reglab/statecodes huggingface dataset:
Washington Administrative Code › Title - Northwest Clean Air Agency › 100 - GENERAL PROVISIONS › Sec2 133 - CIVIL PENALTY

Current through Register Vol. 24-14, July 15, 2024
133.1 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 RCW, or any of the rules in
			 force pursuant thereto, including the Regulation of the NWCAA may incur a civil
			 penalty in an amount not to exceed $19,000 per day for each violation. Each
			 such violation shall be a separate and distinct offense, and in the case of a
			 continuing violation, each day's continuance shall be a separate and distinct
			 violation.
Any person who fails to take action as specified by an order
				shall be liable for a civil penalty of not more than $19,000 for each day of
				continued noncompliance.
133.2 The penalty is due and payable 30 days
			 after a notice is served unless an appeal is filed with the Pollution Control
			 Hearings Board (PCHB).
(A) Within 30 days
			 after the Notice is served, the person incurring the penalty may apply in
			 writing to the Control Officer for the remission or mitigation of the penalty.
			 Upon receipt of the application the Control Officer shall remit or mitigate the
			 penalty only upon a demonstration of extraordinary circumstance such as the
			 presence of information or factors not considered in setting the original
			 penalty.
(B) If such penalty is not
			 paid to the NWCAA within 30 days after such payment is due, the Board or
			 Control Officer may direct the attorney for the NWCAA to bring an action to
			 recover the penalty in Superior Court.
(C) Any judgment will bear interest as
			 provided by statute until satisfied.
Washington Administrative Code › Title - Northwest Clean Air Agency › 100 - GENERAL PROVISIONS › Sec2 134 - RESTRAINING ORDERS - INJUNCTIONS

Current through Register Vol. 24-14, July 15, 2024
134.1
			 Notwithstanding the existence or use of any other remedy, 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 provisions of the Regulation
			 of the NWCAA, or any rule, regulation or order issued by the Board or the
			 Control Officer or his authorized agent, the Board, 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.
Washington Administrative Code › Title - Northwest Clean Air Agency › 100 - GENERAL PROVISIONS › Sec2 135 - ASSURANCE OF DISCONTINUANCE

Current through Register Vol. 24-14, July 15, 2024
135.1 The NWCAA may
			 accept an assurance of discontinuance of any act or practice deemed in
			 violation of these Regulations from any person engaging in, or who has engaged
			 in, such an act or practice. Any such assurance shall specify a time limit
			 during which such discontinuance is to be accomplished. Failure to perform the
			 terms of any such assurance shall constitute prima facie proof of a violation
			 of these Regulations or an order issued which makes the practice unlawful for
			 the purpose of securing an injunction or other relief from the Superior Court
			 as provided in Section 134.
Washington Administrative Code › Title - Northwest Clean Air Agency › 100 - GENERAL PROVISIONS › Sec2 140 - REPORTING BY GOVERNMENT AGENCIES

Current through Register Vol. 24-14, July 15, 2024
140.1 State and
			 Federal agencies, within the jurisdiction of the NWCAA, which are required by
			 State and Federal law to abide by the Regulation of the NWCAA shall notify the
			 NWCAA, prior to construction of any facility which has the potential to create
			 air pollution, the name and location of the agency involved, the nature of the
			 construction and the type and quantity of equipment involved and the type and
			 quantity of pollutants involved.
140.2 All governmental agencies which lie
			 wholly or partially within the jurisdiction of the NWCAA, including but not
			 limited to city and county planning agencies which recommend or adopt land-use
			 and zoning regulations including the issuance of variances such as conditional
			 or special use permits for the construction of any facilities which they have
			 reason to believe may emit air pollutants; shall notify the NWCAA of any such
			 action or construction prior to recommending or adopting of such regulations or
			 the issuance of any such permits.
Washington Administrative Code › Title - Northwest Clean Air Agency › 100 - GENERAL PROVISIONS › Sec2 150 - POLLUTANT DISCLOSURE - REPORTING BY AIR CONTAMINANT SOURCES

Current through Register Vol. 24-14, July 15, 2024
150.1 Every person
			 operating a registered air contaminant source with actual annual emissions of
			 25 tons or more of a single air pollutant or a source subject to the operating
			 permit program shall file annually at a time determined by the NWCAA and on
			 forms furnished by the NWCAA a report setting forth:
150.11 The nature of the
			 enterprise.
150.12 A list of
			 process materials which are potentially significant sources of emissions used
			 in, and incidental to, its manufacturing processes, including by-products and
			 waste products.
150.13 The
			 estimated calendar year emissions of each criteria air pollutant, hazardous air
			 pollutant and volatile organic compounds (VOC). Every person filing an annual
			 emissions inventory shall retain at the facility the calculations and emission
			 factors used to obtain the estimates.
150.14 Annual calendar year emission reports
			 shall be submitted to the NWCAA by no later than April 15 of the following year
			 (e.g., 2010 emission report is due April 15, 2011). If the emission report is
			 not submitted by the required date and the emissions are used to determine
			 operating permit fees as described in Section 322.4, potential to emit may be
			 used to determine said fees.
Washington Administrative Code › Title - Northwest Clean Air Agency › 100 - GENERAL PROVISIONS › Sec2 155 - STATE ENVIRONMENTAL POLICY ACT

