TABLE 4 – ADDITIONAL REGULATIONS APPROVED FOR THE B ENTON CLEAN AIR AGENCY (BCAA) JURISDICTION

(Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction and facilities subject to the applicability sections of WAC 173-405-012, WAC 173-410-012, and WAC 173-415-012).

Washington Department of Ecology Regulations

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

173-400-010 Policy and Purpose.

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

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

emission of air contaminants.

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

173-400-020 Applicability.

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

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

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

(b) Automobiles, trucks, aircraft.

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

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

173-400-030 Definitions.Except as provided elsewhere in this chapter, the f ollowing definitions apply throughout the chapter:

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

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

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

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

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

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

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

contaminant."

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

(5) "Allowable emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the stationary source (un less the stationary source is subject to federally enforceable limits which restrict the ope rating rate, or hours of operation, or both) and th e most stringent of the following:

(a) The applicable standards as set forth in 40 CF R Part 60 or 61;(b) Any applicable state implementation plan emiss ions limitation including those with a

future compliance date; or

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

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

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

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

coextensive with the boundaries of one or more coun ties.

(9) "Best available control technology (BACT)" mea ns an emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under chapter 70.94 RCW emitted from or which results from any new or modified stationary source, which the permitting authority, on a case-by-case basis, taki ng into account energy, environmental, and economic impacts and other costs, determines is ach ievable for such source or modification through application of production processes and ava ilable methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant. In no event shall application of the "best available control technology" result in emissions of any pollutants w hich will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 6 1, as they exist on May 7, 1993, or their later enactments as adopted by reference by the director by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with thi s paragraph shall not be allowed to increase above levels that would have been required under th e definition of BACT in the Federal Clean Air Act as it existed prior to enactment of the Clean A ir Act Amendments of 1990.

(10) "Best available retrofit technology (BART)" m eans an emission limitation based on the degree of reduction achievable through the applicat ion of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case b asis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improv ement in visibility which may reasonably be anticipated to result from the use of such technolo gy.

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

to RCW 70.94.155 and WAC 173-400-120.

(12) "Capacity factor" means the ratio of the aver age load on equipment or a machine for the period of time considered, to the manufacturer's ca pacity rating of the machine or equipment.(13) "Class I area" means any area designated purs uant to §§ 162 or 164 of the Federal Clean Air

Act as a Class I area. The following areas are the Class I areas in Washington state:

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

Pasayten Wilderness;

Spokane Indian Reservation.

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

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

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

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

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

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

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

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

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

(20) "Emission" means a release of air contaminant s into the ambient air.

(21) "Emission reduction credit (ERC)" means a cre dit granted pursuant to WAC 173-400-131. This is a voluntary reduction in emissions.(22) "Emission standard" and "emission limitation" means a requirement established under the

FCAA or chapter 70.94 RCW which limits the quantity , rate, or concentration of emissions of air contaminants on a continuous basis, including any r equirement relating to the operation or

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

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

RCW.

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

standard.

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

(26) "Existing stationary facility" means a statio nary source of air pollutants which has the potential to emit two hundred fifty tons per year o r more of any air pollutant. In determining potential to emit, fugitive emissions, to the exten t quantifiable, must be counted. For purposes of determining whether a stationary source is an exist ing stationary facility the term "building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to t he same industrial grouping, are located on one or mor e contiguous or adjacent properties, and are under the control of the same person (or persons un der common control). Pollutant-emitting activities shall be considered as part of the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

(27) "Federal Clean Air Act (FCAA)" means the Fede ral Clean Air Act, also known as Public

Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S .C. 7401 et seq., as last amended by the

Clean Air Act Amendments of 1990, P.L. 101-549, Nov ember 15, 1990.

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

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

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

(31) "Fugitive emissions" means emissions which do not pass and which could not reasonably pass through a stack, chimney, vent, or other funct ionally equivalent opening.

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

excluding combustion.

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

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

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

source.

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

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

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

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

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

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

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

Pasayten Wilderness;

(39) "Major modification" means any physical chang e in or change in the method of operation of a major stationary source that would result in a si gnificant net emissions increase of any pollutant subject to regulation under the FCAA. Any net emis sions increase that is considered significant for volatile organic compounds or nitrogen oxides s hall be considered significant for ozone. A physical change or change in the method of operatio n shall not include:(a) Routine maintenance, repair, and replacement;

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

Federal Power Act;

(c) Use of an alternative fuel by reason of an ord er or rule under section 125 of the FCAA,

42 U.S.C. 7425;

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

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

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

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

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

(g) Any change in ownership at a stationary source

.

