TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 1 TABLE 2 – ADDITIONAL REGULATIONS APPROVED FOR WASHI NGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION (Applicable in Adams, Asotin, Chelan, Columbia, Dou glas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreill e, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities subject to E nergy Facilities Site Evaluation Council (EFSEC) jurisdiction. These regulations also apply statewide for facilities subject to the applicability sections of WAC 173-405-012, WAC 173- 410-012, and WAC 173-415-012).

WAC 173-400 GENERAL REGULATIONS FOR AIR POLLUTION S OURCES

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 stat ewide, except for specific subsections where a local authority has adopted and implemented corresp onding local rules that apply only to sources subject to local jurisdiction as provided under RCW 70.94.141 and 70.94.331. (2) An authority may 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. Unless properly delegated by ecology, authorities do not have jurisdiction over the follo wing sources: (a) Specific source categories over which the state, by separate regulation, has assumed or hereafter does assume jurisdiction. (b) Automobiles, trucks, aircraft. (c) Those sources under the jurisdiction of th e energy facility site evaluation council. State effective: 12/29/12; EPA effective: 11/3/14TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 2 173-400-030 Definitions. The definitions in this section apply statewide exc ept where a permitting authority has redefined a specific term. Except as provided elsewhere in th is chapter, the definitions in this section apply throughout the chapter: (1) "Actual emissions" means the actual rate o f emissions of a pollutant from an emission unit, as determined in accordance with (a) through (c) of this subsection. (a) In general, actual emissions as of a parti cular date shall equal the average rate, in tons pe r year, at which the emissions unit actually emitted the pollutant during a two-year period which precedes the particular date and which is represent ative of normal source operation. Ecology or an authority shall allow the use of a different tim e period upon a determination that it is more representative of normal source operation. Actual e missions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time perio d. (b) Ecology or an authority may presume that s ource-specific allowable emissions for the unit are equivalent to the actual emissions of the emiss ions unit. (c) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the emissions unit on that date. (2) "Adverse impact on visibility" is defined in WAC 173-400-117. (3) "Air contaminant" means dust, fumes, mist , smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. "Air pollutant" means the same as "air contaminant." (4) "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities, and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life , or property, or which unreasonably interferes with enjoyment of life and property. For the purpos es 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 source calculated using the maximum rated capacity of the source (unless the so urce is subject to federally enforceable limits which restrict the operating rate, or hours of oper ation, or both) and the most stringent of the following: (a) The applicable standards as in 40 C.F.R. P art 60, 61, 62, or 63;TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 3 (b) Any applicable SIP emissions limitation in cluding those with a future compliance date; or (c) The emissions rate specified as a federall y enforceable approval condition, including those with a future compliance date.

(6) "Ambient air" means the surrounding outsi de air.

(7) "Ambient air quality standard" means an e stablished concentration, exposure time, and frequency of occurrence of air contaminant(s) in th e ambient air which shall not be exceeded. (8) "Approval order" is defined in "order of approval." (9) "Attainment area" means a geographic area designated by EPA at 40 C.F.R. Part 81 as having attained the National Ambient Air Quality St andard for a given criteria pollutant. (10) "Authority" means any air pollution cont rol agency whose jurisdictional boundaries are coextensive with the boundaries of one or more coun ties. (11) "Begin actual construction" means, in gen eral, initiation of physical on-site construction activities on an emission unit that are of a perman ent nature. Such activities include, but are not limited to, installation of building supports and f oundations, laying underground pipe work and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change. (12) "Best available control technology (BACT )" means an emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under chapter 70.94 RCW emitted from or which results from any new or m odified stationary source, which the permitting authority, on a case-by-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 a pplication 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 C.F.R. Part 60 and Part 61. 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 Cle an Air Act Amendments of 1990. (13) "Best available retrofit technology (BART )" means 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 technologyTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 4 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. (14) "Brake horsepower (BHP)" means the measur e of an engine's horsepower without the loss in power caused by the gearbox, alternator, di fferential, water pump, and other auxiliary components. (15) "Bubble" means a set of emission limits w hich allows an increase in emissions from a given emissions unit in exchange for a decrease in emissions from another emissions unit pursuant to RCW 70.94.155 and WAC 173-400-120. (16) "Capacity factor" means the ratio of the average load on equipment or a machine for the period of time considered, to the manufacturer's ca pacity rating of the machine or equipment. (17) "Class I area" means any area designated under section 162 or 164 of the Federal Clean Air Act as a Class I area. The following areas are the Class I areas in Washington state: (a) Alpine Lakes Wilderness; (b) Glacier Peak Wilderness; (c) Goat Rocks Wilderness; (d) Mount Adams Wilderness; (e) Mount Rainier National Park; (f) North Cascades National Park; (g) Olympic National Park; (h) Pasayten Wilderness; and (i) Spokane Indian Reservation. (18) "Combustion and incineration units" means units using combustion for waste disposal, steam production, chemical recovery or other proces s requirements; but excludes outdoor burning. (19)(a) "Commence" as applied to construction m eans that the owner or operator has all the necessary preconstruction approvals or permits and either has: (i) Begun, or caused to begin, a continuous pr ogram of actual on-site construction of the source, to be completed within a reasonable time; o rTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 5 (ii) Entered into binding agreements or contra ctual obligations, which cannot be canceled or modified without substantial loss to the owner or o perator, to undertake a program of actual construction of the source to be completed within a reasonable time. (b) For the purposes of this definition, "nece ssary preconstruction approvals" means those permits or orders of approval required under federa l air quality control laws and regulations, including state, local and federal regulations and orders contained in the SIP. (20) "Concealment" means any action taken to r educe the observed or measured concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharged. (21) "Criteria pollutant" means a pollutant for which there is established a National Ambient Air Quality Standard at 40 C.F.R. Part 50. The crit eria pollutants are carbon monoxide (CO), particulate matter, ozone (O3) sulfur dioxide (SO2) , lead (Pb), and nitrogen dioxide (NO2). (22) "Director" means director of the Washingt on state department of ecology or duly authorized representative. (23) "Dispersion technique" means a method tha t attempts to affect the concentration of a pollutant in the ambient air other than by the use of pollution abatement equipment or integral process pollution controls. (24) "Ecology" means the Washington state depa rtment of ecology. (25) "Emission" means a release of air contami nants into the ambient air. (26) "Emission reduction credit (ERC)" means a credit granted pursuant to WAC 173-400- 131. This is a voluntary reduction in emissions. (27) "Emission standard" and "emission limitat ion" means a requirement established under the Federal Clean Air Act or chapter 70.94 RCW whic h limits the quantity, rate, or concentration of emissions of air contaminants on a continuous ba sis, including any requirement relating to the operation or maintenance of a source to assure cont inuous emission reduction and any design, equipment, work practice, or operational standard a dopted under the Federal Clean Air Act or chapter 70.94 RCW. (28) "Emission threshold" means an emission of a listed air contaminant at or above the following rates:

Air Contaminant Annual Emission Rate Carbon monoxide: 100 tons per year Nitrogen oxides: 40 tons per year Sulfur dioxide: 40 tons per yearTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 6 Particulate matter (PM): 25 tons per year of PM emissions 15 tons per year of PM-10 emissions 10 tons per year of PM-2.5 Volatile organic compounds: 40 tons per year Fluorides: 3 tons per year Lead: 0.6 tons per year Sulfuric acid mist: 7 tons per year Hydrogen sulfide (H2S): 10 tons per year Total reduced sulfur (including H2S): 10 tons pe r year Reduced sulfur compounds (including H2S): 10 tons per year

(29) "Emissions unit" or "emission unit" means any part of a stationary source or source which emits or would have the potential to emit any pollutant subject to regulation under the Federal Clean Air Act, chapter 70.94 or 70.98 RCW. (30) "Excess emissions" means emissions of an air pollutant in excess of any applicable emission standard. (31) "Excess stack height" means that portion of a stack which exceeds the greater of sixtyfive meters or the calculated stack height describe d in WAC 173-400-200(2). (32) "Existing stationary facility (facility)" is defined in WAC 173-400-151. (33) "Federal Clean Air Act (FCAA)" means the Federal Clean Air Act, also known as Public Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S .C. 7401 et seq., as last amended by the Clean Air Act Amendments of 1990, P.L. 101-549, Nov ember 15, 1990. (34) "Federal Class I area" means any federal land that is classified or reclassified Class I. The following areas are federal Class I areas in Wa shington state: (a) Alpine Lakes Wilderness; (b) Glacier Peak Wilderness; (c) Goat Rocks Wilderness; (d) Mount Adams Wilderness; (e) Mount Rainier National Park; (f) North Cascades National Park; (g) Olympic National Park; and (h) Pasayten Wilderness.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 7 (35) "Federal land manager" means the secretar y of the department with authority over federal lands in the United States. (36) "Federally enforceable" means all limitat ions and conditions which are enforceable by EPA, including those requirements developed under 4 0 C.F.R. Parts 60, 61, 62 and 63, requirements established within the Washington SIP, requirements within any approval or order established under 40 C.F.R. 52.21 or under a SIP ap proved new source review regulation, and emissions limitation orders issued under WAC 173-40 0-091. (37) "Fossil fuel-fired steam generator" means a device, furnace, or boiler used in the process of burning fossil fuel for the primary purpose of p roducing steam by heat transfer. (38) "Fugitive dust" means a particulate emiss ion made airborne by forces of wind, man's activity, or both. Unpaved roads, construction site s, and tilled land are examples of areas that originate fugitive dust. Fugitive dust is a type of fugitive emission. (39) "Fugitive emissions" means emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent ope ning. (40) "General process unit" means an emissions unit using a procedure or a combination of procedures for the purpose of causing a change in m aterial by either chemical or physical means, excluding combustion. (41) "Good engineering practice (GEP)" refers to a calculated stack height based on the equation specified in WAC 173-400-200 (2)(a)(ii). (42) "Greenhouse gases (GHGs)" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur he xafluoride. (43) "Incinerator" means a furnace used primar ily for the thermal destruction of waste. (44) "In operation" means engaged in activity related to the primary design function of the

