Title of Rule: Chapter 173-400 WAC, General regulations for air pollution sources.

Purpose: This rule amendment will correct typographical errors, clarify existing rule language, and adopt federal requirements.

Other Identifying Information: WAC 173-400-030, 173-400-040, 173-400-060, 173-400-070, 173-400-075, 173-400-104, and 173-400-115.

Statutory Authority for Adoption: RCW 70.94.331, 70.94.510.

Statute Being Implemented: Chapter 70.94 RCW.

Summary: This rule change corrects and clarifies existing rule language in chapter 173-400 WAC. Adoption of federal national emission standards for hazardous air pollutants (NESHAPs) and standards of performance for new sources (NSPS) will keep Washington state in compliance with federal law.

Reasons Supporting Proposal: The changes will aid readability and increase usability of state regulations. Incorporation of federal requirements are necessary to comply with federal Clean Air Act requirements.

Name of Agency Personnel Responsible for Drafting: Robert C. Huber, P.O. Box 47600, Lacey, WA, (360) 407-6776; Implementation and Enforcement: Department of Ecology, P.O. Box 47600, Lacey, WA, (360) 407-6800.

Name of Proponent: Washington State Department of Ecology, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Correction of typographical errors and clarification of existing rule language will assist the reader in understanding the rule. No substantive policy issues are raised by these changes.

Adoption of federal requirements by reference is the least burdensome alternative in assisting regulated sources to comply with federal requirements. Application of this rule will not result in any different effects to either public or private entities.

Proposal Changes the Following Existing Rules: WAC 173-400-030(84) Definition, Washington's definition of volatile organic compounds (VOCs) is inconsistent with the definition found in the C.F.R. This rule amendment will update the state definition to correspond to the federal definition.

WAC 173-400-040 General standards for maximum emissions, the rule contains a reference to "section 8, chapter 252, Laws of 1993." Changing the form of this reference to "RCW 70.194.154" will aid those who read the statute.

WAC 173-400-060 Emission standards for general process units, correction of typographical error.

WAC 173-400-070 Emission standards for certain source categories, adoption of federal requirements for landfill emissions, and hospital and medical waste incinerators.

WAC 173-400-075 Emission standards for sources emitting hazardous air pollutants, in order to remain current with federally adopted national emission standards for hazardous air pollutants (NESHAP), this amendment will add the following subparts to be adopted by reference:

•	Subpart EEE - NESHAP from Hazardous Waste Combustors
•	Subpart III - NESHAP for Flexible Polyurethane Foam Production
•	Subpart JJJ - NESHAPs for Group IV Polymers and Resins

WAC 173-400-104 Registration fees, correction of typographical error.

WAC 173-400-115 Standards of performance for new sources, subpart Eb (Municipal Waste Combustors), Ec (Medical Waste Incinerators), and OOO (Nonmetallic Mineral Processing Plants) of 40 C.F.R. 63 will be adopted by reference. Text of existing dry cleaning facility rule will be amended to improve usability without changing the underlying substantive meaning of the rule.

January 28, 1999

Daniel Silver

Deputy Director

OTS-2778.2

AMENDATORY SECTION(Amending Order 96-01, filed 12/23/97, effective 1/23/98)

WAC 173-400-030
Definitions.

Except as provided elsewhere in this chapter, the following definitions apply throughout the chapter:

(1) "Actual emissions" means the actual rate of 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 particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation.  Ecology or an authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation.  Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

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

(c) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the emissions unit on that date.

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

(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 purposes of this chapter, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW, the Washington Pesticide Application Act, which regulates the application and control of the use of various pesticides.

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

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

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

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

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

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

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

(9) "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emission unit which are of a permanent nature.  Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipe work and construction of permanent storage structures.  With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(10) "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 modified stationary source, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such pollutant.  In no event shall application of the "best available control technology" result in emissions of any pollutants which will exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 61, as they exist on March 1, 1996, or their later enactments as adopted by reference by the director by rule.  Emissions from any source utilizing clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase above levels that would have been required under the definition of BACT in the Federal Clean Air Act as it existed prior to enactment of the Clean Air Act Amendments of 1990.

(11) "Best available retrofit technology (BART)" means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility.  The emission limitation must be established, on a case-by-case basis, taking into consideration the technology 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 improvement in visibility which may reasonably be anticipated to result from the use of such technology.

(12) "Bubble" means a set of emission limits which allows an increase in emissions from a given emissions unit(s) in exchange for a decrease in emissions from another emissions unit(s), pursuant to RCW 70.94.155 and WAC 173-400-120.

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

(14) "Class I area" means any area designated pursuant to §§ 162 or 164 of the Federal Clean Air Act as a Class I area.  The following areas are the Class I areas in Washington state:

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

Pasayten Wilderness;

Spokane Indian Reservation.

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

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

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

(b) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

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

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

(19) "Dispersion technique" means a method which 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.

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

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

(22) "Emission reduction credit (ERC)" means a credit granted pursuant to WAC 173-400-131.  This is a voluntary reduction in emissions.

(23) "Emission standard" and "emission limitation" means a requirement established under the FCAA or chapter 70.94 RCW which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction and any design, equipment work practice, or operational standard promulgated under the FCAA or chapter 70.94 RCW.

(24) "Emissions 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 FCAA, chapter 70.94 or 70.98 RCW.

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

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

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

(28) "Federal Clean Air Act (FCAA)" means the Federal Clean Air Act, also known as Public Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990.

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

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

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

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

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

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

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

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

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

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

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

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

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

(39) "Mandatory Class I federal area" means any area defined in Section 162(a) of the FCAA.  The mandatory Class I federal areas in Washington state are as follows:

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

Pasayten Wilderness;

(40) "Major modification" means any physical change in or change in the method of operation of a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the FCAA.  Any net emissions increase that is considered significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.  A physical change or change in the method of operation shall not include:

(a) Routine maintenance, repair, and replacement;

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

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

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

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

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

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

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

(g) Any change in ownership at a stationary source.

(41) "Major stationary source" means:

(a) Any stationary source which:

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

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

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

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

(ii) Is located in a "serious" particulate matter (PM₁₀) nonattainment area and which emits or has the potential to emit seventy tons per year or more of PM₁₀ emissions.

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

(d) A major stationary source that is major for VOCs or NOx shall be considered major for ozone;

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

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

(ii) Kraft pulp mills;

(iii) Portland cements plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

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

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

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants;

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

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

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

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

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

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

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

(44) "Modification" means any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted by such source or that results in the emissions of any air contaminant not previously emitted.  The term modification shall be construed consistent with the definitions of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.

(45) "National Emission Standards for Hazardous Air Pollutants (NESHAPS)" means the federal regulations set forth in 40 CFR Parts 61 and 63.

