U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 296
Air Pollution Regulations in State
Implementation Plans: Washington
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
PB 290296
United States
Environmental Protection
Agency
Office of Air Quality
Banning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-097
August 1978
Air
c/EPA
Air Pollution Regulations
in State Implementation
Plans:
Washington
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U S DEPARTMENT OF COMMERCE
' SPRINGFIELD. VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-097
3. RECIPIENT'S ACCESSION NO.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
• Plans: Washington
S. REPORT DATE '
Auqust 1978
6. PERFORMING ORGANIZATION CODE
b
7 AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
13. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
21.
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
I
-------
EPA-450/3-78-097
Air Pollution Regulations
in State Implementation Plans
Washington
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical1
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-097
11
-------
INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities .or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
-------
SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
WASHINGTON
Submittal Date
7/18/72
2/15/73
10/11/73
6/14/74
9/10/73
5/23/75
11/6/75
Approval Date
10/28/72
6/20/73
2/25/74
11/21/74
10/29/75
10/29/75
5/25/76
Description
WAC 18-02, Puget Sec 1, 3, 5, 6,
7, 9, 11, 12
WAC 18-04, 18-06, 18-12, 18-40
WAC 18-24
Note: 18-24 disapproved
WAC 18-24
WAC 18-12, Puget Sec 1, 9,
Northwest Sec 501, Yakima Co.
Article V, VI, Olympic Article 9
Grant, Douglas, BF-WW, Spokane
County Reg II, APCA Sec 6.01
Olympic Article 9
Section Number
52.2474
52.2477
52.2481
52.2485
52.2486
52.2490
52.2491
52.2492
FEDERAL REGULATIONS
Description
Public Availability of Emission Data
Source Surveillance
Compliance Schedule
Inspection and Maintenance Program
Management of Parking Supply
Air Bleed to Intake Manifold Retrofit
Exhaust Gas Recirculation - Air Bleed
Computer Carpool Matching System
-------
Section Number Description
52.2493 Transit Improvement Measures
52.2494 Bike Lanes and Bike Racks
52.2497 Prevention of Significant Deterioration
VI
-------
DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VII
-------
50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VIII
-------
TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Section
Subject Index Number
(13.0) Chapter 18-02 WAC
(2.0) WAC 18-02-010
(2.0) WAC 18-02-020
(13.0) WAC 18-02-030
(14.0) WAC 18-02-040
(1.0) WAC 18-02-050
(2.0) Chapter 18-04 WAC
(2.0) WAC 18-04-010
(2.0) WAC 18-04-020
(1.0) WAC 18-04-030
(50.0) WAC 18-04-040
(51.9) WAC 18-04-050
(50.1.1) WAC 18-04-060
(50.0) WAC 18-040070
(6.0) WAC 18-04-080
(2.0) WAC 18-04-090
Ti tle Page
Record-Keeping, Reporting 1
and Public Availability
of Emission Data
Purpose 1
Classification 1
Record-Keeping and Reporting 2
Public Availability of 2
Emission Data
Definitions 2
General Regulation For Air 3
Pollution Sources
Purpose 3
Applicability 3
Definitions 3
General Standards For 5
Maximum Permissible Emissions
Minimum Emission Standards 8
For Combustion and Incinera-
tion Sources
Minimum Emission Standards
For General Process Sources
8
Minimum Standards For Certain 8
Source Categories