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

are (a) Alpine Lakes Wilderness; (b) Glacier Peak Wilderness; (c) Goat Rocks Wilderness; (d) Mount Adams Wilderness;TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 8 (e) Mount Rainier National Park; (f) North Cascades National Park; (g) Olympic National Park; and (h) Pasayten Wilderness; (46) "Masking" means the mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor. (47) "Materials handling" means the handling, t ransporting, loading, unloading, storage, and transfer of materials with no significant chemical or physical alteration. (48) "Modification" means any physical change i n, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted by such source or that results in the emissions of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition o f modification in Section 7411, Title 42, United States Code, and with rules implementing that secti on. (49) "National Ambient Air Quality Standard (NA AQS)" means an ambient air quality standard set by EPA at 40 C.F.R. Part 50 and includ es standards for carbon monoxide (CO), particulate matter, ozone (O3), sulfur dioxide (SO2 ), lead (Pb), and nitrogen dioxide (NO2). (50) "National Emission Standards for Hazardou s Air Pollutants (NESHAPS)" means the federal rules in 40 C.F.R. Part 61. (51) "National Emission Standards for Hazardou s Air Pollutants for Source Categories" means the federal rules in 40 C.F.R. Part 63. (52) "Natural conditions" means naturally occu rring phenomena that reduce visibility as measured in terms of light extinction, visual range , contrast, or coloration. (53) "New source" means: (a) The construction or modification of a stat ionary source that increases the amount of any air contaminant emitted by such source or that resu lts in the emission of any air contaminant not previously emitted; and (b) Any other project that constitutes a new s ource under the Federal Clean Air Act. (54) "New Source Performance Standards (NSPS)" means the federal rules in 40 C.F.R. Part 60. (55) "Nonattainment area" means a geographic a rea designated by EPA at 40 C.F.R. Part 81 as exceeding a National Ambient Air Quality Standar d (NAAQS) for a given criteria pollutant.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 9 An area is nonattainment only for the pollutants fo r which the area has been designated nonattainment. (56) "Nonroad engine" means: (a) Except as discussed in (b) of this subsect ion, a nonroad engine is any internal combustion engine: (i) In or on a piece of equipment that is self -propelled or serves a dual purpose by both propelling itself and performing another function ( such as garden tractors, off-highway mobile cranes and bulldozers); or (ii) In or on a piece of equipment that is int ended to be propelled while performing its function (such as lawnmowers and string trimmers); or (iii) That, by itself or in or on a piece of e quipment, is portable or transportable, meaning designed to be and capable of being carried or move d from one location to another. Indicia of transportability include, but are not limited to, w heels, skids, carrying handles, dolly, trailer, or platform. (b) An internal combustion engine is not a non road engine if: (i) The engine is used to propel a motor vehic le or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Federal Clean Air Act; or (ii) The engine is regulated by a New Source P erformance Standard promulgated under section 111 of the Federal Clean Air Act; or (iii) The engine otherwise included in (a)(iii ) of this subsection remains or will remain at a location for more than twelve consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any sin gle site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a sea sonal source is an engine that remains at a seasonal source during the full annual operating pe riod of the seasonal source. A seasonal source is a stationary source that remains in a single loc ation on a permanent basis (i.e., at least two years) and that operates at that single location ap proximately three months (or more) each year. This paragraph does not apply to an engine after th e engine is removed from the location. (57) "Notice of construction application" mean s a written application to allow construction of a new source, modification of an existing stationar y source or replacement or substantial alteration of control technology at an existing sta tionary source.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 10 (58) "Opacity" means the degree to which an ob ject seen through a plume is obscured, stated as a percentage. (59) "Outdoor burning" means the combustion of material in an open fire or in an outdoor container, without providing for the control of com bustion or the control of the emissions from the combustion. Wood waste disposal in wigwam burne rs or silo burners is not considered outdoor burning. (60) "Order" means any order issued by ecology or a local air authority pursuant to chapter 70.94 RCW, including, but not limited to RCW 70.94. 332, 70.94.152, 70.94.153, 70.94.154, and 70.94.141(3), and includes, where used in the gener ic sense, the terms order, corrective action order, order of approval, and regulatory order. (61) "Order of approval" or "approval order" me ans a regulatory order issued by a permitting 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. (62) "Ozone depleting substance" means any subs tance listed in Appendices A and B to Subpart A of 40 C.F.R. Part 82. (63) "Particulate matter" or "particulates" me ans any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers. (64) "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air a s measured by applicable reference methods, or an equivalent or alternative method specified in Title 40, chapter I of the Code of Federal Regulations or by a test method specified in the SI P. (65) "Parts per million (ppm)" means parts of a contaminant per million parts of gas, by volume, exclusive of water or particulates. (66) "Permitting authority" means ecology or th e local air pollution control authority with jurisdiction over the source. (67) "Person" means an individual, firm, publi c or private corporation, association, partnership, political subdivision, municipality, o r government agency. (68) "PM-10" means particulate matter with an a erodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference m ethod based on 40C.F.R. Part 50 Appendix J and designated in accordance with 40 C.F .R. Part 53 or by an equivalent method designated in accordance with 40 C.F.R. Part 53.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 11 (69) "PM-10 emissions" means finely divided sol id or liquid material, including condensable 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 C.F .R. Part 51 or by a test method specified in the SIP. (70) "PM-2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 C.F.R. Part 50 Appendix L and designated in accordance with 40 C.F .R. Part 53 or by an equivalent method designated in accordance with 40 C.F.R. Part 53. (71) "PM-2.5 emissions" means finely divided s olid or liquid material, including condensable particulate matter, with an aerodynamic diameter le ss than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by an applic able reference method, or an equivalent or alternate method, specified in 40 C.F.R. Part 51 or by a test method specified in the SIP. (72) "Portable source" means a type of station ary source which emits air contaminants only while at a fixed location but which is capable of b eing transported to various locations. Examples include a portable asphalt plant or a portable pack age boiler. (73) "Potential to emit" means the maximum cap acity of a source to emit a pollutant under its physical and operational design. Any physical or op erational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material comb usted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a source. (74) "Prevention of significant deterioration ( PSD)" means the program in WAC 173-400-700 to 173-400-750. (75) "Projected width" means that dimension of a structure determined from the frontal area of the structure, projected onto a plane perpendicular to a line between the center of the stack and the center of the building. (76) "Reasonably attributable" means attributab le by visual observation or any other technique the state deems appropriate. (77) "Reasonably available control technology ( RACT)" means the lowest emission limit that a particular source or source category is capable o f meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an i ndividual source or source category taking into account the impact of the source upon air qual ity, the availability of additional controls, the emission reduction to be achieved by additional con trols, the impact of additional controls on airTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 12 quality, and the capital and operating costs of the additional controls. RACT requirements for any source or source category shall be adopted only after notice and opportunity for comment are afforded. (78) "Regulatory order" means an order issued b y a permitting authority that requires compliance with: (a) Any applicable provision of chapter 70.94 RCW or rules adopted there under; or, (b) Local air authority regulations adopted by the local air authority with jurisdiction over the sources to whom the order is issued. (79) "Secondary emissions" means emissions whic h would occur as a result of the construction or operation of a major stationary sou rce or major modification, but do not come from the major stationary source or major modificat ion itself. Secondary emissions must be specific, well defined, quantifiable, and impact th e same general area as the major stationary source or major modification which causes the secon dary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not incl ude any emissions which come directly from a mobile source such as emissions from the tai lpipe of a motor vehicle, from a train, or from a vessel. (80) "Source" means all of the emissions unit( s) including quantifiable fugitive emissions, that are located on one or more contiguous or adjac ent properties, and are under the control of the same person or persons under common control, wh ose activities are ancillary to the production of a single product or functionally rela ted groups of products. (81) "Source category" means all sources of th e same type or classification. (82) "Stack" means any point in a source desig ned to emit solids, liquids, or gases into the air, including a pipe or duct. (83) "Stack height" means the height of an emi ssion point measured from the ground-level elevation at the base of the stack. (84) "Standard conditions" means a temperature of 20°C (68°F) and a pressure of 760 mm (29.92 inches) of mercury. (85) "State implementation plan (SIP)" or "Was hington SIP" means the Washington SIP in 40 C.F.R. Part 52, subpart WW. The SIP contains state, local and federal regulations and orders, the state plan and compliance schedules approved and pr omulgated by EPA, for the purpose of implementing, maintaining, and enforcing the Nation al Ambient Air Quality Standards.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 13 (86) "Stationary source" means any building, s tructure, facility, or installation which emits or may emit any air contaminant. This term does not in clude 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(11) of the Federa l Clean Air Act. (87) "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge. (88) "Synthetic minor" means any source whose potential to emit has been limited below applicable thresholds by means of an enforceable or der, rule, or approval condition. (89) "Total reduced sulfur (TRS)" means the su m of the sulfur compounds hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide, a nd any other organic sulfides emitted and measured by EPA method 16 in Appendix A to 40 C.F.R . Part 60 or an EPA approved equivalent method and expressed as hydrogen sulfide. (90) "Total suspended particulate" means partic ulate matter as measured by the method described in 40 C.F.R. Part 50 Appendix B. (91) "Toxic air pollutant (TAP)" or "toxic air contaminant" means any toxic air pollutant listed in WAC 173-460-150. The term toxic air pollu tant may include particulate matter and volatile organic compounds if an individual substan ce or a group of substances within either of these classes is listed in WAC 173-460-150. The ter m toxic air pollutant does not include particulate matter and volatile organic compounds a s generic classes of compounds. (92) "Unclassifiable area" means an area that cannot be designated attainment or nonattainment on the basis of available information as meeting or not meeting the National Ambient Air Quality Standard for the criteria pollu tant and that is listed by EPA at 40 C.F.R. Part 81. (93) "United States Environmental Protection A gency (USEPA)" shall be referred to as EPA. (94) "Visibility impairment" means any humanly perceptible change in visibility (light extinction, visual range, contrast, or coloration) from that which would have existed under natural conditions. (95) "Volatile organic compound (VOC)" means a ny carbon compound that participates in atmospheric photochemical reactions. (a) Exceptions. The following compounds are no t a VOC: Acetone; carbon monoxide; carbon dioxide; carbonic acid; metallic carbides or carbon ates; ammonium carbonate; methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichlo roethane (methyl chloroform); 1,1,2- trichloro-1,2,2-trifluoroethane (CFC-113); trichlor ofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromet hane (HCFC-22); trifluoromethane (HFC-TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 14 23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-11 4); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1, 1,2-tetrafluoroethane (HFC-134a); 1,1- dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-d ifluoroethane (HCFC-142b); 2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroet hane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-di fluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branche d, or linear completely methylated siloxanes; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropro pane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5- decafluoropentane (HFC 43-10mee); difluoromethane ( HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2, 3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3 -pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3 ,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chloroflu oromethane (HCFC-31); 1 chloro-1- fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-triflu oroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4- nonafluoro-4-methoxy-butane (C4F9OCH3); 2-(difluoro methoxymethyl)-1,1,1,2,3,3,3- heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy-1,1, 2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3 -heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate, 1,1,1,2,2,3,3-h eptafluoro-3-methoxy-propane (nC3F7OCH3 or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6 ,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3); 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy -4-trifluoromethyl-pentane (HFE-7300); dimethyl carbonate; propylene carbonate; and perflu orocarbon compounds that fall into these classes: (i) Cyclic, branched, or linear completely flu orinated alkanes; (ii) Cyclic, branched, or linear completely fl uorinated ethers with no unsaturations; (iii) Cyclic, branched, or linear completely f luorinated tertiary amines with no unsaturations; and (iv) Sulfur containing perfluorocarbons with n o unsaturations and with sulfur bonds only to carbon and fluorine. (b) For the purpose of determining compliance with emission limits, VOC will be measured by the appropriate methods in 40 C.F.R. Part 60 App endix A. Where the method also measures compounds with negligible photochemical reactivity, these negligibly reactive compounds may be excluded as VOC if the amount of the compounds i s accurately quantified, and the exclusion is approved by ecology, the authority, or EPA. (c) As a precondition to excluding these negli gibly reactive compounds as VOC or at any time thereafter, ecology or the authority may requi re an owner or operator to provide monitoringTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 15 or testing methods and results demonstrating, to th e satisfaction of ecology, the authority, or EPA the amount of negligibly reactive compounds in the source's emissions. (d) The following compounds are VOC for purpos es of all recordkeeping, emissions reporting, photochemical dispersion modeling and in ventory requirements which apply to VOC and shall be uniquely identified in emission report s, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: Tertiary-butyl acetate. State effective: 12/29/12; EPA effective: 11/3/14

173-400-036 Relocation of Portable Sources. (1) Applicability. (a) Portable sources that meet the requirement s of this section may without obtaining a sitespecific or permitting authority-specific order of approval relocate and operate in any jurisdiction in which the permitting authority has adopted this section by reference. The owner or operator of a portable source may file a new notice of construc tion application in compliance with WAC 173-400-110 each time the portable source relocates in lieu of participating in the interjurisdictional provisions in this section. (b) Permitting authority participation in the inter-jurisdictional provisions of this section is optional. This section applies only in those jurisd ictions where the permitting authority has adopted it. Nothing in this section affects a permi tting authority's ability to enter into an agreement with another permitting authority to allo w inter-jurisdictional relocation of a portable source under conditions other than those listed her e except that subsection (2) of this section applies statewide. (c) This section applies to sources that move from the jurisdiction of one permitting authority to the jurisdiction of another permitting authority , inter-jurisdictional relocation. This section does not apply to intra-jurisdictional relocation. (d) Engines subject to WAC 173-400-035 Nonroad engines are not portable sources subject to this section. (2) Portable sources in nonattainment areas. I f a portable source is locating in a nonattainment area and if the source emits the pollutants or poll utant precursors for which the area is classified as nonattainment, then the source must acquire a si te-specific order of approval. (3) Major stationary sources. If a portable so urce is a major stationary source then it must also comply with WAC 173-400-700 through 173-400-750 as applicable.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 16 (4) Relocation requirements. Portable sources are allowed to operate at a new location without obtaining an order of approval from the per mitting authority with jurisdiction over the new location provided that: (a) A permitting authority in Washington state issued a notice of construction order of approval for the portable source after July 1, 2010 , identifying the emission units as a "portable source"; (b) The owner/operator of the portable source submits a relocation notice on a form provided by the permitting authority and a copy of the appli cable portable source order of approval to the permitting authority with jurisdiction over the int ended operation location a minimum of fifteen calendar days before the portable source begins ope ration at the new location; (c) The owner/operator submits the emission in ventory required under WAC 173-400-105 to each permitting authority in whose jurisdiction the portable source operated during the preceding year. The data must be sufficient in detail to enab le each permitting authority to calculate the emissions within its jurisdiction and the yearly ag gregate. (d) Operation at any location under this provi sion is limited to one year or less. Operations lasting more than one year must obtain a site speci fic order of approval. (5) Enforcement of the order of approval. The permitting authority with jurisdiction over the location where a portable source is operating has a uthority to enforce the conditions of the order of approval that authorizes the portable source ope ration, regardless of which permitting authority issued the order of approval. All persons who receive an order of approval must comply with all approval conditions contained in th e order of approval. (6) Change of conditions to orders of approval . To change the conditions in an order of approval, the owner/operator must obtain a new orde r of approval from the permitting authority with jurisdiction over the portable source. (7) Portable source modification. Prior to beg inning actual construction or installation of a modification of a portable source, the owner/operat or must obtain a new order of approval from the permitting authority with jurisdiction over the portable source. State effective: 12/29/12; EPA effective: 11/3/14

173-400-040 General Standards for Maximum Emissions

. (1) All sources and emissions units are required to meet the emission standards of this chapter. Where an emission standard listed in another chapte r is applicable to a specific emissions unit, such standard takes precedence over a general emiss ion standard listed in this chapter. When twoTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 17 or more emissions units are connected to a common s tack and the operator elects not to provide the means or facilities to sample emissions from th e 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. All emissions units are required to use reason ably available control technology (RACT) which may be determined for some sources or source categories to be more stringent than the applicable emission limitations of any chapter of T itle 173 WAC. Where current controls are determined to be less than RACT, the permitting aut hority shall, as provided in RCW 70.94.154, define RACT for each source or source category and issue a rule or regulatory order requiring the installation of RACT. (2) Visible emissions. No person shall cause or allow the emission for more 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 blowi ng/grate 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 allow the soot blowing and grate cleaning necessary to the operation of bo iler facilities. This practice, except for testing and trouble shooting, is to be scheduled for the sa me approximate times each day and the permitting authority must be advised of the schedul e. (b) When the owner or operator of a source sup plies valid data to show that the presence of uncombined water is the only reason for the opacity to exceed twenty percent. (c) When two or more emission units are connec ted to a common stack, the permitting authority may allow or require the use of an altern ate time period if it is more representative of normal operations. (d) When an alternate opacity limit has been e stablished per RCW 70.94.331 (2)(c). (e) Exemptions from twenty percent opacity st andard. (i) Visible emissions reader certification tes ting. Visible emissions from the "smoke generator" used for testing and certification of vi sible emissions readers per the requirements of 40 C.F.R. Part 60, Appendix A, Reference Method 9 a nd ecology methods 9A and 9B shall be exempt from compliance with the twenty percent opac ity limitation while being used for certifying visible emission readers.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 18 (ii) Military training exercises. Visible emis sions resulting from military obscurant training exercises are exempt from compliance with the twent y percent opacity limitation provided the following criteria are met: (A) No visible emissions shall cross the bound ary of the military training site/reservation. (B) The operation shall have in place methods, which have been reviewed and approved by the permitting authority, to detect changes in weat her that would cause the obscurant to cross the site boundary either during the course of the exerc ise or prior to the start of the exercise. The approved methods shall include provisions that resu lt in cancellation of the training exercise, cease the use of obscurants during the exercise unt il weather conditions would allow such training to occur without causing obscurant to leav e the site boundary of the military site/reservation. (iii) Firefighter training. Visible emissions from fixed and mobile firefighter training faciliti es while being used to train firefighters and while co mplying with the requirements of chapter 173- 425 WAC. (3) Fallout. No person shall cause or allow th e emission of particulate matter from any source to be deposited beyond the property under direct co ntrol of the owner or operator of the source in sufficient quantity to interfere unreasonably with the use and enjoyment of the property upon which the material is deposited. (4) Fugitive emissions. The owner or operator of any emissions unit engaging in materials handling, construction, demolition or other operati on which is a source of fugitive emission: (a) If located in an attainment area and not i mpacting any nonattainment area, shall take reasonable precautions to prevent the release of ai r contaminants from the operation. (b) If the emissions unit has been identified as a significant contributor to the nonattainment status of a designated nonattainment area, the owne r or operator 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 air contaminants for which nonattainment has been designated. (5) Odors. Any person who shall cause or allow the generation of any odor from any source or activity which may unreasonably interfere with a ny other property owner's use and enjoyment of his property must use recognized good practice a nd procedures to reduce these odors to a reasonable minimum. (6) Emissions detrimental to persons or propert y. No person shall cause or allow 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.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 19 (7) Sulfur dioxide. No person shall cause or allow the emission of a g as containing sulfur dioxide from any emissions unit in excess of one thousand ppm of sul fur dioxide on a dry basis, corrected to seven percent oxygen for combustion sources, and based on the average of any period of sixty consecutive minutes When the owner or operator of an emissions unit sup plies emission data and can demonstrate to the permitting authority that there is no feasible method of reducing the concentration to less than one thousand ppm (on a dry basis, corrected to seven percent oxygen for combustion sources) and that the state and federal ambient air quality standards for sulfur dioxide will not be exceeded. In such cases, the permitting authority m ay require specific ambient air monitoring stations be established, operated, and maintained b y the owner or operator at mutually approved locations. All sampling results will be made availa ble upon request and a monthly summary will be submitted to the permitting authority. (8) Concealment and masking. No person shall c ause or allow the installation or use of any means which conceals or masks an emission of an air contaminant which would otherwise violate any provisions of this chapter. (9) Fugitive dust. (a) The owner or operator of a source for acti vity that generates fugitive dust must take reasonable precautions to prevent that fugitive dus t from becoming airborne and must maintain and operate the source to minimize emissions. (b) The owner or operator of any existing sour ce or activity that generates fugitive dust that has been identified as a significant contributor to a PM-10 or PM-2.5 nonattainment area is required to use reasonably available control techno logy to control emissions. Significance will be determined by the criteria found in WAC 173-400-113 (4). State effective: 4/1/11; EPA effective: 11/3/14

