Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Spokane County Air Pollution Control Authority (SCAPCA) Regulation I, Article IV - Registration.

Purpose: To amend the existing regulation to make it easier to read, establish exemption thresholds and categories, and restructure Exhibit "R."

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.

Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.

Summary: The amendments to this rule will establish de minimis levels for air contaminant sources, below which, registration is not required. It increases the readability of the regulation.

Reasons Supporting Proposal: De minimis levels for registration sources are necessary to ensure that agency time is best utilized for air contaminant sources that emit higher levels of air pollution. The revisions should make the regulation more understandable by the regulated community.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Spokane County Air Pollution Control Authority, 1101 West College, #403, Spokane, WA 99201, (509) 477-4727.

Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Certain sections of the original regulation were unclear in their intent. Agency resources are better utilized as a result of these changes.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The registration rule identifies air pollution sources that are required to be registered with SCAPCA. It also identifies source categories and that are exempt from registration requirements. De minimis levels, below which registration is not required, are also established.

Effect: Insignificant emission sources will be dropped from registration. Some fees (~$7,000 per annum) will be lost to the agency. However, personnel resources will be better utilized.

Revisions should make the regulation more understandable by the regulated community and agency staff.

Proposal Changes the Following Existing Rules: The registration regulation is more understandable and better organized.

The registration regulation is more flexible.

Air pollution source categories are established for exemption from the regulation.

De minimis level for some air pollution source were established.

Some air pollution sources, not previously listed in Exhibit "R," but regulated by other Local Air Pollution Control Authorities were added to Exhibit "R."

Source closure and transfer of ownership processes and procedures were included.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule amendment.

Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room, Lower Level, Spokane, WA 99201, on May 4, 2000, at 9:00 a.m.

Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, fax (509) 477-6828, by May 1, 2000.

Date of Intended Adoption: May 4, 2000.

February 25, 2000

Charles E. Studer

Environmental Engineer

REGISTRATION

ADOPTED: June 9, 1969

((REVISED: August 13, 1992))

REVISED: May 4, 2000

((EFFECTIVE: September 17, 1992))

EFFECTIVE: June 4, 2000

AMENDATORY SECTION (Amending WSR 92-17-054, filed 8/17/92)

SECTION 4.01 REGISTRATION REQUIRED

The Authority regulates the classes of air contaminant sources, listed in Exhibit R, under the authority of RCW 70.94.151. ((Under the authority of 70.94.151 RCW, the classes of air contaminant sources listed in Exhibit "R" below are regulated by the Authority.)) An air contaminant source, listed in Exhibit R, whether publicly or privately owned, shall register with the Authority unless exempted under Section 4.03 of this Article. ((a written exemption is issued by the Authority. An air contaminant source established after the adoption of this Section shall register prior to commencing operations. Registration information shall be updated annually thereafter.))

AMENDATORY SECTION (Amending WSR 92-17-054, filed 8/17/92)

SECTION 4.02 GENERAL REQUIREMENTS FOR REGISTRATION

A. Registration Responsibility. Registration of an air contaminant source ((installation or facility)), except those exempted under Section 4.03 of this Article, shall be made by the owner or ((lessee)) operator of the source, or an appointed agent, on forms furnished by the Authority. The owner of the source and ((lessee)) operator are responsible for registration and for submitting accurate ((the accuracy of the)) information ((submitted)).

B. ((A separate r))Registration Information. Registration shall be required for each emission unit, including quantifiable fugitive air emissions, located at the source ((source of contaminant)). The owner or operator shall make reports to the Authority, containing information as may be required by the Authority, concerning location, size, and height of contaminant outlets, processes employed, nature of the air contaminant emission, and such other information as is relevant to air pollution and available or reasonably capable of being assembled. Registration information shall be updated annually by the owner or operator on forms provided by the Authority. ((,provided that, an owner or lessee has the option to register a process or facility with a detailed inventory of contaminant sources and emissions related to said process or facility: provided further that, an owner need not make a separate registration for identical units of equipment or control apparatus installed, altered or operated in an identical manner on the same premises)).