Compliance Schedules 11
Sensitive Area Designation 13
IX
-------
Revised Standard
Subject Index
(3.0)
(2.0)
(9.0)03.0)
05.0)
(2.0)
(5.0)
(2.0)
(2.0)
(2.0)
0.0)
(2.0)
(2.0)
(8.0)
(2.0)
0.0)
(8.0)
(8.0)
(8.0)
05.0)
(51.13)
(2.0)
(2.0)
Section
Number
WAC 18-04-100
WAC 18-04-110
WAC 18-04-120
WAC 18-04-130
WAC 18-04-140
WAC 18-04-150
Chapter 18-06
WAC 18-06-010
WAC 18-06-020
WAC 18-06-030
WAC 18-06-040
WAC 18-06-050
Chapter 18-08 WAC
WAC 18-08-010
WAC 18-08-020
WAC 18-08-030
WAC 18-08-040
WAC 18-08-050
WAC 18-08-060
Chapter 18-12 WAC
WAC 18-12-010
WAC 18-12-020
Title
Registration and General
Reporting
Notice of Construction
Monitoring and Special
Reporting
Regulatory Actions
Appeals
Variance
Sensitive Areas
Purpose
Applicability
Definitions
Sensitive Areas Designated
Standards
Emergency Episode Plan
Purpose
Definitions
Episode Stage Criteria
Source Emission Reduction
Plans
Action Procedures
Enforcement
Open Burning
Purpose
Applicability
Page
13
14
14
15
16
17
18
18
18
18
18
19
21
21
21
22
24
25
25
27
27
27
-------
Revised Standard Section
Subject Index
(1.0)
(8.0)
(51.13)
(2.0)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(2.0)
(2.0)
(51.13)
(2.0)
(i.o)
(6.0)
(51.13)
(2.0)
(2.0)
Number
WAC 18-12-030
WAC 18-12-035
WAC 18-12-045
WAC 18-12-055
WAC 18-12-065
WAC 18-12-075
WAC 18-12-085
WAC 18-12-095
WAC 18-12-100
WAC 18-12-110
WAC 18-12-120
WAC 18-12-130
WAC 18-12-140
Chapter 18-16 WAC
WAC 18-16-010
WAC 18-16-020
WAC 18-16-030
WAC 18-16-040
WAC 18-16-050
Chapter 18-20 WAC
Title Page
Definitions 27
Episodes 28
Prohibited Materials 28
Exceptions 29
Residential Open Burning 29
Commercial Open Burning 30
Agricultural Open Burning 31
No Burn Area Designation 32
Delegation of Agricultural 33
Open Burning Program
Certification of Alterna- 33
tives to Open Burning
Department of Natural 33
Resources - Smoke Management
Plan
Notice of Violation 34
Remedies 34
Burning of Field and Turf 35
Grasses Grown for Seed
Policy and Purpose 35
Definitions 35
Compliance Program 36
Mobile Field Burners 37
Other Approvals 37
Establishing Requirements 38
For the Receipt of State
Financial Aid
XI
-------
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(3.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(12.0)
(2.0)
(1.0)
(2.0)
(12.0)
.. (2.0)
(2.0)
(2.0)
Section
Number
MAC 18-20-010
WAC 18-20-020
WAC 18-20-030
WAC 18-20-040
WAC 18-20-050
WAC 18-20-060
WAC 18-20-070
WAC 18-20-080
WAC 18-20-090
WAC 18-20-100
Chapter 18-24
WAC 18-24-010
WAC 18-24-020
WAC 18-24-030
WAC 18-24-040
WAC 18-24-050
WAC 18-24-060
WAC 18-24-070
Title Page
Standards of Purpose and 38
Applicability
Definitions 38
Limitations 38
Applications 39
Workable Program 40
Grant Conditions 41
Payments 41
Changes, Amendments and 42
Supplemental State
Financial Aid
Termination 43
Federal Grants 43
State Jurisdiction Over 44
Motor Vehicles
Statement of Purpose and 44
Applicability
Definitions As Used In This 44
Chapter
Assumption of Jurisdiction 45
Standards of Motor Vehicles 45
Effective Date 46
Delegation 46
46
(2.0)
WAC 18-24-080
Applicability of Complex
Source Provisions
Fee
47
XII
-------
Revised Standard
Subject Index
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(51.12)(51.14)
(51.17)
(2.0)
(i.o)
(2.0)
(2.0)
(14.0)
(50.5)
(2.0)
(1.0)
(4.5)
(2.0)
(2.0)
(9.0)03.0)
Section
Number
WAC 18-24-090
WAC 18-24-100
WAC 18-24-110
WAC 18-24-120.