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

(47) "Net emissions increase" means:

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

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

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

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

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

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

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

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

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

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

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

(iii) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

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

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

(48) "New source" means:

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

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

(49) "New source performance standards (NSPS)" means the federal regulations set forth in 40 CFR Part 60.

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

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

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

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

(54) "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, and 70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action order, order of approval, and regulatory order.

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

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

(57) "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method specified in 40 CFR Part 60 or by a test method specified in the Washington state implementation plan.

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

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

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

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

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

(63) "Prevention of significant deterioration (PSD)" means the program set forth in WAC 173-400-141.

(64) "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.

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

(66) "Reasonably available control technology (RACT)" means the lowest emission limit that a particular source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.  RACT is determined on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air 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.

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

(68) "Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emission equal to or greater than any one of the following rates:

Pollutant	Tons/Year
Carbon monoxide . . . . . . . . . . . . 100
Nitrogen oxides . . . . . . . . . . . . 40
Sulfur dioxide . . . . . . . . . . . . 40
Particulate matter (PM) . . . . . . . . . . . . 25
Fine particulate matter (PM10) . . . . . . . . . . . . 15
Volatile organic compounds (VOC) . . . . . . . . . . . . 40
Lead . . . . . . . . . . . . 0.6
Fluorides . . . . . . . . . . . . 3
Sulfuric acid mist . . . . . . . . . . . . 7
Hydrogen sulfide (H2S) . . . . . . . . . . . . 10
Total reduced sulfur (including H2S ) . . . . . . . . . . . . 10
Municipal waste combustor organics. . . . . . . . . . . . . 0.0000035 (measured as total tetra-through octa- chlorinated dibenzo-p-dioxins and dibenzofurans)
Municipal waste combustor metals (measured as PM) . . . . . . . . . . . . 15

(69) "Significant visibility impairment" means visibility impairment which interferes with the management, protection, preservation, or enjoyment of visitor visual experience of the Class I area.  The determination must be made on a case-by-case basis, taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairment, and how these factors correlate with the time of visitor use of the Class I area and frequency and timing of natural conditions that reduce visibility.

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

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

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

(73) "Stack height" means the height of an emission point measured from the ground-level elevation at the base of the stack.

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

(75) "Stationary source" means any building, structure, facility, or installation which emits or may emit any contaminant.  This term does not include emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in Section 216 of the FCAA.

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

(77) "Synthetic minor" means any source whose potential to emit has been limited below applicable thresholds by means of a federally enforceable order, rule, or permit condition.

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

(79) "Total suspended particulate" means particulate matter as measured by the method described in 40 CFR Part 50 Appendix B as in effect on October 17, 1996.

(80) "Toxic air pollutant (TAP)" or "toxic air contaminant" means any Class A or B toxic air pollutant listed in WAC 173-460-150 and 173-460-160.  The term toxic air pollutant may include particulate matter and volatile organic compounds if an individual substance or a group of substances within either of these classes is listed in WAC 173-460-150 and/or 173-460-160.  The term toxic air pollutant does not include particulate matter and volatile organic compounds as generic classes of compounds.

(81) "United States Environmental Protection Agency (USEPA)" shall be referred to as EPA.

(82) "Visibility impairment" means any perceptible degradation in visibility (visual range, contrast, coloration) not caused by natural conditions.

(83) "Visibility impairment of Class I areas" means visibility impairment within the area and visibility impairment of any formally designated integral vista associated with the area.

(84) "Volatile organic compound (VOC)" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.  This includes:

(a) Any such organic compound other than the following, which has been determined to have negligible photochemical reactivity: Methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 1,1,2-trichloro 1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; ((acetones perchloroethylene (tetrachloroethylene);)) acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C₄F₉OCH₃); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF₂OCH₃); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C₄F₉OC₂H₅); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF₂OC₂H₅); methyl chloride and perfluorocarbon compounds which fall into these classes:

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

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

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

(iv) Sulfur containing perfluorocarbons with no 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 CFR Part 60 Appendix A.  Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by ecology or the authority.

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

[Statutory Authority: RCW 70.94.152.  98-01-183 (Order 96-01), § 173-400-030, filed 12/23/97, effective 1/23/98.  Statutory Authority: Chapter 70.94 RCW.  96-19-054 (Order 94-35), § 173-400-030, filed 9/13/96, effective 10/14/96; 95-07-126 (Order 93-40), § 173-400-030, filed 3/22/95, effective 4/22/95; 93-18-007 (Order 93-03), § 173-400-030, filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-030, filed 2/19/91, effective 3/22/91.  Statutory Authority: RCW 70.94.331, 70.94.395 and 70.94.510.  85-06-046 (Order 84-48), § 173-400-030, filed 3/6/85.  Statutory Authority: Chapters 43.21A and 70.94 RCW.  83-09-036 (Order DE 83-13), § 173-400-030, filed 4/15/83.  Statutory Authority: RCW 70.94.331.  80-11-059 (Order DE 80-14), § 173-400-030, filed 8/20/80.  Statutory Authority: RCW 43.21A.080 and 70.94.331.  79-06-012 (Order DE 78-21), § 173-400-030, filed 5/8/79; Order DE 76-38, § 173-400-030, filed 12/21/76.  Formerly WAC 18-04-030.]

All sources and emissions units are required to meet the emission standards of this chapter.  Where an emission standard listed in another chapter is applicable to a specific emissions unit, such standard will take precedent over a general emission standard listed in this chapter.  When two or more emissions units are connected to a common stack and the operator elects not to provide the means or facilities to sample emissions from the individual emissions units, and the relative contributions of the individual emissions units to the common discharge are not readily distinguishable, then the emissions of the common stack must meet the most restrictive standard of any of the connected emissions units.  Further, all emissions units are required to use reasonably 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 Title 173 WAC.  Where current controls are determined to be less than RACT, ecology or the authority shall, as provided in ((section 8, chapter 252, Laws of 1993)) RCW 70.194.154, define RACT for each source or source category and issue a rule or regulatory order requiring the installation of RACT.

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

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

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

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

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

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

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

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

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

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

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

(6) Sulfur dioxide.

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

When the owner or operator of an emissions unit supplies emission data and can demonstrate to ecology or the authority that there is no feasible method of reducing the concentration to less than one thousand ppm (on a dry basis, corrected to 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, ecology or the authority may require specific ambient air monitoring stations be established, operated, and maintained by the owner or operator at mutually approved locations.  All sampling results will be made available upon request and a monthly summary will be submitted to ecology or the authority.

(7) Concealment and masking.  No person shall cause or permit the installation or use of any means which conceals or masks an emission of an air contaminant which would otherwise violate any provisions of this chapter.

(8) Fugitive dust sources.

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

(b) The owner(s) or operator(s) of any existing source(s) of fugitive dust that has been identified as a significant contributor to a PM-10 nonattainment area shall be required to use reasonably available control technology to control emissions.  Significance will be determined by the criteria found in WAC 173-400-113(3).

