducted under the jurisdiction of the Yakima County Clean Air Authority, local cities, towns, fire protection

districts or conservation di stricts, or the Department of Natural Resources.

1. It shall be unlawful for any person to ignite, cause or permit to be ignited or to suffer, allow or maintain any outdoor burning with in the jurisdiction of any of the above authorities as provided in Section 5.01 and in addition thereto, it sha ll be unlawful and not within any of the exemptions of subsec tion 5.03(D) and Section 5.04 for any person to ignite, cause or permit or suffer to be ignite d or allow or maintain ing any outdoor burning within any of the jurisdictions described above as follows:

a. Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction debris, metal, or any substance other than natural vegetation that normally emits de nse smoke or obnoxious odors.

b. During any forecast, alert, warning or emergency condition as defined in RCW

70.94.715.

c. During any impaired air quality condition as defined in RCW 70.94.473.

B . It shall be prima facie evidence that the person who owns or controls property on which outdoor burning occurs has allowe d or caused such open fire.

State effective: 12/15/95; EPA effective: 3/4/98Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 33 SECTION 5.03 - REGULATIONS APPLIC ABLE TO ALL OUTDOOR BURNING

WITHIN THE JURISDICTION OF THE YAKIMA CO UNTY CLEAN AIR AUTHORITY, LOCAL CITIES, TOWNS, FIRE PROTECTION DISTRICTS AND

CONSERVATION DISTRICTS

A. The Yakima County Clean Air Aut hority finds that it is consiste nt with its policy of reducing outdoor burning to the greatest exte nt possible to prohibi t outdoor burning in certain areas subject to the exceptions as set forth in subsection 5.03(D) hereof.

B. Except as set forth in subsection 5.03(D) he reof, no outdoor burning shall be allowed in any area of Yakima County, Washington which exceeds fe deral or state ambient air quality standards for pollutants emitted by outdoor burning which in cludes the Yakima Urban Area and the city limits of the city of Selah, Washington.

C. Except as provided in subsection 5.03 (D) here of, outdoor burning shall not be allowed in any urban growth area as defined in RCW 36.70(a) .030 and RCW 36.70(a).110, or in any city in the Authority's jurisdiction having a popul ation greater than 10,000 persons if:

1. Such areas threaten to exceed state or federal air quality standards, and;

2. Alternative disposal practices consisti ng of a good solid waste management plan are reasonably available or practices eliminating production of organic refuse are reasonably

available.

D. Outdoor burning shall be allowed without permit for:

1. Small outdoor fires on an occasional ba sis for ceremonial, religious, or cooking purposes or like social purposes;

2. Fires from barbecues, flares, torches, ga s burners, incense burners and insect pots.

3. Structure fires for instructi on in methods of fire fighting, conducted by fire districts or city fire department or any government cont rolled fire fighting agency, and outside any urban growth area as defined in RCW 36.70(a).030 and RCW 36.70(a).110, if all of the following conditions are met:

a. The fire conforms with any other pe rmits, licenses, or approvals that are required;

b. The fire is not located in an area that is declared to be in an air pollution episode or any state of an impaired air qu ality as defined in RCW 70.,94.715 and 70.94.473;

c. Nuisance laws are applicable to the fi re, including nuisances related to the unreasonable interference with the enj oyment of life and property and the depositing of particulate matte r or ash on other property;Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 34 d. Notice of the fire is provided to the ow ners of property adjoining the property where the fire will occur, to the persons who potentially will be impacted by the fire;

e. Each structure that is proposed to be set on fire must be identified specifically

as a structure to be set on fire. Each ot her structure on the same parcel of property that is not proposed to be set on fire must be identified specifically as a structure that is not proposed to be set on fire; and

f. Before setting a structure on fire, a good faith inspection is conducted to determine if materials containing asbestos are present, the inspection is documented in writing and forw arded to the authority, and asbestos that is found is removed prior to the burning.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.04 - REGULATIONS APPLICAB LE TO PERMITS ISSUED BY THE

YAKIMA COUNTY CLEAN AIR AUTHORIT Y FOR ALL OTHER OUTDOOR

BURNING

A. Outdoor burning permits will be issued by the Yakima County Clean Air Authority pursuant to restrictions and limitations on outdoor burning as set forth in these Regulations as follows:

1 . Except as set forth in Section 5.03(D) he reof, agricultural burning to control diseases and insects or developments of physiological conditions conducive to increase crop yield.

a. All applications for permits to set fi re for such agricultu ral burning shall be acted upon by the Authority within seven (7) da ys from the date such application is

filed.

b. When burning is necessary to control disease or insect infestation and

alternative methods are not available and the Yakima County Agricultural Extension Agency so certifies.

2. Except as set forth in Section 5.03 (D) here of, instruction in methods of firefighting conducted by fire districts or city fire depa rtments or any government controlled fire fighting agency.