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

(1) Combustion and incineration emissions units mus t meet all requirements of WAC 173-400- 040 and, in addition, no person shall cause or allo w emissions of particulate matter in excess of 0.23 gram per dry cubic meter at standard condition s (0.1 grain/dscf), except, for an emissions unit combusting wood derived fuels for the producti on of steam. No person shall allow the emission of particulate matter in excess of 0.46 gr am per dry cubic meter at standard conditions (0.2 grain/dscf), as measured by EPA method 5 in Ap pendix A to 40 C.F.R. Part 60, (in effect on July 1, 2012) or approved procedures contained in " Source Test Manual - Procedures ForTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 20 Compliance Testing," state of Washington, departmen t of ecology, as of September 20, 2004, on file at ecology. (2) For any incinerator, no person shall cause or allow emissions in excess of one hundred ppm of total carbonyls as measured by Source Test M ethod 14 procedures contained in "Source Test Manual - Procedures for Compliance Testing," s tate of Washington, department of ecology, as of September 20, 2004, on file at ecology. An ap plicable EPA reference method or other procedures to collect and analyze for the same comp ounds collected in the ecology method may be used if approved by the permitting authority pri or to its use. (a) Incinerators not subject to the requiremen ts of chapter 173-434 WAC or WAC 173-400- 050 (4) or (5), or requirements adopted by referenc e in WAC 173-400-075 (40 C.F.R. 63 subpart EEE) and WAC 173-400-115 (40 C.F.R. 60 subparts E, Ea, Eb, Ec, AAAA, and CCCC) shall be operated only during daylight hours unless written permission to operate at other times is received from the permitting authority. (b) Total carbonyls means the concentration of organic compounds containing the =C=O radical as collected by the Ecology Source Test Met hod 14 contained in "Source Test Manual - Procedures For Compliance Testing," state of Washin gton, department of ecology, as of September 20, 2004, on file at ecology. (3) Measured concentrations for combustion and incineration units shall be adjusted for volumes corrected to seven percent oxygen, except w hen the permitting authority determines that an alternate oxygen correction factor is more repre sentative of normal operations such as the correction factor included in an applicable NSPS or NESHAP, actual operating characteristics, or the manufacturer's specifications for the emission unit. (4) Commercial and industrial solid waste incinerat ion units constructed on or before November 30, 1999. (a) Definitions. (i) "Commercial and industrial solid waste incinera tion (CISWI) unit" means any combustion device that combusts commercial and industrial wast e, as defined in this subsection. The boundaries of a CISWI unit are defined as, but not limited to, the commercial or industrial solid waste fuel feed system, grate system, flue gas syst em, and bottom ash. The CISWI unit does not include air pollution control equipment or the stac k. The CISWI unit boundary starts at the commercial and industrial solid waste hopper (if ap plicable) and extends through two areas: (A) The combustion unit flue gas system, which ends immediately after the last combustion chamber.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 21 (B) The combustion unit bottom ash system, which en ds at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system. (ii) "Commercial and industrial solid waste" means solid waste combusted in an enclosed device using controlled flame combustion without energy re covery that is a distinct operating unit of any commercial or industrial facility (including fi eld erected, modular, and custom built incineration units operating with starved or excess air), or solid waste combusted in an air curtain incinerator without energy recovery that is a disti nct operating unit of any commercial or industrial facility. (b) Applicability. This section applies to incinera tion units that meet all three criteria: (i) The incineration unit meets the definition of C ISWI unit in this subsection. (ii) The incineration unit commenced construction o n or before November 30, 1999. (iii) The incineration unit is not exempt under (c) of this subsection. (c) The following types of incineration units are e xempt from this subsection: (i) Pathological waste incineration units. Incinera tion units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weig ht of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, an d/or chemotherapeutic waste as defined in 40 C.F.R. 60.2265 (in effect on July 1, 2010) are not subject to this section if you meet the two requirements specified in (c)(i)(A) and (B) of this subsection. (A) Notify the permitting authority that the unit m eets these criteria. (B) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste bu rned, and the weight of all other fuels and wastes burned in the unit. (ii) Agricultural waste incineration units. Inciner ation units burning 90 percent or more by weight (on a calendar quarter basis and excluding t he weight of auxiliary fuel and combustion air) of agricultural wastes as defined in 40 C.F.R. 60.2265 (in effect on January 30, 2001) are not subject to this subpart if you meet the two require ments specified in (c)(ii)(A) and (B) of this subsection. (A) Notify the permitting authority that the unit m eets these criteria. (B) Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 22 (iii) Municipal waste combustion units. Incineratio n units that meet either of the two criteria specified in (c)(iii)(A) and (B) of this subsection

. (A) Units are regulated under 40 C.F.R. Part 60, su bpart Ea or subpart Eb (in effect on July 1, 2010); Spokane County Air Pollution Control Authori ty Regulation 1, Section 6.17 (in effect on February 13, 1999); 40 C.F.R. Part 60, subpart AAAA (in effect on July 1, 2010); or WAC 173- 400-050(5). (B) Units burn greater than 30 percent municipal so lid waste or refuse-derived fuel, as defined in 40 C.F.R. Part 60, subparts Ea (in effect on July 1 , 2010), Eb (in effect on July 1, 2010), and AAAA (in effect on July 1, 2010), and WAC 173-400-0 50(5), and that have the capacity to burn less than 35 tons (32 megagrams) per day of municip al solid waste or refuse-derived fuel, if you meet the two requirements in (c)(iii)(B)(I) and (II ) of this subsection. (I) Notify the permitting authority that the unit m eets these criteria. (II) Keep records on a calendar quarter basis of th e weight of municipal solid waste burned, and the weight of all other fuels and wastes burned in the unit. (iv) Medical waste incineration units. Incineration units regulated under 40 C.F.R. Part 60, subpart Ec (Standards of Performance for Hospital/M edical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996 ) (in effect on July 1, 2010); (v) Small power production facilities. Units that m eet the three requirements specified in (c)(v)(A) through (C) of this subsection. (A) The unit qualifies as a small power-production facility under section 3 (17)(C) of the Federal Power Act (16 U.S.C. 796 (17)(C)). (B) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity. (C) You notify the permitting authority that the un it meets all of these criteria. (vi) Cogeneration facilities. Units that meet the t hree requirements specified in (c)(vi)(A) through (C) of this subsection. (A) The unit qualifies as a cogeneration facility u nder section 3 (18)(B) of the Federal Power Act (16 U.S.C. 796 (18)(B)). (B) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industr ial, commercial, heating, or cooling purposes. (C) You notify the permitting authority that the un it meets all of these criteria.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 23 (vii) Hazardous waste combustion units. Units that meet either of the two criteria specified in (c)(vii)(A) or (B) of this subsection. (A) Units for which you are required to get a permi t under section 3005 of the Solid Waste Disposal Act. (B) Units regulated under subpart EEE of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combu stors) (in effect on July 1, 2010). (viii) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters; (ix) Air curtain incinerators. Air curtain incinera tors that burn only the materials listed in (c)(ix)(A) through (C) of this subsection are only required to meet the requirements under "Air Curtain Incinerators" in 40 C.F.R. 60.2245 through 60.2260 (in effect on July 1, 2010). (A) 100 percent wood waste. (B) 100 percent clean lumber. (C) 100 percent mixture of only wood waste, clean l umber, and/or yard waste. (x) Cyclonic barrel burners. See 40 C.F.R. 60.2265 (in effect on July 1, 2010). (xi) Rack, part, and drum reclamation units. See 40 C.F.R. 60.2265 (in effect on July 1, 2010). (xii) Cement kilns. Kilns regulated under subpart L LL of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants from the Por tland Cement Manufacturing Industry) (in effect on July 1, 2010). (xiii) Sewage sludge incinerators. Incineration uni ts regulated under 40 C.F.R. Part 60, (Standards of Performance for Sewage Treatment Plan ts) (in effect on July 1, 2010). (xiv) Chemical recovery units. Combustion units bur ning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. The seven types of units described in (c)(xiv)(A) through (G) of this subsection are cons idered chemical recovery units. (A) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process. (B) Units burning only spent sulfuric acid used to produce virgin sulfuric acid. (C) Units burning only wood or coal feedstock for t he production of charcoal.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 24 (D) Units burning only manufacturing by-product str eams/residues containing catalyst metals which are reclaimed and reused as catalysts or used to produce commercial grade catalysts. (E) Units burning only coke to produce purified car bon monoxide that is used as an intermediate in the production of other chemical compounds. (F) Units burning only hydrocarbon liquids or solid s to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manu facturing processes. (G) Units burning only photographic film to recover silver. (xv) Laboratory analysis units. Units that burn sam ples of materials for the purpose of chemical or physical analysis. (d) Exceptions. (i) Physical or operational changes to a CISWI unit made primarily to comply with this section do not qualify as a "modification" or "reconstructi on" (as defined in 40 C.F.R. 60.2815, in effect on July 1, 2010). (ii) Changes to a CISWI unit made on or after June 1, 2001, that meet the definition of "modification" or "reconstruction" as defined in 40 C.F.R. 60.2815 (in effect on July 1, 2010) mean the CISWI unit is considered a new unit and su bject to WAC 173-400-115, which adopts 40 C.F.R. Part 60, subpart CCCC by reference. (e) A CISWI unit must comply with 40 C.F.R. 60.2575 through 60.2875, in effect on July 1, 2010, which is adopted by reference. The federal ru le contains these major components: Increments of progress towards compliance in 60.257 5 through 60.2630; Waste management plan requirements in 60.2620 throu gh 60.2630; Operator training and qualification requirements in 60.2635 through 60.2665; Emission limitations and operating limits in 60.267 0 through 60.2685; Performance testing requirements in 60.2690 through 60.2725; Initial compliance requirements in 60.2700 through 60.2725; Continuous compliance requirements in 60.2710 throu gh 60.2725; Monitoring requirements in 60.2730 through 60.2735; Recordkeeping and reporting requirements in 60.2740 through 60.2800; Title V operating permits requirements in 60.2805;TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 25 Air curtain incinerator requirements in 60.2810 thr ough 60.2870; Definitions in 60.2875; and Tables in 60.2875. In Table 1, the final control pl an must be submitted before June 1, 2004, and final compliance must be achieved by June 1, 2005. (i) Exception to adopting the federal rule. For pur poses of this section, "administrator" includes the permitting authority. (ii) Exception to adopting the federal rule. For pu rposes of this section, "you" means the owner or operator. (iii) Exception to adopting the federal rule. For p urposes of this section, each reference to "the effective date of state plan approval" means July 1 , 2002. (iv) Exception to adopting the federal rule. The Ti tle V operating permit requirements in 40 C.F.R. 60.2805(a) are not adopted by reference. Eac h CISWI unit, regardless of whether it is a major or nonmajor unit, is subject to the air opera ting permit regulation, chapter 173-401 WAC, beginning on July 1, 2002. See WAC 173-401-500 for the permit application requirements and deadlines. (v) Exception to adopting the federal rule. The fol lowing compliance dates apply: (A) The final control plan (Increment 1) must be su bmitted no later than July 1, 2003. (See Increment 1 in Table 1.) (B) Final compliance (Increment 2) must be achieved no later than July 1, 2005. (See Increment 2 in Table 1.) (5) Small municipal waste combustion units construc ted on or before August 30, 1999. (a) Definition. "Municipal waste combustion unit" m eans any setting or equipment that combusts, liquid, or gasified municipal solid waste including, but not limited to, field-erected combustion units (with or without heat recovery), m odular combustion units (starved air- or excess-air), boilers (for example, steam generating units), furnaces (whether suspension-fired, grate-fired, mass-fired, air-curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion units. Two criteria further define municipal waste combustion units: (i) Municipal waste combustion units do not include the following units: (A) Pyrolysis or combustion units located at a plas tics or rubber recycling unit as specified under the exemptions in this subsection (5)(c)(viii) and (ix).TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 26 (B) Cement kilns that combust municipal solid waste as specified under the exemptions in this subsection (5)(c)(x). (C) Internal combustion engines, gas turbines, or o ther combustion devices that combust landfill gases collected by landfill gas collection systems. (ii) The boundaries of a municipal waste combustion unit are defined as follows. The municipal waste combustion unit includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system, a nd the combustion unit water system. The municipal waste combustion unit does not include ai r pollution control equipment, the stack, water treatment equipment, or the turbine-generator set. The municipal waste combustion unit boundary starts at the municipal solid waste pit or hopper and extends through three areas: (A) The combustion unit flue gas system, which ends immediately after the heat recovery equipment or, if there is no heat recovery equipmen t, immediately after the combustion chamber. (B) The combustion unit bottom ash system, which en ds at the truck loading station or similar equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system. (C) The combustion unit water system, which starts at the feed water pump and ends at the piping that exits the steam drum or superheater. (b) Applicability. This section applies to a munici pal waste combustion unit that meets these three criteria: (i) The municipal waste combustion unit has the cap acity to combust at least 35 tons per day of municipal solid waste but no more than 250 tons perday of municipal solid waste or refusederived fuel. (ii) The municipal waste combustion unit commenced construction on or before August 30, 1999. (iii) The municipal waste combustion unit is not ex empt under (c) of this section. (c) Exempted units. The following municipal waste c ombustion units are exempt from the requirements of this section: (i) Small municipal waste combustion units that com bust less than 11 tons per day. Units are exempt from this section if four requirements are m et: (A) The municipal waste combustion unit is subject to a federally enforceable order or order of approval limiting the amount of municipal solid was te combusted to less than 11 tons per day.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 27 (B) The owner or operator notifies the permitting a uthority that the unit qualifies for the exemption. (C) The owner or operator of the unit sends a copy of the federally enforceable order or order of approval to the permitting authority. (D) The owner or operator of the unit keeps daily r ecords of the amount of municipal solid waste combusted. (ii) Small power production units. Units are exempt from this section if four requirements are met: (A) The unit qualifies as a small power production facility under section 3 (17)(C) of the Federal Power Act (16 U.S.C. 796 (17)(C)). (B) The unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity. (C) The owner or operator notifies the permitting a uthority that the unit qualifies for the exemption. (D) The owner or operator submits documentation to the permitting authority that the unit qualifies for the exemption. (iii) Cogeneration units. Units are exempt from thi s section if four requirements are met: (A) The unit qualifies as a small power production facility under section 3 (18)(C) of the Federal Power Act (16 U.S.C. 796 (18)(C)). (B) The unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity and steam or other forms of energy used for industr ial, commercial, heating, or cooling purposes. (C) The owner or operator notifies the permitting a uthority that the unit qualifies for the exemption. (D) The owner or operator submits documentation to the permitting authority that the unit qualifies for the exemption. (iv) Municipal waste combustion units that combust only tires. Units are exempt from this section if three requirements are met: (A) The municipal waste combustion unit combusts a single-item waste stream of tires and no other municipal waste (the unit can cofire coal, fu el oil, natural gas, or other nonmunicipal solid waste). (B) The owner or operator notifies the permitting a uthority that the unit qualifies for the exemption.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 28 (C) The owner or operator submits documentation to the permitting authority that the unit qualifies for the exemption. (v) Hazardous waste combustion units. Units are exe mpt from this section if the units have received a permit under section 3005 of the Solid W aste Disposal Act. (vi) Materials recovery units. Units are exempt fro m this section if the units combust waste mainly to recover metals. Primary and secondary sme lters may qualify for the exemption. (vii) Cofired units. Units are exempt from this sec tion if four requirements are met: (A) The unit has a federally enforceable order or o rder of approval limiting municipal solid waste combustion to no more than 30 percent of tota l fuel input by weight. (B) The owner or operator notifies the permitting a uthority that the unit qualifies for the exemption. (C) The owner or operator submits a copy of the fed erally enforceable order or order of approval to the permitting authority. (D) The owner or operator records the weights, each quarter, of municipal solid waste and of all other fuels combusted. (viii) Plastics/rubber recycling units. Units are e xempt from this section if four requirements are met: (A) The pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit as defined in 40 C.F.R. 60.1940 (in effect on July 1, 2012). (B) The owner or operator of the unit records the w eight, each quarter, of plastics, rubber, and rubber tires processed. (C) The owner or operator of the unit records the w eight, each quarter, of feed stocks produced and marketed from chemical plants and petroleum ref ineries. (D) The owner or operator of the unit keeps the nam e and address of the purchaser of the feed stocks. (ix) Units that combust fuels made from products of plastics/rubber recycling plants. Units are exempt from this section if two requirements are me t: (A) The unit combusts gasoline, diesel fuel, jet fu el, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane, o r butane produced by chemical plants or petroleum refineries that use feed stocks produced by plastics/rubber recycling units. (B) The unit does not combust any other municipal s olid waste.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 29 (x) Cement kilns. Cement kilns that combust municip al solid waste are exempt. (xi) Air curtain incinerators. If an air curtain in cinerator as defined under 40 C.F.R. 60.1910 (in effect on July 1, 2012) combusts 100 percent yard w aste, then those units must only meet the requirements under 40 C.F.R. 60.1910 through 60.193 0 (in effect on July 1, 2012). (d) Exceptions. (i) Physical or operational changes to an existing municipal waste combustion unit made primarily to comply with this section do not qualif y as a modification or reconstruction, as those terms are defined in 40 C.F.R. 60.1940 (in effect o n July 1, 2012). (ii) Changes to an existing municipal waste combust ion unit made on or after June 6, 2001, that meet the definition of modification or reconstructi on, as those terms are defined in 40 C.F.R. 60.1940 (in effect on July 1, 2012), mean the unit is considered a new unit and subject to WAC 173-400-115, which adopts 40 C.F.R. Part 60, subpar t AAAA (in effect on July 1, 2012). (e) Municipal waste combustion units are divided in to two subcategories based on the aggregate capacity of the municipal waste combustion plant as follows: (i) Class I units. Class I units are small municipa l waste combustion units that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See the defi nition of "municipal waste combustion plant capacity" in 40 C.F.R. 60.1940 (in effect on July 1 , 2012) for the specification of which units are included in the aggregate capacity calculation. (ii) Class II units. Class II units are small munic ipal waste combustion units that are located at municipal waste combustion plants with an aggregate plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. See the definition of "municipal waste combustion plant capacity" in 40 C.F.R. 60.1940 (in effect on July 1, 2012) for the specification of which units are included in the aggregate capaci ty calculation. (f) Compliance option 1. (i) A municipal solid waste combustion unit may cho ose to reduce, by the final compliance date of June 1, 2005, the maximum combustion capacity of the unit to less than 35 tons per day of municipal solid waste. The owner or operator must s ubmit a final control plan and the notifications of achievement of increments of progr ess as specified in 40 C.F.R. 60.1610 (in effect on July 1, 2012). (ii) The final control plan must, at a minimum, inc lude two items: (A) A description of the physical changes that will be made to accomplish the reduction.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 30 (B) Calculations of the current maximum combustion capacity and the planned maximum combustion capacity after the reduction. Use the eq uations specified in 40 C.F.R. 60.1935 (d) and (e) (in effect on July 1, 2012) to calculate th e combustion capacity of a municipal waste combustion unit. (iii) An order or order of approval containing a re striction or a change in the method of operation does not qualify as a reduction in capacity. Use th e equations specified in 40 C.F.R. 60.1935 (d) and (e) (in effect on July 1, 2012) to calculate th e combustion capacity of a municipal waste combustion unit. (g) Compliance option 2. The municipal waste combus tion unit must comply with 40 C.F.R. 60.1585 through 60.1905, and 60.1935 (in effect on July 1, 2012), which is adopted by reference. (i) The rule contains these major components: (A) Increments of progress towards compliance in 60 .1585 through 60.1640; (B) Good combustion practices - Operator training i n 60.1645 through 60.1670; (C) Good combustion practices - Operator certificat ion in 60.1675 through 60.1685; (D) Good combustion practices - Operating requireme nts in 60.1690 through 60.1695; (E) Emission limits in 60.1700 through 60.1710; (F) Continuous emission monitoring in 60.1715 throu gh 60.1770; (G) Stack testing in 60.1775 through 60.1800; (H) Other monitoring requirements in 60.1805 throug h 60.1825; (I) Recordkeeping reporting in 60.1830 through 60.1 855; (J) Reporting in 60.1860 through 60.1905; (K) Equations in 60.1935; (L) Tables 2 through 8. (ii) Exception to adopting the federal rule. For pu rposes of this section, each reference to the following is amended in the following manner: (A) "State plan" in the federal rule means WAC 173- 400-050(5). (B) "You" in the federal rule means the owner or op erator. (C) "Administrator" includes the permitting authori ty.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 31 (D) "The effective date of the state plan approval" in the federal rule means December 6, 2002. (h) Compliance schedule. (i) Small municipal waste combustion units must ach ieve final compliance or cease operation not later than December 1, 2005. (ii) Small municipal waste combustion units must ac hieve compliance by May 6, 2005 for all Class II units, and by November 6, 2005 for all Cla ss I units. (iii) Class I units must comply with these addition al requirements: (A) The owner or operator must submit the dioxins/f urans stack test results for at least one test conducted during or after 1990. The stack test must have been conducted according to the procedures specified under 40 C.F.R. 60.1790 (in ef fect on July 1, 2012). (B) Class I units that commenced construction after June 26, 1987, must comply with the dioxins/furans and mercury limits specified in Tabl es 2 and 3 in 40 C.F.R. Part 60, subpart BBBB (in effect on February 5, 2001) by the later o f two dates: (I) December 6, 2003; or (II) One year following the issuance of an order of approval (revised construction approval or operation permit) if an order or order of approval or operation modification is required. (i) Air operating permit. Applicability to chapter 173-401 WAC, the air operating permit regulation, begins on July 1, 2002. See WAC 173-401 -500 for the permit application requirements and deadlines. State effective: 12/29/12; EPA effective: 11/3/14