[Statutory Authority: Chapter 70.94 RCW.  93-18-007 (Order 93-03), § 173-400-040, filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-040, filed 2/19/91, effective 3/22/91.  Statutory Authority: Chapters 43.21A and 70.94 RCW.  83-09-036 (Order DE 83-13), § 173-400-040, filed 4/15/83.  Statutory Authority: RCW 70.94.331.  80-11-059 (Order DE 80-14), § 173-400-040, filed 8/20/80.  Statutory Authority: RCW 43.21A.080 and 70.94.331.  79-06-012 (Order DE 78-21), § 173-400-040, filed 5/8/79; Order DE 76-38, § 173-400-040, filed 12/21/76.  Formerly WAC 18-04-040.]

General process units are required to meet all applicable provisions of WAC 173-400-040 and, no person shall cause or permit the emission of particulate material from any general process operation in excess of 0.23 gram((s)) per dry cubic meter at standard conditions (0.1 grain/dscf) of exhaust gas.  EPA test methods from 40 CFR Parts 51, 60, 61, and 63 and any other approved test procedures which are contained in ecology's "Source Test Manual - Procedures For Compliance Testing" as of July 12, 1990, will be used to determine compliance.

[Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331.  98-15-129 (Order 98-04), § 173-400-060, filed 7/21/98, effective 8/21/98.  Statutory Authority: Chapter 70.94 RCW.  91-05-064 (Order 90-06), § 173-400-060, filed 2/19/91, effective 3/22/91.  Statutory Authority: Chapters 43.21A and 70.94 RCW.  83-09-036 (Order DE 83-13), § 173-400-060, filed 4/15/83.  Statutory Authority: RCW 70.94.331.  80-11-059 (Order DE 80-14), § 173-400-060, filed 8/20/80; Order DE 76-38, § 173-400-060, filed 12/21/76.  Formerly WAC 18-04-060.]

Ecology finds that the reasonable regulation of sources within certain categories requires separate standards applicable to such categories.  The standards set forth in this section shall be the maximum allowable standards for emissions units within the categories listed.  Except as specifically provided in this section, such emissions units shall not be required to meet the provisions of WAC 173-400-040, 173-400-050 and 173-400-060.

(1) Wigwam burners.

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

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

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

(d) Ecology may establish additional requirements for wigwam burners located in sensitive areas as defined by chapter 173-440 WAC.  These requirements may include but shall not be limited to:

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

(ii) A requirement to apply BACT.

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

(2) Hog fuel boilers.

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

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

(3) Orchard heating.

(a) Burning of rubber materials, asphaltic products, crankcase oil or petroleum wastes, plastic, or garbage is prohibited.

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

(4) Grain elevators.

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

(5) Catalytic cracking units.

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

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

(ii) No person shall cause or permit the emission 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 meet all provisions of WAC 173-400-115.

(6) Other wood waste burners.

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

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

(7) Sulfuric acid plants.

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

(8) Sewage sludge incinerators.  Standards for the incineration of sewage sludge found in 40 CFR Part 503 subparts A (General Provisions) and E (Incineration) in effect on July 1, 1997, are adopted by reference.

(9) Municipal solid waste landfills constructed, reconstructed, 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 Subtitle D of the Federal Recourse Conservation and Recovery Act including the following: Commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. A MSW landfill may be either publicly or privately owned. A MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.

(a) Applicability. These rules apply to each existing MSW landfill constructed, reconstructed, or modified before May 30, 1991. (See WAC 173-400-115(2) for MSW landfills constructed, reconstructed, or modified on or after May 30, 1991.)

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

(c) Recordkeeping and reporting. All existing MSW landfills must follow the recordkeeping and reporting requirements in 40 CFR 60.757 (submittal of an initial design capacity report) and 40 CFR 60.758 (recordkeeping requirements). Exceptions to these requirements are located in 40 CFR 60.24.

(d) Test methods and procedures.

(i) All existing MSW landfills must calculate the landfill nonmethane organic compound (NMOC) emission rates following the procedures listed in 40 CFR 60.754.

(ii) Gas collection and control systems must meet the requirements in 40 CFR 60.752 (b)(2)(ii) through the following procedures:

(A) The systems must follow the operational standards in 40 CFR 60.753.

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

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

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

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

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

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

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

(g) Gas collection and control systems.

(i) Gas collection and control systems must meet the requirements in 40 CFR 60.752 (b)(2)(ii).

(ii) The design plans must be prepared by a licensed professional engineer and submitted to ecology within one year after the adoption 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 months after the adoption date of this section.

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

(A) An open flare designed and operated according to 40 CFR 60.18;

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

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

(10) Hospital, medical and infectious waste incinerators.

(a) Scope. This subsection contains emission standards and compliance times for the control of certain emissions from hospital, medical, and infectious waste incinerators (HMIWI) in accordance with sections 111 and 129 of the federal Clean Air Act and subparts B and Ce of 40 CFR Part 60. The provisions in these emission standards supersede the provisions of 40 CFR 60.24(f).

(b) Definitions. Terms used but not defined in this subsection have the meaning given them in the federal Clean Air Act and in subparts A, B, Ce and Ec of 40 CFR Part 60.

(i) "Large HMIWI" means a hospital, medical and infectious waste incinerator that burns over 500 pounds of hospital, medical and infectious waste per hour.

(ii) "Medium HMIWI" means a hospital, medical and infectious waste incinerator that burns from 200 pounds to 500 pounds of hospital, medical and infectious waste per hour.

(iii) "Small HMIWI" means a hospital, medical and infectious waste incinerator that burns less than or equal to 200 pounds of hospital, medical and infectious waste per hour.

(iv) "Remote small HMIWI" means a hospital, medical and infectious waste incinerator that is located more than 50 miles from the boundary of a Standard Metropolitan Statistical Area and which burns less than 2,000 pounds per week of hospital waste and medical/infectious waste. The 2,000 pound per week limitation does not apply during performance tests.

(v) "Standard Metropolitan Statistical Area," or SMSA, means any area listed in OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for Metropolitan Areas" dated June 30, 1993.

(c) Applicability. This rule applies to each HMIWI for which construction was commenced on or before June 20, 1996.

(d) Exceptions.

(i) A combustor is not subject to this subsection during periods when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste (all defined in 40 CFR 60.51c) is burned, provided the owner or operator of the combustor does the following:

(A) Notifies ecology or the local air authority of an exemption claim; and

(B) Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned.

(ii) Any co-fired combustor (defined in 40 CFR 60.51c) is not subject to this subsection, provided the owner or operator of the co-fired combustor does the following:

(A) Notifies ecology or the local air authority of an exemption claim;

(B) Provides an estimate of the relative weight of hospital waste, medical/infectious waste, and other fuels and/or wastes to be combusted; and

(C) Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor.

(iii) Any combustor required to have a permit under Section 3005 of the federal Solid Waste Disposal Act is not subject to this subsection.

