PERMANENT RULES
CONTROL AUTHORITY
Date of Adoption: April 10, 2002.
Purpose: To amend sections of the OAPCA regulation to address programmatic issues between the state and local implementations of New Source Review.
Citation of Existing Rules Affected by this Order: Amending OAPCA Regulation 1, Articles 1 and 7.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 02-05-047 on February 14, 2002.
Changes Other than Editing from Proposed to Adopted Version: There are a number of changes, other than editing, from the February 14, 2002, proposed rule amendments to the April 2002 adopted version of OAPCA Regulation 1, Articles 1 and 7. The changes are:
• Removed definitions for "adverse impact on visibility," "director," "integral vista," "mandatory class I federal area," "nonattainment area," "significant visibility impairment," and "visibility impairment of Class I areas" as these terms are not used in OAPCA's rule.
• Clarified and revised the meaning of the definitions for "commenced construction," "particulate matter emissions," "visibility impairment," and "volatile organic compound."
• Added definitions for "federal class I areas" and "nonroad engine" as they are used in new sections. Definition consistent with state rule.
• Revised the meaning of the definitions of "major modification," "major source," "net emissions increase," and "significant" and moved to Section 7.17, as these definitions only apply to this section.
• Revised Section 7.17(a) (now subpart (b)) to reinforce that this section applies to modifications.
• Revised Section 7.17 (a)(7) (now subpart (b)(7)) and Section 7.18 (a)(4) to require the project to receive a PSD permit (if applicable) before OAPCA issues approval.
• Revised Section 7.20(a) to clarify that it only applies to orders issued by the Authority.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 5, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
April 10, 2002
Richard Stedman
Executive Director
SECTION 1.07 DEFINITIONS
When used in regulations of the Olympic Air Pollution
Control Authority, the following definitions shall apply, unless
they are preempted by definitions in individual Articles:
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 one year period which precedes the particular date and which is representative of normal source operation. The 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) The Authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.
(c) For an 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.
ADVERSE IMPACT ON VISIBILITY means visibility impairment which
interferes with the management, protection, preservation, or
enjoyment of the visitor 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.
AGRICULTURAL BURNING means burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, or where identified as a best management practice by the agricultural burning practices and research task force established in RCW 70.94.650 or other authoritative source on agricultural practices.
AGRICULTURAL OPERATION means the growing of crops, the raising of fowl or animals as gainful occupation.
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."
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, property, or which unreasonably interferes with enjoyment of life and property. For the purpose of this Regulation, 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.
AIR POLLUTION EPISODE means a period when a forecast, alert, warning, or emergency air pollution state is declared, as stated in Chapter 173-435 WAC.
ALLOWABLE EMISSIONS means the emission rate calculated using the maximum rated capacity of the source (unless the stationary source is subject to limits enforceable by the Authority 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 in an approval order, permit condition, or regulatory order issued by the Authority including those with a future compliance date.
ALTERATION means any addition to or enlargement or replacement; or any major modification or change of the design, capacity, process or arrangement; or any increase in the connected loading of equipment or control facility which will significantly increase or adversely affect the kind or amount of air contaminant emitted.
AMBIENT AIR means that portion of the atmosphere external to a building to which the general public has access.
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.
ANCILLARY for the purpose of defining "source," means "related."
ATTAINMENT AREA means a geographic area designated by EPA at 40 CFR Part 81 as having attained the National Ambient Air Quality Standard for a given criteria pollutant.
AUTHORITY means the Olympic Air Pollution Control Authority.
AUTHORIZED PERMITTING AGENT means either the county, county fire marshall, fire districts, or county conservation district, provided an agreement has been signed with the local air pollution control authority or Department of Ecology.
BEST AVAILABLE CONTROL TECHNOLOGY (BACT) means an emission limitation (including a visible emission standard) based on the maximum degree of reduction for each air pollutant subject to this regulation which would be emitted from any proposed new or modified 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 sources or modification through application of production processes, available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such air pollutant. In no event shall application of the best available technology result in emissions of any air pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part 61. If the reviewing authority determines that technological or economic limitations on the application of the imposition of an emission standard is infeasible, it may instead prescribe a design, equipment, work practice or operational standard, or combination thereof, to meet the requirement of BACT. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results. The term "all known available and reasonable methods of emission control" is interpreted to mean the same as best available control technology.
BEST AVAILABLE RETROFIT TECHNOLOGY (BART) means any 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 source. 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. If an emission limitation is not feasible, a design, equipment, work practice, operational standard, or combination thereof, may be required.
BOARD means the Board of Directors of the Olympic Air Pollution Control Authority.
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.
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.
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; and,
Spokane Indian Reservation.
COMBUSTIBLE REFUSE means any burnable waste material containing carbon in a free or combined state other than liquid or gases.
COMBUSTION AND INCINERATION UNITS means units using combustion for waste disposal, steam production, chemical recovery or other process requirements; but excludes open burning.
COMMENCED, as applied to 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 onsite construction of the source, to be completed within a reasonably time; or
(b) Entered into binding agreements or contractual obligations, which cannot be canceled 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.