173-400-060 Emission Standards for General Process Units. General process units are required to meet all ap plicable provisions of WAC 173-400-040 and, no person shall cause or allow the emission of part iculate 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 (in effect on Februar y 20, 2001) from 40 C.F.R. Parts 51, 60, 61, and 63 and any other approved test procedures which are contained in ecology's "Source Test Manual - Procedures For Compliance Testing" as of J uly 12, 1990, will be used to determine compliance. State effective: 2/10/05; EPA effective: 11/3/14TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 32 173-400-070 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. T he standards set forth in this section shall be the maximum allowable standards for emissions units within the categories listed. Except as specifically provided in this section, such emissio ns units shall not be required to meet the provisions of WAC 173-400-040, 173-400-050 and 173- 400-060. (1) Wigwam and silo burners. (a) All wigwam and silo burners designed to di spose of wood waste must meet all provisions of WAC 173-400-040 (3), (4), (5), (6), (7), (8), an d WAC 173-400-050(4) or 173-400-115 (40 C.F.R. 60 subpart DDDD) as applicable. (b) All wigwam and silo burners must use RACT. All emissions units shall be operated and maintained to minimize emissions. These requirement s may include a controlled tangential vent overfire air system, an adequate underfire system, elimination of all unnecessary openings, a controlled feed and other modifications determined necessary by ecology or the permitting authority. (c) It shall be unlawful to install or increas e the existing use of any burner that does not meet all requirements for new sources including those re quirements specified in WAC 173-400-040 and 173-400-050, except operating hours. (d) The permit authority may establish additio nal requirements for wigwam and silo burners. These requirements may include but shall not be lim ited to: (i) A requirement to meet all provisions of WA C 173-400-040 and 173-400-050. Wigwam and silo burners will be considered to be in compli ance if they meet the requirements contained in WAC 173-400-040(2), visible emissions. An except ion is made for a startup period not to exceed thirty minutes in any eight consecutive hour s. (ii) A requirement to apply BACT. (iii) A requirement to reduce or eliminate emi ssions if ecology establishes that such emissions unreasonably interfere with the use and enjoyment o f the property of others or are a cause of violation of ambient air standards. (2) Hog fuel boilers. (a) Hog fuel boilers shall meet all provisions of WAC 173-400-040 and 173-400-050(1), except that emissions may exceed twenty percent opa city for up to fifteen consecutive minutes once in any eight hours. The intent of this provisi on is to allow soot blowing and grate cleaningTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 33 necessary to the operation of these units. This pra ctice is to be scheduled for the same specific times each day and the permitting authority shall b e notified of the schedule or any changes. (b) All hog fuel boilers shall utilize RACT an d shall be operated and maintained to minimize emissions. (3) Orchard heating. (a) Burning of rubber materials, asphaltic pro ducts, crankcase oil or petroleum wastes, plastic, or garbage is prohibited. (b) It is unlawful to burn any material or ope rate 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 classifi ed 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 shal l meet all provisions of WAC 173-400-040 (2), (3), (4), (5), (6), and (7) and: (i) No person shall cause or allow the emissio n for more than three minutes, in any one hour, of an air contaminant from any catalytic cracking u nit which at the emission point, or within a reasonable distance of the emission point, exceeds forty percent opacity. (ii) No person shall cause or allow the emissi on of particulate material in excess of 0.46 grams per dry cubic meter at standard conditions (0 .20 grains/dscf) of exhaust gas. (b) All new catalytic cracking units shall mee t all provisions of WAC 173-400-115. (6) Other wood waste burners. (a) Wood waste burners not specifically provid ed for in this section shall meet all applicable provisions of WAC 173-400-040. In addition, wood wa ste burners subject to WAC 173-400- 050(4) or 173-400-115 (40 C.F.R. 60 subpart DDDD) m ust meet all applicable provisions of those sections. (b) Such wood waste burners shall utilize RACT and shall be operated and maintained to minimize emissions. (7) Sulfuric acid plants.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 34 No person shall cause to be discharged into th e atmosphere from a sulfuric acid plant, any gases which contain acid mist, expressed as H2SO4, in excess of 0.15 pounds per ton of acid produced. Sulfuric acid production shall be express ed as one hundred percent H2SO4. (8) Municipal solid waste landfills constructed, re constructed, or modified before May 30, 1991. A municipal solid waste landfill (MSW landfill) is an entire disposal facility in a contiguous geographical space where household waste is placed in or on the land. A MSW landfill may also receive other types of waste regulated under Subtit le D of the Federal Recourse Conservation and Recovery Act including the following: Commercia l solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste , and industrial solid waste. Portions of an MSW landfill may be separated by access roads. A MS W landfill may be either publicly or privately owned. A MSW landfill may be a new MSW la ndfill, an existing MSW landfill, or a lateral expansion. All references in this subsectio n to 40 C.F.R. Part 60 rules mean those rules in effect on July 1, 2000.

(a) Applicability. These rules apply to each MSW la ndfill constructed, reconstructed, or modified before May 30, 1991; and the MSW landfill accepted waste at any time since November 8, 1987 or the landfill has additional cap acity for future waste deposition. (See WAC 173-400-115 for the requirements for MSW landfills constructed, reconstructed, or modified on or after May 30, 1991.) Terms in this subsection ha ve the meaning given them in 40 C.F.R. 60.751, except that every use of the word "administ rator" in the federal rules referred to in this subsection includes the "permitting authority."

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

(c) Standards for MSW landfill emissions.

(i) A MSW landfill having a design capacity less th an 2.5 million megagrams or 2.5 million cubic meters must comply with the requirements of 4 0 C.F.R. 60.752(a) in addition to the applicable requirements specified in this section.

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

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

(i) The initial design capacity report for the faci lity is due before September 20, 2001.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 35 (ii) The initial nonmethane organic compound (NMOC) emissions rate report is due before September 20, 2001.

(e) Test methods and procedures.

(i) A MSW landfill having a design capacity equal t o or greater than 2.5 million megagrams and 2.5 million cubic meters must calculate the landfil l nonmethane organic compound emission rates following the procedures listed in 40 C.F.R. 60.754, as applicable, to determine whether the rate equals or exceeds 50 megagrams per year.

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

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

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

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

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

(i) The landfill accepted waste at any time since N ovember 8, 1987, or the landfill has additional design capacity available for future waste depositi on; (ii) The landfill has design capacity greater than or equal to 2.5 million megagrams or 2.5 million cubic meters. The landfill may calculate design cap acity in either megagrams or cubic meters for comparison with the exception values. Any density c onversions shall be documented and submitted with the report; and

(iii) The landfill has a nonmethane organic compoun d (NMOC) emission rate of 50 megagrams per year or greater.

(g) Change in conditions. After the adoption date o f this rule, a landfill that meets all three conditions in (e) of this subsection must comply wi th all the requirements of this section within thirty months of the date when the conditions were met. This change will usually occur because the NMOC emission rate equaled or exceeded the rate of 50 megagrams per year.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 36 (h) Gas collection and control systems.

(i) Gas collection and control systems must meet th e requirements in 40 C.F.R. 60.752 (b)(2)(ii).

(ii) The design plans must be prepared by a license d professional engineer and submitted to the permitting authority within one year after the adop tion date of this section.

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

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

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

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

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

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

(i) Air operating permit.

(i) A MSW landfill that has a design capacity less than 2.5 million megagrams or 2.5 million cubic meters on January 7, 2000, is not subject to the air operating permit regulation, unless the landfill is subject to chapter 173-401 WAC for some other reason. If the design capacity of an exempted MSW landfill subsequently increases to equ al or exceed 2.5 million megagrams or 2.5 million cubic meters by a change that is not a modi fication or reconstruction, the landfill is subject to chapter 173-401 WAC on the date the amen ded design capacity report is due.

(ii) A MSW landfill that has a design capacity equa l to or greater than 2.5 million megagrams or 2.5 million cubic meters on January 7, 2000, is sub ject to chapter 173-401 WAC beginning on the effective date of this section. (Note: Under 40 C.F.R. 62.14352(e), an applicable MSW landfill must have submitted its application so tha t by April 6, 2001, the permitting authority was able to determine that it was timely and complete. Under 40 C.F.R. 70.7(b), no source may operate after the time that it is required to submi t a timely and complete application.)