(iv) Any combustor which meets the applicability requirements under, subparts Cb, Ea or Eb of 40 CFR Part 60 (standards or guidelines for certain municipal waste combustors) is not subject to this subsection.

(v) Any pyrolysis unit (defined in 40 CFR 60.51c) is not subject to this subsection.

(vi) Cement kilns firing hospital waste and/or medical/infectious waste are not subject to this subsection.

(vii) Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with these rules are not considered a modification and will not result in an existing HMIWI becoming subject to this subsection.

(e) Emission requirements.

(i) Each small HMIWI must comply with the emission limits listed below in Table 1.

Table 1

Pollutant Emission Limits for Small Existing HMIWI

Less than or equal to 200 lbs./hour

Note: The footnoted references are found after Table 4 in WAC 173-400-070 (10)(e)(iv)

(ii) Each medium HMIWI must comply with the emission limits listed below in Table 2.

Table 2

Pollutant Emission Limits for Medium Existing HMIWI

200 to 500 lbs./hour

Note: The footnoted references are found after Table 4 in WAC 173-400-070 (10)(e)(iv)

(iii) Each large HMIWI must comply with the emission limits listed below in Table 3.

Table 3

Pollutant Emission Limits for Large Existing HMIWI

Over 500 lbs./hour

Note: The footnoted references are found after Table 4 in WAC 173-400-070 (10)(e)(iv)

(iv) Each remote small HMIWI must comply with the applicable emission limits listed below in Table 4.

Table 4

Pollutant Emission Limits for Remote Small Existing HMIWI

Less than or equal to 2000 lbs./week

Located at least 50 miles from Standard Metropolitan Statistical Area

Footnotes for emission limits and compliance testing and monitoring requirements.

1.	All performance tests and compliance tests shall consist of three test runs with a minimum sample time of one hour per run unless otherwise specified.

2.	All limits except opacity are at dry volume corrected to 7% oxygen by the following formula:

Place illustration here.

3.

For Reference Method 23, each test run shall be a minimum of 4 hours duration. If the facility and regulatory agency have chosen to express the limit in terms of TEQ, the tested concentrations of each dioxin/furan congener shall be multiplied by the appropriate TEQ factor from Table 2 of 40 CFR Subpart Ec with the resulting adjusted concentrations summed and reported as TEQ.

4.	% removals calculated by the following formula:

Place illustration here.

If three consecutive annual compliance tests indicate compliance with the emission limit, then the test frequency is reduced to a three-year sequencing. At such time as a compliance test indicates noncompliance with the limits, the compliance test must be conducted annually until three consecutive annual tests indicate compliance with emission limits.

(v) The emission limits under this subpart apply at all times except during periods of startup, shutdown, or malfunction, provided that no hospital waste or medical/infectious waste is charged to the affected facility during startup, shutdown, or malfunction.

(f) Operator training and qualification requirements. Each HMIWI shall comply with the operator training and qualification requirements listed in 40 CFR 60.53c by March 15, 2000.

(g) Waste management plans. Each HMIWI must comply with the waste management plan requirements listed in 40 CFR 60.55c.

(h) Inspection requirements for remote small HMIWIs.

(i) Each remote small HMIWI must undergo an initial equipment inspection by March 15, 2000. At a minimum, an inspection must include the following:

1. Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation; clean pilot flame sensor as necessary;

2. Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;

3. Inspect hinges and door latches, and lubricate as necessary;

4. Inspect dampers, fans, and blowers for proper operation;

5. Inspect HMIWI door and door gaskets for proper sealing;

6. Inspect motors for proper operation;

7. Inspect primary chamber refractory lining; clean and repair/replace lining as necessary;

8. Inspect incinerator shell for corrosion and/or hot spots;

9. Inspect secondary/tertiary chamber and stack, clean as necessary;

10. Inspect mechanical loader, including limit switches, for proper operation, if applicable;

11. Visually inspect waste bed (grates), and repair/seal/replace, as appropriate;

12. For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments;

13. Inspect air pollution control device(s) for proper operation, if applicable;

14. Inspect waste heat boiler systems to ensure proper operation, if applicable;

15. Inspect bypass stack components;

16. Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and

17. Generally observe that the equipment is maintained in good operating condition.

(ii) Within ten operating days following an equipment inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval from ecology or the local air authority establishing a date whereby all necessary repairs of the HMIWI shall be completed.

(iii) Following the initial inspection, each remote small HMIWI shall undergo an annual equipment inspection. Inspections shall occur no more than twelve months following the previous annual equipment inspection.

(i) Compliance, performance testing, and monitoring requirements.

(i) Each small, medium, and large HWIMI must comply with the requirements for compliance and performance testing listed in 40 CFR 60.56c, excluding the fugitive emissions testing requirements under 40 CFR 60.56c (b)(12) and (c)(3).

(ii) If the HWIMI uses a continuous emissions monitoring system to demonstrate compliance with emission limits, it must comply with the following conditions:

1. Determine compliance based on twelve operating hour rolling averages, not including periods of start-up, shutdown, and malfunctions; and

2. Meet the requirements of 40 CFR Part 60, Appendices B and F.

(iii) HWIMIs which exceed emission limits during performance testing may repeat the test according to the process identified in 40 CFR 60.56c(h).

(iv) Each remote small HMIWI shall meet the following compliance and performance testing requirements:

1. Follow the performance testing requirements in 40 CFR 60.56c (a), (b)(1) through (b)(9), (b)(11) (for mercury only), and (c)(1). The 2,000 pound per week limitation does not apply during performance tests.

2. Establish maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits.

3. After the initial performance test is completed, ensure that at all times the HMIWI does not operate above the maximum charge rate or below the minimum secondary chamber temperature, measured as three-hour rolling averages (calculated each hour as the average of the previous three operating hours) except during periods of startup, shutdown and malfunction. Operating parameter limits do not apply during performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature constitutes a violation of the established operating parameter(s).

4. Except as provided in subsection (5) of this section, operation of the HMIWI above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three-hour rolling average) simultaneously constitutes a violation of the PM, CO, and dioxin/furan emission limits.

5. The owner or operator of a HMIWI may conduct a repeat performance test within thirty days of violation of applicable operating parameter(s) to demonstrate that the HMIWI is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph must be conducted using the identical operating parameters that indicated a violation under subsection (4) of this section.

(v) Small, medium, and large HMIWIs are subject to the monitoring requirements listed in 40 CFR 60.57c.

(vi) Each remote small HMIWI must meet the following monitoring requirements:

1. Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every minute throughout operation.

2. Install, calibrate (to manufacturers' specifications), maintain, and operate a device that automatically measures and records the date, time, and weight of each charge fed into the HMIWI.

3. The owner or operator of a HMIWI shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for seventy-five percent of the operating hours per day and for ninety percent of the operating hours per calendar quarter that the HMIWI is combusting hospital waste and/or medical/infectious waste.