For the purposes of this definition, "necessary preconstruction approvals" means those permits or orders of approval required under federal air quality control laws and regulations, including state, local, and federal regulations and orders contained in the SIP.
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.
CONTROL APPARATUS means any device which prevents or controls the emission of any air contaminant.
CONTROL OFFICER means the Air Pollution Control Officer of the Olympic Air Pollution Control Authority. Executive Director means the same as Control Officer.
CRITERIA POLLUTANT means a pollutant for which there is established a National Ambient Air Quality Standard at 40 CFR Part 50. The criteria pollutants are carbon dioxide (CO), particulate matter, ozone (O3), sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).
DAYLIGHT HOURS means the hours between official sunrise and official sunset.
DIRECTOR means director of the Washington State Department of
Ecology or duly authorized representative.
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.
ECOLOGY means the Washington State Department of Ecology.
EMISSION means a release of air contaminants into the ambient air.
EMISSION LIMITATION or EMISSION STANDARD means requirement established by the EPA, Ecology, or the Authority which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.
EMISSION POINT means the location (place in horizontal plane and vertical elevation) at which an emission enters the atmosphere.
EMISSION REDUCTION CREDIT (ERC) means a credit granted pursuant to WAC 173-400-131. This is a voluntary reduction in emissions.
EMISSION UNIT means any part of a source or a stationary source which emits or would have the potential to emit any pollutant subject to regulation.
EPA means the United States Environmental Protection Agency (USEPA).
EQUIPMENT means any stationary or portable device, or any part thereof, capable of causing the emission of any air contaminant into the atmosphere.
EXCESS EMISSION means emissions of an air pollutant in excess of an emission standard or emission limitation.
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).
FACILITY is defined as all emission units in the same industrial grouping located on contiguous or adjacent properties and under common ownership of control.
FEDERAL CLASS I AREA means any federal land that is classified or reclassified Class I. The following areas are federal 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; and
Pasayten Wilderness.
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.
FEDERALLY ENFORCEABLE means all limitations and conditions which are enforceable by EPA, including those requirements developed under 40 CFR Parts 60 and 61, requirements within any established under 40 CFR 52.21 or under a SIP approved new source review regulation, including operating permits issued under chapter 173-401 WAC and expressly requires adherence to any permit issued under these programs.
FEDERAL LAND MANAGER means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.
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.
FUEL BURNING EQUIPMENT means any equipment, device or contrivance used for the burning of any fuel, and all appurtenances thereto, including ducts, breechings, control equipment, fuel feeding equipment, ash removal equipment, combustion controls, stacks, chimneys, etc., used for indirect heating in which the material being heated is not contacted by and adds no substances to the products of combustion.
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.
FUGITIVE EMISSIONS means emissions which do not pass, and which could not reasonably pass, through a stack, chimney, vent, or other functionally equivalent opening.
GARBAGE means refuse, animal or vegetable matter as from a kitchen, restaurant or store.
GENERAL PROCESS UNIT means an emissions unit using a procedure or combination of procedures for the purpose of causing a change in material by either chemical or physical means, excluding combustion.
GENERATING EQUIPMENT means any equipment, device, process or system that creates any air contaminant(s) or toxic air pollutant(s).
GOOD ENGINEERING PRACTICE (GEP) refers to a calculated stack height based on the equation specified in WAC 173-400-200 (2)(a)(ii).
HOG-FUEL means wood slabs, edging, trimmings, etc., which have been put through a "hog" to reduce them to a uniform small size, and also includes shavings from planing mills, sawdust from saw-kerfs, bits of bark, chips and other small recovered products from the manufacture of wood products or any combination thereof.
IDENTICAL UNITS means units installed and operated in a similar manner on the same premises provided the materials handled, processed, or burned are substantially the same in composition and quantity and their design, mode of operation, connected devices and types and quantities of discharge are substantially the same.
IMPAIRED AIR QUALITY means a condition declared by the department or a local air authority in accordance with the following criteria:
(a) Meteorological conditions are conducive to accumulation of air contamination concurrent with:
(1) Particulate that is ten micron and smaller in diameter (PM-10) at or above an ambient level of sixty (60) micrograms per cubic meter measured on a twenty-four-hour average; or
(2) Carbon monoxide at an ambient level of eight parts of contaminant per million parts of air by volume (ppm) measured on an eight-hour average.
(b) Air quality that threatens to exceed other limits established by the department or a local air authority.
INCINERATOR means a furnace used primarily for the thermal destruction of waste.
IN OPERATION means engaged in activity related to the primary design function of the source.
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 Class I area.
LIDAR (Light Detection and Ranging) means the EPA alternate method 1 determination of the opacity of emissions from stationary sources remotely by lidar.
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.
MAJOR MODIFICATION means any physical change, or change in the
method of operation, of a major source that would result in a
significant net emissions increase of any pollutant subject to
regulation under the Federal Clean Air act. Any net emissions
increase that is considered significant for volatile organic
compounds and 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 source which:
(1) The 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
(2) the source is approved to use under any permit issued under regulations approved pursuant to this section;
(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 of a source.