(iii) When a MSW landfill is closed, the owner or o perator is no longer subject to the requirement to maintain an operating permit for the landfill if the landfill is not subject to chapter 173-401 WAC for some other reason and if either of the following conditions are met:TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 37 (A) The landfill was never subject to the requireme nt for a control system under 40 C.F.R. 62.14353; or

(B) The landfill meets the conditions for control s ystem removal specified in 40 C.F.R. 60.752 (b)(2)(v). State effective: 12/29/12; EPA effective: 11/3/14

173-400-081 Startup and Shutdown. (1) In promulgating technology-based emission sta ndards and making control technology determinations (e.g., BACT, RACT, LAER, BART) the p ermitting authorities will consider any physical constraints on the ability of a source to comply with the applicable standard during startup or shutdown. (2) Where the permitting authority determines that the source or source category, when operated and maintained in accordance with good air pollution control practice, is not capable of achieving continuous compliance with an emission st andard during startup or shutdown, the permitting authority must include in the standard a ppropriate emission limitations, operating parameters, or other criteria to regulate the perfo rmance of the source during startup or shutdown conditions. (3) In modeling the emissions of a source for purposes of demonstrating attainment or maintenance of national ambient air quality standar ds, the permitting 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. (4) Any emission limitation or other parameter adopted under this rule which increases allowable emissions during startup or shutdown cond itions over levels authorized in Washington's state implementation plan shall not ta ke effect until approved by EPA as a SIP amendment. State effective: 4/1/11; EPA effective: 11/3/14

173-400-091 Voluntary Limits on Emissions. (1) Upon request by the owner or operator of a ne w or existing source or stationary source, the permitting authority with jurisdiction over the sou rce shall issue a regulatory order that limits the potential to emit any air contaminant or contaminan ts to a level agreed to by the owner or operator and the permitting authority with jurisdic tion.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 38 (2) A condition contained in an order issued u nder this section shall be less than the source's or stationary source's otherwise allowable annual e missions of a particular contaminant under all applicable requirements of the chapter 70.94 RCW an d the FCAA, including any standard or other requirement provided for in the Washington st ate implementation 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 include monitoring, recordkeeping and reporting requirements sufficient to ensure that the source o r stationary source complies with any condition established under this section. Monitoring requirem ents shall use terms, test methods, units, averaging periods, and other statistical convention s consistent with the requirements of WAC 173-400-105. (4) Any order issued under this section must c omply with WAC 173-400-171. (5) The terms and conditions of a regulatory o rder issued under this section are enforceable. Any proposed deviation from a condition contained i n an order issued under this section shall require revision or revocation of the order. State effective: 4/1/11; EPA effective: 11/3/14

173-400-105 Records, Monitoring, and Reporting. The owner or operator of a source shall upon noti fication 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 operat or(s) of any air contaminant source shall submit an inventory of emissions from the source ea ch year. The inventory will include stack and fugitive emissions of particulate matter, PM-10, PM -2.5, sulfur dioxide, oxides of nitrogen, carbon monoxide, total reduced sulfur compounds (TR S), fluorides, lead, VOCs, ammonia, and other contaminants. The format for the submittal of these inventories will be specified by the permitting authority or ecology. When submittal of emission inventory information is requested, the emissions inventory shall be submitted no later than one hundred five days after the end of the calendar year. The owner(s) or operator(s) shal l maintain records of information necessary to substantiate any reported emissions, consistent wit h the averaging times for the applicable standards. Emission estimates used in the inventory may be based on the most recent published EPA emission factors for a source category, or othe r information available to the owner(s) or operator(s), whichever is the better estimate.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 39 (2) Monitoring. Ecology shall conduct a contin uous surveillance program to monitor the quality of the ambient atmosphere as to concentrati ons and movements of air contaminants. As a part of this program, the 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 presenta tion of appropriate credentials, for the purpose of investigating conditions specific to the control , recovery, or release of air contaminants into the atmosphere, personnel from ecology or an author ity shall have the power to enter at reasonable times upon any private or public propert y, excepting nonmultiple unit private dwellings housing one or two families. (4) Source testing. To demonstrate compliance, ecology or the authority may conduct or require that a test be conducted of the source usin g approved EPA methods from 40 C.F.R. Parts 51, 60, 61 and 63 (in effect on July 1, 2012) or pr ocedures contained in "Source Test Manual - Procedures for Compliance Testing," state of Washin gton, department of ecology, as of September 20, 2004, on file at ecology. The operato r 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. Owner s and operators of the following categories of sources shall install, calibrate, maintain and o perate equipment for continuously monitoring and recording those emissions specified. (a) Fossil fuel-fired steam generators. (i) Opacity, except where: (A) Steam generator capacity is less than two hundred fifty million BTU per hour heat input;

or (B) Only gaseous fuel is burned. (ii) Sulfur dioxide, except where steam genera tor capacity is less than two hundred fifty million BTU per hour heat input or if sulfur dioxid e control equipment is not required. (iii) Percent oxygen or carbon dioxide where s uch measurements are necessary for the conversion of sulfur dioxide continuous emission mo nitoring data. (iv) General exception. These requirements do not apply to a fossil fuel-fired steam generator with an annual average capacity factor of less than thirty percent, as reported to the FederalTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 40 Power Commission for calendar year 1974, or as othe rwise 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 those faciliti es where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds. (c) Fluid bed catalytic cracking units catalys t regenerators at petroleum refineries. Opacity where fresh feed capacity is more than twe nty thousand barrels per day. (d) Wood residue fuel-fired steam generators. (i) Opacity, except where steam generator capa city is less than one hundred million BTU per hour heat input. (ii) Continuous monitoring equipment. The requ irements of (e) of this subsection do not apply to wood residue fuel-fired steam generators, but co ntinuous monitoring equipment required by (d) of this subsection shall be subject to approval by ecology. (e) Owners and operators of those sources requ ired to install continuous monitoring equipment under this subsection shall demonstrate t o ecology or the authority, compliance with the equipment and performance specifications and ob serve the reporting requirements contained in 40 C.F.R. Part 51, Appendix P, Sections 3, 4 and 5 (in effect on May 1, 2012). (f) Special considerations. If for reason of p hysical plant limitations or extreme economic situations, ecology determines that continuous moni toring is not a reasonable requirement, alternative monitoring and reporting procedures wil l be established on an individual basis. These will generally take the form of stack tests conduct ed at a frequency sufficient to establish the emission levels over time and to monitor deviations in these levels. (g) Exemptions. This subsection (5) does not a pply to any emission unit which is: (i) Required to continuously monitor emissions due to a standard or requirement contained in 40 C.F.R. Parts 60, 61, 62, 63, or 75 or a permitti ng authority's adoption by reference of such federal standards. Emission units and sources subje ct to those standards shall comply with the data collection requirements that apply to those st andards. (ii) Not subject to an applicable emission sta ndard.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 41 (6) No person shall make any false material st atement, representation or certification in any form, notice or report required under chapter 70.94 or 70.120 RCW, or any ordinance, resolution, regulation, permit or order in force pursuant there to. (7) Continuous emission monitoring system oper ating requirements. All continuous emission monitoring systems (CEMS) required by 40 C.F.R. Par ts 60, 61, 62, 63, or 75, or a permitting authority's adoption of those federal standards mus t meet the continuous emission monitoring systems (CEMS) performance specifications and data recovery requirements imposed by those standards. All CEMS required under an order, PSD pe rmit, or regulation issued by a permitting authority and not subject to CEMS performance speci fications and data recovery requirements imposed by 40 C.F.R. Parts 60, 61, 62, 63, or 75 mu st follow the continuous emission monitoring rule of the permitting authority, or if the permitting authority does not have a continuous emission monitoring rule, must meet the following requirements: (a) The owner or operator shall recover valid hourly monitoring data for at least 95 percent of the hours that the equipment (required to be monito red) is operated during each calendar month except for periods of monitoring system downtime, p rovided that the owner or operator demonstrated that the downtime was not a result of inadequate design, operation, or maintenance, or any other reasonable preventable co ndition, and any necessary repairs to the monitoring system are conducted in a timely manner. (b) The owner or operator shall install a cont inuous emission monitoring system that meets the performance specification in 40 C.F.R. Part 60, Appendix B in effect at the time of its installation, and shall operate this monitoring sys tem in accordance with the quality assurance procedures in Appendix F of 40 C.F.R. Part 60 in ef fect on May 1, 2012, and the U.S. Environmental Protection Agency's "Recommended Qual ity Assurance Procedures for Opacity Continuous Monitoring Systems" (EPA) 340/1-86-010. (c) Monitoring data commencing on the clock ho ur and containing at least forty-five minutes of monitoring data must be reduced to one hour aver ages. Monitoring data for opacity is to be reduced to six minute block averages unless otherwi se specified in the order of approval or permit. All monitoring data will be included in the se averages except for data collected during calibration drift tests and cylinder gas audits, an d for data collected subsequent to a failed quality assurance test or audit. After a failed quality ass urance test or audit, no valid data is collected until the monitoring system passes a quality assura nce test or audit. (d) Except for system breakdowns, repairs, cal ibration checks, and zero and span adjustments required under subsection (a) of this section, all continuous monitoring systems shall be in continuous operation.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 42 (i) Continuous monitoring systems for measurin g opacity shall complete a minimum of one cycle of sampling and analyzing for each successive ten second period and one cycle of data recording for each successive six minute period. (ii) Continuous monitoring systems for measuri ng emissions other than opacity shall complete a minimum of one cycle of sampling, analyzing, and recording for each successive fifteen minute period. (e) The owner or operator shall retain all mon itoring data averages for at least five years, including copies of all reports submitted to the pe rmitting authority and records of all repairs, adjustments, and maintenance performed on the monit oring system. (f) The owner or operator shall submit a month ly report (or other frequency as directed by terms of an order, air operating permit or regulati on) to the permitting authority within thirty days after the end of the month (or other specified reporting period) in which the data were recorded. The report required by this section may b e combined with any excess emission report required by WAC 173-400-108. This report shall incl ude: (i) The number of hours that the monitored emi ssion unit operated each month and the number of valid hours of monitoring data that the m onitoring system recovered each month; (ii) The date, time period, and cause of each failure to meet the data recovery requirements of (a) of this subsection and any actions taken to ens ure adequate collection of such data; (iii) The date, time period, and cause of each failure to recover valid hourly monitoring data for at least 90 percent of the hours that the equip ment (required to be monitored) was operated each day; (iv) The results of all cylinder gas audits co nducted during the month; and (v) A certification of truth, accuracy, and co mpleteness signed by an authorized representative of the owner or operator. (8) No person shall render inaccurate any moni toring device or method required under chapter 70.94 or 70.120 RCW, or any ordinance, resolution, regulation, permit, or order in force pursuant thereto. State effective: 12/29/12; EPA effective: 11/3/14

173-400-110 New Source Review (NSR) for Sources and Portable Sources. (1) Applicability.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 43 (a) WAC 173-400-110, 173-400-111, 173-400-112, and 173-400-113 apply statewide except where a permitting authority has adopted its own ne w source review regulations. (b) This section applies to new sources and st ationary sources as defined in RCW 70.94.030, and WAC 173-400-030, but does not include nonroad e ngines. (c) For purposes of this section: (i) "Establishment" means to begin actual cons truction; (ii) "New source" includes: (A) A modification to an existing stationary s ource, as "modification" is defined in WAC 173-400-030: (B) The construction, modification, or relocat ion of a portable source as defined in WAC 173- 400-030, except those relocating in compliance with WAC 173-400-036; (C) The establishment of a new or modified tox ic air pollutant source, as defined in WAC 173-460-020; and (D) A major modification to an existing major stationary source, as defined in WAC 173-400- 710 and 173-400-810. (d) New source review of a modification is lim ited to the emission unit or units proposed to be modified and the air contaminants whose emission s would increase as a result of the modification. Review of a major modification must c omply with WAC 173-400-700 through 173-400-750 or 173-400-800 through 173-400-860, as applicable. (e) The procedural requirements pertaining to NOC applications and orders of approval for new sources that are not major stationary sources, as defined in WAC 173-400-710 and 173-400- 810, shall not apply to any person conducting a rem edial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to c hapter 70.105D RCW, Model Toxics Control Act, or to the department of ecology when it conduc ts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure complia nce with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW using the procedures outlined in WAC 17 3-340-710(9) or during a departmentconducted remedial action, through the procedures o utlined in WAC 173-340-710(9). (2) Preconstruction approval requirements. The applicant must evaluate the proposed project and submit an application addressing all applicable new source review requirements of this chapter. (a) A notice of construction application must be filed and an order of approval must be issued by the permitting authority prior to the establishm ent of any new source or modification exceptTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 44 for those new sources or modifications exempt from permitting under subsections (4), (5), and (6) of this section. (b) If the proposed project is a new major sta tionary source or a major modification, located in a designated nonattainment area, and if the proj ect emits the air pollutant or precursors of the air pollutant for which the area is designated nona ttainment, and the project meets the applicability criteria in WAC 173-400-820, then the project is subject to the permitting requirements of WAC 173-400-800 through 173-400-860

. (c) If the proposed project is a new major sta tionary source or a major modification that meets the applicability criteria of WAC 173-400-720, then the project is subject to the PSD permitting requirements of WAC 173-400-700 through173-400-750

. (d) If the proposed project will increase emis sions of toxic air pollutants regulated under chapter 173-460 WAC, then the project must meet all applicable requirements of that program. (3) Modifications. New source review is required for any modifica tion to a stationary source that requires: (a) An increase in a plant-wide cap; or (b) An increase in an emission unit or activit y specific emission limit. (4) Emission unit and activity exemptions.