(j) Reporting and recordkeeping requirements.

(i) Each small, medium, and large HMIWI is subject to the reporting and recordkeeping requirements listed in 40 CFR 60.58c (b), (c), (d), (e), and (f), excluding Sec. 60.58c (b)(2)(ii) (fugitive emissions) and (b)(7) (siting).

(ii) The owner or operator of each remote small HMIWI must comply with the following:

1. Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed within ten days of an inspection or the time frame established by the department of ecology or the local air pollution control authority; and

2. Submit an annual report containing this information to the department of ecology or the local air pollution control authority no later than sixty days following the year in which data were collected. Subsequent reports shall be sent no later than twelve calendar months following the previous report. (Once the HMIWI is subject to permitting requirements under chapter 173-401 WAC, the owner or operator must submit these reports semiannually.) The report must be signed by the facilities manager.

(k) Compliance date. HMIWIs shall comply with all requirements of this subsection by March 15, 2000.

(l) Operating permit. Beginning September 15, 2000, or on the effective date of an EPA-approved Clean Air Act Title V operating permit program, whichever date is later, HMIWIs subject to this subsection must operate pursuant to a permit issued under chapter 173-401 WAC.

[Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331.  98-15-129 (Order 98-04), § 173-400-070, filed 7/21/98, effective 8/21/98.  Statutory Authority: Chapter 70.94 RCW.  96-19-054 (Order 94-35), § 173-400-070, filed 9/13/96, effective 10/14/96; 91-05-064 (Order 90-06), § 173-400-070, filed 2/19/91, effective 3/22/91.  Statutory Authority: Chapters 43.21A and 70.94 RCW.  83-09-036 (Order DE 83-13), § 173-400-070, filed 4/15/83.  Statutory Authority: RCW 70.94.331.  80-11-059 (Order DE 80-14), § 173-400-070, filed 8/20/80.  Statutory Authority: RCW 43.21A.080 and 70.94.331.  79-06-012 (Order DE 78-21), § 173-400-070, filed 5/8/79; Order DE 76-38, § 173-400-070, filed 12/21/76.  Formerly WAC 18-04-070.]

(1) National emission standards for hazardous air pollutants (NESHAPs). NESHAPs and Appendices found in 40 CFR Part 61 in effect on ((April)) November 1, 1998, are adopted by reference.  The term "administrator" in 40 CFR Part 61 includes the director of ecology.

(2) Ecology or the authority may conduct source tests and require access to records, books, files, and other information specific to the control, recovery, or release of those pollutants regulated under 40 CFR Parts 61 and 63 in order to determine the status of compliance of sources of these contaminants and to carry out its enforcement responsibilities.

(3) Source testing, monitoring, and analytical methods for sources of hazardous air pollutants ((shall)) must conform with the requirements of 40 CFR Parts 61 and 63.

(4) This section ((shall)) does not apply to any source operating ((pursuant to)) under a waiver granted by EPA or an exemption granted by the president of the United States ((during the effective life of such waiver or exemption)).

(5) Maximum achievable control technology (MACT) standards. MACT standards are officially known as national emission standards for hazardous air pollutants for source categories. They are found in 40 CFR Part 63.

(a) Adopt by reference. This list of federal MACT standards and Appendices in 40 CFR Part 63 in effect on ((April)) November 1, 1998, is adopted by reference. The term "administrator" in 40 CFR Part 63 includes the director of ecology.

Subpart A	General Provisions
Subpart B	Requirements for Control Technology Determinations for Major Sources According to Section 112(g) and 112(j) of the federal Clean Air Act
Subpart D	Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants
Subpart F	NESHAPs for the Synthetic Organic Chemical Manufacturing Industry (a/k/a HON)
Subpart G	NESHAPs for the Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater
Subpart H	NESHAPs for the Synthetic Organic Chemical Manufacturing Industry: Equipment Leaks
Subpart I	NESHAPs for Processes Subject to the Negotiated Regulation for Equipment Leaks
Subpart L	NESHAPs for Coke Oven Batteries: Charging, topside and door leaks
Subpart N	NESHAPs for Chromium Electroplating and Anodizing
Subpart O	NESHAPs for Commercial Ethylene Oxide Sterilizers
Subpart Q	NESHAPs for Industrial Process Cooling Towers
Subpart R	NESHAPs for Gasoline Distribution/Marketing (stage 1)
Subpart T	NESHAPs for Halogenated Solvent Cleaning Machines
Subpart U	NESHAPs for Group I Polymers and Resins
Subpart W	NESHAPs for Epoxy Resins Production and Non-Nylon Polyamides Production
Subpart X	NESHAPs for the Secondary Lead Smelters
Subpart CC	NESHAPs for the Petroleum Refinery Industry
Subpart DD	NESHAPs from Off-site Waste and Recovery Treatment Operation
Subpart EE	NESHAPs for Magnetic Tape Manufacturing Operations
Subpart GG	NESHAPs for the Aerospace Manufacturing and Rework Facilities
Subpart II	NESHAPs for Shipbuilding and Repair (surface coating)
Subpart JJ	NESHAPs for Wood Furniture Manufacturing Operations
Subpart KK	NESHAPs for Printing and Publishing Industry
Subpart OO	NESHAPs for Tanks-level 1
Subpart PP	NESHAPs for Containers
Subpart QQ	NESHAPs for Surface Impoundments
Subpart RR	NESHAPs for Individual Drain Systems
Subpart VV	NESHAPs for Oil-Water Separators and Organic Water Separators
Subpart EEE	NESHAP from Hazardous Waste Combustors
Subpart III	NESHAP for Flexible Polyurethane Foam Production
Subpart JJJ	NESHAPs for Group IV Polymers and Resins
Appendix A	Test Methods
Appendix B	Sources Defined for Early Reduction Provisions
Appendix C	Determination of the Fraction Biodegraded in a Biological Treatment Unit
Appendix D	Alternative Validation procedure for EPA Waste and Wastewater Methods

(b) Exceptions. The following subparts of 40 CFR Part 63 are not adopted by reference:

Subpart C	List of Hazardous Air Pollutants, Petition Process, Lesser Quantity Designations, source Category List
Subpart E	Approval of State Programs and Delegation of Federal Authorities
Subpart M	National Perchloroethylene Emission Standards for Dry Cleaning Facilities
Subpart S	National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry
Subpart Y	National Emission Standards for Hazardous Air Pollutants for Marine Tank Vessel Loading Operations
Subpart LL	National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants

(6) Emission Standards for Perchloroethylene Dry Cleaners.

(a) Policy and purpose.  ((It is not the intent of this section to place any additional burden on the generator beyond the federal MACT.  Instead, the purpose of this section is to provide the reader with a clearer and more concise regulation.)) The purpose of this section is to explain the federal rules and to establish state minimum requirements for dry cleaning systems.