C. Signature. Each registration shall be signed by the owner or ((lessee)) operator, or the agent for such owner or ((lessee)) operator.

D. New Sources. The owner or operator of an air contaminant source shall file a Notice of Construction and Application for Approval, in accordance with Article V of this Regulation, prior to establishing any new or modified air contaminant source. An approved Notice of Construction suffices to meet the initial requirement to register the air contaminant source. Registration information shall be updated annually thereafter.

E. Transfer of Ownership. The new owner or operator shall report any change of ownership or change of operator to the Authority, on forms provided by the Authority, within ninety (90) days of any such change. Any liability for fee payment, including payment of delinquent fees and other penalties shall survive any transfer of ownership of a source.

F. Source Closure. A report of closure shall be filed by the owner or operator with the Authority within ninety (90) days after the owner or operator determines that operations, producing air contaminant emissions, have permanently ceased.

In the event the owner or operator of a source discontinues operations, but continues payment of the annual registration fee to the Authority, the registration and the status of the source with the Authority are maintained as if the source were still in operation. In such a case, a report of closure is not required.

Prior to re-opening a closed source, or establishing a new source at a site for which the Authority has received a closure report, the proponent shall contact the Authority for a determination as to whether Notice of Construction and Application for Approval must be filed with and approved by the Control Officer, per the requirements of SCAPCA Regulation I, Article V.

AMENDATORY SECTION (Amending WSR 92-17-054, filed 8/17/92)

SECTION 4.03 REGISTRATION EXEMPTIONS ((REQUESTS))

A. Operating Permit Sources. Sources subject to Chapter 173-401 WAC (air operating permit sources) are exempt from the registration requirements of this Article.

B. Grain Handling Facilities. If registration has been made and a registration fee has been paid for a source that is properly classified as a grain warehouse or grain elevator under Standard Industrial Classification (SIC) code 5153 and that is licensed by the Department of Agriculture under Chapter 22.09 RCW or by the federal government for purposes similar to those of licensure under Chapter 22.09 RCW, registration or a registration fee shall not be required again unless the licensed capacity of the source increases. The source is subject to all other applicable requirements of this Regulation.

If the licensed capacity increases, registration shall be made, and a registration fee paid, prior to the date that the source receives grain from the first harvest season that occurs after the increase in its licensed capacity. In addition, if required under Article V of this Regulation, a Notice of Construction application shall be filed with and approved by the Authority prior to increasing the licensed capacity of the source.

C. Agricultural Operations. Agricultural operations as defined in RCW 70.94.640 (5)(a) are exempt from the registration requirements of this Article.

D. Dwellings of Four Families or Less. Fuel burning equipment that serves dwellings of four or less families is exempt from the registration requirements of this Article.

E. Source Specific Facilities. Any person may submit a written request to the Control Officer for an exemption from the registration requirements of this Article, providing justification for such request.

1. At a minimum, the request shall provide an inventory of emissions, emission points, and location, sufficient for the Authority to determine how the source impacts air quality and the public.

2. Within 30 calendar days of receipt of an exemption request, the Authority may require additional information it deems necessary to determine if an exemption is appropriate.

3. Within 15 calendar days of receiving of the additional information, the Control Officer shall make a determination as to whether an exemption will be granted. Consideration shall be given to:

a. Potential impacts from the source on ambient air quality standards;

b. Potential nuisance from odors and particulate matter emissions;

c. Public exposure to toxic air pollutants; as defined in WAC 173-400-030:

d. The source's ability to meet applicable emission standards;

e. Potential damage to business or property; and

f. Importance of periodic verification that emission units, including any associated air pollution control equipment, are being properly maintained and operated.