WAC 18-24-130
Chapter 18-28 WAC
WAC 18-28-010
WAC 18-28-020
WAC 18-28-030
WAC 18-28-040
WAC 18-28-050
Chapter 18-32 WAC
WAC 18-32-010
WAC 18-32-020
WAC 18-32-030
WAC 18-32-040
WAC 18-32-050
WAC 18-32-060
Title Page
Review of Proposed 47
Construction or Modification
Duration of Approval Orders 49
General Responsibilities 50
Information In Environmen- 50
tal Impact Statements
Sanctions 50
Information Reporting By 51
Thermal Power Plants,
Aluminum Plants and Chemical
Wood Pulp Mills
Statement of Purpose and 51
Applicability
Definitions 51
Submission of Information 51
Interim Procedure 52
Confidential Information 53
Carbon Monoxide Regulation 54
Preamble 54
Definitions 54
Air Quality Standard 55
Air Quality Objective 55
55
Method of Determination and 56
Reporting for Continuous
Infrared Analysis
(51.14) Chapter 18-36
Kraft Pulping Mills
59
XIII
-------
Revised Standard Section
Subject Index
(2.0)
(1.0)
(2.0)
(6.0)
(16.0)
(51.14)
(9.0)03.0)
(2.0)
(2.0)
(2.0)
(51.14)
(2.0)
0.0)
(4.0)
(4.0)
(6.0)
(9.0)03.0)
(2.0)
(2.0)
Number
WAC 18-36-010
WAC 18-36-020
WAC 18-36-030
WAC 18-36-040
WAC 18-36-045
WAC 18-36-050
WAC 18-36-060
WAC 18-36-070
WAC 18-36-080
WAC 18-36-090
WAC 18-36-100
Chapter 18-38 WAC
WAC 18-38-010
WAC 18-38-020
WAC 18-38-030
WAC 18-38-040
WAC 18-38-050
WAC 18-38-060
WAC 18-38-070
WAC 18-38-080
Title Page
Statement of Policy and 59
Purpose
Definitions 59
Emission Standards 61
Compliance 62
Repealed 62
Public Hearing 62
More Restrictive Emission 62
Standards
Monitoring and Reporting 62
Notice of Construction and 63
Submission of Plans and
Specifications
Special Studies 64
Exemption 64
Sulfite Pulping Mills 65
Statement of Policy and 65
Purpose
Definitions 66
Emission Standards 67
More Restrictive Emission 68
Standards
Compliance Schedule 69
Monitoring and Reporting 70
Special Studies 72
Exceptions 72
XIV
-------
Revised Standard Section
Subject Index
(2.0)
(50.1)
(2.0)
(i.o)
(4.0)
(2.0)
(9.0)
(13.0)
(4.1)
(2.0)
(i.o)
(4.0)
(2.0)
(9.0)
(13.0)
(50.1)
(2.0)
(i.o)
(2.0)
(9.0)
Number
WAC 18-38-090
Chapter 18-40 WAC
WAC 18-40-010
WAC 18-40-020
WAC 18-40-030
WAC 18-40-040
WAC 18-40-050
WAC 18-40-060
Chapter 18-44 WAC
WAC 18-44-010
WAC 18-44-020
WAC 18-44-030
WAC 18-44-040
WAC 18-44-050
WAC 18-44-060
Chapter 18-44 WAC
WAC 18-44-010
WAC 18-44-020
WAC 18-44-040
WAC 18-44-050
(13.0)
WAC 18-44-060
Title Page
Notice of Construction 72
and Submission of Plans
and Specifications
Suspended Particulate 74
Regulation
Preamble 74
Definitions 74
Air Quality Standard 75
Air Quality Objective 76
Method of Measurement 76
Reporting of Data 76
Particle Fallout Standards 77
Preamble 77
Definitions . 77
Air Quality Standard 78
Air Quality Objective 79
Method of Measurement and 79
Analysis
Reporting of Data 79
Particle Fallout Regulation 81
Preamble 81
Definitions 81
Air Quality Objective 82
Method of Measurement and 82
Analysis
Reporting of Data 82
xv
-------
Revised Standard Section
Subject Index
(50.3)(50.4)
(2.0)
(1.0)
(4.0)
(9.0)
(13.0)
(4.7)
(2.0)
(2.0)
(1.0)
(2.0)
(4.7)
(4.0)
(2.0)
(9.0)
(51.17)
(2.0)
(2.0)
(1-0)
(4.0)
(4.0)
Number
Chapter 18-46 WAC
WAC 18-46-010
WAC 18-46-020
WAC 18-46-030
WAC 18-46-040
WAC 18-46-050
Chapter 18-48 WAC
WAC 18-48-080
WAC 18-48-090