(b) Applicability.  This section applies to all dry cleaning systems using perchloroethylene (PCE).  In addition to meeting the requirements in this subsection, all dry cleaning systems that are new sources, as defined in WAC 173-400-030, must also meet the BACT requirements contained in this chapter. The standards that apply to this section fall into the following source categories as presented in Table 1.

TABLE 1. Perchloroethylene Dry Cleaner NESHAP Source Categories

((Applicability))	Small Area Sources	Large Area Sources	Major Sources
Dry cleaning facilities with	((Consuming)) Purchasing less than:	((Consuming)) Purchasing between:	((Consuming)) Purchasing more than:
(1) Only Dry-to-Dry Machines	140 gallons PCE/yr	140-2,100 gallons PCE/yr	2,100 gallons PCE/yr
(2) Only Transfer Machines	200 gallons PCE/yr	200-1,800 gallons PCE/yr	1,800 gallons PCE/yr
(3) Both Dry-to-Dry and Transfer Machines	140 gallons PCE/yr	140-1,800 gallons PCE/yr	1,800 gallons PCE/yr

(c) General requirements.  ((It shall be unlawful for any person to cause or allow the operation of a large area or major source perchloroethylene dry cleaning system unless all the air-perchloroethylene gas-vapor stream is vented through a refrigerated condenser.  A major source dry cleaning system installed after September 21, 1993, must utilize a refrigerated condenser followed by a small carbon adsorber.  It shall be unlawful for any person to cause or allow the operation of a small area source dry cleaning system installed after September 21, 1993, unless all the air-perchloroethylene dry cleaning system is vented through a refrigerated condenser.))

• Small area sources. Systems installed after September 21, 1993, must vent all PCE vapors through a refrigerated condenser.

• Large area sources. Systems must vent all PCE vapors through a refrigerated condenser.

• Major sources. Systems must follow the requirements found in 40 CFR Part 63, Subpart M that were in effect on November 1, 1998.

(d) General operation and maintenance requirements.  ((It shall be unlawful for any person to cause or allow the operation of any perchloroethylene dry cleaning system unless all of the following conditions are met:)) All systems must meet each of the following requirements:

(i) ((All perchloroethylene dry cleaners who generate seventy-five thousand dollars per year in revenue must conduct a visual inspection of the dry cleaning system at least once a week for perceptible leaks.  Perceptible leaks shall be repaired within twenty-four hours of detection unless repair parts cannot be ordered within that period of time.  If parts must be ordered to repair a leak, the parts shall be ordered within two working days of detecting the leak and repair parts shall be installed within five working days after receipt;

(ii))) Inspection.

• Small area sources must inspect the system for perceptible leaks while it is operating once every two weeks.

• Large area sources must inspect the system for perceptible leaks while it is operating once every week.

• Major area source must inspect the system for perceptible leaks while it is operating once every week.

An inspection must include an examination of the following system components:

(A) Hose and pipe connections, fittings, couplings, and valves;

(B) Door gaskets and seatings;

(C) Filter gaskets and seatings;

(D) Pumps;

(E) Solvent tanks and containers;

(F) Water separators;

(G) Muck cookers;

(H) Stills;

(I) Exhaust dampers;

(J) Diverter valves; and

(K) Cartridge filter housings;

(ii) Repairs. Leaks must be repaired within twenty-four hours of detection unless repair parts cannot be ordered within that period of time. Repair parts must be ordered within two working days of detecting the leak. Repair parts must be installed within five working days after arrival;

(iii) Drain cartridge filters in their housing or other sealed container for at least twenty-four hours before discarding the cartridges;

(((iii))) (iv) Close the door of each dry cleaning machine except when transferring articles to or from the machine;

(((iv))) (v) Store all perchloroethylene, and wastes containing perchloroethylene, in a closed container; and

(((v))) (vi) Operate and maintain the dry cleaning system according to the manufacturer's specification and recommendations.

(e) Requirements for refrigerated condensers.  ((It shall be unlawful for any person to cause or allow the operation of any perchloroethylene dry cleaning system using a refrigerated condenser unless all of the following conditions are met:)) Systems using refrigerated condensers must meet all of the following requirements:

(i) The air temperature at the outlet of the refrigerated condenser installed on a dry-to-dry machine, dryer or reclaimer must be less than or equal to 45°F (7°C) during the cool-down period.  Compliance shall be determined by monitoring the temperature on a continuous basis using a permanently installed temperature sensor that is accurate to within 2°F (1°C).  The temperature ((shall)) must be logged weekly;

(ii) The difference between the air temperature at the inlet and outlet of a refrigerated condenser installed on a washer must be greater than or equal to 20°F (11°C).  Compliance shall be determined by monitoring the temperature on a continuous basis using a permanently installed temperature sensor that is accurate to within 2°F (1°C).  The temperature ((shall)) must be logged weekly.  If the dry cleaning system was constructed before December 9, 1991, temperature sensors ((shall)) must be installed by September 23, 1996;

(iii) ((The)) A converted machine with a refrigerated condenser ((shall)) must be operated with a diverter valve that prevents air drawn into the dry cleaning machine from passing through the refrigerated condenser when the door of the machines is open; and

(iv) The refrigerated condenser ((shall)) must not vent the air-perchloroethylene gas-vapor stream while the dry cleaning machine drum is rotating or, if installed on a washer, until the washer door is opened.

(f) Requirements for carbon adsorbers.  ((It shall be unlawful for any person to cause or allow the operation of any perchloroethylene dry cleaning system using a carbon adsorber unless all of the following conditions have been met:)) Systems using a carbon adsorber must meet all of the following requirements:

(i) The concentration of perchloroethylene at the exhaust of the carbon adsorber ((shall)) must not exceed 100 ppm while the dry cleaning machine is venting to the carbon adsorber at the end of the last dry cleaning cycle prior to desorption of the carbon adsorber; and

(ii) Compliance ((shall)) must be determined by weekly measurements of the concentration of perchloroethylene at the outlet of the carbon adsorber using a colorimetric detector tube that is accurate to within 25 ppm.  If the dry cleaning system was constructed before December 9, 1991, monitoring ((shall)) must commence by September 23, 1996.

(g) Recordkeeping.  Each dry cleaning facility ((shall have on-site the design specifications and operating manuals for all perchloroethylene dry cleaning equipment and process vent control devices, as well as an operations and maintenance plan that includes the following:

(i) A record of dates and results of all monitoring, inspections, and repair of the dry cleaning system; and

(ii) A record of the volume of perchloroethylene purchased each month including receipts of perchloroethylene purchases and a calculation of the amount of perchloroethylene purchased over the previous twelve months.

(h) A record shall be kept of any pollution prevention activities that have been accomplished.