The construction or modification of emission u nits or an activity in one of the categories listed below is exempt from new source review, prov ided that the modified unit continues to fall within one of the listed categories. The constructi on or modification of an emission unit or an activity exempt under this subsection does not requ ire the filing of a notice of construction application. (a) Maintenance/construction: (i) Cleaning and sweeping of streets and paved surfaces; (ii) Concrete application, and installation; (iii) Dredging wet spoils handling and placeme nt; (iv) Paving application and maintenance. This provision does not exempt asphalt plants from this chapter; (v) Plant maintenance and upkeep activities (g rounds keeping, general repairs, house keeping, plant painting, welding, cutting, brazing, solderin g, plumbing, retarring roofs, etc.);TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 45 (vi) Plumbing installation, plumbing protectiv e coating application and maintenance activities; (vii) Roofing application and maintenance; (viii) Insulation application and maintenance; (ix) Janitorial services and consumer use of j anitorial products; (x) Construction activities that do not result in new or modified stationary sources or portable stationary sources. (b) Storage tanks: Note: It can be difficult to determine requirements for storage tanks. Ecology strongly recommends that an owner or operator contact the pe rmitting authority to determine the exemption status of storage tanks prior to their in stallation. (i) Lubricating oil storage tanks. This provis ion does not exempt wholesale distributors of lubricating oils from this chapter; (ii) Polymer tanks and storage devices and ass ociated pumping and handling equipment, used for solids dewatering and flocculation; (iii) Storage tanks, reservoirs, pumping and h andling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions; (iv) Process and white water storage tanks; (v) Operation, loading and unloading of storag e tanks and storage vessels, with lids or other appropriate closure and less than 260-gallon capaci ty (35 cubic feet); (vi) Operation, loading and unloading of stora ge tanks, ≤ 1100 gallon capacity, with lids or other appropriate closure, not for use with materia ls containing toxic air pollutants, as listed in chapter 173-460 WAC, max. VP 550 mm mercury at 21°C ; (vii) Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas with a vessel capacity less than 40,000 gallons; (viii) Tanks, vessels and pumping equipment, w ith lids or other appropriate closure for storage or dispensing of aqueous solutions of inorg anic salts, bases and acids. (c) New or modified emission units with combin ed aggregate heat inputs to combustion units (excluding emergency engines exempted by subsection (4)(h)(xxxix) of this section), less than or equal to all of the following, as applicable:TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 46 (i) ≤ 500,000 Btu/hr using coal with ≤ 0.5% sulfur or other solid fuels with ≤ 0.5% sulfur; (ii) ≤ 500,000 Btu/hr using used oil, per the requirement s of RCW 70.94.610; (iii) ≤ 400,000 Btu/hr using wood waste or paper; (iv) ≤ 1,000,000 Btu/hr using gasoline, kerosene, #1, or #2 fuel oil and with ≤ 0.05% sulfur; (v) ≤ 4,000,000 Btu/hr using natural gas, propane, or LP G. (d) Material handling: (i) Continuous digester chip feeders; (ii) Grain elevators not licensed as warehouse s or dealers by either the Washington state department of agriculture or the U.S. Department of Agriculture; (iii) Storage and handling of water based lubr icants for metal working where organic content of the lubricant is ≤ 10%; (iv) Equipment used exclusively to pump, load, unload, or store high boiling point organic material in tanks less than one million gallon, mat erial with initial atmospheric boiling point not less than 150°C or vapor pressure not more than 5 m m mercury at 21°C, with lids or other appropriate closure. (e) Water treatment: (i) Septic sewer systems, not including active wastewater treatment facilities; (ii) NPDES permitted ponds and lagoons used so lely for the purpose of settling suspended solids and skimming of oil and grease; (iii) De-aeration (oxygen scavenging) of water where toxic air pollutants as defined in chapter 173-460 WAC are not emitted; (iv) Process water filtration system and demin eralizer vents; (v) Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems; (vi) Demineralizer tanks; (vii) Alum tanks; (viii) Clean water condensate tanks. (f) Environmental chambers and laboratory equi pment:TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 47 (i) Environmental chambers and humidity chambe rs using only gases that are not toxic air pollutants listed in chapter 173-460 WAC; (ii) Gas cabinets using only gases that are no t toxic air pollutants regulated under chapter 173- 460 WAC; (iii) Installation or modification of a single laboratory fume hood; (iv) Laboratory research, experimentation, ana lysis and testing at sources whose primary purpose and activity is research or education. To b e exempt, these sources must not engage in the production of products, or in providing commercial services, for sale or exchange for commercial profit except in a de minimis manner. Pi lot-plants or pilot scale processes at these sources are not exempt. (v) Laboratory calibration and maintenance equ ipment. (g) Monitoring/quality assurance/testing: (i) Equipment and instrumentation used for qua lity control/assurance or inspection purpose; (ii) Hydraulic and hydrostatic testing equipme nt; (iii) Sample gathering, preparation and manage ment; (iv) Vents from emission monitors and other an alyzers. (h) Miscellaneous: (i) Single-family residences and duplexes; (ii) Plastic pipe welding; (iii) Primary agricultural production activiti es including soil preparation, planting, fertilizin g, weed and pest control, and harvesting; (iv) Comfort air conditioning; (v) Flares used to indicate danger to the publ ic; (vi) Natural and forced air vents and stacks f or bathroom/toilet activities; (vii) Personal care activities; (viii) Recreational fireplaces including the u se of barbecues, campfires, and ceremonial fires; (ix) Tobacco smoking rooms and areas; (x) Noncommercial smokehouses;TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 48 (xi) Blacksmith forges for single forges; (xii) Vehicle maintenance activities, not incl uding vehicle surface coating; (xiii) Vehicle or equipment washing (see (c) o f this subsection for threshold for boilers); (xiv) Wax application; (xv) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment not including internal and external combustion equipment; (xvi) Ozone generators and ozonation equipment ; (xvii) Solar simulators; (xviii) Ultraviolet curing processes, to the e xtent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted; (xix) Electrical circuit breakers, transformer s, or switching equipment installation or operation; (xx) Pulse capacitors; (xxi) Pneumatically operated equipment, includ ing tools and hand held applicator equipment for hot melt adhesives; (xxii) Fire suppression equipment; (xxiii) Recovery boiler blow-down tank; (xxiv) Screw press vents; (xxv) Drop hammers or hydraulic presses for fo rging or metal working; (xxvi) Production of foundry sand molds, unhea ted and using binders less than 0.25% free phenol by sand weight; (xxvii) Kraft lime mud storage tanks and proce ss vessels; (xxviii) Lime grits washers, filters and handl ing; (xxix) Lime mud filtrate tanks; (xxx) Lime mud water; (xxxi) Stock cleaning and pressurized pulp was hing down process of the brown stock washer;TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 49 (xxxii) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities and transportation marketing facilities; (xxxiii) Solvent cleaners less than 10 square feet air-vapor interface with solvent vapor pressure not more than 30 mm mercury at 21°C where no toxic air pollutants as listed under chapter 173-460 WAC are emitted; (xxxiv) Surface coating, aqueous solution or s uspension containing ≤ 1% (by weight) VOCs,

or ≤ 1% (by weight) toxic air pollutants as listed in c hapter 173-460 WAC; (xxxv) Cleaning and stripping activities and e quipment using solutions having ≤ 1% VOCs (by weight) or ≤ 1% (by weight) toxic air pollutants. Acid solution s used on metallic substances are not exempt; (xxxvi) Dip coating operations, using material s less than 1% VOCs (by weight) or ≤ 1% (by weight) toxic air pollutants as listed in chapter 1 73-460 WAC. (xxxvii) Abrasive blasting performed inside a booth or hangar designed to capture the blast grit or overspray. (xxxviii) For structures or items too large to be reasonably handled indoors, abrasive blasting performed outdoors that employs control measures su ch as curtailment during windy periods and enclosure of the area being blasted with tarps and uses either steel shot or an abrasive containing less than one percent (by mass) which would pass th rough a No. 200 sieve. (xxxix) Stationary emergency internal combusti on engines with an aggregate brake horsepower that is less than or equal to 500 brake horsepower. (xl) Gasoline dispensing facilities with annua l gasoline throughputs less than those specified in WAC 173-491-040 (4)(a). Gasoline dispensing faci lities subject to chapter 173-491 WAC are exempt from toxic air pollutant analysis pursuant t o chapter 173-460 WAC. (5) Exemptions based on emissions. (a) Except as provided in this subsection: (i) Construction of a new emissions unit that has a potential to emit below each of the levels listed in Table 110(5) Exemption levels is exempt f rom new source review. (ii) A modification to an existing emissions u nit that increases the unit's actual emissions by less than each of the threshold levels listed in Ta ble 110(5) Exemption levels of this subsection is exempt from new source review. (b) Greenhouse gas emissions are exempt from n ew source review requirements except to the extent required under WAC 173-400-720, prevention o f significant deterioration. The owner orTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 50 operator of a source or emission unit, may request that the permitting authority impose emission limits and/or operation limitations for greenhouse gas in any new source review order of approval. Table 110(5) Exemption levels:

POLLUTANT LEVEL (TONS PER YEAR) Carbon monoxide 5.0 Lead 0.005 Nitrogen oxides 2.0 PM-10 0.75 PM-2.5 0.5 Total suspended particulates 1.25 Sulfur dioxide 2.0 Volatile Organic Compounds, total 2.0 Ozone Depleting Substances, total 1.0

Toxic Air Pollutants The de minimis emission rate specified for each TAP in WAC 173-460-150.

(6) Portable source with order of approval. A portable source is authorized to operate without obtaining a site-specific or a permitting a uthority specific approval order to relocate if the portable source complies with the provisions of WAC 173-400-036. State effective: 12/29/12; EPA effective: 11/3/14

173-400-111 Processing Notice of Construction Appli cations for Sources, Stationary Sources and Portable Sources.

WAC 173-400-110, 173-400-111, 173-400-112, and 173- 400-113 apply statewide except where a permitting authority has adopted its own new sour ce review regulations. (1) Completeness determination. (a) Within thirty days after receiving a notic e of construction application, the permitting authority must either notify the applicant in writi ng that the application is complete or notify the applicant in writing of all additional information necessary to complete the application.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 51 (b) A complete application contains all the in formation necessary for processing the application. At a minimum, the application must pro vide information on the nature and amounts of emissions to be emitted by the proposed new sour ce or increased as part of a modification, as well as the location, design, construction, and ope ration of the new source as needed to enable the permitting authority to determine that the cons truction or modification will meet the requirements of WAC 173-400-113. Designating an app lication complete for purposes of permit processing does not preclude the reviewing authorit y from requesting or accepting any additional information. (c) For a project subject to the special prote ction requirements for federal Class I areas under WAC 173-400-117(2), a completeness determination in cludes a determination that the application includes all information required for r eview of that project under WAC 173-400- 117(3). The applicant must send a copy of the appli cation and all amendments to the application to the EPA and the responsible federal land manager

. (d) For a project subject to the major new sou rce review requirements in WAC 173-400-800 through 173-400-860, the completeness determination includes a determination that the application includes all information required for r eview under those sections. (e) An application is not complete until any p ermit application fee required by the permitting authority has been paid. (2) Coordination with chapter 173-401 WAC, ope rating permit regulation. A person seeking approval to construct or modify a source that requi res an operating permit may elect to integrate review of the operating permit application or amend ment required under chapter 173-401 WAC and the notice of construction application required by this section. A notice of construction application designated for integrated review must b e processed in accordance with operating permit program procedures and deadlines in chapter 173-401 WAC and must comply with WAC 173-400-171. (3) Criteria for approval of a notice of const ruction application. An order of approval cannot be issued until the following criteria are met as a pplicable: (a) The requirements of WAC 173-400-112; (b) The requirements of WAC 173-400-113; (c) The requirements of WAC 173-400-117; (d) The requirements of WAC 173-400-171; (e) The requirements of WAC 173-400-200 and 17 3-400-205; (f) The requirements of WAC 173-400-700 throug h173-400-750;TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 52 (g) The requirements of WAC 173-400-800 throug h173-400-860; (h) The requirements of chapter 173-460 WAC; a nd (i) All fees required under chapter 173-455 WA C (or the applicable new source review fee table of the local air pollution control authority) have been paid. (4) Final determination - Time frame and signa ture authority. (a) Within sixty days of receipt of a complete notice of construction application, the permitting authority must either: (i) Issue a final decision on the application; or (ii) Initiate notice and comment for those pro jects subject to WAC 173-400-171 followed as promptly as possible by a final decision. (b) Every final determination on a notice of c onstruction application must be reviewed and signed prior to issuance by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the permitti ng authority. (5) Distribution of the final decision. (a) The permitting authority must promptly pro vide copies of each order approving or denying a notice of construction application to the applicant and to any other party who submitted timely comments on the application, along with a notice advising parties of their rights of appeal to the pollution control hearings board. (b) If the new source is a major stationary so urce or the change is a major modification subject to the requirements of WAC 173-400-800 thro ugh 173-400-860, the permitting authority must: (i) Submit any control technology (LAER) deter mination included in a final order of approval to the RACT/BACT/LAER clearinghouse maintained by E PA; and (ii) Send a copy of the final approval order t o EPA. (6) Appeals. Any conditions contained in an or der of approval, or the denial of a notice of construction application may be appealed to the pol lution control hearings board as provided under chapters 43.21B RCW and 371-08 WAC. (7) Construction time limitations. (a) Approval to construct or modify a stationa ry source becomes invalid if construction is not commenced within eighteen months after receipt of t he approval, if construction is discontinued for a period of eighteen months or more, or if cons truction is not completed within a reasonableTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 53 time. The permitting authority may extend the eight een-month period upon a satisfactory showing by the permittee that an extension is justi fied. (b) The extension of a project that is either a major stationary source, as defined in WAC 173- 400-810, in a nonattainment area or a major modific ation, as defined in WAC 173-400-810, of a major stationary source in a nonattainment area mus t also require LAER, for the pollutants for which the area is classified as nonattainment, as L AER exists at the time of the extension for the pollutants that were subject to LAER in the origina l approval. (c) This provision does not apply to the time period between construction of the approved phases of a phased construction project. Each phase must commence construction within eighteen months of the projected and approved comme nce construction date. (8) Change of conditions or revisions to order s of approval. (a) The owner or operator may request, at any time, a change in the conditions of an approval order and the permitting authority may approve the request provided the permitting authority finds that: (i) The change in conditions will not cause th e source to exceed an emissions standard set by regulation or rule; (ii) No ambient air quality standard will be e xceeded as a result of the change; (iii) The change will not adversely impact the ability of the permitting authority to determine compliance with an emissions standard; (iv) The revised order will continue to requir e BACT for each new source approved by the order except where the Federal Clean Air Act requir es LAER; and (v) The revised order meets the requirements o f WAC 173-400-111, 173-400-112, 173-400- 113, 173-400-720, 173-400-830, and 173-460-040, as applicable. (b) Actions taken under this subsection are su bject to the public involvement provisions of WAC 173-400-171 or the permitting authority's publi c notice and comment procedures. (c) The applicant must consider the criteria i n 40 C.F.R. 52.21 (r)(4) as adopted by reference in WAC 173-400-720 or 173-400-830(3), as applicable , when determining which new source review approvals are required. (9) Fees. Chapter 173-455 WAC lists the requir ed fees payable to ecology for various permit actions. (10) Enforcement. All persons who receive an o rder of approval must comply with all approval conditions contained in the order of appro val.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 54 State effective: 12/29/12; EPA effective: 11/3/14

173-400-112 Requirements for New Sources in Nonatta inment Areas — Review for Compliance with Regulations.

110, 173-400-111, 173-400-112, and 173-400-113 appl y statewide except where a permitting authority has adopted its own new source review reg ulations. The permitting authority that is reviewing an application required by WAC 173-400-11 0(2) to establish a new source in a nonattainment area shall issue the order of approva l if it determines that the proposed project satisfies each of the following requirements: (1) The proposed new source or modification wi ll comply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted 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 wi ll achieve LAER for any air contaminants for which: (a) The area has been designated nonattainment ; and (b)(i) The proposed new source is major; or (ii) The existing source is major and the majo r modification is significant. (3) The proposed new source will employ BACT f or those air contaminants not subject to LAER that the new source will emit or for which the proposed modification will cause an emissions increase. (4) The proposed new source or modification wi ll not cause any ambient air quality standard to be exceeded, will not violate the requirements f or reasonable further progress established by the SIP and will comply with WAC 173-400-113 (3) an d (4) for all air contaminants for which the area has not been designated nonattainment. (5) If the proposal is a new major stationary source or a major modification as those terms are defined in WAC 173-400-810 then it must also comply with WAC 173-400-800 through 173- 400-860.