(40) "Major stationary source" means:

(a) Any stationary source which:

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

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

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

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

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

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

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

for ozone;

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

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

(ii) Kraft pulp mills;

(iii) Portland cements plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

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

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

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants;

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

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

three hundred thousand barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

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

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

(f) For purposes of determining whether a stationa ry source is a major stationary source, the term "building, structure, facility, or installation" me ans all the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same p erson (or persons under common control). Pollutant-emitting activities shall be considered a s part of the same industrial grouping if they belong to the same major group (i.e., which have th e same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

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

(42) "Materials handling" means the handling, tran sporting, loading, unloading, storage, and transfer of materials with no significant chemical or physical alteration.(43) "Modification" means any physical change in, o r change in the method of operation of, a

stationary source that increases the amount of any air contaminant emitted by such source or that results in the emissions of any air contaminant not previously emitted. The term modification

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

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

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

(46) "Net emissions increase" means:

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

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

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

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

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

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

(ii) Ecology or the authority has not relied on it in issuing any permit or order 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 the increas e in actual emissions from the particular change occurs.

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

actual emissions exceeds the old level.

(e) A decrease in actual emissions is creditable o nly to the extent that:(i) The old level of actual emissions or the old l evel of allowable emissions,

whichever is lower, exceeds the new level of actual emissions;

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

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

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

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

progress.

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

(47) "New source" means:

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

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

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

CFR Part 60.

(49) "Nonattainment area" means a clearly delineat ed geographic area which has been designated by EPA promulgation as exceeding a national ambient air quality standard or standards for one or more of the criteria pollutants.

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

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

percentage.

(52) "Open burning" means the combustion of materi al in an open fire or in an outdoor container, without providing for the control of combustion or the control of the emissions from the combustion. Wood waste disposal in wigwam burners is not considered open burning.(53) "Order" means any order issued by ecology or a local air authority pursuant to chapter 70.94

RCW, including, but not limited to RCW 70.94.332, 7 0.94.152, 70.94.153, and 70.94.141(3), and includes, where used in the generic sense, the term s order, corrective action order, order of approval, and regulatory order.

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

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

(56) "Particulate matter emissions" means all fine ly divided solid or liquid material, other than

uncombined water, emitted to the ambient air as mea sured by applicable reference methods, or an equivalent or alternative method specified in 40 CF R Part 60 or by a test method specified in the Washington state implementation plan.

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

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

(59) "PM-10" means particulate matter with an aero dynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference m ethod based on 40 CFR Part 50 Appendix J and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in

accordance with 40 CFR Part 53.

(60) "PM-10 emissions" means finely divided solid or liquid material, including condensible particulate matter, with an aerodynamic diameter le ss than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applic able reference method, or an equivalent or alternate method, specified in Appendix M of 40 CFR Part 51 or by a test method specified in the Washington state implementation plan.

(61) "Potential to emit" means the maximum capacit y of a stationary source to emit a pollutant under its physical and operational design. Any phy sical or operational limitation on the capacity of the source to emit a pollutant, including air po llution control equipment and restrictions on hours of operation or on the type or amount of mate rial combusted, stored, or processed, shall be treated as part of its design only if the limitatio n or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

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

173-400-141.(63) "Projected width" means that dimension of a s tructure determined from the frontal area of

the structure, projected onto a plane perpendicular to a line between the center of the stack and the center of the building.

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

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

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

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

Pollutant Tons/Year

Carbon monoxide 100 Nitrogen oxides 40

Sulfur dioxide 40

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

Lead 0.6

Fluorides 3

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

Municipal waste combustor metals (measured as PM) 15

Municipal waste combustor acid gases (measured as SO 2 and hydrogen chloride) 40(68) "Significant visibility impairment" means vis ibility impairment which interferes with the

management, protection, preservation, or enjoyment of visitor visual experience of the Class I area. The determination must be made on a case-by- case basis, taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairment, and how

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

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

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

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

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

elevation at the base of the stack.

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

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

vehicle as defined in Section 216 of the FCAA.

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

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

sulfide.

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

(78) "United States Environmental Protection Agenc y (USEPA)" shall be referred to as EPA.(79) "Visibility impairment" means any perceptible degradation in visibility (visual range,

contrast, coloration) not caused by natural conditi ons.

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

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

(a) Any compound of carbon, excluding carbon monoxi de, carbon dioxide, carbonic acid,

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

classes:

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

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

unsaturations; and

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

(b) For the purpose of determining compliance with emission limits, VOC will be measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where such a method also measures compounds with negligible phot ochemical reactivity, these negligibly-reactive compounds may be excluded as VO C if the amount of such compounds is accurately quantified, and such exclusion is app roved by ecology or the authority.