(h) The addition, replacement, or use of a pollution control project (as defined in 40 CFR 51.166, in effect on July 1, 2001) at an existing electric utility steam generating unit, unless the permitting agency determines that such addition, replacement, or use renders the unit less environmentally beneficial, or except:
(1) When the permitting agency has reason to believe that the pollution control project would result in a significant net emissions increase in representative actual annual emissions of any criteria pollutant over levels used for that source in the most recent air quality impact analysis in the area conducted for the purpose of title I of the Federal Clean Air Act, if any; and
(2) The permitting agency determines that the increase will cause or contribute to a violation of any National Ambient Air Quality Standard or PSD increment, or visibility limitation.
(i) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the SIP, and other requirements necessary to attain and maintain the National Ambient Air Quality Standard during the project and after it is terminated.
MAJOR SOURCE means:
(a) Any source which:
(1) 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 Act;
(2) 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;
(3) Is located in a "serious" carbon monoxide nonattainment area where 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
(4) Is located in a "serious" particulate matter (PM-10) nonattainment area and which emits or has the potential to emit seventy tons per year or more of PM-10 emissions.
(5) Emits or has the potential to emit 10 tons or more per year of any toxic air pollutant or 25 tons per year of any combination of toxic air pollutants.
(b) Any physical change that would occur at a source not qualifying under (a) of this subsection as a major source, if the change would constitute a major source by itself;
(c) A major source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone;
(d) The fugitive emissions of a source shall not be included in determining for any of the purposes of this section whether it is a major source, unless the source belongs to one of the following categories of sources or the source is a major source solely due to paragraphs (a)(3) or (a)(4) of this subsection:
(1) Coal cleaning plants (with thermal dryers);
(2) Kraft pulp mills;
(3) Portland cements plants;
(4) Primary zinc smelters;
(5) Iron and steel mills;
(6) Primary aluminum ore reduction plants;
(7) Primary copper smelters;
(8) Municipal incinerators capable of charging more than two hundred fifty tons of refuse per day;
(9) Hydrofluoric, sulfuric, or nitric acid plants;
(10) Petroleum refineries;
(11) Lime plants;
(12) Phosphate rock processing plants;
(13) Coke oven batteries;
(14) Sulfur recovery plants;
(15) Carbon black plants (furnace process);
(16) Primary lead smelters;
(17) Fuel conversion plants;
(18) Sintering plants;
(19) Secondary metal production plants;
(20) Chemical process plants;
(21) Fossil fuel boilers (or combination thereof) totaling more than two hundred fifty million British thermal units per hour heat input;
(22) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels;
(23) Taconite ore processing plants;
(24) Glass fiber processing plants;
(25) Charcoal production plants;
(26) Fossil fuel fired steam electric plants of more than two hundred fifty million British thermal units per hour heat input; and
(27) 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.
MANDATORY CLASS I FEDERAL AREA means any area defined in § of the FCAA, Subpart D as amended through the adoption date of this rule. 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.
MASKING means the mixing of a chemically nonreactive control agent with a malodorous gaseous effluent to change the perceived odor.
MATERIALS HANDLING means the handling, transporting, loading, unloading, storage, and transfer of materials with no significant chemical or physical alteration.
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 sources or that results in the emissions of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.
NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) means an ambient air quality standard set by EPA at 40 CFR Part 50 and includes standards for carbon monoxide (CO), particulate matter, ozone (O3), sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) means the federal regulations set forth in 40 CFR Part 61.
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES means the federal rules in 40 CFR Part 63.
NATURAL CONDITIONS means naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.
NET EMISSIONS INCREASE means:
(a) The amount by which the sum of the following exceeds zero:
(1) Any increase in actual emissions from a particular change or change in method of operation at a source; and
(2) 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 before the date that the increase from the particular change occurs.
(c) An increase or decrease in actual emissions is creditable only if:
(1) 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 over the life of the ERC shall be counted against the ERC.
(2) Ecology or the Authority has not relied on it in issuing an order of approval for the source under regulations approved pursuant to CFR Part 51, Subpart I or the EPA has not relied on it in issuing a PSD permit pursuant to 40 CFR 52.21 which the 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:
(1) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
(2) It is federally enforceable at and after the time that actual construction on the particular change begins;
(3) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and
(4) Ecology or the Authority has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR 51 Subpart I 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.
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.
NEW SOURCE PERFORMANCE STANDARDS (NSPS) means the federal regulations set forth in 40 CFR Part 60.
NONATTAINMENT AREA means a clearly delineated geographic area
which has been designated by EPA at 40 CFR Part 81 and
promulgated as exceeding a national ambient air quality standard
for a given or standards for one or more of the criteria
pollutant. s, which includes carbon monoxide, fine particulate
matter (PM-10) sulfur dioxide, ozone, and nitrogen dioxide. An
area is nonattainment only for the pollutants for which the area
has been designated nonattainment.