Current through Register Vol. 24-14, July 15, 2024
155.1 Authority
(A) NWCAA adopts these policies and
			 procedures under State Environmental Policy Act (SEPA), RCW  43.21C.120, and the
			 SEPA Rules, Washington Administrative Code (WAC) 197-11-904, with respect to
			 its performance of or participation in environmental review.
(B) The SEPA Rules set forth in Chapter
			 197-11 WAC must be used in conjunction with these policies and
			 procedures.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 300 - NEW SOURCE REVIEW

Current through Register Vol. 24-14, July 15, 2024
300.1 A Notice of
			 Construction and/or PSD permit application must be filed by the owner or
			 operator and an Order of Approval and/or PSD permit issued by the NWCAA, or
			 other designated permitting agency, prior to the establishment of any new
			 source, except for:
a) Those stationary
			 sources exempt under NWCAA 300.4 (categorical) or NWCAA 300.5 (emission
			 thresholds); and
b) Relocation of
			 any temporary source operating in accordance with NWCAA Section 301.
For purposes of this section "establishment" shall mean to
				"begin actual construction", as that term is defined in NWCAA Section 200, and
				"new source" shall include any "modification" to an existing "stationary
				source", as those terms are defined in NWCAA Section 200.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 303 - WORK DONE WITHOUT AN APPROVAL

Current through Register Vol. 24-14, July 15, 2024
Where work for which a "Notice of Construction and Application
				for Approval" is required is commenced or performed prior to making application
				and receiving approval, the Control Officer may conduct an investigation as
				part of the Notice of Construction review. In such a case, an investigation
				fee, in addition to the fees of Section 324.2, shall be assessed in an amount
				equal to 3 times the fees of Section 324.2. Payment of the fees does not
				relieve any person from the requirement to comply with any air regulation nor
				from any penalties for failure to comply.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 305 - PUBLIC INVOLVEMENT

Current through Register Vol. 24-14, July 15, 2024
305.1 Internet
			 Notice
(A) A notice shall be published on the
			 NWCAA website for each Notice of Construction (NOC) application received by the
			 NWCAA, and for each proposed revision to an Order of Approval to Construct
			 (OAC) for which there is no associated NOC application. The internet notice
			 shall remain on the NWCAA website for a minimum of 15 consecutive days and
			 shall include the following information:
(1)
			 name and location of the affected facility,
(2) brief description of the proposed action,
			 and
(3) a statement that a public
			 comment period may be requested within 15 days of the initial date of the
			 internet posting.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 309 - REASONABLY AVAILABLE CONTROL TECHNOLOGY

Current through Register Vol. 24-14, July 15, 2024
309.1 Reasonably
			 Available Control Technology (RACT) is required for all existing sources except
			 as otherwise provided in RCW  70.94.331(9).
309.2 Where current controls are determined
			 by the NWCAA to be less than RACT, the NWCAA shall define RACT for that source
			 or source category and issue a rule or an order under NWCAA 121 requiring the
			 installation of RACT.
309.3 RACT
			 for each source category containing three or more sources shall be determined
			 by rule, except as provided in NWCAA 309.4.
309.4 Source-specific RACT determinations may
			 be performed under any of the following circumstances:
(A) For replacement or substantial alteration
			 of existing control equipment under NWCAA 300.13;
(B) When required by the federal Clean Air
			 Act;
(C) For sources in source
			 categories containing fewer than three sources;
(D) When an air quality problem, for which
			 the source is a contributor, justifies a source-specific RACT determination
			 prior to development of a categorical RACT rule; or
(E) When a source-specific RACT determination
			 is needed to address either specific air quality problems, for which the source
			 is a significant contributor, or source-specific economic concerns.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 320 - REGISTRATION PROGRAM

Current through Register Vol. 24-14, July 15, 2024
320.1 Program
			 Authority, Applicability and Purpose. As authorized by RCW  70.94.151, the
			 Board, by this Regulation, classifies air contaminant sources which may cause
			 or contribute to air pollution. This classification is made according to levels
			 and types of emissions and other characteristics that cause or contribute to
			 air pollution. The Board requires both registration and reporting for these
			 classes of air contaminant sources. The classifications are made for the entire
			 area of jurisdiction of the NWCAA and are made with special reference to
			 effects on health, economic and social factors, and physical effects on
			 property. Information collected through the registration program is used to
			 evaluate the effectiveness of air pollution control strategies and to verify
			 source compliance with applicable air pollution requirements.
320.2 Registration and Reporting. Any person
			 operating or responsible for the operation of an air contaminant source for
			 which registration and reporting are required, shall register the source with
			 the NWCAA. The owner or operator shall make reports to the NWCAA containing
			 information as may be required by the NWCAA concerning location, size, and
			 height of contaminant outlets, processes employed, nature of the air
			 contaminant emission, and such other information as is relevant to air
			 pollution and available or reasonably capable of being assembled.
320.3 Annual Registration Fees. An annual
			 registration fee shall be paid by all registered sources
.
The
			 Board has determined the fee for each class of air contaminant source to be as
			 shown in Section 324.1. The amount of fees collected shall not exceed the costs
			 of administering this registration program, which shall be defined as:
a) initial registration and annual or other
			 periodic reports from the source owner or operator providing the information
			 directly related to air pollution registration;
b) on-site inspections necessary to verify
			 compliance with registration requirements;
c) data storage and retrieval systems
			 necessary for support of the registration program;
d) emission inventory reports and emission
			 reduction credits computed from information provided by sources pursuant to the
			 requirements of the registration program;
e) staff review, including engineering
			 analysis for accuracy and completeness, of information provided by sources
			 pursuant to the requirements of the registration program;
f) clerical and other office support provided
			 in direct furtherance of the registration program; and
g) administrative support provided in
			 directly carrying out the registration program.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 321 - EXEMPTIONS FROM REGISTRATION