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

State effective: 9/20/93; EPA effective: 6/2/95173-400-040 General Standards for Maximum Emissions

.

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

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

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

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

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

except:

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

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

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

(c) When two or more sources are connected to a co mmon stack, ecology or the authority may allow or require the use of an alternate time p eriod if it is more representative of normal operations.

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

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

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

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

(b) If the emissions unit has been identified as a significant contributor to the nonattainment status of a designated nonattainment area, shall be required to use

reasonable and available control methods, which sha ll include any necessary changes in technology, process, or other control strategies to control emissions of the contaminants for which nonattainment has been designated.

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

minimum.

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

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

When the owner or operator of an emissions unit sup plies emission data and can demonstrate to ecology or the authority that there is no feasible method of reducing the concentration to less than one thousand ppm (on a dry basis, corrected to seve n percent oxygen for combustion sources) and that the state and federal ambient air quality stan dards for sulfur dioxide will not be exceeded. In such cases, ecology or the authority may require sp ecific ambient air monitoring stations be established, operated, and maintained by the owner or operator at mutually approved locations. All sampling results will be made available upon re quest and a monthly summary will be submitted to ecology or the authority.

(7) Concealment and masking. No person shall caus e or permit the installation or use of any

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

(8) Fugitive dust sources.

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

minimize emissions.

(b) The owner(s) or operator(s) of any existing so urce(s) of fugitive dust that has been identified as a significant contributor to a PM-10 nonattainment area shall be required to use reasonably available control technology to cont rol emissions. Significance will be determined by the criteria found in WAC 173-400-113 (3).State effective: 9/20/93; EPA effective: 6/2/95

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

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

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

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

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

173-400-060 Emission Standards for General Process Units.

General process units are required to meet all appl icable provisions of WAC 173-400-040 and, no person shall cause or permit the emission of partic ulate material from any general process operation in excess of 0.23 grams per dry cubic met er at standard conditions (0.1 grain/dscf) of exhaust gas. EPA test methods from 40 CFR Appendix A which are adopted by reference and any other approved test procedures which are contai ned in ecology's "Source Test Manual - Procedures For Compliance Testing" as of July 12, 1990, will be used to determine compliance.

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

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

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

maximum allowable standards for emissions units wit hin the categories listed. Except asspecifically provided in this section, such emissio ns units shall not be required to meet the

provisions of WAC 173-400-040, 173-400-050 and 173- 400-060.

(1) Wigwam burners.

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

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

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

.

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

shall not be limited to:

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

(ii) A requirement to apply BACT.

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

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

(2) Hog fuel boilers.

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

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

minimize emissions.

(3) Orchard heating.(a) Burning of rubber materials, asphaltic product s, crankcase oil or petroleum wastes,

plastic, or garbage is prohibited.

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

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

(5) Catalytic cracking units.

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

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

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

gas.

(b) All new catalytic cracking units shall meet all provisions of WAC 173-400-115.

(6) Other wood waste burners.

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

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

minimize emissions.

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

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

.

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

173-400-081 Startup and Shutdown.In promulgating technology-based emission standards and making control technology

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

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

173-400-091 Voluntary Limits on Emissions.

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

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

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

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

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

under WAC 173-400-171.

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

State effective: 9/20/93; EPA effective: 6/2/95173-400-100 Registration.

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

(a) Agricultural drying and dehydrating operations ;

(b) Asphalt plants;

(c) Beverage can surface coating operations;

(d) Bulk gasoline terminals;

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

(f) Chemical plants;

(g) Ferrous foundries;

(h) Fertilizer plants

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

(j) Grain handling, seed processing, pea and lenti l processing facilities;

(k) Metallic mineral processing plants;

(l) Mineralogical processing plants

(m) Nonferrous foundries;

(n) Other metallurgical processing plants;

(o) Petroleum refineries;

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

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

(r) Rendering plants;

(s) Scrap metal operations;

(t) Synthetic organic chemical manufacturing indus tries;(u) Sulfuric acid plants;

(v) Synthetic fiber production facilities;

(w) Veneer dryers;

(x) Wood waste incinerators including wigwam burne rs;

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

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

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

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

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

(dd) Any major stationary source.

(2) Registration shall be on forms to be supplied by ecology or the authority within the time specified on the form.

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

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

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

173-400-105 Records, Monitoring and Reporting.

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

and control measures.