B. Permits issued for burning under this Sect ion shall be drafted to minimize emissions, including denial of permissi on to burn during periods of a dverse meteorological conditions.

C. All permits issued by the Author ity will contain conditions to insure that public interest in air, water and land pollution and safety to life and proper ty is fully considered and will be designed to minimize air pollution as practicable.Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 35 D. All applications for permits must demonstrate th at the setting of fires as requested is the most reasonable procedure to follow in safeguardi ng life and property and no other reasonable alternative (as defined in the WAC 173-425) is ava ilable to successfully carry out the enterprise in which the applicant is engaged.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.05 - ADDITIONAL RESTRICT IONS ON OUTDOOR BURNING

All outdoor burning conducted pursuant to this Regulation shall be conducted between the hours of sunrise and sunset, except that burning for pest or diseas e control or for land clearing purposes, and of which the combustible material cons ists primarily of wood mo re than twelve (12) inches in diameter, may be conducte d after sunset, but such fires sh all not be ignite d or fed after 12:00 noon on any day they are ignited. For the pur pose of this provision a fire shall be deemed to be out and extinguished when there is not a visible flame coming from the fire.

A. No open burning shall be conducted when th e Control Officer, acting on guidelines for air quality control which ar e hereafter established by th e Board, has prohibited such burning by a curtailment call or Ecology has declared an Air Pollution Episode.

1. Any person or entity responsible for an open fire shall immediately proceed to extinguish such fire to prevent visible sm oke when notified of the existence of an air pollution episode by any of the means set forth hereafter. Notice will be deemed sufficient to the public for all purposes of these Regulations after three (3) hours have elapsed from the time such no tice has been delivered to and published by a newspaper of general circulation in th e area where such limitation applies, or

has been delivered to and br oadcasted by a radio or tele vision station serving the area, for a small fire and ten (10) hours for the remaining fires.

B . Any person responsible for fires set in acco rdance with this Section must abide by all rules and procedures set by other agencies ha ving any jurisdiction ove r the practice of open burning.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.06 - GENERAL STANDA RDS FOR MAXIMUM PERMISSIBLE

EMISSIONS

All sources and emissions units are required to m eet the emission standards of this chapter.

Where an emission standard listed in another chapter is applicab le to a specific emissions unit, such standard will take precedent over a general emission standard listed in this chapter. When

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

relative contributions of the indi vidual 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. Further, a ll emissions units are requ ired to use reasonablyTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 36 available control technology (R ACT) which may be determined for some sources or source categories to be more stringent th an the applicable emission limitati ons of any chapter of Title 173

WAC. Where current controls are determined to be less than RACT, ecology or the authority shall, on a case-by-case basis, define RACT for each source or source category and issue a regulatory order to the source or sources for installation of RACT.

A. Visible Emissions. No person shall cause or permit visible plume from any source that exceeds twenty percent (20%) opacity for three minutes in any one hour period except:

1. When the emissions occur due to soot blowing/grate cleaning and the operator can

demonstrate that the emissions will not exceed twenty percent (20%) opacity for more than fifteen minutes (15) in any eight (8) consecutive hours. The in tent of this provision is to permit the soot blowing and grat e cleaning necessary to the oper ation of boiler facilities. This practice, except for testing and trouble shooting, is to be scheduled for the same approximate times each day and the Authority be advised of the schedule.

2. When the owner or operator of the source su pplies valid data to show that the opacity exceeds twenty percent (20%) as the result of the presence of condensed water droplets. The concentration of particulate matter as shown by a source te st approved by the Authority must be less than one-tenth (0.1) grains per dry standard cubic foot. For combustion emissions the exhaust gas volume sh all be corrected to seven percent (7%)

oxygen.

3. As provided for in WAC 173-433-110 "Opacity Standards For Solid Fuel Burning

Devices".

B. Preventing particulate matter from becoming airborne. No person shall cause or permit the emission of particulate matter from any source which is transported or becomes deposited beyond the prop erty under direct cont rol of the owner or operator of the source in sufficien t quantity to interfere unreasona bly with the use and enjoyment of the property upon which the materi al was transported or deposited.

C. Material handling. No person shall cause or permit material handl ing without taking reason able precautions to prevent the release of contaminants to the ambient air.

D. Odor. Any person who shall cause or allow the ge neration of any odor from any source which may unreasonably interfere with an adjoining proper ty owner's use and enj oyment of his property must use recognized good practice and procedure to reduce these odors to a reasonable minimum.

E. Air contaminants or water vapor detrimental to persons or property. No person shall cause or permit the emission of any air contaminant or water vapor from any source, including any air contaminant whose emission is not otherw ise prohibited by thisTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 37 Regulation, if the air contaminant or water vapor causes detriment to the health, safety, or welfare of any person, or causes damage to property or business.

F. Sulfur dioxide.

1. No person shall cause or permit the emissi on of a gas containing sulfur dioxide in excess of 1,000 parts per million (ppm).