NONROAD ENGINE means
(a) Except as discussed in (b) of this subsection, a nonroad engine is any internal combustion engine:
(1) In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers; or
(2) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or
(3) That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Incidia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.
(b) An internal combustion engine is not a nonroad engine if:
(1) The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Federal Clean Air Act; or
(2) The engine is regulated by a New Source Performance Standard promulgated under section 111 of the Federal Clean Air Act; or
(3) The engine otherwise included in (a)(3) of this subsection remains or will remain at a location for more than twelve consecutive months or a short period of a time for an engine located at a seasonal source. A location is a single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.
NOTICE OF CONSTRUCTION APPLICATION means a written application to permit construction of a new source, modification of an existing source, or replacement or substantial alteration of control technology at an existing source. Replacement or substantial alteration of control technology does not include routine maintenance, repair, or parts replacement.
NUISANCE means an emission that unreasonably interferes with the use and enjoyment of property.
OPACITY means the degree to which an object seen through a plume is obscured, stated as a percentage.
OPEN BURNING means the combustion of material in an open fire or in an open 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.
OPEN FIRE means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator or kiln.
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, after review of all information received including public comment as required under Article 5 and Article 7.
OWNER means and includes the person who owns, leases, supervises or operates the equipment or control apparatus.
PARTICULATE MATTER OR PARTICULATES means any liquid, other than water, or any solid, which is so finely divided as to be capable of becoming windblown or being suspended in air, or other gas or vapor.
PARTICULATE MATTER EMISSIONS means all finely divided solid or liquid
material, other than uncombined water, emitted to the ambient air
as measured by a preapproved method by the Authority. applicable
reference methods, or an equivalent or alternative method
specified in Title 40, chapter I of the Code of Federal
Regulations or by a test method specified in the SIP.
PARTS PER MILLION (ppm) means parts of a contaminant per million parts of gas, by volume, exclusive of water or particulates.
PERMIT means a written warrant or license granted by the Board, Control Officer, or duly authorized Representative or Agent.
PERSON means an individual, firm, public or private corporation, association, partnership, political subdivision, municipality or government agency.
PM10 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.
PM10 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 (SIP).
POTENTIAL CONTROLLED EMISSIONS means the emissions from a facility determined as if the facility was operated at maximum capacity, 8,760 hours per year with control equipment operating. Operating control equipment can be considered only if the affect such controls have on emissions is federally enforceable.
POTENTIAL TO EMIT means the maximum capacity of a 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 source.
POTENTIAL UNCONTROLLED EMISSIONS means the emissions from a facility determined as if the facility was operated at maximum capacity, 8,760 hours per year with control equipment NOT operating.
PREVENTION OF SIGNIFICANT DETERIORATION (PSD) means the program set forth in WAC 173-400-141. Ecology has adopted the federal PSD program contained in 40 CFR 52.21 with some changes, which are described in WAC 173-400-141.
PROCESS means any equipment, device apparatus, chemical, natural element, procedure, effort, or any combination thereof which performs a service, function, use, or method, leading to an end of a particular performance, or manufacturing production.
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.
REASONABLE ALTERNATIVES means disposal alternatives to open burning that cost less than eight dollars fifty cents per cubic yard. After July 1993, this amount shall be adjusted periodically by department policy.
REASONABLY ATTRIBUTABLE means attributable by visual observation or any other technique the Authority deems appropriate.
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 quality, and the capital and operating costs of the additional controls. RACT requirements for any source category shall be adopted only after notice and opportunity for comment are afforded.
RECREATIONAL FIRE means barbecues and campfires, using charcoal, natural gas, propane, or natural wood, which occur in designated areas, or on private property. Fires used for debris disposal purposes are not considered recreational fires.
REFUSE means waste as defined in Section 1.07 of this Regulation.
REGULATION 1 means any regulation, or any subsequently adopted additions or amendments thereto, of the Olympic Air Pollution Control Authority.
REGULATORY ORDER means an order issued by Ecology or the Authority to an air contaminant source which approves a notice of construction application, limits emissions and/or establishes other air pollution control requirements.
REPRESENTATIVE or AGENT means any person authorized by the Control Officer of the Authority to represent him in an official and specific manner.
RESIDENTIAL means a two or single family unit.
RUBBISH means waste as defined in Section 1.07 of the Regulation.
SALVAGE OPERATION means any operation conducted in whole or in part for the salvaging or reclaiming of any product.
SIGNIFICANT means a rate of emissions equal to or greater than
any one of the following rates:
| 40)) |
SILVICULTURAL BURNING means burning on any land the Department of Natural Resources protects per RCW 70.94.030(13), 70.94.660, 70.94.690, and pursuant to Chapter 76.04 RCW.
SOURCE means all of the emissions unit(s) and all of the pollutant emitting activities which belong to the same industrial grouping, including quantifiable fugitive emissions, that are located on one or more contiguous 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. 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.
SOURCE CATEGORY means all sources of the same type or classification.
STACK means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct.
STACK HEIGHT means the height of an emission point measured from the ground level elevation at the base of the stack.
STANDARD CONDITIONS means a temperature of 20ºC (68ºF) and a pressure of 760 mm (29.92 inches) of mercury.