(i))) must keep the following records on-site:

(i) Design specifications and operating manuals for all perchloroethylene dry cleaning equipment;

(ii) Design specifications and operating manuals for all process vent control devices; and

(iii) An operations and maintenance plan, updated on the first of each month, that includes a log of the following information:

• The date of all monitoring and each inspection and repair of the dry cleaning system;

• The results of all monitoring and each inspection and repair of the dry cleaning system;

• A record of the volume of perchloroethylene purchased each month;

• A record of the total amount of perchloroethylene purchased over the previous twelve months;

• All receipts of perchloroethylene purchases; and

• A record of any pollution prevention activities that have been accomplished.

This information must be maintained on-site and shown upon request for a period of five years.

(h) Major source requirements.  If the dry cleaning system is located at a facility that emits 10 tons or more of perchloroethylene annually, the facility must meet the additional requirements set forth in 40 CFR Part 63, Subpart M, as in effect on November 1, 1998.

[Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331.  98-15-129 (Order 98-04), § 173-400-075, filed 7/21/98, effective 8/21/98.  Statutory Authority: Chapter 70.94 RCW.  96-19-054 (Order 94-35), § 173-400-075, filed 9/13/96, effective 10/14/96; 93-05-044 (Order 92-34), § 173-400-075, filed 2/17/93, effective 3/20/93; 91-05-064 (Order 90-06), § 173-400-075, filed 2/19/91, effective 3/22/91.  Statutory Authority: RCW 70.94.331, 70.94.395 and 70.94.510.  85-06-046 (Order 84-48), § 173-400-075, filed 3/6/85. Statutory Authority: Chapter 70.94 RCW.  84-10-019 (Order DE 84-8), § 173-400-075, filed 4/26/84.  Statutory Authority: Chapters 43.21A and 70.94 RCW.  83-09-036 (Order DE 83-13), § 173-400-075, filed 4/15/83.  Statutory Authority: RCW 70.94.331.  80-11-059 (Order DE 80-14), § 173-400-075, filed 8/20/80.  Statutory Authority: RCW 43.21A.080 and 70.94.331.  79-06-012 (Order DE 78-21), § 173-400-075, filed 5/8/79; Order DE 76-38, § 173-400-075, filed 12/21/76.  Formerly WAC 18-04-075.]

(1) Registration fee determination.  In counties without an active local air pollution control authority, ecology shall establish registration fees based on workload using the process outlined below.  The fees collected shall be sufficient to cover the direct and indirect costs of administering the registration program within ecology's jurisdiction.

(2) Budget preparation.  Ecology shall conduct a workload analysis projecting resource requirements for administering the registration program.  Workload estimates shall be prepared on a biennial basis and shall estimate the resources required to perform registration program activities listed in WAC ((173-400-097)) 173-400-099(2).  Ecology shall prepare a budget for administering the registration program using workload estimates identified in the workload analysis for the biennium.

(3) Registration fee schedule.  Ecology's registration program budget shall be distributed to sources located in its jurisdiction according to the following:

(a) Sources requiring periodic registration and inspections shall pay an annual registration fee of four hundred dollars.

(b) Sources requiring annual registration and inspections shall pay a registration fee comprised of the following three components:

(i) Flat component.  This portion of a source's fee shall be calculated by the equal division of thirty-five percent of the budget amount allocated to annual registration sources by the total number of sources requiring annual registration.

(ii) Complexity component.  Each source is assigned a complexity rating of 1, 3, or 5 which is based on the estimated amount of time needed to review and inspect the source.  This portion of the fee is calculated by dividing forty percent of the budget amount allocated to annually registered sources by the total complexity of sources located in ecology's jurisdiction.  The quotient is then multiplied by an individual source's complexity rating to determine that source's complexity portion of the fee.

(iii) Emissions component.  This portion of a source's fee is calculated by dividing twenty-five percent of the budget amount allocated to annually registered sources by the total billable emissions from those sources.  The quotient is then multiplied by an individual source's billable emissions to determine that source's emissions portion of the fee.  Billable emissions include all air pollutants except carbon monoxide and total suspended particulate.

(4) Regulatory orders.  Owners or operators registering a source as a synthetic minor must obtain a regulatory order which limits the source's emissions.  The owner will be required to pay a fee based on the amount of time required to research and write the order multiplied by an hourly rate of sixty dollars.

(5) Fee reductions for pollution prevention initiatives.  Ecology may reduce registration fees for an individual source if that source demonstrates the use of approved pollution prevention measures or best management practices beyond those required of the source.

(6) Fee reductions for economic hardships.  If a small business owner believes the registration fee results in an extreme economic hardship, the small business owner may request an extreme hardship fee reduction.  The owner or operator must provide sufficient evidence to support a claim of an extreme hardship.  The factors which ecology may consider in determining whether an owner or operator has special economic circumstances and in setting the extreme hardship fee include: Annual sales; labor force size; market conditions which affect the owner's or operator's ability to pass the cost of the registration fee through to customers; average annual profits, and cumulative effects of multiple site ownership.  In no case will a registration fee be reduced below two hundred dollars.

(7) Fee payments.  Fees specified in this section shall be paid within thirty days of receipt of ecology's billing statement.  All fees collected under this regulation shall be made payable to the Washington department of ecology.  A late fee surcharge of fifty dollars or ten percent of the fee, whichever is more, may be assessed for any fee not received after the thirty-day period.

(8) Dedicated account.  All registration fees collected by ecology shall be deposited in the air pollution control account.

(9) Tracking revenues, time, and expenditures.  Ecology shall track revenues collected under this subsection on a source-specific basis.  Ecology shall track time and expenditures on the basis of ecology budget functions.

[Statutory Authority: Chapter 70.94 RCW.  95-07-126 (Order 93-40), § 173-400-104, filed 3/22/95, effective 4/22/95.]

((Title 40, Code of Federal Regulations, Part 60 (standards of performance for new sources), as in effect on January 1, 1993, is adopted by reference except for sections 60.5 (determination of construction or modification) and 60.6 (review of plans).  The term "administrator" in 40 CFR Part 60 shall mean both the administrator of EPA and the director of ecology.

Title 40, Code of Federal Regulations, Part 60, subpart WWW (40 CFR 60.750 et seq.) Standards of Performance for Municipal Solid Waste Landfills, as in effect on 10-1-98 is adopted by reference.

As of January 1, 1993, the federal regulations adopted by reference hereby set standards of performance affecting facilities for the following described subparts of 40 CFR Part 60:)) (1) NSPS. Standards of performance for new sources are called New Source Performance Standards, or NSPS. They are found in Title 40, Code of Federal Regulations, Part 60.

(2) Adoption by reference. This list of federal NSPS and Appendices, located in 40 CFR Part 60, as in effect on November 1, 1998, is adopted by reference. The term "administrator" in 40 CFR 60 includes the director of ecology.