2. All concentrations of sulfur dioxide re ferred to above are by volume, dry standard conditions, and for combustion emissions the ex haust gas volume sha ll be corrected to seven percent (7%) oxygen and based on the av erage of any period of sixty consecutive

minutes.

G . Concealment and masking.

No person shall cause or permit the installation or use of any device, or the use of any means which, without resulting in a reduction in the total amount of air contaminant emitted,

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

H. Fugitive dust sources.

1. The owner or operator of a source of fugitive dust shall take reasonable precautions to prevent fugitive dust from becoming airborne an d shall maintain and operate the source to

minimize emissions.

2. The owner(s) or operator(s) of any existing source(s) of fugitive dust that has been identified as a significant contributor to a Category I PM-10 area sh all be required to use reasonably available control technology to control emissions. Significance will be determined by the definition found in 40 CFR Part 51, Appendix S, as amended July 1,

1990.

I. No person shall hereafter sell or install within the jurisdiction of the Yakima County Clean Air Authority any continuous, stationary air contamin ant source in which the air contaminant emitted

therefrom cannot be restricted to the standard s as set forth in Sections 5.06(A) and 5.08.

J. The density or opacity of an air contaminant shall be measured at th e point of its emission, except when the point of emission cannot be readily observed it may be meas ured at an observable point on a plume nearest the point of emission.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.07 - MINIMUM EMISSION STANDARDS FOR COMBUSTION AND

INCINERATION SOURCES

A. No person shall cause or permit visible plume from any combustion or incineration source thatTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 38 exceeds twenty percent (20%) opacity for three (3) minutes in any one (1) hour period or cause or permit an emission of particulate matter in ex cess of the standard set forth in Section 5.08.

B. For all incinerator sources, no person shall cause or permit em issions in excess of 100 ppm of total unburned hydrocarbons as measured by applicable EPA methods or acceptable procedures

contained in "Source Test Manual Procedure fo r Compliance Testing", State of Washington, Department of Ecology on file with the Authority or Ecology. Incinerators shall be operated only during daylight hours unless writte n permission to operate at othe r times is received from the Authority.

C. Stated concentrations for combustion and incine ration sources will be determined after the

volumes are corrected to seven percent (7%) oxygen.

D . All incinerators designed to burn twelve tons per day of materials shall be subject to the

standards set forth in WAC 173-434.

E. No person shall cause or permit em issions in excess of Section 5.08.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.08 - MINIMUM EMISSION ST ANDARDS FOR GENERAL PROCESS

SOURCES

General Process Units are require d to meet all app licable provisions of Section 5.06. No person shall cause or permit the emission of part iculate matter from any general process operation in excess of one tenth (0.10) gr ains per standard cubic foot of dry exhaust gas as tested in accordance with 40 CFR Part 60 Appendix A, Met hod 5, "Determination of Particulate Emissions from Stationary Sources".

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.10 - SENSITIVE AREA DESIGNATION

In order to control the emission of air contam inants in a manner which takes into account the severity of the air po llution problem in the different areas in which the sources are, or may be located, the Authority, after public hearing upon due no tices to all interested parties, may designate sensitive areas. Designation of such areas shal l be based on a consideration of present and predicted ambient air quality; popul ation density and trends; distance of sources from public roads;

recreational areas and areas of human habitation; topographic a nd meteorological conditions and other pertinent variables. Sour ces within a designated sensitiv e area shall be subject to more stringent standards or co mpliance schedule than sources located outside such areas. This section applies only to those geographical areas and sour ce categories under the dire ct jurisdiction of the Authority.

State effective: 6/20/94; EPA effective: 3/4/98Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 39 SECTION 5.11 - MONITORING AND SPECIAL REPORTING

A. Monitoring. The Authority shall conduct a continuous surveillance program to monitor the quality of the ambient atmosphere as to concentrations of air contaminants as approved by the Board.

As part of this program, the Authority or its authorized representa tive may require any source under the jurisdicti on of the Authority to conduct stack and/or ambient air monitoring, and to report the results to the Authority.

B . Investigation of conditions.

The Control Officer or an aut horized representative shall have authority to investigate

conditions as set forth in Secti on 2.02(C). Investigation shall be for the purpose of determining the control, recovery or release of air contaminan ts into the atmosphere.

C. Source testing.

In order to demonstrate compliance with this Regulation, the Authority or its authorized representative may require that a test be c onducted of the source using approved EPA methods from 40 CFR 60 Appendix A on file at the Authority or Ecology. The operator of a source may be required to provide the necessary platform and sa mpling ports to perform a test of the source. The Authority shall be allowed to obtain a sample from any source. The operator of the source shall be given an opportunity to observe the sa mpling and to obtain a sample at any time.

