WSR 17-01-099

PERMANENT RULES

[Filed December 16, 2016, 4:20 p.m., effective February 1, 2017]

Effective Date of Rule: February 1, 2017.

Purpose: This technical amendment is being proposed to address changes to the federal Air Emissions Reporting Rule (AERR). More specifically, this amendment pertains to reporting requirements for lead (Pb) emissions. Every three years the agency reports to the United States Environmental Protection Agency (EPA), the amount of lead and/or lead compounds that stationary sources emitted, but only if they are above the reporting threshold specified by EPA. EPA's thresholds and other reporting requirements are in the federal AERR rule found at 40 C.F.R. Part 51. Currently, the agency has in place reporting thresholds for lead of 2.5 tons per year for smaller sources (Regulation I, Section 5.05) and 2 tons per year of "lead and lead compounds" for larger sources (Regulation I, Section 7.09). In an update to the AERR (finalized in the Federal Register on February 19, 2015), EPA lowered their lead reporting threshold from 5 tons per year to 0.5 tons per year, making the agency's regulations out of sync with federal requirements. To address this discrepancy between EPA's and the agency's lead reporting thresholds, we are proposing that Regulation I, Sections 5.05 and 7.09 both explicitly include a lead reporting threshold and reduce the reporting threshold to 0.5 ton/year for all sources.

Citation of Existing Rules Affected by this Order: Amending Regulation I, Sections 5.05 and 7.09.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 16-22-085 on November 2, 2016.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 15, 2016.

Craig Kenworthy

Executive Director

(a) The owner or operator of a source requiring registration under Section 5.03 of this regulation shall make reports containing information as required by the Agency concerning location, size, and height of contaminant outlets, processes employed, nature and quantity of the air contaminant emission, and such other information as is relevant to air pollution and available or reasonably capable of being assembled. The owner or operator shall be responsible for obtaining the proper forms from the Agency, notifying the Agency of its existence (including changes in its ownership or name), and for the accuracy, completeness, and timely submittal of all registration reports and fees.

(b) The owner or operator of a source requiring registration under Section 5.03 of this regulation shall submit a report by June 30th of each year, listing the emissions of those air contaminants emitted during the previous calendar year that equaled or exceeded:

(1) 2.50 tons of any single hazardous air pollutant (HAP);

(2) 6.25 tons of total hazardous air pollutants (HAP); ((or))

(3) 25.0 tons of carbon monoxide (CO), nitrogen oxides (NOx), particulate matter (PM2.5 or PM10), sulfur oxides (SOx), or volatile organic compounds (VOC)((.)); or

(c) The owner or operator of a registered source shall develop and implement an operation and maintenance plan to ensure continuous compliance with Regulations I, II, and III. A copy of the plan shall be filed with the Control Officer upon request. The plan shall reflect good industrial practice and shall include, but not be limited to, the following:

(1) Periodic inspection of all equipment and control equipment;

(2) Monitoring and recording of equipment and control equipment performance;

(3) Prompt repair of any defective equipment or control equipment;

(4) Procedures for start up, shut down, and normal operation;

(5) The control measures to be employed to ensure compliance with Section 9.15 of this regulation; and

(6) A record of all actions required by the plan.

The plan shall be reviewed by the source owner or operator at least annually and updated to reflect any changes in good industrial practice.

(a) Emission Reporting. An emission report shall be required from each owner or operator of an operating permit source, listing those air contaminants emitted during the previous calendar year that equal or exceed the following (tons/year):

carbon monoxide (CO) emissions. . . .25

facility combined total of all toxic air

   contaminant (TAC) emissions. . . .6

any single toxic air contaminant (TAC) emissions

   (excluding lead, but including lead compounds). . . .2

nitrogen oxide (NOx) emissions. . . .25

particulate matter (PM10) emissions. . . .25

particulate matter (PM2.5) emissions. . . .25

sulfur oxide (SOx) emissions. . . .25

volatile organic compounds (VOC) emissions. . . .25

Annual emission rates shall be reported to the nearest whole tons per year for only those air contaminants that equal or exceed the thresholds above, except lead which must be reported to the nearest tenth of a ton. The owner or operator of a source requiring a Title V operating permit under this Article shall maintain records of information necessary to document any reported emissions or to demonstrate that the emissions were less than the above amounts.

(b) Operation and Maintenance Plan. Owners or operators of air contaminant sources subject to Article 7 of this regulation shall develop and implement an operation and maintenance plan to assure continuous compliance with Regulations I, II, and III. A copy of the plan shall be filed with the Control Officer upon request. The plan shall reflect good industrial practice and shall include, but not be limited to, the following:

(1) Periodic inspection of all equipment and control equipment;

(2) Monitoring and recording of equipment and control equipment performance;

(3) Prompt repair of any defective equipment or control equipment;

(4) Procedures for start up, shut down, and normal operation;

(5) The control measures to be employed to assure compliance with Section 9.15 of this regulation; and

(6) A record of all actions required by the plan.

The plan shall be reviewed by the source owner or operator at least annually and updated to reflect any changes in good industrial practice.

(c) Compliance Reports. After June 30, 2009, owners or operators of air contaminant sources subject to Article 7 of this regulation shall submit complete copies of all required compliance reports to this Agency in electronic format as an attachment to an e-mail message. The date the document is received by the Agency e-mail system shall be considered the submitted date of the report. Original written documents shall also be submitted for record purposes. Nothing in this section waives or modifies any requirements established under other applicable regulations.