Current through Register Vol. 24-14, July 15, 2024
Exclusion from registration does not absolve the owner, lessee,
				or his registered agent from all other requirements of the Regulation of the
				NWCAA. Exemption from registration does not apply to any control facility or
				device required to be installed in order to meet the emission and/or ambient
				standards of this Regulation.
The following sources of air pollution are exempt from
				registration:
321.1 Motor
			 vehicles.
321.2 Non-road engines
			 (as defined in Section 216 of the FCAA).
321.3 Non-road vehicles (as defined in
			 Section 216 of the FCAA).
321.4
			 Sources that require an air operating permit per Chapter 173-401 WAC.
321.5 The Control Officer may exempt sources
			 having the potential to emit (uncontrolled) criteria air pollutants under the
			 following thresholds:
a) 5 tons per year of
			 carbon monoxide (CO);
b) 2 tons per
			 year of nitrogen oxides (NOX);
c) 2 tons per year of sulfur dioxide
			 (SO2);
d)
			 1.25 tons per year of particulate matter (PM);
e) 0.75 tons per year of fine particulate
			 matter (PM10);
f) 2 tons per year of volatile organic
			 compounds (VOC's);
g) 0.005 tons
			 per year of lead.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 324 - FEES

Current through Register Vol. 24-14, July 15, 2024
324.1 Annual
			 Registration Fees
(A) All registered air
			 pollution sources shall pay the appropriate fee(s), which shall be established
			 to cover the cost of administering the program, adjusted periodically based on
			 the three-year average change of the "December annual average -
			 Seattle/Tacoma/Bremerton Consumer Price Index for all Urban Consumers", rounded
			 to the nearest dollar or other index, as set forth in the current fee schedule
			 adopted by Resolution of the Board of Directors of the NWCAA.
(B) Upon assessment by the NWCAA,
			 registration fees are due and payable. A source shall be assessed a late
			 penalty in the amount of 25 percent of the registration fee for failure to pay
			 the registration fee within 30 days after the due date. The late penalty shall
			 be in addition to the registration fee.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 325 - TRANSFER OR PERMANENT SHUTDOWN

Current through Register Vol. 24-14, July 15, 2024
325.1 A
			 registration, regulatory order, approval to construct, operate or use any
			 article, machine, equipment, or other contrivance, shall not be transferable,
			 whether by operation of law or otherwise, either from one location to another
			 or from one piece of equipment to another provided that, registered sources
			 which are designed to be portable and are moved from one location to another
			 may retain the same registration so long as they abide by the requirements of
			 NWCAA Sections 300 and 301.
325.2
			 The registered owner or operator shall report the transfer of ownership or
			 permanent shutdown of a registered source to the NWCAA within ninety (90) days
			 of shutdown or transfer. The report shall contain the following information:
a) Legal name of the existing business as
			 registered with the NWCAA;
b)
			 Effective date of the shutdown or transfer;
c) Description of the affected emission
			 units; and
d) Name and telephone
			 number of the owner, operator, and authorized representative.
e) The new legal name of the business, and
			 legal names and contact information for the owner, operator and registered
			 agent.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 340 - REPORT OF BREAKDOWN AND UPSET

Current through Register Vol. 24-14, July 15, 2024
340.1 If a
			 breakdown or upset condition occurs which results in or may have resulted in an
			 exceedance of an emission and/or ambient air quality standard established by
			 this Regulation or an emission release to the air that requires NWCAA
			 notification as specified in    40 CFR 302 (CERCLA) or  40 CFR 355 (SARA), the
			 owner or operator of the source shall take the following actions:
a) The upset or breakdown shall be reported
			 as promptly as possible and in no event later than twelve (12) hours to the
			 NWCAA.
b) For Title V Air Operating
			 Permit sources, the responsible official, or their designee, shall submit a
			 full report no later than 30 days after the end of the calendar month in which
			 the breakdown or upset occurred that resulted in an exceedance of an ambient or
			 emission standard of this Regulation. The report shall be submitted on forms
			 provided by the NWCAA and must include, at a minimum, the known causes,
			 corrective action taken, preventive measures put in place to reduce the
			 possibility of or eliminate a recurrence, and an estimate of the quantity of
			 emissions above the applicable limit caused by the event. Other non-Title V Air
			 Operating Permit sources shall file a full report to the NWCAA within 30 days
			 upon the request of the Control Officer.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 341 - REPORT OF SHUTDOWN OR STARTUP