D. Report of breakdown or upset condition. If an equipment breakdown or upset condition occurs resultin g in emissions in excess of applicable limits set by this Regulation or resu lting in emissions which violate an applicable compliance schedule, the owner or operator of the affected source shall take immediate corrective action and shall report such breakdown to the Authority by the next working day after the

breakdown occurs.

An initial breakdown or upset c ondition shall not be subject to penalties for emissions in excess of the limits set by this chapter, pr oviding the owner or opera tor complies with the provisions of this subsection and providing the breakdown or upset was not the result of gross negligence. If an extended time period is re quired to complete the corrective action, the Authority or its authorized representative may requi re that the operation be curtailed or shutdown. Repeated breakdowns may be subject to all penal ties authorized by law. The Authority or its authorized representative may issue regulator y orders specifying maintenance and operating procedures.

E . Continuous Monitoring and Recording. Owners and operators of the following categor ies of stationary s ources shall install, calibrate, maintain and operate equipment fo r continuously monitori ng and recording those emissions specified. The exceptions listed for the following categories do not apply if the

continuous emission monitori ng is required by the SIP.Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 40 1. Fossil fuel-fired steam generators.

a. Opacity, except where:

1. Steam generator capacity is less than 250 million BTU per hour heat input, or

2 . Only gaseous fuel is burned.

b. Sulfur dioxide, except where:

1. Steam generator capacity is less than 250 million BTU per hour heat input, or

2. Sulfur dioxide control equipment is not required.

c . Percent oxygen or carbon dioxide where such measurements are necessary for the conversion of sulfur dioxide continuous emission monitoring data.

d. General exception. These requirements do not apply to a fo ssil fuel-fired steam generator with an annual average capacity factor of less th an thirty percent (30 %), as reported to

the Federal Power Commission for the calendar year 1974, or as otherwise demonstrated to the Authority by the owner or operator.

2. Sulfuric acid plants. Sulfur dioxide where producti on capacity is more than three hundred (300) tons per day, expressed as one hundred percent (100% ) acid, except for those facilities where conversion to sulfuric acid is utilized primar ily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

3. Fluid bed catalytic cracking units catalys t regenerators at pe troleum refineries.

a. Opacity where fresh feed capacity is more than 20,000 barrels per day.

4. Wood residue fuel-fired steam generators.

a. Opacity, except where:

1. Steam generator capacity is less than 100 million BTU per hour heat input.

b . Continuous monitoring equipment. The requirements of S ection 5.11(E)(5) do not apply to wood residueTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 41 fuel-fired steam generators, but continuous monitoring equipment shall be subject to approval by the Authority.

5 . Owners and operators of those sources required to install continuous monitoring equipment under this Regulation or the SIP sha ll demonstrate to the Authority compliance with the equipment and performance sp ecifications, and observe the reporting requirements, contained in Ti tle 40, Code of Federal Regula tions, Part 51, Appendix P, Section 3, 4, and 5, promulgated on October 6, 1975, which is by this reference adopted and incorporated herein.

F. All sources subject to this Regulation sha ll procure and install equipment and commence monitoring and recording activities no later than eighteen (1 8) months after adoption of this Regulation by the Authority. Any extension to this time requirement shall be negotiated through the variance procedure of WAC 173-400-150.

G. Special considerations. If or reason of physical plant limitations or extreme economic situ ations, the Authority determines that continuous monitoring is not a reasonable requirement, alternative monitoring and reporting procedures will be established on an i ndividual basis. These will generally be of the form of stack tests conducted at a frequency suffi cient to establish the emission levels over time

and to monitor deviations in these levels.

H. Exemptions. Subsection 5.11(E) does not appl y to any source which is:

1. Subject to a New Source Performance Standard.

2 . Not subject to an app licable Emission Standard.

I. Monitoring system malfunctions. A source may be temporarily exempted from the monitoring and reporting requirements of this Regulation during periods of monitoring system malfunctions provided that the source owner or operator shows to the satisfa ction of the Authority that th e real malfunction was unavoidable and is being repaired as e xpeditiously as practicable.

J. Emission inventory. The owner(s) or operator(s) of any air cont aminant source shall submit an inventory of emissions from the source each year. The invent ory may include stack and fugitive emissions of particulate matter, PM-10, sulfur dioxide, ca rbon monoxide, total reduced sulfur compounds (TRS), flourides, lead, VOCs, and other contamin ants, and shall be submitted (when required) no later than one hundred five (105) days after th e 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.

K. Change in raw materials or fuels.Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 42 Any change or series of changes in raw materi al or fuel which will result in a cumulative

increase in emissions of sulfur di oxide of forty (40) tons per year or more over that stated in the initial inventory required by WAC 173-400-105(1) shall require the submittal of sufficient information to Ecology or the Authority to dete rmine the effect of the increase upon ambient

concentrations of sulfur dioxide . Ecology or the Authority may i ssue regulatory orders requiring

controls to reduce the effect of such increases. Cu mulative changes in raw material or fuel of less than 0.5 percent increase in aver age annual sulfur cont ent over the initial invent ory shall not require such notice.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.12 - PREVENTIVE MEASURES

A. No person shall cause, let, allow, permit or su ffer particulate matter to be stored, handled, or transported without taking reasonable precautions to prevent air pollution.