State effective: 12/29/12; EPA effective: 11/3/14TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 55 173-400-113 New Sources in Attainment or Unclassifi able Areas — Review for Compliance with Regulations.

WAC 173-400-110, 173-400-111, 173-400-112, and 173- 400-113 apply statewide except where a permitting authority has adopted its own new sour ce review regulations. The permitting authority that is reviewing an application to estab lish a new source or modification in an attainment or unclassifiable area shall issue an or der of approval if it determines that the proposed project satisfies each of the following re quirements: (1) The proposed new source or modification wi ll comply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted 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 wi ll employ BACT for all pollutants not previously emitted or whose emissions would increas e as a result of the new source or modification. (3) Allowable emissions from the proposed new source or the increase in emissions from the proposed modification will not cause or contribute to a violation of any ambient air quality standard. If the modeled concentrations of allowabl e emissions from the proposed new source or the increase in emissions from the proposed modific ation are below the levels in Table 4a, the proposed source does not contribute to a violation of an ambient air quality standard. (4)(a) If the projected impact of the allowabl e emissions from the proposed new major stationary source (as defined in WAC 173-400-810) o r the projected impact of the increase in allowable emissions from the proposed major modific ation (as defined in WAC 173-400-810) at any location within a nonattainment area does not e xceed the following levels for the pollutants for which the area has been designated nonattainmen t, then the proposed new source or modification will not be considered to cause or con tribute to a violation of an ambient air quality standard:

Table 4a: Cause or Contribute Threshold Values for Nonattainment Area Impacts

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 μg/m 3 5 μg/m 3 - 25 μg/m 3 30 μg/m 3 PM 10 1.0 μg/m 3 5 μg/m 3 - - -TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 56 PM 2.5 0.3 μg/m3 1.2 μg/m3 NO 2 1.0 μg/m 3 - - - -

(b) If the projected impact of the allowable e missions from the proposed new major stationary source (as defined in WAC 173-400-810) or the proje cted impact of the increase in allowable emissions from the proposed major modification (as defined in WAC 173-400-810) results in a projected impact at any location inside a nonattain ment area above the appropriate value in Table 4a of this section may use an offsetting emission r eduction or other method identified in 40 C.F.R. Part 51 Appendix S, Sections III and IV.A wh ich reduce the projected impacts to the above values or less. If the owner or operator of t he proposed new major stationary source or major source proposed to be modified is unable to r educe emissions or obtain offsetting emissions reductions adequate to reduce modeled imp acts below the values in Table 4a of this section, then the permitting authority shall deny a pproval to construct and operate the proposed new major stationary source or major modification. (5) If the proposal is a new major stationary source or a major modification as defined in WAC 173-400-720, then it must also comply with WAC 173-400-700 through 173-400-750.

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

173-400-118 Designation of Class I, II, and III Are as. (1) Designation. (a) Lands within the exterior boundaries of In dian reservations may be proposed for redesignation by an Indian governing body or EPA. T his restriction does not apply to nontrust lands within the 1873 Survey Area of the Puyallup I ndian Reservation. (b) All areas of the state must be designated either Class I, II or III. (i) The following areas are the Class I areas in Washington state: (A) Alpine Lakes Wilderness; (B) Glacier Peak Wilderness; (C) Goat Rocks Wilderness; (D) Adams Wilderness; (E) Mount Rainier National Park;TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 57 (F) North Cascades National Park; (G) Olympic National Park; (H) Pasayten Wilderness; and (I) Spokane Indian Reservation. 1 (ii) All other areas of the state are Class II , but may be redesignated as provided in subsections (2) and (3) of this section.

1. EPA redesignated this land based on a request from the Spokane Tribal Council. See 40 C.F.R. 52.2497 and 56 FR 14862, April 12, 1991, for detail s. (2) Restrictions on area classifications. (a) Except for the Spokane Indian Reservation, the Class I areas listed in subsection (1) of this section may not be redesignated. (b) Except as provided in (a) of this subsecti on, the following areas that exceed 10,000 acres in size may be redesignated as Class I or II: (i) Areas in existence on August 7, 1977: (A) A national monument; (B) A national primitive area; (C) A national preserve; (D) A national wild and scenic river; (E) A national wildlife refuge; (F) A national lakeshore or seashore; or (G) A national recreation area. (ii) Areas established after August 7, 1977: (A) A national park; (B) A national wilderness area; or (C) Areas proposed by ecology for designation or redesignation. (3) Redesignation of area classifications.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 58 (a) Ecology shall propose the redesignation of an area classification as a revision to the SIP. (b) Ecology may submit to EPA a proposal to re designate areas of the state as Class I or II if: (i) Ecology followed the public involvement pr ocedures in WAC 173-400-171(12); (ii) Ecology explained the reasons for the pro posed redesignation, including a description and analysis of the health, environmental, economic, so cial, and energy effects of the proposed redesignation; (iii) Ecology made available for public inspec tion at least thirty days before the hearing the explanation of the reasons for the proposed redesig nation; (iv) Ecology notified other states, tribal gov erning bodies, and federal land managers (as defined in 40 C.F.R. 52.21 (b)(24)) whose lands may be affected by the proposed redesignation at least thirty days prior to the public hearing; (v) Ecology consulted with the elected leaders hip of local governments in the area covered by the proposed redesignation before proposing the red esignation; and (vi) Ecology followed these procedures when a redesignation includes any federal lands: (A) Ecology notified in writing the appropriat e federal land manager on the proposed redesignation. Ecology allowed forty-five days for the federal land manager to confer with ecology and to submit written comments. (B) Ecology responded to any written comments from the federal land manager that were received within forty-five days of notification. Ec ology's response was available to the public in advance of the notice of the hearing. (I) Ecology sent the written comments of the f ederal land manager, along with ecology's response to those comments, to the public location as required in WAC 173-400-171 (2)(a). (II) If ecology disagreed with the federal lan d manager's written comments, ecology published a list of any inconsistency between the r edesignation and the comments of the federal land manager, together with the reasons for making the redesignation against the recommendation of the federal land manager. (c) Ecology may submit to EPA a proposal to re designate any area other than an area to which subsection (1) of this section applies as Class III if: (i) The redesignation followed the public invo lvement requirements of WAC 173-400-171 and 173-400-118(3);TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 59 (ii) The redesignation has been specifically a pproved by the governor of Washington state, after consultation with the appropriate committees of the legislature if it is in session, or with the leadership of the legislature, if it is not in sess ion; (iii) The redesignation has been approved by l ocal governments representing a majority of the residents of the area to be redesignated. The local governments enacted legislation or passed resolutions concurring in the redesignation; (iv) The redesignation would not cause, or con tribute to, a concentration of any air contaminant which would exceed any maximum allowabl e increase permitted under the classification of any other area or any National Am bient Air Quality Standard; and (v) A PSD permit under WAC 173-400-720 for a n ew major stationary source or major modification could be issued only if the area in qu estion were redesignated as Class III, and material submitted as part of that application was available for public inspection prior to any public hearing on redesignation of the area as Clas s III.

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

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

(1) The requirements of this section apply to an existing stationary facility. An "existing stationary facility" means a stationary source of a ir contaminants that meets all of these conditions: (a) The stationary source must have the potent ial to emit 250 tons per year or more of any air contaminant. Fugitive emissions, to the extent quan tifiable, must be counted in determining the potential to emit; and (b) The stationary source was not in operation prior to August 7, 1962, and was in existence on August 7, 1977; and (c) Is in one of the following 26 source categ ories:

Fossil-fuel fired steam electric plants of more than 250 million British thermal units per hour heat input, Coke oven batteries,

Coal cleaning plants (thermal dryers), Sulfur recovery plants,TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 60 Kraft pulp mills, Carbon black plants (furnace pr ocess), Portland cement plants, Primary lead smelters, Primary zinc smelters, Fuel conversion plants, Iron and steel mill plants, Sintering plants, Primary aluminum ore reduction plants, Secondary metal production facilities, Primary copper smelters, Chemical process plants, Municipal incinerators capable of charging more than 250 tons of refuse per day, Fossil-fuel boilers of more than 250 million British thermal units per hour heat input, Hydrofluoric, sulfuric, and nitric acid plants, Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels, Petroleum refineries, Taconite ore processing fac ilities, Lime plants, Glass fiber processing plants, and Phosphate rock processing plants, Charcoal produc tion facilities.

(d) For purposes of determining whether a stat ionary source is an existing stationary facility, the term "building, structure, facility, or install ation" means all of the pollutant-emitting activities which belong to the same industrial grou ping, are located on one or more contiguous or adjacent properties, and are under the control of t he same person (or persons under common control). Pollutant-emitting activities shall be co nsidered as part of the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended in the 1977 supplement. (2) Ecology shall identify each existing stati onary facility which may reasonably be anticipated to cause or contribute to visibility im pairment in any mandatory Class 1 federal area in Washington and any adjacent state. (3) For each existing stationary facility iden tified under subsection (2) of this section, ecology, in consultation with the permitting author ity shall determine BART for each air contaminant of concern and any additional air pollu tion control technologies that are to be required to reduce impairment from the existing sta tionary facility.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 61 (4) Each existing stationary facility shall ap ply BART as new technology for control of the air contaminant becomes reasonably available if: (a) The existing stationary facility emits the air contaminant contributing to visibility impairment; (b) Controls representing BART for that air co ntaminant have not previously been required under this section; and (c) The impairment of visibility in any mandat ory Class 1 federal area is reasonably attributable to the emissions of the air contaminan t.

State effective: 2/10/05; EPA effective: 11/3/14

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 involvement (WAC 173-400-171) must be met. (2) Federal action. A source shall be considered to be in compliance with this chapter if all the provisions of its individual compliance schedule 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 Notice and Opportunity for Publi c Comment. The purpose of this section is to specify the req uirements for notifying the public about air quality actions and to provide opportunities for th e public to participate in those actions. This section applies statewide except that the requireme nts of WAC 173-400-171 (1) through (11) do not apply where the permitting authority has adopte d its own public notice provisions.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 62 (1) Applicability to prevention of significant deterioration, and relocation of portable sources. This section does not apply to: (a) A notice of construction application desig nated for integrated review with actions regulated by WAC 173-400-700 through 173-400-750. I n such cases, compliance with the public notification requirements of WAC 173-400-740 is req uired. (b) Portable source relocation notices as regu lated by WAC 173-400-036, relocation of portable sources. (2) Internet notice of application. (a) For those applications and actions not sub ject to a mandatory public comment period per subsection (3) of this section, the permitting auth ority must post an announcement of the receipt of notice of construction applications and other pr oposed actions on the permitting authority's internet web site. (b) The internet posting must remain on the pe rmitting authority's web site for a minimum of fifteen consecutive days. (c) The internet posting must include a notice of the receipt of the application, the type of proposed action, and a statement that the public ma y request a public comment period on the proposed action. (d) Requests for a public comment period must be submitted to the permitting authority in writing via letter, fax, or electronic mail during the fifteen-day internet posting period. (e) A public comment period must be provided f or any application or proposed action that receives such a request. Any application or propose d action for which a public comment period is not requested may be processed without further p ublic involvement at the end of the fifteenday internet posting period. (3) Actions subject to a mandatory public comm ent period. The permitting authority must provide public n otice and a public comment period before approving or denying any of the following types of applications or other actions: (a) Any application, order, or proposed action for which a public comment period is requested in compliance with subsection (2) of this section. (b) Any notice of construction application for a new or modified source, including the initial application for operation of a portable source, if there is an increase in emissions of any air pollutant at a rate above the emission threshold ra te (defined in WAC 173-400-030) or anyTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 63 increase in emissions of a toxic air pollutant abov e the acceptable source impact level for that toxic air pollutant as regulated under chapter 173- 460 WAC; or (c) Any use of a modified or substituted air q uality model, other than a guideline model in Appendix W of 40 C.F.R. Part 51 (in effect on May 1 , 2012) as part of review under WAC 173- 400-110, 173-400-113, or 173-400-117; or (d) Any order to determine reasonably availabl e control technology, RACT; or (e) An order to establish a compliance schedul e issued under WAC 173-400-161, or a variance issued under WAC 173-400-180; or Note: Mandatory notice is not required for complian ce orders issued under WAC 173-400-230. (f) An order to demonstrate the creditable hei ght of a stack which exceeds the good engineering practice, GEP, formula height and sixty -five meters, by means of a fluid model or a field study, for the purposes of establishing an em ission limitation; or (g) An order to authorize a bubble; or (h) Any action to discount the value of an emi ssion reduction credit, ERC, issued to a source per WAC 173-400-136; or (i) Any regulatory order to establish best ava ilable retrofit technology, BART, for an existing stationary facility; or (j) Any notice of construction application or regulatory order used to establish a creditable emission reduction; or (k) Any order issued under WAC 173-400-091 tha t establishes limitations on a source's potential to emit; or (l) The original issuance and the issuance of all revisions to a general order of approval issued under WAC 173-400-560 (this does not include covera ge orders); or (m) Any extension of the deadline to begin act ual construction of a "major stationary source" or "major modification" in a nonattainment area; or (n) Any application or other action for which the permitting authority determines that there is significant public interest. (4) Advertising the mandatory public comment p eriod. Public notice of all applications, orders, or actions listed in subsection (3) of this section must be given by prominent advertisement in the area affected by the proposal. Prominent advertisement may be by publication in a newspaper of general circulation i n the area of the proposed action or otherTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 64 means of prominent advertisement in the area affect ed by the proposal. This public notice can be published or given only after all of the informatio n required by the permitting authority has been submitted and after the applicable preliminary dete rminations, if any, have been made. The notice must be published or given before any of the applications or other actions listed in subsection (3) of this section are approved or deni ed. The applicant or other initiator of the action must pay the publishing cost of providing public no tice. (5) Information available for public review. T he information submitted by the applicant, and any applicable preliminary determinations, includin g analyses of the effects on air quality, must be available for public inspection in at least one location near the proposed project. Exemptions from this requirement include information protected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205 and ch apter 173-03 WAC. (6) Public notice components. (a) The notice must include: (i) The name and address of the owner or opera tor and the facility; (ii) A brief description of the proposal and t he type of facility, including a description of the facility's processes subject to the permit; (iii) A description of the air contaminant emi ssions including the type of pollutants and quantity of emissions that would increase under the proposal; (iv) The location where those documents made a vailable for public inspection may be reviewed; (v) A thirty-day period for submitting written comment to the permitting authority; (vi) A statement that a public hearing will be held if the permitting authority determines that there is significant public interest; (vii) The name, address, and telephone number and e-mail address of a person at the permitting authority from whom interested persons m ay obtain additional information, including copies of the permit draft, the application, all re levant supporting materials, including any compliance plan, permit, and monitoring and complia nce certification report, and all other materials available to the permitting authority tha t are relevant to the permit decision, unless the information is exempt from disclosure; (b) For projects subject to special protection requirements for federal Class I areas, as required by WAC 173-400-117, public notice must inc lude an explanation of the permitting authority's draft decision or state that an explana tion of the draft decision appears in the support document for the proposed order of approval.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 65 (7) Length of the public comment period. (a) The public comment period must extend at l east thirty days prior to any hearing. (b) If a public hearing is held, the public co mment period must extend through the hearing date. (c) The final decision cannot be issued until the public comment period has ended and any comments received during the public comment period have been considered. (8) Requesting a public hearing. The applicant , any interested governmental entity, any group, or any person may request a public hearing within t he thirty-day public comment period. All hearing requests must be submitted to the permittin g authority in writing via letter, fax, or electronic mail. A request must indicate the intere st of the entity filing it and why a hearing is warranted. (9) Setting the hearing date and providing hea ring notice. If the permitting authority determines that significant public interest exists, then it will hold a public hearing. The permitting authority will determine the location, d ate, and time of the public hearing. (10) Notice of public hearing. (a) At least thirty days prior to the hearing the permitting authority will provide notice of the hearing as follows: (i) Give public hearing notice by prominent ad vertisement in the area affected by the proposal. Prominent advertisement may be by publica tion in a newspaper of general circulation in the area of the proposed action or other means o f prominent advertisement in the area affected by the proposal; and (ii) Mail the notice of public hearing to any person who submitted written comments on the application or requested a public hearing and in th e case of a permit action, to the applicant. (b) This notice must include the date, time an d location of the public hearing and the information described in subsection (6) of this sec tion. (c) In the case of a permit action, the applic ant must pay all publishing costs associated with meeting the requirements of this subsection. (11) Notifying the EPA. The permitting authori ty must send a copy of the notice for all actions subject to a mandatory public comment perio d to the EPA Region 10 regional administrator. (12) Special requirements for ecology only act ions.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 66 (a) This subsection applies to ecology only ac tions including: (i) A Washington state recommendation to EPA f or the designation of an area as attainment, nonattainment or unclassifiable after EPA promulgat ion of a new or revised ambient air quality standard or for the redesignation of an unclassifia ble or attainment area to nonattainment; (ii) A Washington state submittal of a SIP rev ision to EPA for approval including plans for attainment and maintenance of ambient air quality s tandards, plans for visibility protection, requests for revision to the boundaries of attainme nt and maintenance areas, requests for redesignation of Class I, II, or III areas under WA C 173-400-118, and rules to strengthen the SIP. (b) Ecology must provide a public hearing or a n opportunity for requesting a public hearing on an ecology only action. The notice providing the opportunity for a public hearing must specify the manner and date by which a person may r equest the public hearing and either provide the date, time and place of the proposed hearing or specify that ecology will publish a notice specifying the date, time and place of the hearing at least thirty days prior to the hearing. When ecology provides the opportunity for requesting a p ublic hearing, the hearing must be held if requested by any person. Ecology may cancel the hea ring if no request is received. (c) The public notice for ecology only actions must comply with the requirements of 40 C.F.R. 51.102 in effect on July 1, 2012. (13) Other requirements of law. Whenever proce dures permitted or mandated by law will accomplish the objectives of public notice and oppo rtunity for comment, those procedures may be used in lieu of the provisions of this section.