Current through Register Vol. 24-14, July 15, 2024
341.1 If the
			 operator of any air contaminant source registered in the NWCAA jurisdiction or
			 operating under a Title V air operating permit issued by the NWCAA schedules a
			 total or partial shutdown or startup of control or process equipment that the
			 source reasonably believes would result in emissions which may temporarily
			 exceed an emission standard of this Regulation; the operator or owner of the
			 source shall notify the NWCAA in advance of the shutdown or startup.
341.2 The advanced notification shall include
			 a general schedule of steps to be taken to minimize the release of air
			 contaminants to the atmosphere including the reasons for and duration of the
			 proposed shutdown or startup, the nature of the action to be taken, the date
			 and time for the action and an estimate of the anticipated rate and
			 concentration of emission.
341.3
			 Compliance with the requirements of this section does not relieve the owner or
			 operator of the source from the responsibility to maintain continuous
			 compliance with the requirements of this Regulation nor from the resulting
			 liabilities for failure to comply.
341.4 Excess emissions due to shutdown or
			 startup shall be considered unavoidable, and not subject to penalty, provided
			 the stationary source adequately demonstrates that the excess emissions could
			 not have been prevented through careful planning and design, the emissions did
			 not result in a violation of an ambient air quality standard and if a bypass of
			 control equipment occurs, that such bypass is necessary to prevent loss of
			 life, personal injury, or severe property damage.
341.5 For Title V Air Operating Permit
			 sources, the responsible official, or their designee, shall submit a full
			 report no later than 30 days after the end of the calendar month in which the
			 shutdown or startup occurred that resulted in an exceedance of an ambient or an
			 emission standard of this Regulation. The report shall be submitted on forms
			 provided by the NWCAA and must include, at minimum, the known causes,
			 corrective action taken, preventive measures put in place to reduce the
			 possibility of or eliminate a recurrence, and an estimate of the quantity of
			 emissions above the applicable limit caused by the event. Other non-Title V Air
			 Operating Permit sources shall file a full report to the NWCAA within 30 days
			 upon the request of the Control Officer.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 342 - OPERATION AND MAINTENANCE

Current through Register Vol. 24-14, July 15, 2024
342.1 All air
			 contaminant stationary sources are required to keep any process and/or air
			 pollution control equipment in good operating condition and repair.
342.2 Operating instructions and maintenance
			 schedules for process and/or control equipment must be available on the
			 site.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 350 - VARIANCES

Current through Register Vol. 24-14, July 15, 2024
350.1 Any person
			 who owns or is in control of any plant, building, structure, establishment,
			 process or equipment including a group of persons who own or control like
			 processes or like equipment may apply to the board for a variance from the
			 rules or Regulation governing the quality, nature, duration or extent of
			 discharge of air contaminants. The application shall be accompanied by such
			 information and data as the Board may require. The Board may grant such
			 variance, but only after public hearing or due notice, if it finds that:
(A) The emissions occurring or proposed to
			 occur do not endanger public health or safety; and
(B) Compliance with the rules or Regulation
			 from which variance is sought would produce serious hardship without equal or
			 greater benefits to the public.
Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 367 - GENERAL REQUIREMENTS FOR MONITORING AND TESTING

Current through Register Vol. 24-14, July 15, 2024
367.1 Any person
			 operating a registered air contaminant source or an air operating permit source
			 may, at any time, be required to monitor the ambient air, or process emissions,
			 or conduct emission tests as deemed necessary by the Control Officer.
367.2 Before an approval to construct or a
			 registration certificate is granted, the Control Officer may require the owner
			 or applicant to provide and maintain such facilities as are necessary for
			 sampling and testing purposes, including but not limited to safe access to
			 sample locations, sample platforms, proper sample ports, and adequate shelter
			 where appropriate.
367.3 All
			 ambient monitoring, compliance testing, continuous emission monitoring systems,
			 and continuous opacity monitoring systems required by a regulation, order of
			 approval or permit issued by the NWCAA shall comply with the applicable
			 requirements of this Section and Appendix A of this Regulation. The applicable
			 requirements of this Section and Appendix A are in addition to any monitoring,
			 testing, calibration, or quality assurance/quality control requirements that
			 otherwise apply.
367.4 The Control
			 Officer may take such samples and may perform any tests and investigations as
			 are deemed necessary to determine the accuracy of the monitoring reports and
			 data submitted to the NWCAA. The owner or operator may also be required by the
			 Control Officer to collect a sample using an approved procedure and submit the
			 results of the analysis thereof within a reasonable period of time.
367.5 Any NWCAA mandated testing or
			 monitoring which is not part of a federally-approved State Implementation Plan
			 or other federally enforceable regulation must be approved by the NWCAA. Such
			 testing or monitoring may include the use of alternative methods, modified
			 standard methods, and requirements or procedures not described in Appendix A of
			 this Regulation.
367.6 The Control
			 Officer may approve site-specific minor and intermediate changes to testing,
			 monitoring, recordkeeping, and reporting requirements under the following
			 conditions:
(A) In determining whether a
			 change is minor or intermediate, NWCAA will use as a guide the definitions in
			   40 CFR 63.90   (July 1, 2004);
(B)
			 Where the testing, monitoring, recordkeeping, or reporting requirement is
			 included in a permit, the approval is made through the applicable permit
			 revision procedures;
(C) NWCAA
			 maintains a record of all approved changes to all testing, monitoring,
			 recordkeeping, and reporting and provides a list of such changes to EPA Region
			 10 at least semi-annually.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 400 - AMBIENT AIR STANDARDS - FORWARD