STANDARD CUBIC FOOT OF GAS means that amount of the gas which would occupy a cube having dimensions of one foot on each side, if the gas were free of water vapor and at standard conditions.
STATE ACT means the Washington Clean Air Act, Chapter 70.94 RCW, as amended.
STATE IMPLEMENTATION PLAN (SIP) means the Washington SIP in 40 CFR Part 52, subpart WW. The SIP contains state, local and federal regulations and orders, the state plan and compliance schedules approved and promulgated by EPA, for the purpose of implementing, maintaining, and enforcing the National Ambient Air Quality Standards.
STATIONARY SOURCE means any source as defined in this section which is fixed in location temporarily or permanently. 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.
SULFURIC ACID PLANT means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge.
TEMPORARY means a period of time not to exceed one (1) year.
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.
TOTAL SUSPENDED PARTICULATE means particulate matter as measured by
the method described in 40 CFR Part 50 Appendix B as in effect on
July 1, 1988.
TOXIC AIR POLLUTANT(S) (TAP) means any class A or Class B toxic air pollutant listed in WAC 173-460-150 and/or WAC 173-460-160.
UNCLASSIFIABLE AREA means an area that cannot be designated attainment or nonattainment on the basis of available information as meeting or not meeting the National Ambient Air Quality Standard for the criteria pollutant and that is listed by EPA at 40 CFR Part 81.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) shall be referred to as EPA.
URBAN GROWTH AREA means an area defined by RCW 36.70A.030.
VENT means any opening through which gaseous emissions are exhausted into the ambient air.
VISIBILITY IMPAIRMENT means any humanly perceptible change
degradation in visibility (light extinction, visual range,
contrast, or coloration) from that which would have existed under
not caused by natural conditions.
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.
VOLATILE ORGANIC COMPOUND (VOC) means any compound that participates in atmospheric photochemical reactions:
(a) Exceptions. The following compounds are not a VOC:
acetone; 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 any organic
compound other than the following, which have negligible
photochemical activity: Mmethane; ethane, methylene chloride
(dichloromethane); 1,1,1-trichloroethane (methyl chloroform);
1,1,12-trichloro 21,2,2-trifluoroethane (CFC-113);
trichlorofluoromethane (CFC-11); dichlorodifluoromethane
(CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane
(HFC-23); 1,1,2-trichloro 1,1,2,2-tetrafluoroethane (CFC-114);
chloropentafluoroethane (CFC-115); 1,1,1-trifluoro
2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane
(HCFC-134a124); 1,1-dichloro 1-fluorethane (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; perchloroethylene
(tetrachloroetheylene); 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); diflouromethane (HFC-32); ethylflouride (HFC-161);
1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
1,1,2,2,3-pentafluoropropane (HFC-245ca);
1,1,2,3,3-pentaflouropropane (HFC-245ea);
1,1,1,2,3-pentafluoropropane (HFC-245eb);
1,1,1,3,3-pentaflouropropane (HFC-245fa);
1,1,1,2,3,3-hexaflouropropane (HFC-236ea);
1,1,1,3,3-pentaflourobutane (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 acetate and perfluorocarbon compounds
which fall into these classes:
(1) Cyclic, branched, or linear completely fluorinated alkanes;
(2) Cyclic, branched, or linear completely fluorinated
ethers with no unsaturations; and
(3) Cyclic, branched, or linear completely fluorinated tertiary amines with no unsaturations; and
(4) (3) 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 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.
WASTE means unproductive, worthless, useless or rejected material.
WASTE-WOOD BURNER means equipment or facility used solely for the combustion-disposal of waste wood without heat recovery. Such burners shall include, but not be limited to, a wigwam burner, a silo-type burner, or an air-curtain burner.
WIGWAM or TEPEE BURNER - see Waste-wood Burner.
SECTION 7.05 ISSUANCE OF APPROVAL ORDER
(a) As soon as practicable after receipt of Notice of
Construction and Application for Approval, and, if public
noticing is required pursuant to Section 7.04, after
consideration of any comments and testimony received, t Following
the timeline in Section 7.21, Tthe Authority Board or Control
Officer shall issue either:
(1) an Approval Order for the proposed project or
(2) an Order to Deny Approval (if an Order that the
construction, installation or establishment of a new air
contaminant source will not be in accordance with the applicable
federal, state, and local requirements with the applicable
emissions standards as that are in effect at the time of filing
the Notice of Construction and Application for Approval).
Failure to comply with any term or condition of an Approval Order
constitutes a violation of this section and is subject to
penalties pursuant to RCW 70.94.430 and RCW 70.94.431.
(b) No approval will be issued unless, upon the information
required by Section 7.01 and 7.03 evidences to the Control
Officer or the Board that:
(1) The equipment or control apparatus is designed and will be installed to operate without causing violation of any law or regulation of the Authority.