(1) Emission inventory. The owner(s) or operator( s) of any air contaminant source shall submitan inventory of emissions from the source each year . The inventory may include stack and

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

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

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

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

one or two families.

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

at the same time.

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

(a) Fossil fuel-fired steam generators.

(i) Opacity, except where:

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

(B) Only gaseous fuel is burned.

(ii) Sulfur dioxide, except where steam generator capacity is less than two hundred fifty million BTU per hour heat input or if sulfur dioxide control equipment is not required.(iii) Percent oxygen or carbon dioxide where such measurements are necessary

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

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

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

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

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

(d) Wood residue fuel-fired steam generators.

(i) Opacity, except where steam generator capacity is less than one hundred million BTU per hour heat input.

(ii) Continuous monitoring equipment. The require ments of (e) of this subsection do not apply to wood residue fuel-fired steam generators, but continuous monitoring equipment required by (d) of this subsection shall be subject to approval by ecology.

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

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

these levels.

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

(i) Subject to a new source performance standard. These sources will be governed by WAC 173-400-115.(ii) Not subject to an applicable emission standar d.

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

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

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

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

173-400-107 Excess Emissions.

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

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

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

.

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

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

demonstrates that the excess emissions could not ha ve been prevented through careful planning and design and if a bypass of control equipment occ urs, that such bypass is necessary to prevent loss of life, personal injury, or severe property d amage.(5) Maintenance. Excess emissions due to schedule d maintenance shall be considered

unavoidable if the source reports as required under subsection (3) of this section and adequately

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

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

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

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

maintenance; and

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

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

exceeded.

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

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

(1) Applicability:

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

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

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

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

emissions would increase as a result of the modific ation.

(2) Completeness Determination: Within thirty day s of receipt of a notice of construction application, ecology or the authority shall either notify the applicant in writing that the applicatio n is complete or notify the applicant in writing of a ll additional information necessary, based uponreview of information already supplied, to complete the application. For a project subject to PSD

review under WAC 173-400-141 a completeness determi nation includes a determination that the application provides all information required to co nduct PSD review.

(3) Final Determination:

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

(b) Every final determination on a notice of const ruction application shall be reviewed and signed prior to issuance by a professional engi neer or staff under the direct supervision of a professional engineer in the employ of ecology or the authority.

(c) If the new source is a major stationary source or the change is a major modification, ecology or the authority shall submit any control t echnology determination included in a final order of approval to the RACT/BACT/LAER clear inghouse maintained by EPA.

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

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

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

(6) Approval to construct or modify a stationary s ource shall become invalid if construction is not commenced within eighteen months after receipt of s uch approval, if construction is discontinuedfor a period of eighteen months or more, or if cons truction is not completed within a reasonable

time. Ecology or the authority may extend the eigh teen-month period upon a satisfactory showing that an extension is justified. This provi sion does not apply to the time period between construction of the approved phases of a phased con struction project; each phase must commence construction within eighteen months of the projecte d and approved commencement date.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) If the offsets are provided by another source, the reductions in emissions from that source must be federally enforceable by the time th e new or modified source commences operation. The new source may not commence operati on before the date such reductions are actually achieved. An emission reduction credi t issued under WAC 173-400-131 may be used to satisfy some or all of the offset requir ements of this subsection.

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

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

nonattainment.

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

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

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

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

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

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

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

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

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

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

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

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

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

nonattainment:

Pollutant Annual

Average 24-Hour

Average 8-Hour

Average 3-Hour

Average 1-Hour

Average

CO-

- 0.5 mg/m 3 2 mg/m 3

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

- 25 ug/m 3 30 ug/m 3

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

- - -

NO 2 1.0 ug/m 3

- - - -

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

subsection.

(4) If the proposed new source is a major stationa ry source or the proposed modification is a major modification for purposes of the PSD program described in WAC 173-400-141, it meets all applicable requirements of that chapter.(5) If the proposed new source or the proposed mod ification will emit any toxic air pollutants

regulated under chapter 173-460 WAC, the source mee ts all applicable requirements of that

program.

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

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

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

(1) Determination of best available retrofit techn ology (BART). Ecology shall identify and analyze each source which may reasonably be anticip ated to cause or contribute to impairment of visibility in any mandatory Class I area in Washing ton and any adjacent state and to determine

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

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

.

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

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

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

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

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

173-400-161 Compliance Schedules.(1) Issuance. Whenever a source is found to be in violation of an emission standard or other

provision of this chapter, ecology or the authority may issue a regulatory order requiring that the source be brought into compliance within a specifie d time. The order shall contain a schedule for

installation, with intermediate benchmark dates and a final completion date, and shall constitute a compliance schedule. Requirements for public invol vement (WAC 173-400-171) must be met.