Current through Register Vol. 24-14, July 15, 2024
400.1 In the
			 interest of the people within the jurisdiction of the NWCAA, it is the
			 objective of the NWCAA to obtain and maintain the cleanest air possible,
			 consistent with the highest and best practicable control technology.
400.2 In the areas where existing
			 concentrations of air contaminants are lower than concentrations allowed by the
			 standards enumerated below, degradation of the atmosphere should be minimized.
			 The highest and best practicable control technology should be applied to all
			 sources unless it is specifically determined that lesser technology is
			 justified. Ambient air standards are set at levels which, according to latest
			 knowledge, will not cause damage to health, plants or animals or degrade
			 materials.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 401 - SUSPENDED PARTICULATE STANDARDS (PM[10])

Current through Register Vol. 24-14, July 15, 2024
401.1 The
			 concentration in the ambient air of particulate matter with an aerodynamic
			 diameter of less than ten (10) micrometers (PM10) shall
			 not exceed:
401.11 One hundred and fifty
			 (150) micrograms per cubic meter of air as a 24 hour average more than once a
			 year.
401.12 Fifty (50) micrograms
			 per cubic meter of air as an annual arithmetic mean.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 402 - PARTICULATE FALLOUT STANDARDS

Current through Register Vol. 24-14, July 15, 2024
402.1 Particle
			 fallout shall not exceed the standards enumerated below at the conditions
			 stated:
402.11 The particle fallout rate
			 measured at an ambient air monitoring station shall not exceed:
402.111 Ten (10) grams per square meter per
			 month in an industrial area, or
402.112 Five (5) grams per square meter per
			 month in an industrial area if visual observations show a presence of wood
			 waste and the volatile fraction of sample exceeds seventy percent.
402.113 Five (5) grams per square meter per
			 month in residential and commercial areas.
402.114 Three and one half (3.5) grams per
			 square meter per month in residential and commercial areas if visual
			 observations show the presence of wood waste and the volatile fraction of the
			 sample exceeds seventy percent.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 403 - PARTICULATE STANDARDS (PM[2.5])

Current through Register Vol. 24-14, July 15, 2024
403.1 The
			 concentration in the ambient air of particulate matter with an aerodynamic
			 diameter of less than two point five (2.5) microns
			 (PM2.5) shall not exceed:
(A) Sixty five (65) micrograms per cubic
			 meter of air as a 24 hour average based on the 3-year average of the 98th
			 percentile of 24-hour PM2.5 concentrations.
(B) Fifteen (15) micrograms per cubic meter
			 of air as an annual arithmetic mean based on the 3-year average of the annual
			 arithmetic mean PM2.5 concentrations.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 410 - SULFUR OXIDE STANDARDS

Current through Register Vol. 24-14, July 15, 2024
410.1 It shall be
			 unlawful for any person to cause or permit sulfur oxides to be emitted into the
			 ambient air, calculated as sulfur dioxide, measured at an ambient air
			 monitoring station averaged over the specified time periods to exceed:
410.11 2,096 micrograms per cubic meter
			 (eight-tenths (0.800) ppm by volume) for any five (5) minute average, not to be
			 exceeded more than once per year.
410.12 1,048 micrograms per cubic meter
			 (four-tenths (0.400) ppm by volume) average for any one (1) hour not to be
			 exceeded more than once per year.
410.13 655 micrograms per cubic meter
			 (twenty-five one hundredths (0.250) ppm by volume) average for any one (1) hour
			 not to be exceeded more than two (2) times in any consecutive seven (7)
			 days.
410.14 260 micrograms per
			 cubic meter (one-tenth (0.100) ppm by volume) average for any one day (24
			 hours), not to be exceeded more than once per year.
410.15 53 micrograms per cubic meter (two
			 one-hundredths (0.020) ppm by volume) average for any one (1) year (annual
			 arithmetic mean).
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 420 - CARBON MONOXIDE STANDARDS

Current through Register Vol. 24-14, July 15, 2024
420.1 Carbon
			 monoxide measured at an ambient air monitoring station shall not exceed:
420.11 10 milligrams per cubic meter (9.0
			 ppm) eight (8) hour average concentration more than once per year at any
			 location where people would be exposed to such concentration for eight (8)
			 hours or more.
420.12 40 milligrams
			 per cubic meter (35.0 ppm) one (1) hour average concentration more than once
			 per year.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 422 - NITROGEN OXIDE STANDARDS