(2) Upon request of the Control Officer or Board, equipment or control apparatus having a stack three (3) feet or more in diameter is provided with:
(i) (1) Sampling ports of a size, number and location as the
Authority may require; and
(ii) (2) Safe access to each port; and
(iii) (3) Such other sampling and testing facilities as the
Control Officer or Board may require.
(3) The equipment incorporates all known available and
reasonable methods of emission control and will meet the
requirements of all applicable Standards of Performance
promulgated by the United States Environmental Protection Agency.
(c) If the Board or Control Officer determines that the construction, installation or establishment of a new air contaminant source or sources will not comply with all laws or regulations of the Authority, the Board or Control Officer shall issue an Order for the prevention of the construction, installation or establishment of the air contaminant source or sources; and
(1) The Order shall be in writing;
(2) The Order shall set forth the objections in detail with reference to the specific law or section or sections of the Regulation that will not be met by the proposed construction, installation or establishment;
(3) The Order shall be signed by the Control Officer or an authorized representative.
(d) Any Order issued pursuant to this section shall become final unless, no later than twenty (20) days after the date the Order is served pursuant to Section 3.21 of the Regulation, the owner or applicant petitions for a reconsideration of the Order, stating reasons for the reconsideration.
(1) The Board or Control Officer shall consider the petition and shall within thirty (30) days give written notice of approval or disapproval of the petition, setting forth the reasons for disapproval.
(2) If the petition of the owner or applicant is disapproved, the owner or applicant may appeal to the Pollution Control Hearings Board of the State of Washington, pursuant to Section 3.17 of this Regulation.
(e) Any Order issued or the failure to issue such an order or approval, shall not relieve any person from their obligation to comply with any emission control requirement or with any other provision of law.
NEW SECTION
SECTION 7.17 Requirements for new sources in non-attainment
areas.
(a) Definitions: The following definitions apply to this
section:
(1) 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 Federal Clean Air Act.
(i) Any net emissions increase that is considered significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.
(ii) 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 section 2 (a) and (b) of the Energy Supply and Environmental 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 Federal Clean Air Act;
(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 source which:
(I) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit or approval order condition which was established after December 12, 1976, pursuant to 40 CFR 52.21 or a SIP approved new source review regulation; or
(II) The source is approved to use under any permit or approval order issued under WAC 173-400-112;
(F) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit or approval order condition which was established after December 21, 1976, pursuant to 40 CFR 52.21 or a SIP approved new source review regulation.
(G) Any change in ownership at a source.
(H) The addition, replacement, or use of a pollution control project (as defined in 40 CFR 51.165 (a)(1)(xxv), in effect on July 1, 2001) at an existing electric utility steam generating unit, unless the Authority determines that such addition, replacement, or use renders the unit less environmentally beneficial, or except:
(I) When the Authority has reason to believe that the pollution control project would result in a significant net emissions increase in representative actual annual emissions of any criteria pollutant over levels used for that source in the most recent air quality impact analysis in the area conducted for the purpose of title I of the Federal Clean Air Act, if any; and
(II) The Authority determines that the increase will cause or contribute to a violation of any National Ambient Air Quality Standard or PSD increment, or visibility limitation.
(I) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
(I) The SIP; and
(II) Other requirements necessary to attain and maintain the National Ambient Air Quality Standard during the project and after it is terminated.
(2) MAJOR STATIONARY SOURCE means:
(i) Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation under the Federal Clean Air Act, except that lower emissions thresholds shall apply as follows:
(A) 70 tons per year of PM-10 in any "serious" nonattainment area for PM-10.
(B) 50 tons per year of carbon monoxide in any "serious" nonattainment area for carbon monoxide where stationary sources contribute significantly to carbon monoxide levels in the area.
(ii) Any physical change that would occur at a stationary source not qualifying under (b)(i) of this subsection as a major stationary source, if the change would constitute a major stationary source by itself.
(iii) A major stationary source that is major for volatile organic compounds or NOx shall be considered major for ozone.
(iv) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this paragraph whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources or the source is a major stationary source due to (b)(i)(A) or (b)(i)(B) of this subsection:
(A) Coal cleaning plants (with thermal dryers);
(B) Kraft pulp mills;
(C) Portland cement plants;
(D) Primary zinc smelters;
(E) Iron and steel mills;
(F) Primary aluminum ore reduction plants;
(G) Primary copper smelters;
(H) Municipal incinerators capable of charging more than 50 tons of refuse per day;
(I) Hydrofluoric, sulfuric, or nitric acid plants;
(J) Petroleum refineries;
(K) Lime plants;
(L) Phosphate rock processing plants;
(M) Coke oven batteries;
(N) Sulfur recovery plants;
(O) Carbon black plants (furnace process);
(P) Primary lead smelters;
(Q) Fuel conversion plants;
(R) Sintering plants;
(S) Secondary metal production plants;
(T) Chemical process plants;
(U) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;
(V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
(W) Taconite ore processing plants;
(X) Glass fiber processing plants;
(Y) Charcoal production plants;
(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and
(AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Federal Clean Air Act.
(v) 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, as amended.