WAC 18-48-100
WAC 18-48-110
WAC 18-48-120
WAC 18-48-130
WAC 18-48-140
WAC 18-48-150
Chapter 18-52 WAC
WAC 18-52-010
WAC 18-52-015
WAC 18-52-020
WAC 18-52-030
WAC 18-52-040
Title
Photochemical Oxidant,
Hydrocarbons, Nitrogen
Dioxide
Preamble
Definitions
Air Quality Standards
Measurement
Reporting of Data
•Fluoride Standards
Preamble
Policy Limitations
Definitions
Intent of Regulations
Forage Standards
Ambient Air Standards
Compliance With Standards
Sampling and Analysis
Primary Aluminum Plants
Statement of Purpose
Objectives
Definitions
Emissions Standards
Revision of Emission
Page
84
84
84
85
85
85
86
86
86
86
87
87
87
88
88
89
89
89
89
91
91
(6.0)
WAC 18-52-050
Standards
Compliance
91
XVI
-------
Revised Standard Section
Subject Index
(9.0)
(13.0)
(2.0)
(4.2)
:. (2.0)
(1.0)
(4.0)
(2.0)
(9.0)
(13.0)
(50.0)
(2.0)
(1.0)
(2.0)
(15.0)
(14.0)
(6.0)
(6.0)
Number
WAC 18-52-060
WAC 18-52-070
WAC 18-52-080
Chapter 18-56 WAC
WAC 18-56-010
WAC 18-56-020
WAC 18-56-030
WAC 18-56-040
WAC 18-56-050
WAC 18-56-060
Chapter 18-60 WAC
WAC 18-60-010
WAC 18-60-020
WAC 18-60-030
WAC 18-60-040
WAC 18-60-050
WAC 18-36-040
WAC 18-52-050
Title Page
Monitoring 92
Reporting 92
Special Studies 93
Sulfur Oxide Standards 95
Preamble 95
Definitions 95
Air Quality Standards 96
Air Quality Objective 96
Method of Measurement 96
Data Reporting 97
Establishing Procedures For 98
Implementing Regulations
Applicable to Emissions From
Particular Types and Classes
of Air Contaminant Sources,
Regulatory Orders Containing
Compliance Schedules
Policy and Purpose
Definitions
Procedure
Penalty
Public Information
Compliance
Compliance
98
98
99
100
100
101
101
XVII
-------
Northwest Air Pollution Authority
Revised Standard
Subject Index
—
—
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(14.0)
(15.0)
(16.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(15.0)
(15.0)
Section
Number
Regulation 1
Chapter I
Section 1.01
Section 1.02
Section 1.03
Section 1.05
Section 1.07
Section 1.09
Section 1.11
Section 1.13
Section 1.15
Section 1.17
Section 1.19
Section 1.21
Section 1.23
Section 1.25
Section 1.27
Section 1.29
Section 1.30
Title
--
Organization and General
Provisions
Name of Authority
Short Title
Policy
Duties and Powers
Investigations and Studies
Confidential Information
Violations - Notice
Orders and Hearings
Appeals From Board Orders
Status of Orders on Appeal
Interference or Obstruction
False and Misleading Oral
Statements: Unlawful
Reproduction or Alteration
of Documents
Display of Orders, Certifi-
cates and other Notices:
Removal or Mutilation Prohi-
bi ted
Service of Notice
Separabi 1 i ty
Penalty
Civil Penalty
Page
102
102
102
102
102
103
103
104
104
104
105
105
105
105
106
106
106
107
107
XVIII
-------
Revised Standard Section
Subject Index
(15.0)
(1.0)
(2.0)
—
(2.0)
(2.0)
(4.0)
(2.0)
—
—
(2.0)
(3.0)
(2.0)
(3.0)
Number
Section 1.31
Section 1.33
Section 1.35
Chapter II
Section 2.01
Section 2.03
Section 2.05
Section 2.07
Regulation 2
Chapter I
Section 1.01
Section 1.03
Section 1.04
Section 1.05
(2.0)
(3.0)
(2.0)
(2.0)
(9.0)
Section 1.07
Section 1.09
Section 1.11
Section 1.13
Section 1.14
Title Page
Additional Enforcement 107
General Definitions 108
Adoption of State Law 111