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

173-400-175 Public Information.

All information, except information protected fro m disclosure under any applicable law, including, but not limited to, RCW 70.94.205, is av ailable for public inspection at the issuing agency. This includes copies of notice of construct ion applications, orders, and applications to modify orders.

State effective: 2/10/05; EPA effective: 11/3/14TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 67 173-400-190 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 public involvement per WAC 173-400-171. State effective: 3/22/91; EPA effective: 6/2/95

173-400-200 Creditable Stack Height and Dispersion Techniques. (1) Applicability. These provisions shall apply t o all sources except: (a) Stacks for which construction had commence d on or before December 31, 1970, except where pollutants are being emitted from such stacks used by sources which were constructed, or reconstructed, or for which major modifications wer e carried out after December 31, 1970; (b) Coal-fired steam electric generating units subject to the provisions of Section 118 of the Federal Clean Air Act, which commenced operation be fore July 1, 1957, and for whose stacks construction commenced before February 8, 1974; (c) Flares; (d) Outdoor burning for agricultural or silvic ultural purposes as covered under the smoke management plan; (e) Residential wood combustion and open burni ng for which episodic restrictions apply. These provisions shall not be construed to lim it the actual stack height. (2) Prohibitions. No source may use dispersion techniques or excess stack height to meet ambient air quality standards or PSD increment limi tations. (a) Excess stack height. Excess stack height i s that portion of a stack which exceeds the greater of: (i) Sixty-five meters, measured from the groun d level elevation at the base of the stack; or (ii) H g = H + 1.5L

where: H g = "good engineering practice" (GEP) stack height, measured from the ground level elevation at the base of the stack, H = height of nearby structure(s) measured from the ground level elevation at the base of the stack,TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 68 L = lesser dimension, height or projected width, of nearby structure(s), subject to the proviso below. "Nearby," as used in this subsection for purpo ses of applying the GEP formula means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 kilometer (1/2 mile). (b) Dispersion techniques. Increasing final ex haust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack p arameters, or combining exhaust gases from several existing stacks into one stack; or other se lective handling of exhaust gas streams so as to increase the exhaust gas plume rise. This does not include: (i) The reheating of a gas stream, following t he use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream; (ii) The merging of gas streams where: (A) The source was originally designed and con structed with such merged gas streams, as demonstrated by the source owner(s) or operator(s). (B) Such merging is part of a change in operat ion at the facility that includes the installation of pollution controls and is accompanied by a net r eduction in the allowable emissions of a pollutant. This exclusion shall apply only to the e mission limitation for the pollutant affected by such change in operation. (C) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equi pment or was carried out for sound economic or engineering reasons, and not primarily motivated by an intent to gain emissions credit for greater dispersion. (3) Exception. EPA, ecology, or a permitting a uthority may require the use of a field study or fluid model to verify the creditable stack height f or the source. This also applies to a source seeking credit after the effective date of this rul e for an increase in existing stack height up to that established by the GEP formula. A fluid model or field study shall be performed according to the procedures described in the EPA Guideline fo r Determination of Good Engineering Practice Height (Technical Support Document of the Stack Height Regulations). The creditable height demonstrated by a fluid model or field study shall ensure that the emissions from a stack do not result in excessive concentrations of any ai r pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the sou rce itself, nearby structures or nearby terrain features. (a) "Nearby," as used in this subsection for c onducting a field study or fluid model, means not greater than 0.8 km, except that the portion of a t errain feature may be considered to be nearbyTABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 69 which falls within a distance of up to ten times th e maximum height of the feature, not to exceed two miles if such feature achieves a height 0.8 km from the stack that is at least forty percent of the GEP stack height or twenty-six meters, whicheve r is greater, as measured from the groundlevel elevation at the base of the stack. The heigh t of the structure or terrain feature is measured from the ground-level elevation at the base of the stack. (b) "Excessive concentration" is defined for t he purpose 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 173-400-720 and 40 C.F.R. 52.21) an excessive concentration alternatively means a maximum ground- level concentration owing to a significant downwash effect which contributes to excursion over a PSD increment. The emission rate used in this demonstration shall be the emission rate sp ecified in the state implementation plan, or in the absence of such, the actual emission rate of th e source. "Significant downwash effect" means a maximum ground-level concentration due to emissio ns from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearb y structures or nearby terrain features which individually is at least forty percent in exc ess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy eff ects.

State effective: 2/10/05; EPA effective: 11/3/14

173-400-205 Adjustment for Atmospheric Conditions Varying the rate of emission of a pollutant accordi ng to atmospheric conditions or ambient concentrations of that pollutant is prohibited, exc ept as directed according to air pollution episode regulations.

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

173-400-210 Emission Requirements of Prior Jurisdic tions Any emissions unit that was under the jurisdiction of an authority and now is under the jurisdiction of ecology, shall meet all emission re quirements that were applicable prior to transfer of jurisdiction if those standards are more stringe nt than the standards of this chapter or the specific chapter relating to that source.

State effective: 3/22/91; EPA effective: 6/2/95TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 70 173-400-220 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 to be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time. In lieu of an order, ecology may require that the alleged violator or violators appear before it for the purpose of providing ecology information pertaining to the violation or the charges complained of. Every notice of violation shall offer to the alleged violator an op portunity to meet with ecology prior to the commencement of enforcement action.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 71 (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 amoun t as set forth in RCW 70.94.431. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violat ion. 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 7 0.94.431 for each day of continued noncompliance. (b) Penalties incurred but not paid shall accrue i nterest, beginning on the ninety-first day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the thirty-first day following final resolution of the appeal. The maximum penalty amounts established in RCW 70.9 4.431 may be increased annually to account for inflation as determined by the state of fice of the economic and revenue forecast council. (c) Each act of commission or omission which procu res, aids, or abets in the violation shall be considered a violation under the provisions of this section and subject to the same penalty. The penalties provided in this section shall 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 estab lished in RCW 70.94.015 or, if recovered by the authority, shall be paid into the treasury of the a uthority and credited to its funds. If a prior penalty for the same violation has been paid to a l ocal authority, the penalty imposed by ecology under subsection (a) of this section shall be reduc ed 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 chapt er.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 72 (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 days late with such p ayments may be subject to a penalty equal to three times the amount 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 injunction 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 c hapter 371-08 WAC.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 73 State effective: 9/20/93; EPA effective: 6/2/95

173-400-260 Conflict of Interest All board members and officials acting or voting on decisions affecting air pollution sources, must comply with the Federal Clean Air Act, as it p ertains to conflict of interest, and 40 CFR 103(d) which is incorporated by reference.

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

173-400-560 General Order of Approval. In lieu of filing a notice of construction applic ation under WAC 173-400-110, the owner or operator may apply for coverage under a general ord er of approval issued under this section. Coverage under a general order of approval satisfie s the requirement for new source review under RCW 70.94.152. (1) Issuance of general orders of approval. A permitting authority may issue a general order of approval applicable to a specific type of emissi on unit or source, not including nonroad engines as defined in section 216 of the Federal Cl ean Air Act, subject to the conditions in this section. A general order of approval shall identify criteria by which an emission unit or source may qualify for coverage under the associated gener al order of approval and shall include terms and conditions under which the owner or operator ag rees to install and/or operate the covered emission unit or source. At a minimum, these terms and conditions shall include: (a) Applicable emissions limitations and/or co ntrol requirements; (b) Best available control technology; (c) Appropriate operational restrictions, such as: (i) Criteria related to the physical size of t he unit(s) covered; (ii) Criteria related to raw materials and fue ls used; (iii) Criteria related to allowed or prohibite d locations; and (iv) Other similar criteria determined by a pe rmitting authority; (d) Monitoring, reporting and recordkeeping re quirements to ensure compliance with the applicable emission limits and control requirements ;TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 74 (e) Appropriate initial and periodic emission testing requirements; (f) Compliance with chapter 173-460 WAC, WAC 1 73-400-112 and 173-400-113 as applicable; (g) Compliance with 40 C.F.R. Parts 60, 61, 62 , and 63; and (h) The application and approval process to ob tain coverage under the specific general order of approval. (2) Public comment. Compliance with WAC 173-40 0-171 is required for a proposed new general order of approval or modification of an exi sting general order of approval. (3) Modification of general orders of approval . A permitting authority may review and modify a general order of approval at any time. Onl y the permitting authority that issued a general order of approval may modify that general o rder of approval. Modifications to general orders of approval shall follow the procedures of t his regulation and shall only take effect prospectively. (4) Application for coverage under a general o rder of approval. (a) In lieu of applying for an individual orde r of approval under WAC 173-400-110, an owner or operator of an emission unit or source may apply for and receive coverage from a permitting authority under a general order of approval if: (i) The owner or operator of the emission unit or source applies for coverage under a general order of approval in accordance with this regulatio n and any conditions of the approval related to application for and granting coverage under the gen eral order of approval; (ii) The emission unit or source meets all the qualifications listed in the requested general order of approval; (iii) The requested emission unit or source is not part of a new major stationary source or major modification of a major stationary source sub ject to the requirements of WAC 173-400- 113 (3) and (4), 173-400-700 through 173-400-750 or 173-400-800 through 173-400-860; and (iv) The requested emission unit or source doe s not trigger applicability of the operating permit program under chapter 173-401 WAC or trigger a required modification of an existing operating permit. (b) Owners or operators of emission units or s ources applying for coverage under a general order of approval shall do so using the forms suppl ied by a permitting authority and include the required fee. The application must include all info rmation necessary to determine qualification for, and to assure compliance with, a general order of approval.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 75 (c) An application shall be incomplete until a permitting authority has received any required fees. (d) The owner or operator of a new source or m odification of an existing source that qualifies for coverage under a general order of approval may not begin actual construction of the new source or modification until its application for co verage has been approved or accepted under the procedures established in subsection (5) of this se ction. (5) Processing applications for coverage under a general order of approval. Each general order of approval shall include a section on how an applicant is to request coverage and how the permitting authority will grant coverage. The secti on of the general order of approval will include either the method in (a) or (b) of this sub section to describe the process for the applicant to be granted coverage. (a) Within thirty days of receipt of an applic ation for coverage under a general order of approval, the permitting authority shall notify an applicant in writing that the application is incomplete, approved, or denied. If an application is incomplete, the permitting authority shall notify an applicant of the information needed to co mplete the application. If an application is denied, the permitting authority shall notify an ap plicant of the reasons why the application is denied. Coverage under a general order of approval is effective as of the date of issuance of approval by the permitting authority. (b) The applicant is approved for coverage und er the general order of approval thirty-one days after an application for coverage is received by th e permitting authority, unless the owner or operator receives a letter from the permitting auth ority, postmarked within thirty days of when the application for coverage was received by the pe rmitting authority, notifying the owner or operator that the emissions unit or source does not qualify for coverage under the general order of approval. The letter denying coverage shall noti fy the applicant of the disqualification and the reasons why coverage is denied. (6) Termination of coverage under a general or der of approval. An owner or operator who has received approval of an application for coverage un der a general order of approval may later request to be excluded from coverage under that gen eral order of approval by applying to the same permitting authority for an individual order o f approval, under WAC 173-400-110, or for coverage under another general order of approval. I f the same permitting authority issues an individual order of approval or other permit or ord er serving the same purpose as the original general order of approval, or approves coverage und er a different general order of approval, coverage under the original general order of approv al is automatically terminated, effective on the effective date of the individual order of appro val, order or permit or new general order of approval.TABLE 2 -- ADDITIONAL REGULATIONS APPROVED FOR WASH INGTON DEPARTMENT OF ECOLOGY (ECOLOGY) DIRECT JURISDICTION – page 76 (7) Failure to qualify or comply. An owner or operator who requests and is granted approval for coverage under a general order of approval shal l be subject to enforcement action for establishment of a new source in violation of WAC 1 73-400-110 if a decision to grant coverage under a general order of approval was based upon er roneous information submitted by the applicant.

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