(3) NET EMISSIONS INCREASE means:
(i) The amount by which the sum of the following exceeds zero:
(A) Any increase in actual emissions from a particular physical change or change in method of operation at a source; and
(B) Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.
(ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs before the date that the increase from the particular change occurs.
(iii) An increase or decrease in actual emissions is creditable only if:
(A) 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 (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.
(B) The Authority has not relied on it in issuing any permit or order of approval for the source under this section or a previous SIP approved nonattainment area new source review regulation, which order or permit is in effect when the increase in actual emissions from the particular change occurs.
(iv) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
(v) A decrease in actual emissions is creditable only to the extent that:
(A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
(B) It is federally enforceable at and after the time that actual construction on the particular change begins;
(C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and
(D) The Authority has not relied on it in issuing any permit or order of approval under this section or a SIP approved nonattainment area new source review regulation; or the Authority has not relied on it in demonstrating attainment or reasonable further progress.
(vi) 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.
(4) 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 emissions that would equal or exceed any of the following rates:
Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Volatile organic compounds: 40 tpy
Lead: 0.6 tpy
PM-10: 15 tpy
(b) The Authority shall issue the order of approval to establish a new source or modification in a nonattainment area if it determines that the proposed project satisfies each of the following requirements:
(1) The proposed new source or modification will comply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted under chapter 70.94 RCW and applicable emission standards in Regulation 1.
(2) The proposed new source will employ BACT for all air contaminants, except that if the new source is a major stationary source or the proposed modification is a major modification it will achieve LAER for the air contaminants for which the area has been designated nonattainment and for which the proposed new source or modification is major.
(3) The proposed new source will not cause any ambient air quality standard to be exceeded, will not violate the requirements for reasonable further progress established by the SIP and will comply with Section 7.18 (a)(3) for all air contaminants for which the area has not been designated nonattainment.
(4) If the proposed new source is a major stationary source or the proposed modification is a major modification, the Authority has determined, based on review of an analysis performed by the source of alternative sites, sizes, production processes, and environmental control techniques, that the benefits of the project significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.
(5) If the proposed new source or the proposed modification is major for the air contaminant for which the area is designated nonattainment, allowable emissions from the proposed new source or modification of that air contaminant are offset by reductions in actual emissions from existing sources in the nonattainment area. Emission offsets must be sufficient to ensure that total allowable emissions from existing major stationary sources in the nonattainment area, new or modified sources which are not major stationary sources, and the proposed new or modified source will be less than total actual emissions from existing sources (before submitting the application) so as to represent (when considered together with the nonattainment provisions of section 172 of the Federal Clean Air Act) reasonable further progress. All offsetting emission reductions must satisfy the following requirements:
(i) The proposed new level of allowable emissions of the source or emissions unit(s) providing the reduction must be less than the current level of actual emissions of that source or emissions unit(s). No emission reduction can be credited for actual emissions which exceed the current allowable emissions of the source or emissions unit(s) providing the reduction. Emission reductions imposed by local, state, or federal regulations, regulatory orders, or permits required by the Federal Clean Air Act, including the SIP, cannot be credited.
(ii) The emission reductions must provide for a net air quality benefit. For marginal ozone nonattainment areas, the total emissions of volatile organic compounds or total emissions of nitrogen oxides are reduced by a ratio of 1.1 to 1 for the area in which the new source is located. For any other nonattainment area, the emissions offsets must provide a positive net air quality benefit in the nonattainment area. Determinations on whether emissions offsets provide a positive net air quality benefit will be made in accordance with the guidelines contained in 40 CFR 51 Appendix S (in effect on July 1, 2000).
(iii) If the offsets are provided by another source, the reductions in emissions from that source must be federally enforceable by the time the order of approval for the new or modified source is effective. An emission reduction credit issued under WAC 173-400-131 may be used to satisfy some or all of the offset requirements of this subsection.
(6) If the proposed new source is a major stationary source or the proposed modification is a major modification, the owner or operator has demonstrated that all major stationary sources owned or operated by such person (or by any entity controlling, controlled by, or under common control with such person) in Washington are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable emission limitations and standards under the Federal Clean Air Act, including all rules in the SIP.
(7) If the proposed project is subject to WAC 173-400-141, Ecology has issued a final PSD permit for all air contaminants subject to permitting under WAC 173-400-141.
(8) If the proposed new source or modification will emit any toxic air pollutants regulated under chapter 173-460 WAC, the source meets all applicable requirements of that chapter.
(9) If the proposed new source is a major stationary source within the meaning of WAC 173-400-113(1), or the proposed modification is a major modification within the meaning of WAC 173-400-113(1), the project meets the Special protection requirements for federal Class I areas in WAC 173-400-117.
NEW SECTION
SECTION 7.18 Requirements for new sources in attainment or
unclassifiable areas.
(a) The Authority shall issue an order of approval to
establish a new source or modification in an attainment or
unclassifiable area if it determines that the proposed project
satisfies each of the following requirements:
(1) The proposed new source or modification will comply with all applicable new source performance standards, national emission standards for hazardous air pollutants, national emission standards for hazardous air pollutants for source categories, emission standards adopted under chapter 70.94 RCW and applicable emission standards in Regulation 1.