Ambient Air Quality Ob-
jective's 112
Foreword 112
Ambient Air Quality Areas 112
Ambient Air Quality Objec-
tives 113
Application of Objectives 115
116
Control Procedures 116
Short Title 116
Registration Required 116
Approval to Operate Required 116
General Requirements for 116
Registration
Notice of Construction - 119
When Required
Information Required for 119
Notice of Construction and
Application for Approval
Issuance of Approval or 120
Order
Notice of Completion - 122
Order of Violation
Testing and Sampling 122
XIX
-------
Revised Standard
Subject Index
(2.0)
(2.0)
(5.0)
(2.0)
(2.0)
(50.1.2)
(51.9)
(51.13)
(50.2)
(50.2)
(50.1)
(50.6)
(50.7)
(2.0)
(50.11)
(7.0)
(50.7)
(51.13)
Section
Number
Section 1.15
Section 1 .16
Section 1.17
Chapter II
Section 2.01
Section 2.05
Section 2.07
Section 2.09
Section 2.11
Section 2.12
Section 2.13
Section 2.15
Section 2.16
Section 2.17
Section 2.19
Section 2.21
Section 2.23
Section 501
Title
Conditional Approval
Transfer
Variances
Emission Standards
Introduction
Page
123
124
124
126
126
Emission of Air Contaminant: 126
Visual Standard
Incinerator Burning 128
Refuse Burning Equipment: 128
Time Restriction
Emission of Sulfur Compounds 128
Emission of Sulfur Compounds 131
Emission of Particulate 133
Matter
Odor Control Measures 134
General Nuisance 134
Emission of Air Contaminent: 134
Concealment and Masking
Preventing Particulate 134
Matter From Becoming
Airborne
Report of Breakdown 135
Fluorides 135
Outdoor Fires - General 137
XX
-------
Puget Sound Air Pollution Control Agency
Revised Standard Section
Subject Index
(1.0)(2.0)
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(16.0)
(9.0)
(9.0)
(14.0)
(15.0)
(16.0)
(16.0)
C2:b)
'(2:0)
Number
Article 1
Section 1.01
Section 1.03
Section 1.05
Section 1.07
Article 3
Section 3.01
Section 3.03
Section 3.05
Section 3.07
Section 3.09
Section 3.11
Section 3.12
Section 3.13
Section 3.15
(2.0)
(2.0)
Section 3.17
Section 3.19
Title Page
Policy, Short Title and 140
Definitions
Policy 140
Name of Agency 140
Short Title 140
General Definitions 140
General Provisions 145
Duties and Powers of the 145
Board
Investigations and Studies 145
by the Control Officer
Investigation by Control 145
Officer
Confidential Information 146
Violations - Notice 146
Orders and Hearings 146
Appeals From Board Orders 146
Status of Orders on Appeal 146
Interfering With or Obstruct-147
ing Agency Personnel
False and Misleading Oral 147
Statements: Unlawful Re-
production or Alteration of
Documents
Display of Orders, Certifi- 147
cates and Other Notices:
Removal or Mutilation
Prohibited
XXI
-------
Revised Standard Section
Subject Index Number
(2.0)
(2.0)
(15.0)
(15.0)
(15.0)
(3.0)
(3.0)
(2.0)
(3.0)
(2.0)
(2.0)
(2.0)
(5.0)
(5.0)
(51.13)
(50.1.2)
(50.1)
(51.9)
(51.9)
Section 3.21
Section 3.23
Section 3.25
Section 3.27
Section 3.29
Section 5.03
Section 5.05
Section 6.03
Section 6.05
Section 6.07
Section 6.09
Section 6.11
Article 7
Section 7.01
Section 9.02
Section 9.03
Section 9.04
Section 9.05
Section 9.06
Title
Service of Notice
Separability
Penalty
Additional Enforcement
Civil Penalty
Registrations Required
General Requirements for
Registration
Notice of Construction -
When Required
Information Required for