Current through Register Vol. 24-14, July 15, 2024
422.1 Nitrogen
			 Dioxide. The annual arithmetic means of nitrogen dioxide measured at an ambient
			 air monitoring station shall not exceed: 100 micrograms per cubic meter (0.050
			 ppm).
422.2 Sampling and analysis
			 for nitrogen oxides shall be as outlined in Section 180.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 424 - OZONE STANDARD

Current through Register Vol. 24-14, July 15, 2024
424.1 The average
			 eight hour concentration of ozone measured at an ambient air monitoring station
			 shall not exceed 0.080 ppm (157 micrograms per cubic meter) as determined under
			 the following conditions:
424.11 The 3-year
			 average of the annual fourth highest daily maximum 8-hour average
			 concentrations shall be used to determine compliance with this
			 standard;
424.12 All hourly
			 measurements must start on the clock hour.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 426 - HYDROCARBONS

Current through Register Vol. 24-14, July 15, 2024
426.1 Hydrocarbons
			 (less methane) measured at an ambient air monitoring station during the hours
			 and months specified shall not exceed an average concentration of 160
			 micrograms per cubic meter (0.24 ppm) for any three (3) consecutive hours more
			 than once during the entire period: 6:00 am to 9:00 am from April 1 through
			 October 31.
426.2 Sampling and
			 analysis for hydrocarbons shall be as outlined in Section 180.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 428 - HAZARDOUS AIR POLLUTANTS

Current through Register Vol. 24-14, July 15, 2024
428.1 Chlorine
			 concentrations in the ambient air shall not exceed one (1.0) part per million
			 on a one (1) hour time weighted average.
428.11 Chlorine concentration in the ambient
			 air shall not exceed seven (7.0) parts per million for more than 5
			 minutes.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 450 - EMISSION STANDARDS - FOREWORD

Current through Register Vol. 24-14, July 15, 2024
450.1 The NWCAA
			 recognizes the need for accurate source air contaminant data when attempting to
			 correlate ground level concentrations with source emissions or when calculating
			 the expected ground level concentrations.
450.2 Since accurate determination of the
			 required data is a complex process, procedures for obtaining such data should
			 be developed from the emission regulation set forth herein.
450.3 In exercising judgement regarding
			 possible ground level concentrations from stack emission data, three desirable
			 elements are:
450.31 Source emission rate data
			 obtained by actual measurement.
450.32 A mathematical model of the community
			 diffusion situation.
450.33 Values
			 for parameters of the model.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 451 - EMISSION OF AIR CONTAMINANT - VISUAL STANDARD

Current through Register Vol. 24-14, July 15, 2024
451.1 No person
			 shall cause or permit the emission, for any period aggregating more than 3
			 minutes in any 1 hour, of an air contaminant from any source which, at the
			 point of emission, or within a reasonable distance of the point of emission,
			 exceeds 20% opacity except as follows:
451.11
			 When the owner or operator of a source supplies valid data to show that the
			 opacity is in excess of 20% as a result of the presence of condensed water
			 droplets, and that the concentration of the particulate matter, as shown by a
			 source test approved by the Control Officer, is less than 0.10 grain/dscf (0.23
			 g/m3).
451.12 Excess emissions as a result of soot
			 blowing or grate cleaning shall not occur for more than fifteen minutes in any
			 eight hour period or another schedule approved by the Control Officer provided
			 that the owner or operator can demonstrate to the satisfaction of the Control
			 Officer that the time limitations of this subsection are not being
			 exceeded.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 455 - EMISSION OF PARTICULATE MATTER

Current through Register Vol. 24-14, July 15, 2024
455.1 No person
			 shall cause or permit emission of particulate matter in excess of 0.10
			 grain/dry standard cubic foot (dscf) (0.23 g/m3)
			 (combustion emissions shall be corrected to 7% O2)
			 except:
455.11 From all gaseous and
			 distillate fuel burning equipment, emissions shall not exceed 0.05 grain/dscf
			 (0.11 g/m3) corrected to 7% oxygen.
455.12 From existing sources utilizing
			 combustion of wood for the production of steam, no person shall allow or permit
			 emission of particulate matter in excess of 0.20 grain/dscf (0.46
			 g/m3) corrected to 7% oxygen, as measured by
			 procedures specified by the Control Officer.
455.13 From all existing petroleum catalytic
			 cracking units emissions shall not exceed 0.20 grain/dscf (0.46
			 g/m3) of exhaust gas as corrected to 7%
			 oxygen.
455.14 Wood waste burners
			 shall meet the provisions of Section 458.2.
455.15 Upon request by a source, the Control
			 Officer may approve an alternate correction factor that is determined to be
			 more representative of normal operations if it can be demonstrated that there
			 will be no violations of any ambient air quality standard.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 458 - INCINERATORS - WOOD WASTE BURNERS