B . No person shall cause, let, allow, permit, or su ffer a building or its appurtenances or road to be constructed, altered, repaired or demolished with out taking reasonable precautions to prevent air pollution.

C . Nothing in this Regulation shall be construe d to impair any cause of action or legal remedy therefore of any person, or the publ ic, or the injury or damage arising from the emission from any air contaminant in such place, manner or concentr ation as to constitute air pollution or a common

law nuisance.

D. Any person engaged in the construction, repair , remodeling or demolishi ng of any building, or engaging in any road construction or repair with in any incorporated town or city in Yakima County, Washington, or within an area of one (1) m ile of the city limits of the city of Yakima, Washington, or within one-quarter (1/4) of a mile of the city limits of any other town or city in Yakima County, Washington, shall take such measur es as are reasonably necessary to reduce air pollution, including the use of water and the sprinkli ng of water to control dus t so that the same is not emitted and deposited upon the property of othe rs in quantities which unreasonably interfere with the enjoyment of their property. No wo rk as above defined shall be commenced without having water available at the job si te in sufficient quantities to cont rol air pollution at the time of

commencement of such work.

State effective: 11/18/93; EPA effective: 3/4/98

ARTICLE VIII - PENALTY AND SEVERABILITY

SECTION 8.01 - PENALTY FOR VIOLATION

A . Any person who knowingly violates any of the provisions of these Regulations or any ordinance, resolution, statute or regulation in for ce pursuant thereto shall be guilty of a crime and upon conviction thereof shall be punished by a fi ne of not more than Ten Thousand Dollars ($10,000) or by imprisonment in the county jail fo r not more than one (1) year, or both.Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 43 B. Any person who negligently releases into the ambient air any substance listed by the Department of Ecology as a hazar dous air pollutant other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction, be punished by a fi ne of not more than Ten Thousand Dollars ($10,000) or by imprisonment for not more than one (1) year, or both.

C. Any person who knowingly releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who know s at the time that he or she thereby places another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction, be punished by a fi ne of not more than Fifty Thousand Dollars ($50,000) or by imprisonment for not more than five (5) years, or both.

D. Any person who knowingly fails to disclose a potential conflict of interest under RCW 70.94.100 shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Thousand Dollars ($5,000).

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 8.02 - ADDITIONAL OR ALTERNATIVE PENALTIES

A. In addition to or as an altern ate to any other penalty provided by law, any person who violates the provisions of Chapter 70.94 RCW, Chapter 70.120 RCW, or any of the rules and regulations the Yakima County Clean Air Authority may enfor ce under such Chapters of the Revised Code of Washington may incur a civil penalty in an am ount not to exceed Ten Thousand Dollars ($10,000) per day for each violation. Each such violation shall be a separate and distinct event, and, in the case of a continuing violation, each days continuan ce shall be a separate a nd distinct violation.

Any person who fails to take action as specified by an order issued pursuant to this Chapter shall be liable for a civil penalty of not more than Ten Thousa nd Dollars ($10,000) per day for each day of continued noncompliance.

B. Penalties incurred but not paid shall accrue interest beginning on the ninety-first (91st) day following the date that the penalty becomes due and payable at the highe st rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed interest shall not begin to accrue un til the thirty-first (31st) day following the final resolution of the appeal.

C. Each act of commission or omission which proc ures, aids or abets the violation described herein shall be considered a violation under the pr ovisions of this section and subject to the same penalty. The penalties provided in this section shall be im posed pursuant to RCW 43.12(B).300.

D. In addition to the other penalties pr ovided above, any person knowingly under-reporting

emissions or other information used to set fees or persons required to pay emissions or permit feesTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 44 who are more than ninety (90) da ys late with such payments may be subject to a penalty equal to three (3) times the amount of the original fee owed.

E . All penalties recovered under this section by the Au thority shall be paid into the treasury of the Authority and rendered into its funds.

F. In addition to the other provisions of this Se ction, a specific Civil Penalty may be imposed in

violation of other Sections of th is Regulation in accordance to the following schedule: (see page 8-3)

G. Public or private entities that are recipients or potential recipients of department grants, whether for air quality related activ ities or not, may have such gran ts rescinded or withheld by the department for failure to comply with provisions of this chapter.