Notice of Construction and
Application for Approval
Issuance of Approval or
Order
Notice of Completion -
Order of Violation
Conditional Approval
Variances
Variances
Outdoor Fires
147
148
148
148
148
149
149
151
152
153
154
155
155
155
157
Emission of Air Contaminant: 160
Visible Standard
Particulate Matter 161
Incinerator Burning 161
Refuse Burning Equipment: 162
Time Restriction
XXII
-------
Revised Standard Section
Subject Index Number
(50.2)
(50.1.1)
(2.0)
(50.6)
(2.0)
(50.1)
(7.0)
(50.3)
(4.0)
(2.0)
(4.1)
(4.1)
(4.5)
(4.6)
Section 9.07
Section 9.09
Section 9.11
Section 9.12
Section 9:13
Section 9:15
Section 9.16
Section 9.17
Article 11
Section 11.01
Section 11.03
Section 11.05
Section 11.06
Section 11.07
Title Page
Emission of Sulfur Oxides 162
Emission of Particulate 166
Matter
Emission of Air Contami- 169
nant or Water Vapor:
Detriment to Person or
Property
Odor and Nuisance Control 169
Measures
Emission of Air Contaminant: 170
Concealment and Masking
Restricted
Preventing Particulate 170
Matter from Becoming
Airborne
Report of Breakdown 170
Emission of Nitrogen Oxides 171
Ambient Air Quality Stand- 171
ards and Control Measures
Required
Air Quality Control
Measures
171
Ambient Air Quality Stand- 172
ards: Suspended Particulate
Air Quality Standards: 172
Particle Fallout
Ambient Air Quality Stand- 173
ards for Carbon Monoxide
Ambient Air Quality Stand- 173
ards: Photochemical
Oxidants
XXIII
-------
Revised Standard Section
Subject Index Number Title Page
(4.3) Section 11.08 Ambient Air Quality Stand- 173
ards: Nitrogen Dioxide
(4.4) Section 11.09 Ambient Air Quality Stand- 173
ards: Hydrocarbons
(10.0)
(13.0)
Article 12
Section 12.01
Standards of Performance
Reporting and Monitoring
Required
174
174
Douglas County Air Pollution Control Commission
(2.0)
(51.13)
(2.0)
(51.13)
(1.0) (2.0)
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
Article V
Section 5.01
Grant County
Article V
Section 5.01
Southwest Air Pol
Regulation I
Article I
Section 1.01
Section 1.02
Section 1.03
Section 1.04
Article II
Emission Standards and
Preventive Measures
Open Fires
Clean Air Authority
Emission Standards and
Preventive Measures
Open Fires
lution Control Authority
Policy, Short Title and
Definitions
Policy
Name of Authority
Short Title
General Definitions
General Provisions
175
175
177
177
180
180
180
180
180
180
183
XXIV
-------
Revised Standard Section
Subject Index
(15.0)
(16.0)
(16.0)
(2.0)
(2.0)
(5.0)
(2.0)
(15.0)
(15.0)'
(2.0)
(2.0)
(3.0)
(2.0)
(2.0) (15.0)
(2.0)
(2.0)
(2.0)
(51.13)
(50.1.2)
Number
Section 2.01
Section 2.02
Section 2.04
Section 2.05
Section 2.06
Section 2.07
Section 2.08
Section 2.09
Section 2.10
Article III
Section 3.01
Section 3.02
Section 3.03
Section 3.04
Section 3.05
Section 3.06
Article IV
Section 4.01
Section 4.02
Title Page
Control Officer - Powers 183
and Duties
Orders and Hearings 184
Status of Orders on Appeals 184
Service of Notice 185
Advisory Council 185
Variances 185
Severability 186
Penalty 186
Civil Penalty 186
Notices of Construction and 188
Orders of Approval
Notice of Construction - 188
When Required
Information Required for 188
Notice of Construction and
Application for Approval
Issuance of Approval or 189
Order