4. Any source exempted from registration under this subsection shall maintain sufficient documentation, as may be required in the Control Officer's determination, to verify that the source is entitled to continued exemption under this section.

((Any person may submit a written request to the Control Officer for an exemption from the registration requirements of this Article, providing justification for such request. The request shall address, as a minimum, how the emissions from that class of air pollution source would impact applicable ambient air quality standards, public nuisance, and public exposure to toxic air pollutants.

Within thirty (30) days the Authority shall request any additional information it deems necessary. Within fifteen (15) days of receipt of the additional information, the Control Officer shall make a ruling on the exemption request.))

5. The Authority, or an authorized representative, may periodically verify, through inspection, survey, records request, or other appropriate means, that the source is meeting applicable regulations and the conditions of the exemption approval letter, if the exemption is granted.

E. Source Category De Minimis Level Exemptions. The Control Officer may establish de minimis levels, based on the criteria presented in Section 4.03.D, or other relevant criteria, below which registration of a source category, as defined in Exhibit R, is not required. Any source exempted from registration under this subsection shall maintain sufficient documentation, as required by the Authority, to verify that the source is entitled to continued exemption under this section.

EXHIBIT R

NOTE: Emission rates in this Section are based on actual emissions, unless otherwise noted.

1. Acid production plants, including all acids listed in Chapter 173-460 WAC.

2. ((1.)) Abrasive blasting operations, except portable blasting operations operating at a site for less than 60 days in any running 12-month period and operations that are inside a building and any associated air pollution control equipment that exhausts inside of the building.

3. ((2.)) Agricultural chemicals((,)); manufacturing, mixing, packaging, ((facilities for packing, and mixing,)) and/or other related air contaminant emitting operations (fertilizer concentrates, pesticides, etc.).

4. ((3.)) Agricultural drying and dehydrating operations.

5. Alumina processing operations.

6. Ammonium sulfate manufacturing plants.

7. ((4.)) Any category of stationary sources subject to ((which)) a federal standard of performance (NSPS) under 40 CFR Part 60, other than Subpart S (Primary Aluminum Reduction Plants), BB (Kraft Pulp Mills) or AAA (New Residential Wood Heaters)((, applies)).

8. ((5.)) Any source category subject to a National Emission Standard for Hazardous Air Pollutants (NESHAP) under 40 CFR Parts 61 and 63, other than Subpart M (asbestos on roadways, asbestos demolition or renovation activities, or asbestos spraying). ((Any source category subject to limitations on emissions of hazardous air pollutants by the federal clean air act.))

((6. Any source in operation on or before the effective date of this regulation with small quantity emission rates exceeding the limits defined in WAC 173-460-080 (2)(e).))

9. A source listed in 9.e. below that:

a. emits any single criteria pollutant, or its precursors, as defined in 40 CFR § 51.852, exceeding emission rates of 0.5 tons per year, or

b. emits toxic air pollutants, as defined in WAC 173-460-020 (20), with emission rates exceeding the small quantity emission rates established in WAC 173-460-080 (2)(e), or

c. emits combined air contaminants in excess of 1.0 ton per year, or

d. emits combined toxic air pollutant and volatile organic compound emissions greater that 0.5 tons per year.

e. The above criteria applies to the following source categories:

1) Bakeries

2) Bed lining or undercoating production or application operations,

3) Degreasers/solvent cleaners, not subject to 40 CFR Part 63, Subpart T (Halogenated Solvent Cleaners); including, but not limited to, vapor, cold, open top and conveyorized cleaner,

4) Evaporators,

5) Graphic art systems,

6) Organic vapor collection systems within commercial or industrial facilities,

7) Soil and groundwater remediation operations,

8) Sterilizing equipment,

9) Utilities, combination electric and gas, and other utility services (SIC 493),

10) Wood furniture stripping and treatment operations (commercial only), and

11) Any source category not otherwise listed in this exhibit.