Section Violated Civil Penalty per Written Notices Issued

First Second * Third * Subsequent

SECTION 2.03 -

Miscellaneous Provisions $100 to $1,000 $2,000 to $3,000 go to Subsequent Up to $10,000

SECTION 4.01 - Registration $50 to $500 $1,000 to $3,000 go to Subsequent Up to $10,000

SECTION 4.02 - Notice of

Construction $50 to $500 $1,000 to $3,000 go to Subsequent Up to $10,000

SECTION 5.01 - Outdoor Burning Warning to $25 $25 to $50 $50 to $100 Up to $10,000

SECTION 5.02 - Regulations Applicable to All Outdoor Burning $25 to $500 Up to $1,000 Up to $2,000 Up to $10,000

SECTION 5.03 - Regulations Applicable to All Outdoor Burning within

the Jurisdiction of the YCCAA, Local Cities, Towns, Fire Protection

Districts and Conservation

Districts Warning to $25 $25 to $50 $50 to $100 Up to $10,000

SECTION 5.04 - Regulations Applicable to Permits Issued by YCCAA $25 to $500 Up to $1,000 Up to $2,000 Up to $10,000Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 45 for All Other Outdoor Burning

SECTION 5.05 - Additional

Restrictions on Outdoor Burning $25 to $500 Up to $1,000 Up to $2,000 Up to $10,000

SECTION 5.06 - General

Standards for Maximum

Permissible Emissions $50 to $500 or Warning to $25 Up to $1,000 or $25 to $50 Up to $2,000 or $50 to $100 Up to $10,000

SECTION 5.07 - Minimum

Emission Standards for

Combustion and

Incineration Sources $50 to $500 Up to $1,000 Up to $2,000 Up to $10,000

SECTION 5.09 - Minimum

Standards or Procedures for Certain Source Categories $50 to $500 or Warning to $25 Up to $1,000 or $25 to $50 Up to $2,000 or $50 to $100 Up to $10,000

SECTION 5.12 - Preventive

Measures $50 to $500 Up to $1,000 Up to $2,000 Up to $10,000

ARTICLE IX - Woodstoves and Fireplaces $50 to $500 or Warning to $25 Up to $1,000 or $25 to $50 Up to $2,000 or $50 to $100 Up to $10,000

* Civil Penalty suspended from the previous Written Notice may be added.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 8.03 - ASSURANCE OF DISCONTINUANCE

As an additional means of enforcing these Re gulations, the Board may accept an assurance of discontinuance of any act or practice deemed in violation of this Regulation, from any person engaging in, or who has e ngaged in, such act or practice. A ny such assurance shall specify a time limit during which such discontinuan ce is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima facie pr oof of a violation of th ese Regulations, or order issued pursuant hereto, which make the alleged act or practice unlawful for the purpose of securing any injunction or other relief from the Superior Court as provided in RCW 70.94.425.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 8.04 - RESTRAINING ORDER - INJUNCTIONS

Notwithstanding the existence or use of any other reme dy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute aTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 46 violation of any provision of these Regulations or order issued ther eunder, the Board, after providing notice to such person and an opportunity to comply, may petition the Superior Court of the county wherein the violation is alleged to be occurring or to have occurred for a restraining order or a temporary or permanent inj unction or other appropriate order.

State adoptive: 11/18/93; EPA effective: 3/4/98

SECTION 8.05 - SEVERABILITY

If any phrase, clause, subsect ion, or section of this Re gulation shall be declared unconstitutional or invalid by any court of co mpetent jurisdiction to any person shall be conclusively presumed that the Board of Director s would have enacted this Regulation without the phrase, clause, subsection, or section so held unconstitutional or invalid and the remainder of the Regulation shall not be affected as a result of said part being he ld unconstitutional or invalid, nor shall that provision be affected by other persons or circumstances.

State adoptive: 12/15/95; EPA effective: 3/4/98

ARTICLE IX - WOODSTOVES AND FIREPLACES

SECTION 9.01 - POLICY

Without limiting the power of the Yakima County Clean Air Authority or its Director or Agents, the Authority states that it shall be its polic y, to the extent that it is compatible with the enforcement of the regulations, to instruct and ed ucate the public and viol ators of the hazards to health caused by wood smoke, and to authorize educational mate rials concerning those dangers.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 9.02 - OPACITY

No person owning, operating or in control of a residential solid fuel burning device shall cause, allow or discharge to the ambient air any emissions from such device which are of an opacity greater than twenty perc ent (20%) except for the purpose s of public education, then the opacity level shall not be grea ter than ten pe rcent (10%).

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 9.03 - PROHIBITIVE FUEL TYPES

A person shall not cause or allow any of the fo llowing materials to be burned in a solid fuel burning device:

A. Garbage;

B . Treated Wood;Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 47 C. Plastic Products;

D. Rubber Products;

E. Animals;

F. Asphaltic Products;

G. Waste Petroleum Products;

H. Paints, or;

I. Any substance other than Seasoned Wood Fuel which normally emits dense smoke or

obnoxious odors.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 9.04 - LIMITATIONS OF SALES OF SOLID FUEL BURNING DEVICES

A. After January 1, 1992, no used solid fuel burning devices shall be installed in new or existing buildings unless such device is either Oregon Depa rtment of Environment Quality Phase II or EPA certified, or a pellet stove either certified or exempt from certif ication by the EPA or a fireplace furnace with a letter of exemption from the Washington State Department of Ecology and the United States Environmental Protection Agency.