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

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

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

173-400-171 Public Involvement.

(1) Applicability.

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

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

would result; or

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

PSD rules; or

(c) Any order to determine RACT; or

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

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

boundaries thereof; or

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

(g) An order to authorize a bubble; or

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

emission reduction;(i) An order issued under WAC 173-400-090 which es tablishes limitations on a source's

potential to emit; or

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

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

action. Public notice shall include:

(a) Availability for public inspection in at least one location near the proposed project, of the nonproprietary information submitted by the app licant and of any applicable preliminary determinations, including analyses of t he effect(s) on air quality.

(b) Publication in a newspaper of general circulat ion in the area of the proposed project of

notice:

(i) Giving a brief description of the proposal;

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

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

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

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

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

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

(4) Public hearings. The applicant, any intereste d governmental entity, any group or any person may request a public hearing within the thirty-day period published as above. Any such request shall indicate the interest of the entity filing it and why a hearing is warranted. Ecology or theauthority may, in its discretion, hold a public hea ring if it determines significant public interest

exists. Any such hearing shall be held upon such n otice and at a time(s) and place(s) as ecology or the authority deems reasonable.

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

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

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

173-400-190 Requirements for Nonattainment Areas.

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

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

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

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

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

December 31, 1970;

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

(c) Flares;

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

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

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

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

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

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

stack; or

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

where: H g .= "good engineering practice" (GEP) stack height, measured from the ground level elevation at the base of the stack,

H.= height of nearby structure(s) measured from the ground level elevation at the

base of the stack,

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

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

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

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

(ii) The merging of gas streams where:

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

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

(C) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emis sions control equipment or was carried out for sound economic or engineering r easons, and notprimarily motivated by an intent to gain emissions credit for greater dispersion.

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

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

described in the EPA Guideline for Determination of Good Engineering Practice Height (Technical Support Document of the Stack Height Reg ulations). The creditable height demonstrated by a fluid model or field study shall ensure that the emissions from a stack do not result in excessive concentrations of any air pollu tant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearb y structures or nearby terrain features.

(a) "Nearby," as used in this subsection for conduc ting a field study or fluid model, means not greater than 0.8 km, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten t imes the maximum height of the feature,

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

stack.

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

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

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

173-400-205 Adjustment for Atmospheric Conditions.

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

State effective: 3/22/91; EPA effective: 6/2/95173-400-210 Emission Requirements of Prior Jurisdic tions.

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

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

173-400-220 Requirements for Board Members.

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

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

such matter.

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

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

173-400-230 Regulatory Actions.

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

(1) Enforcement Actions by Ecology--Notice to Viol ators. At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 and 70.94.431, the department of ecology shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged t obe violated, and the facts alleged to constitute a violation thereof, and may include an order that

necessary corrective action be taken within a reaso nable time. In lieu of an order, ecology may require that the alleged violator or violators appe ar before it for the purpose of providing ecology information pertaining to the violation or the char ges complained of. Every notice of violation shall offer to the alleged violator an opportunity to meet with ecology prior to the commencement

of enforcement action.

(2) Civil Penalties.

(a) In addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of chapter 70.94 or 70.120 RCW, or any of the rules in force under such chapters may incur a civil penalty in an amount as set forth in RCW 70.94.431. Each such violation shall be a separate and distinc t offense, and in case of a continuing violation, each day's continuance shall be a separa te and distinct violation.

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

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

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

forecast council.

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

43.21B.300.

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

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

(f) Public or private entities that are recipients or potential recipients of ecology grants,whether for air quality related activities or not, may have such grants rescinded or withheld

by ecology for failure to comply with provisions of this chapter.

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

(3) Assurance of discontinuance. Personnel of eco logy or an authority may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter. Any such assurance shall specify a time limit during which discontinua nce is to be accomplished. Failure to perform the terms of any such assurance shall constitute pr ima facie proof of a violation of this chapter or any order issued thereunder which make the alleged act or practice unlawful for the purpose of securing an injunction or other relief from the sup erior court.

(4) Restraining orders, injunctions. Whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of this chapter, the director, after notice to such person and an opportunity to comply, may petition the superior court of the county wherein the violation is alleged to be occurring or to have occurred for a restraining order or a temporary or permanent inj unction or another appropriate order.

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

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

initiated.

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

173-400-240 Criminal Penalties.

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

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

173-400-250 Appeals.

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

State effective: 9/20/93; EPA effective: 6/2/95173-400-260 Conflict of Interest.

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

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