10. ((7.)) Any source ((or emissions unit)) with ((a)) significant emissions as defined ((by)) in SCAPCA Regulation 1, Article X, Section 10.01((173-400-030 (24), (37), and (61) WAC)).

11. ((8.)) Any source required to obtain an approved Notice of Construction under Article V.

12. Any air contaminant source (including fugitive emission sources) for which the Control Officer determines that registration is necessary in order to reduce the potential impact from the source's air emissions on: the health, safety, and/or welfare of the public, or unreasonable interference with any other property owner's use and enjoyment of his property, or damage to other property owner's property or business.

13. Any source where the owner or operator has elected to avoid one or more requirements of the operating permit program established in Chapter 173-401 WAC, by limiting its potential-to-emit (synthetic minor) through an order issued by the Authority.

14. Any source that is required to report periodically to demonstrate nonapplicability to requirements under Sections 111 or 112 of the Federal Clean Air Act.

15. ((9.)) Asphalt and asphalt products production ((facilities)) operations (asphalt roofing and application equipment excluded).

((10. Boilers using coal, hog fuel, oil or other solid or liquid fuel.))

16. ((11.)) Brick and clay products manufacturing ((plants)) operations (tiles, ceramics, etc). Noncommercial operations are exempt.

17. ((12.)) Bulk gasoline and aviation gas terminals, bulk gasoline and aviation gas plants, and gasoline and aviation gas loading terminals ((and gasoline dispensing facilities subject to 173-491-040 WAC)).

((13. Casting facilities and foundries, ferrous and nonferrous)).

18. ((14.)) Cattle feedlots with facilities for one thousand or more cattle.

19. ((15.)) Chemical manufacturing ((plants)) operations.

20. Coffee roasting operations.

21. ((16.)) Composting operations, including commercial, industrial and municipal, except noncommercial agricultural and noncommercial residential composting activities.

22. ((17.)) Concrete production operations and ready mix plants ((manufacturers and ready mix plants)).

((18. Degreasers; vapor, cold, open top and conveyorized))

23. ((19.)) Dry cleaning ((plants)) operations, using solvents that emit toxic air pollutants or volatile organic compounds.

24. Materials handling and transfer facilities that generate fine particulate and that exhaust more than 1,000 acfm to the ambient air, which may include pneumatic conveying, cyclones, baghouses, and industrial housekeeping vacuuming systems that exhaust to the atmosphere.

25. Flexible polyurethane foam, polyester resin, and styrene production operations.

26. Flexible vinyl and urethane coating operations.

27. Fuel burning equipment (external combustion) with per unit heat inputs greater than or equal to:

a. 500,000 Btu/hr using coal or other solid fuels;

b. 500,000 Btu/hr using used/waste oil, per the requirements of RCW 70.94.610;

c. 1,000,000 Btu/hr using kerosene, #1, #2 fuel oil, or other liquid fuel, except used/waste oil; and

d. ((20. Fuel burning equipment other than those serving dwellings of four or less families and has a heat input of more than 400,000 BTU per hour.)) 4,000,000 Btu/hr using gaseous fuels, such as, natural gas, propane, methane, LPG, or butane, including but not limited to, boilers, dryers, heat treat ovens and deep fat fryers.

28. Gasoline dispensing facilities, subject to Chapter 173-491 WAC, and aviation gas dispensing facilities with total tank capacities greater than 10,000 gallons.

29. ((21.)) Grain handling; seed, pea and lentil processing facilities. Registration shall be in accordance with Section 4.03.B.

((22. Graphic art systems.))

((23. Grass seed fields.))

((24. Hazardous waste treatments, storage, and disposal facilities.))

30. Hay cubing operations, established at a dedicated collection and processing site.

31. Incinerators; as defined in Section 1.04 of this Regulation.

32. Insulation manufacturing operations.

((25. Hospitals, specialty and general medical surgical.))

((26. Active landfills including gas collection systems and flares.))