B. Solid Fuel Burning Devices. After January 1, 1995, a person shall not advertis e to sell, offer to sell, sell, bargain, exchange, or give away a solid fuel burning de vice unless it has been certified and labeled in accordance with procedures and criteria specified in "40 CFR 60 Subpart AAA - Standards of

Performance for Residential Wood Heaters" as amended through July 1, 1990, and meets the following particulate air contaminant emission st andards and the test methodology of the EPA in effect on January 1, 1991, or an equivalent st andard under any test methodology adopted by the EPA subsequent to such date:

1. Two and one-half (2 1/2) grams pe r hour for catalytic wood stoves; and

2. Four and one-half (4 1/2) grams per hour for all other solid fuel burning devices.

3. For purposes of this subsection, "equivalent " shall mean the emissions limits specified in this subsection multiplied by a statistically reliable conversion factor determined by ecology that relates the emission test result s from the methodology established by the EPA prior to May 15, 1991, to the tests results from the methodology subsequently adopted by that agency.

C. Fireplaces

. After January 1. 1997, a person shall not advertis e to sell, offer to sell, sell, bargain,Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 48 exchange, or give away a factory built firepl ace unless it meets the 1990 EPA standards for wood stoves or equivalent standard that may be esta blished by the state building code council by rule. Subsection 9.04(A) shall not apply to fireplaces, including factory built fireplaces, and masonry fireplaces.

D. Persons selling new solid fuel heating devi ces shall distribute and verbally explain educational materials to customers purchasing ne w wood stoves describing when a stove can and cannot be legally used.

E. Exemptions The following solid fuel devices shall be exempt from the requirements of Section 9.04(B):

- Boilers;
- Furnaces;

- Cookstoves.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 9.05 - PROHIBITION OF VI SIBLE EMISSIONS DURING AIR

POLLUTION EPISODES

A. Any person in a residence or commercial establishment which has an adequate source of heat other than a solid fuel burning device shall:

1. Not use any solid fuel burning device wh enever the Department of Ecology or the Authority has determined under RCW 70.94.715 th at any Air Pollution Episode exists in

that area.

2. Not use any solid fuel burning devi ce except those which are either Oregon Department of Environmental Quality Phase II or United States Environmental Protection Agency certified or certified by the De partment of Ecology under RCW 70.94.457 (1) or a pellet stove either certified or issued an exemption by the United States Environmental Protection Agency in accordance with Title 40, Part 60 of the Code of Federal Regulations in the geographic area and for the pe riod of time that a first stage of impaired air quality has been determined by the Depa rtment of Ecology or by the Yakima County Clean Air Authority. The geographic area affect ed by a first stage of impaired air quality

is the Woodsmoke Control Zone as defined in Section 1.03 (84). A first stage of impaired air quality is reached when particulates ten microns and greater in diameter are at an ambient level of 75 micrograms per cubic meter measured on a 24 hour average or when CO is at an ambient level of 8 parts of contaminant per million parts of air by volume measured on an 8 hour average.

3. Not use any solid fuel burning device, includ ing those that meet the standards set forth in RCW 70.94.457, in any geographic area for the period of time that a second stage of impaired air quality has been determined by the Department of Ecology or the Yakima County Clean Air Authority. The geographic ar ea affected by a second stage of impairedTable 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 49 air quality is the Woodsmoke Control Zone as defined in Section 1.03 (84). A second stage of impaired air quality is reached wh en particulates ten microns and smaller in

diameter are at an ambient level of 90 micr ograms per cubic meter measured on a 24 hour average or when CO is at an ambient level of 8 parts of contaminant per million parts of air by volume measured on an 8 hour average.

State effective: 12/15/95; EPA effective: 3/4/98

ARTICLE XII - ADOPTION OF STAT E AND FEDERAL REGULATIONS

SECTION 12.01 - STATE REGULATIONS

The Yakima County Clean Air Authority he reby adopts by reference and incorporates herein, as if specifically set fo rth herein, all of the terms and provisions of the Washington State Administrative Code as identified below, excep t as the same may be less stringent than the provisions of this Regulation of the Yakima County Clean Air Authority:

Chapter 173-400 WAC General Regula tions for Air Pollution Sources:

Chapter 173-401 WAC Operating Permit Regulation;

Chapter 173-425 WAC Open Burning;

Chapter 173-430 WAC Agricultural Burning:

Chapter 173-433 WAC Solid Fuel Burning Device Standards;

Chapter 173-434 WAC Solid Wa ste Incineration Facilities;

Chapter 173-435 WAC Emergency Episode Plans;

Chapter 173-470 WAC Ambient Air Quality Standards For Particulate Matter;

Chapter 173-474 WAC Sulphur Oxide Standards;

Chapter 173-475 WAC Photochemical Oxidant, Hydrocarbons, Nitrogen Dioxide (Ambient Standards);

Chapter 173-460 WAC Controls for Ne w Sources of Toxic Air Pollutants;

Chapter 173-490 WAC Emission Standard s and Controls for Sources Emitting Volatile Organic Compounds (VOC);

Chapter 173-491 WAC Emission Standards a nd Controls for Sources Emitting Gasoline Vapors.