(2) The proposed new source or modification will employ BACT for all pollutants not previously emitted or whose emissions would increase as a result of the new source or modification.
(3) Allowable emissions from the proposed new source or modification will not delay the attainment date for an area not in attainment nor cause or contribute to a violation of any ambient air quality standard. This requirement will be considered to be met if the projected impact of the allowable emissions from the proposed new source or the projected impact of the increase in allowable emissions from the proposed modification at any location within a nonattainment area does not exceed the following levels for the pollutants for which the area has been designated nonattainment:
| Pollutant | Annual Average |
24-Hour Average |
8-Hour Average |
3-Hour Average |
1-Hour Average |
| CO | - | - | 0.5 mg/m3 | - | 2 mg/m3 |
| SO2 | 1.0 µg/m3 | 5 µg/m3 | - | 25 µg/m3 | 30 µg/m3 |
| PM10 | 1.0 µg/m3 | 5 µg/m3 | - | - | - |
| NO2 | 1.0 µg/m3 | - | - | - | - |
(4) If the proposed project is subject to WAC 173-400-141, Ecology has issued a final PSD permit..
(5) If the proposed new source or the proposed modification will emit any toxic air pollutants regulated under chapter 173-460 WAC, the source meets all applicable requirements of that program.
NEW SECTION
SECTION 7.19 Requirements for replacement or substantial
alteration of emission control technology at an existing
stationary source.
(a) Any person proposing to replace or substantially alter
the emission control technology installed on an existing
stationary source or emission unit shall file a notice of
construction application with the Authority. Replacement or
substantial alteration of control technology does not include
routine maintenance, repair or similar parts replacement.
(b) For projects not otherwise reviewable under Article 7, the Authority may:
(1) Require that the owner or operator employ RACT for the affected emission unit;
(2) Prescribe reasonable operation and maintenance conditions for the control equipment; and
(3) Prescribe other requirements as authorized by chapter 70.94 RCW.
(c) Within thirty days of receipt of a notice of construction application under this section the Authority shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application. Within thirty days of receipt of a complete notice of construction application under this section the Authority shall either issue an order of approval or a proposed RACT determination for the proposed project.
(d) Construction shall not "commence," on a project subject to review under this section until the Authority issues a final order of approval. However, any notice of construction application filed under this section shall be deemed to be approved without conditions if the Authority takes no action within thirty days of receipt of a complete notice of construction application.
(e) Approval to replace or substantially alter emission control technology shall become invalid if construction is not commenced within eighteen months after receipt of such approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable time. The Authority may extend the eighteen-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within eighteen months of the projected and approved commencement date.
NEW SECTION
SECTION 7.20 Change of conditions.
(a) The owner or operator may request, at any time, a change
in conditions of an approval order issued by the Authority and
the Authority may approve the request provided the Authority
finds that:
(i) The change in conditions will not cause the source to exceed an emissions standard;
(ii) No ambient air quality standard or PSD increment will be exceeded as a result of the change;
(iii) The change will not adversely impact the ability of the Authority to determine compliance with an emissions standard;
(iv) The revised order will continue to require BACT, as defined at the time of the original approval, for each new source approved by the order except where the Federal Clean Air Act requires LAER; and
(v) The revised order meets the requirements of Article 7, as applicable.
(b) Actions taken under this subsection are subject to the public involvement provisions of Section 7.04.
(c) Requests shall be made on forms provided by the Authority and shall follow the procedures and timelines for a Notice of Construction application as specified in Article 7. The fee schedule found in Section 7.13 shall also apply to these requests.
NEW SECTION
SECTION 7.21 APPLICATION PROCESSING
(a) Within thirty days after receiving a notice of
construction application, the Authority shall either notify the
applicant in writing that the application is complete or notify
the applicant in writing of all additional information necessary
to complete the application.
(b) Within sixty days of receipt of a complete notice of construction application, the Authority shall either issue a final decision on the application per Section 7.05 or initiate public notice per Section 7.04 on a proposed decision, followed as promptly as possible by a final decision.
(c) A person seeking approval to construct or modify a source that requires an operating permit may elect to integrate review of the operating permit application or amendment required under RCW 70.94.161 and the notice of construction application required by this section. A notice of construction application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines in chapter 173-401 WAC. A PSD application under WAC 173-400-141, a notice of construction application for a major modification (as defined in Section 7.17) in a nonattainment area or a notice of construction application for a major stationary source (as defined in Section 7.17) in a nonattainment area must also comply with WAC 173-400-171.
(d) Every final determination on a notice of construction application shall be reviewed and signed prior to issuance by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the Authority.
(e) If the new source is a major stationary source (as defined in Section 7.17) or the change is a major modification (as defined in Section 7.17), the Authority shall:
(i) Submit any control technology determination included in a final order of approval to the RACT/BACT/LAER clearinghouse maintained by EPA; and
(ii) Send a copy of the final approval order to EPA.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Olympic Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The spelling errors in the above material occurred in the copy filed by the Olympic Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.