((27. Incinerators designed for a capacity of one hundred pounds per hour or more.))

((28. Insulation manufacturers))

((29. Fine particulate materials handling and transfer facilities))

((30. Meat packing plants.))

33. Metal casting facilities and foundries, ferrous.

34. Metal casting facilities and foundries, nonferrous.

35. ((31.)) Metal plating and anodizing operations.

36. ((32.)) Metallic and nonmetallic mineral processing, including, but not limited to, rock crushing, sand and gravel mixing ((facilities)) operations.

37. ((33.)) Metallurgical processing ((facilities)) operations.

38. ((34.)) Mills; lumber, plywood, shake, ((and)) shingle, woodchip, veneer operations, dry kilns, pulpwood insulating board, grass/stubble pressboard, pelletizing, or any combination thereof.

39. ((35.)) Mills; grain, seed, feed and flour((ing)) production and related operations

40. ((36.)) Mills; wood products manufacturing operations (including, but not limited to, cabinet works, casket works, furniture and wood by-products).

41. ((37.)) Mineralogical processing ((facilities)) operations.

42. ((38.)) Natural gas transmission and distribution (SIC 4923).

43. ((39.)) Ovens/furnaces, kilns and curing, burnout, (including, but not limited to, ovens/furnaces that heat clean automotive parts, paint hooks, electric motors, etc.) ((and heat-treat)).

44. ((40.)) Paper manufactur((ers))ing operations, except Kraft and sulfite pulp mills.

45. Petroleum refineries.

46. Pharmaceuticals production operations.

47. ((41.)) Plastics and fiberglass fabrication, including gelcoat, polyester resin, or vinylester coating ((facilities)) operations using more than 55 gallons per year of all materials containing volatile organic compounds or toxic air pollutants.

48. ((42.)) Refuse systems (SIC 4953), including municipal waste combustors; landfills with gas collection systems and/or flares; hazardous waste treatment, storage, and disposal facilities; and wastewater treatment plants other than private and publicly owned treatment works (POTWs).

49. ((43.)) Rendering ((plants)) operations.

((44. Rock crushing plants)).

((45. Salvage operations (scrap metal, junk).))

((46. Sand and gravel and pre-mix plants.))

50. ((47.)) Sewerage systems, private and publicly owned treatment works (POTWs) with a rated capacity of more than 1 million gallons per day (SIC 4952).

((48. Soil and groundwater remediation projects.))

51. Semiconductor manufacturing operations

52. Standby emergency generator sets (used for back up only) with internal combustion engines rated at or above five hundred brake horsepower.

53. ((49.)) Stationary internal combustion engines, other than emergency generator sets, ((and turbines)) rated at ((five)) one hundred horsepower or more, including engines integral to powering a source category registered under this exhibit, including but not limited to, rock crushing, stump and woodwaste grinding, and hay cubing operations.

54. Stump and woodwaste grinding established at a dedicated collection and processing site.

55. ((50.)) Storage tanks for organic liquids, within commercial or industrial facilities, with capacities greater than ((4)) 20,000 gallons.

56. ((51.)) Surface coating((s)), adhesive, and ink manufactur((ers))ing operations.

57. ((52.)) Surface coating operations, including; automotive, metal, cans, pressure sensitive tape, labels, coils, wood, plastic, rubber, glass, paper, and other substrates.

58. ((53.)) Synthetic fiber production ((facilities)) operations.

59. ((54.)) Synthetic organic chemical manufacturing ((industries)) operations.

60. ((55.)) Tire recapping ((facilities)) operations.

((56. Utilities, combination electric and gas, and other utility services (SIC 493).))

((57. Vapor collection systems within commercial or industrial facilities.))

((58. Waste oil burners.))

61. Wholesale meat/fish/poultry slaughter and packing plants.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the and appear in the Register pursuant to the requirements of RCW 34.08.040.

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