Notice of Completion - 191
Order of Violation
Conditional Approval 191
Waiver of Approval Prior to 191
Construction
Emissions Prohibited 193
Open Fires 193
Visual Emissions 194
XXV
-------
Revised Standard
Section
Subject Index
(51.9)
(51.9)
(50.6)
(50.1)
(7.0)
(2.0)
—
(1.0) (2.0)
(2.0)
(2.0)
(2.0)
(1.0)
(2.0) (15.0)
(2.0)
(2.0)
(15.0)
(15.0)
(14.0)
(2.0)
(3.0)
(3.0)
(3.0)
Number
Section 4.03
Section 4.04
Section 4.05
Section 4.06
Section 4.07
Section 4.08
Regulation 2
Article I
Section 1.01
Section 1.02
Section 1.03
Section 1.04
Article II
Section 2.01
Section 2.02
Section 2.03
Section 2.04
Section 2.05
Section 2.06
Article III
Section 3.01
Section 3.02
Title
Incinerator Burning
Incinerator Hours
Odor Control Measures
Preventing Particulate Mat-
ter from Becoming Airborne
Report of Breakdown
Exceptions
Policy, Short Title and
Definitions
Policy
Name of Authority
Short Title
General Definitions
General Provisions, Sever-
ability and Penalty
General Provisions
Severability
Penalty
Civil Penalty
Confidential Information
Exclusion
Registration
Registration Required
General Requirements for
Registration
Page
195
195
196
196
197
197
198
198
198
198
198
198
201
201
201
201
201
202
202
203
203
203
XXVI
-------
Revised Standard
Section
Subject Index
(2.0)
(4.0)
(2.0)
(4.2)
(4.1)
(50.0)
(50.2)
(50.1)
(50.6)
(50.7)
(2.0)
(6.0)
(7.0)
(2.0)
Number
Section 3.03
Article IV
Section 4.01
Section 4.02
Section 4.03
Article V
Section 5.01
Section 5.02
Section 5.03
Section 5.04
Section 5.05
Section 5.06
Section 5.07
Section 5.08
(2.0)
(1.0) (2.0)
(2.0)
(2.0)
(2.0)
Section 5.09
Title
Air Contaminant Sources
Excluded
Ambient Air Standards
Introduction
Sulfur Dioxide
Particulate Matter
Emission Standards
Emission of Sulfur Dioxide
Emission of Particulate
Matter
Emission of Odorous Gases
Emission of Fluorides
Concealment and Masking of
Air Contaminants
Time for Compliance
Report of Breakdown
Breach of Agreement to
Discontinue Violation
Exception
Olympic Air Pollution Control Authority
Article I
Section 1.01
Section 1.03
Section 1.05
Policy, Short Title, and
Definitions
Policy
Name of Authority
Short Title
Page
203
204
204
204
204
206
206
207
208
209
210
210
211
211
212
213
213
213
213
XXVII
-------
Revised Standard
Section
Subject Index
(1.0)
(2.0)
(2.0)
(14.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(16.0)
(2.0)
(2.0)
(5.0)
(2.0)
(15.0)
(3.0)
(3.0)
(3.0)
Number
Section 1.07
Article 3
Section 3.01
Section 3.03
Section 3.05
Section 3.07
Section 3.09
Section 3.11
Section 3.13
Section 3.15
Section 3.17
Section 3.19
Section 3.21
Section 3.23
Section 3.25
Section 3.27
Article 5
Section 5.01
Section 5.03
Title
Definitions
General Provisions
Control Officer - Powers
and Duties
213
217
217
Confidential Information 218
Interference or Obstruction 218
False or Misleading State- 218
ments
Unlawful Reproduction or
Alteration of Documents
218
Display or Orders, Certifi- 218
cates and Other Notices:
Removal or Mutilation
Prohibited
Orders and Hearings 219
Appointment of Hearing 219
Officer
Appeals from Board Orders 219
Status of Orders on Appeals 219
Service of Notice 220
Variances 220
Severability 221
Penalty 221
Registration 222
Registration Required 222
General Requirements for 222