Current through Register Vol. 24-14, July 15, 2024
458.1 All wood
			 waste burners are required to meet the following conditions:
458.11 Visual emission of air contaminants
			 from all wood waste burners shall meet the applicable provisions of Section
			 451.
458.12 All persons shall use
			 Best Available Control Technology (BACT) in installing, maintaining, and
			 operating wood waste burners. This requirement shall include a controlled
			 tangential vent over-fire air system, an adequate under-fire air system, and
			 the elimination of all unnecessary openings in the burner.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 460 - WEIGHT/HEAT RATE STANDARD - EMISSION OF SULFUR COMPOUNDS

Current through Register Vol. 24-14, July 15, 2024
All sources with an aggregate heat input capacity greater than
				five hundred million Btu per hour (500 MMBtu/hr) are subject to the
				following:
460.1 Emission of sulfur
			 compounds, calculated as a calendar month average of sulfur dioxide, shall not
			 exceed one and one-half pounds per million Btu of heat input per hour (1.5 lbs
			 SO2/MMBtu, calendar month average of hourly
			 values).
460.2 Sources subject to
			 Section 460 shall submit an ambient monitoring proposal and monitoring schedule
			 for sulfur dioxide within one hundred and eighty (180) days of start-up. Each
			 proposal shall include:
460.21 At least one
			 recording meteorological station equipped to record wind speed and direction
			 and located and operated as in accordance with Appendix A of this
			 Regulation.
460.22 The sulfur
			 content and quantity of all materials, gaseous or liquid, fed to any boilers,
			 furnaces, heaters, flares or any other facility capable of generating heat,
			 resulting in emissions to the atmosphere. The sulfur content shall be expressed
			 in percent by weight of sulfur in each fuel type and shall contain an
			 explanation of how each was determined.
460.23 The method for monitoring the sulfur
			 content and quantity of fuel burned at each emission unit capable of emitting
			 sulfur to the atmosphere in quantities in excess of one hundred (100)
			 pounds/day of sulfur compounds calculated as sulfur dioxide. All emission units
			 capable of emitting less than one hundred (100) pounds/day of sulfur compounds,
			 calculated as sulfur dioxide may be monitored collectively as a single
			 emission.
460.24 The monitoring
			 proposal shall comply with provisions of Section 367 and Appendix A of this
			 Regulation.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 462 - EMISSION OF SULFUR COMPOUNDS

Current through Register Vol. 24-14, July 15, 2024
462.1 It shall be
			 unlawful for any person to cause or permit the emission of air contaminants
			 from any equipment if the air contaminants emitted as measured in the stack
			 contain sulfur compounds calculated as sulfur dioxide, of more than one
			 thousand (1,000) parts per million (2.62 mg/m3),
			 averaged for a sixty consecutive minute period, except as otherwise provided by
			 a specific emission restriction adopted by the NWCAA and/or the DOE. For the
			 purpose of this section, all sulfur present in gaseous compounds containing
			 oxygen shall be deemed present as sulfur dioxide.
462.2 Emissions of sulfur compounds
			 calculated to be in excess of 1,000 parts per million (2.62
			 mg/m3) at any emission point, averaged for a sixty
			 consecutive minute period, shall not constitute a violation of Section 462.1 of
			 this Regulation, provided such person responsible for the emission provides
			 reasonable evidence that such emissions will not cause ground level
			 concentrations on adjacent property to exceed the values indicated in Section
			 410 of this Regulation, and can demonstrate to the Control Officer there is no
			 practical method of reducing the concentration to the above levels or
			 less.
462.3 All concentrations of
			 sulfur dioxide referred to in this Section are on a volumetric dry basis. For
			 combustion emissions, the exhaust gas volume shall be corrected to 7%
			 oxygen.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 465 - SULFURIC ACID PLANTS

Current through Register Vol. 24-14, July 15, 2024
465.1 It shall be
			 unlawful for any person to operate a contact type sulfuric acid plant for any
			 cause or allow the following types of air contaminants to be emitted to the
			 atmosphere in excess of the following emission rates per ton of sulfuric acid
			 produced expressed as 100% sulfuric acid:
465.11 Existing plants ten (10) pounds and
			 new plants, as of the effective date of this subsection, four (4) pounds of
			 sulfur dioxide tailgas emission, and;
465.12 Fifteen hundredths (0.15) pound of
			 sulfuric acid mist (including sulfur trioxide), and;
465.13 Ten (10) percent opacity or greater
			 for three minutes.
Washington Administrative Code › Title - Northwest Clean Air Agency › 400 - STANDARDS › Sec2 466 - PORTLAND CEMENT PLANTS

Current through Register Vol. 24-14, July 15, 2024
466.1 It shall be
			 unlawful for the owner or operator of any portland cement plant to cause or
			 allow to be discharged into the atmosphere from:
466.11 Any sources any emission which:
466.111 Contains particulate matter in excess
			 of 0.60 pounds/ton (0.3kg/metric ton) of dry feed to the kiln.
466.112 Contains particulate matter in excess
			 of 0.1 grains per dry cubic foot of exhaust gas.
466.113 Exhibits greater than 20% opacity for
			 a period(s), aggregating more than 3 minutes in any hour.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 502 - OUTDOOR BURNING