State effective: 12/15/95; EPA effective: 3/4/98Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 50 ARTICLE XIII - FEE SCHEDULES AND OTHER CHARGES

SECTION 13.01 - REGISTRATION FEE SCHEDULE

Sources required to register according to the re quirements of Article IV of this regulation shall pay annual registration fees a ccording to the following schedule:

Criteria Class Fee

Potential Controlled Emissions > 100 tons per year A-1 $550

Potential Uncontrolled Emissions > 100 tons per year A-2 $550

Potential Uncontrolled Emissions < 100 tons per year B $75

Potential Controlled Toxic Emissions > 10/25* tons per year A-1 toxic $550

Potential Uncontrolled Toxic Emissions > 10/25* tons per year A-2 toxic $550

Potential Uncontrolled Toxic Emissions < 10/25* tons per year B toxic $75

*10 tons of a single toxic pollutant or a combined total of 25 tons of two or more toxic pollutants.

State effective: 1/13/94; EPA effective: 3/4/98

SECTION 13.02 - NOTICE OF CONSTRUCTION FEE SCHEDULE

Sources required to file a "Notice of Cons truction, Installation or Establishment of New Air Contaminant Source" shall pay a f ee according to the following schedule:

Filing Fee (for all sources): $50

Air Handling or Air Polluti on Control Equipment (ACFM)

0 < 200 $25

200 < 5,000 $100

5,000 < 20,000 $200

20,000 < 50,000 $300

50,000 < 100,000 $400

100,000 < 250,000 $500Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 51 250,000 < 500,000 $650

> 500,000 $800

Fuel Burning Equipment In stallation (MMBTU/H):

< 5 $25

5 < 10 $100

10 < 20 $150

20 < 50 $250

50 < 100 $350

100 < 250 $500

250 < 500 $1,000

> 500 $1,500

Fuel Burning Equipment Fu el Change (MMBTU/H):

< 5 $15

5 < 10 $40

10 < 20 $60

20 < 50 $80

50 < 100 $100

100 < 250 $150

250 < 500 $200

> 500 $250

Refuse Burning Equipment (tons per day Rated Capacity):

< 5 (w/o HCl controls) $100

5 < 12 (w/o HCl controls) $200

< 12 (w/ HCl controls) $500

12 < 250 (w/ HCl controls) $2,000Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 52 > 250 (w/ HCl controls) $4,000

Other Incinerators (pounds/hour):

< 100 $0

100 < 200 $300

200 < 500 $500

500 < 1,000 $750

> 1,000 $1,500

Volatile Material Storage Tanks (gals):

< 4,000 $0

4,000 < 20,000 $0

20,000 < 40,000 $65

40,000 < 100,000 $200

100,000 < 500,000 $750

500,000 < 1,000,000 $1,200

> 1,000,000 $1,200

Significant Emissions Surcharge: $250

Gasoline Stations:

Stage I $50

Stage II $50

Temporary Source: $75

Odor Source: $200

SEPA: $50

State effective: 6/20/94; EPA effective: 3/4/98

SECTION 13.03 - OUTDOOR BURNING PERMIT FEES

The Authority shall assess f ees for each outdoor burning permit it issues under the requirements of Article V of this regulation in accordance with the following fee schedule:Table 7 -- Yakima Regional Clean Air Agency Regulations -- page -- 53 PERMIT TYPE OR

ACTIVITY QUANTITY OF

MATERIAL FEE EXPIRATION DATE

Residential Any Amount $5 31 Dec of Current Year

Agricultural Per WAC 173-430

Fire Dept. Training Any Amount $100 30 Days After Issuance

All Others 1 10 Acres Or Less $25 30 Days After Issuance

More Than 10 Acres $2.50 Per

Acre 30 Days After Issuance

10 Cubic Yards Or

Less $50 30 Days After Issuance

More Than 10 Cubic

Yards $8.50 Per

Cubic Yard 30 Days After Issuance

Re-inspection 2 - $25 -

Application 3 - $25 -

1. Fees will be assessed on a volume basis when the material to be burned is consolidated into piles. Fees will be assessed on an acreage basis when the material is to be burned in place (e.g. weeds burned along ditch banks or fence lines).

2. If required.

3. Required for all non-reside ntial outdoor burning permits.

State effective: 6/20/94; EPA effective: 3/4/98