Subpart D		Fossil fuel fired steam generators for which construction commenced after August 17, 1971, and prior to September 19, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts
Note:	Fossil fuel fired steam generators with heat input greater than 250 megawatts are governed by the energy facility site evaluation council (EFSEC) in Title 463 WAC.
Subpart Da		Electric utility steam generating units for which construction commenced after September 18, 1978, which have a heat input greater than 73 megawatts but not greater than 250 megawatts
Note:	Fossil fuel fired steam generators with heat input greater than 250 megawatts are governed by the energy facility site evaluation council (EFSEC) in Title 463 WAC.
Subpart Db		Industrial-commercial-institutional steam generating units for which construction commenced after June 19, 1984, and prior to June 19, 1986, which have a heat input greater than 29 megawatts but less than 73 megawatts
Subpart Dc		Small industrial-commercial-institutional steam generating units
Subpart E		Incinerators
Subpart Ea		Municipal waste combustors for which construction is commenced after December 20, 1989, and on or before September 20, 1994
Subpart Eb		Municipal waste combustors for which construction is commenced after September 20, 1994
Subpart Ec		Hospital/Medical/Infectious Waste Incinerators for which construction is commenced after June 20, 1996
Note:	For Hospital/Medical/Infectious Waste Incinerators for which construction commenced before June 20, 1996, see WAC 173-400-070(10).
Subpart F		Portland cement plants
Subpart G		Nitric acid plants
Subpart H		Sulfuric acid plants
Subpart I		Asphalt concrete plants
Subpart J		Petroleum refineries which produce less than 25,000 barrels per day of refined products
Subpart K		Storage vessels for petroleum liquid constructed after June 11, 1973, and prior to May 19, 1978, which have a capacity greater than 40,000 gallons
Subpart Ka		Storage vessels for petroleum liquids constructed after May 18, 1978, which have a capacity greater than 40,000 gallons
Subpart Kb		Volatile organic liquid storage vessels (including petroleum liquid storage vessels) constructed, reconstructed, or modified after July 23, 1984
Subpart L		Secondary lead smelters
Subpart M		Brass and bronze ingot production plants
Subpart N		((Iron and steel plants)) Primary emissions from basic oxygen process furnaces for which construction is commenced after June 11, 1973
Subpart Na		Secondary emissions from basic oxygen process steel making facilities
Subpart O		Sewage treatment plants
Subpart P		Primary copper smelters
Subpart Q		Primary zinc smelters
Subpart R		Primary lead smelters
Subpart S		Primary aluminum reduction plants
Subpart T		Phosphate fertilizer industry: Wet process phosphoric acid plants
Subpart U		Phosphate fertilizer industry: Superphosphoric acid plants
Subpart V		Phosphate fertilizer industry: Diammonium phosphate plants
Subpart W		Phosphate fertilizer industry: Triple superphosphate plants
Subpart X		Phosphate fertilizer industry: Granular triple superphosphate storage facilities
Subpart Y		Coal preparation plants
Subpart Z		Ferroalloy production facilities
Subpart AA		Steel plants: Electric arc furnaces
Subpart AAa		Steel plants: Electric arc furnaces and argon-oxygen decarburization vessels
Subpart BB		Kraft pulp mills
Subpart CC		Glass manufacturing plants
Subpart DD		Grain elevators
Subpart EE		Industrial surface coating: Metal furniture
Subpart GG		Stationary gas turbines
Subpart HH		Lime manufacturing plants
Subpart KK		Lead-acid battery plants
Subpart LL		Metallic mineral processing plants
Subpart MM		Automobile and light duty truck surface coating operations
Subpart NN		Phosphate rock plants
Subpart PP		Ammonium sulfate manufacture
Subpart QQ		Publication rotogravure printing
Subpart RR		Pressure sensitive tape and label surface coating operations
Subpart SS		Industrial surface coating: Large appliances
Subpart TT		Industrial surface coating: Metal coils
Subpart UU		Asphalt processing and asphalt roofing manufacture
Subpart VV		((SOCMI equipment leaks (VOC))) Equipment leaks of VOC in the synthetic organic chemicals manufacturing industry (SOCMI)
Subpart WW		Beverage can surface coating operations
Subpart XX		Bulk gasoline terminals
Subpart AAA		New residential wood heaters
Subpart BBB		Rubber tire manufacturing industry
Subpart DDD		VOC emissions from the polymer manufacturing industry
Subpart FFF		Flexible vinyl and urethane coating and printing
Subpart GGG		Petroleum refineries - compressors and fugitive emission sources
Subpart HHH		Synthetic fiber production facilities
Subpart III		VOC emissions from SOCMI air oxidation unit processes
Subpart JJJ		Petroleum dry cleaners
Subpart KKK		Equipment leaks of VOC from onshore natural gas processing plants
Subpart LLL		Onshore natural gas processing; SO2 emissions
Subpart NNN		VOC emissions from SOCMI distillation operations
Subpart OOO		Nonmetallic mineral processing plants
Subpart PPP		Wool fiberglass insulation manufacturing plants
Subpart QQQ		VOC emissions from petroleum refinery wastewater ((emissions)) systems
Subpart RRR		VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes
Subpart SSS		Magnetic tape coating facilities
Subpart TTT		Industrial surface coating: Surface coating of plastic parts for business machines
Subpart UUU		Calciners and dryers in mineral industries
Subpart VVV		Polymeric coating of supporting substrates facilities
Subpart WWW		Municipal Solid Waste Landfills that commenced construction, reconstruction or modification on or after May 30, 1991

Note:

See WAC 173-400-070(9) for Municipal Solid Waste Landfills constructed, reconstructed, or modified before May 30, 1991.

((Note:

For fossil fuel fired steam generators referenced by Subpart D and Da above, units greater than 250 megawatts are governed by the energy facility site evaluation council (EFSEC) in Title 463 WAC.))

[Statutory Authority: RCW 70.94.785.  98-22-019 (Order 98-02), § 173-400-115, filed 10/23/98, effective 11/23/98.  Statutory Authority: Chapter 70.94 RCW.  96-19-054 (Order 94-35), § 173-400-115, filed 9/13/96, effective 10/14/96; 93-05-044 (Order 92-34), § 173-400-115, filed 2/17/93, effective 3/20/93; 91-05-064 (Order 90-06), § 173-400-115, filed 2/19/91, effective 3/22/91.  Statutory Authority: RCW 70.94.331, 70.94.395 and 70.94.510.  85-06-046 (Order 84-48), § 173-400-115, filed 3/6/85.  Statutory Authority: Chapters 43.21A and 70.94 RCW.  83-09-036 (Order DE 83-13), § 173-400-115, filed 4/15/83; 82-16-019 (Order DE 82-20), § 173-400-115, filed 7/27/82.  Statutory Authority: RCW 70.94.331.  80-11-059 (Order DE 80-14), § 173-400-115, filed 8/20/80.  Statutory Authority: RCW 43.21A.080 and 70.94.331.  79-06-012 (Order DE 78-21), § 173-400-115, filed 5/8/79; Order DE 76-38, § 173-400-115, filed 12/21/76.  Formerly WAC 18-04-115.]

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