Current through Register Vol. 24-14, July 15, 2024
502.1 PURPOSE. This
			 section establishes a program to implement the limited burning policy
			 authorized by sections of the Washington Clean Air Act (chapter 70.94 RCW as
			 referenced in NWCAA 104.1) pertaining to outdoor burning.
502.2 APPLICABILITY.
(A) This section specifically applies to:
(1) Residential burning.
(2) Land clearing burning.
(3) Recreational fires.
(4) Indian ceremonial fires.
(5) Weed abatement fires.
(6) Firefighting instruction fires.
(7) Rare and endangered plant regeneration
			 fires.
(8) Storm or flood debris
			 burning.
(9) Tumbleweed
			 burning.
(10) Other outdoor
			 burning.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 504 - AGRICULTURAL BURNING

Current through Register Vol. 24-14, July 15, 2024
504.1 Purpose. This
			 Section establishes fees and controls for agricultural burning in the NWCAA
			 jurisdiction in order to minimize adverse health effects and environmental
			 impacts, consistent with best management practices and the responsibilities of
			 the NWCAA under chapter 173-430 WAC as referenced in NWCAA 104.1, RCW  70.94.6528 as referenced in NWCAA 104.1, 70.94.6532 as referenced in NWCAA
			 104.1, and 70.94.6524 as referenced in NWCAA 104.1. All agricultural burning as
			 defined in chapter 173-430 WAC as referenced in NWCAA 104.1 shall be conducted
			 in accordance with the provisions of that chapter.
504.2 Applicability. This Section applies to
			 agricultural burning in all areas of the NWCAA jurisdiction unless specifically
			 exempted. Nothing in Section 504 shall apply to silvicultural burning or other
			 outdoor burning. Propane flaming for the purpose of vegetative debris removal
			 is considered agricultural burning.
504.3 Conditions. All agricultural burning,
			 except for agricultural burning that is incidental to commercial agricultural
			 activities, requires a permit and payment of a fee issued by the
			 NWCAA.
504.4 Fees. In accordance
			 with RCW  70.94.6528 as referenced in NWCAA 104.1, the NWCAA shall assess a fee
			 for all agricultural burning permits as specified in NWCAA 324.9.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 510 - INCINERATOR BURNING

Current through Register Vol. 24-14, July 15, 2024
510.1 It shall be
			 unlawful for any person to burn any refuse in any incinerator within the
			 jurisdiction of the NWCAA except in an approved multiple chamber incinerator or
			 an equivalent design as defined in Section 200 and provided with an emission
			 control facility, or in equipment found by the Control Officer, in advance of
			 such use, to be equally effective for the purpose of air pollution
			 control.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 511 - REFUSE BURNING EQUIPMENT: TIME RESTRICTION

Current through Register Vol. 24-14, July 15, 2024
511.1 It shall be
			 unlawful for any person to cause or permit the operation of refuse burning
			 equipment at any time other than daylight hours of the same day, except with
			 the approval of the Control Officer.
511.2 Approval of the Control Officer for the
			 operation of such equipment may be granted upon the submission of a written
			 request stating:
511.21 The full name and
			 address of the applicant; and
511.22 The location of the refuse burning
			 equipment; and
511.23 A brief
			 description of the refuse burning equipment and its control apparatus;
			 and
511.24 Good cause for the
			 issuance of such approval; and
511.25 The hours, other than daylight hours,
			 during which the applicant seeks to operate the equipment; and
511.26 The length of time for which the
			 exception is sought.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 520 - SULFUR COMPOUNDS IN FUEL

Current through Register Vol. 24-14, July 15, 2024
520.1 It shall be
			 unlawful for any person to burn, sell, or make available for sale for burning
			 in fuel burning equipment, or refuse burning equipment, within the jurisdiction
			 of the NWCAA, any fuel containing a weight of sulfur in excess of that allowed
			 by Subsection 520.11, 520.12, 520.13, 520.14 and 520.15.
520.11 Distillate fuel oil classified as
			 Grade No. 1 (ASTM designation: D396-69) shall contain three tenths percent
			 (0.3%) or less sulfur by weight.
520.12 Distillate fuel oil classified as
			 Grade No. 2 (ASTM Designation: D396-69) shall contain five-tenths percent
			 (0.5%) or less sulfur by weight.
520.13 All other grades or kinds of fuel oil
			 intended for use in fuel oil burning equipment including ASTM Designation:
			 D396-69 Grades No. 4, 5, and 6 shall contain two percent (2.0%) or less sulfur
			 by weight.
520.14 Gaseous fuel
			 shall contain 50 grains (412 ppm @ standard conditions) or less sulfur per 100
			 standard cubic feet except that this subsection shall not apply to those
			 sources subject to Section 460.
520.15 Solid fuel (such as, but not limited
			 to, coal, coke, and refuse) shall contain two percent (2.0%) or less sulfur by
			 weight.
Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 530 - GENERAL NUISANCE

Current through Register Vol. 24-14, July 15, 2024
530.1 No person
			 shall discharge from any source quantities of air contaminants, with the
			 exception of odors as addressed in Section 535, in sufficient amounts and of
			 such characteristics and duration as is likely to be injurious or cause damage
			 to human health, plant or animal life, or property; or which unreasonably
			 interferes with enjoyment of life and property.