Registration
XXVIII
-------
Revised Standard
Subject Index
(3.0)
(2.0)
(2.0)
(2.0)
(2.0)
Section
Number
Article 7
Section 7.01
Section 7.03
Section 7.05
Section 7.07
(2.0)
(2.0)
(51.13)
(50.1.2)
(50.1)
(51.9)
(51.9)
(50.6)
(2.0)
(7.0)
(2.0)
(50.6)
(50.7)
Section 7.09
Article 9
Section 9.01
Section 9.03
Section 9.05
Section 9.07
Section 9.09
Section 9.11
Section 9.13
Section 9.15
Section 9.17
Section 9.19
Section 9.21
Title Page
Notice of Construction and 225
Application for Approval
Notice of Construction 225
Additional Information - 225
When Required
Issuance of Approval or 226
Order
Notice of Completion - 227
Order of Violation
Conditional Approval 228
Emission Prohibited 229
Open Fires 229
Visual Emissions 231
Particulate Matter 232
Incineration Operation 233
Incineration Hours 233
Odor Control Measures 234
Emission of Air Contaminant 234
--Concealment and Masking
Report of Breakdown 234
Exceptions 235
Emission of Sulfur Compounds 235
Fluorides 236
XXIX
-------
Revised Standard
Subject Index
(1.0) (2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(2.0)
(2.0)
(2.0)
(14.0)
(2.0)
(15.0) (16.0)
(16.0)
(2.0)
(2.0)
(2.0)
(3.0)
(3.0)
(2.0)
(51.1)
Section
Number
Title
Yakima County Clean Air Authority
Article I
Section 1.01
Section 1.02
Section 1.03
Article II
Section 2.01
Section 2.02
Section 2.03
Section 2.04
Section 2.05
Article III
Section 3.01
Section 3.02
Section 3.03
Section 3.04
Article IV
Section 4.01
Section 4.02
Section 4.03
Policy, Short Title and
Definitions
Policy
Short Title
Definitions
General Provisions
Causing or Permitting Air
Pollution Unlawful -
Exception
Control Officer - Powers
and Duties
Miscellaneous Provisions
Confidentiality of Records
and Information
Advisory Council
Violations - Orders and
Hearings
Notice of Violation - Cor-
rective Action - Hearings
238
233
238
238
241
241
241
242
242
.242
243
243
Finality or Order - Appeal 243
Stay or Order Pending Appeal 243
Voluntary Compliance 243
Registration and Notice of 244
Construction
Registration 244
Notice of Construction 244
Orchard Heaters 246
XXX
-------
Revised Standard
Section
Subject Index
(2.0)
(2.0)
(51.13)
' (50.1.2)
(51.9)
(50.6)
(2.0)
(2.0)
(5.0)
(5.0)
(2.0)
(51.13)
(15.0)
(15.0)
(15.0)
(2.0)
(2.0)
(2.0)
(2.0)
Number
Section 4.04
Article V
Section 5.01
Section 5.02
Section 5.03
Section 5.04
Section 5.05
Section 5.06
Article VI
Section 6.01
Section 6.02
Section 6.03
Article VII
Section 7.01
Section 7.02
Section 7.03
Section 7.04
Section 7.05
Section 7.06
Title
Exceptions to Article IV
Emission Standards and
Preventive Measures
Open Fires
Visible Emission
Incinerator and Refuse
Burning Equipment
Odor Control Measures
Preventive Measures
Exceptions to Article V
Variances and Exemptions
Variances
Exemptions
Additional Restrictions on
Open Burning
Penalty and Severability
Penalty for Violation
Additional or Alternative
Penalties
Assurance of Discontinuance
Restraining Order -
Injunctions
Severability
Effective Date
Page
246
248
248
248
250
250
251
251
253
253
255
257
259
259
259
260
260
260
260
XXXI
-------
Revised Standard
Section
Subject Index
(1.0) (2.0)
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(16.0)
(2.0)
(14.0)
(15.0)
(16.0)
(16.0)
(2.0)
(15.0)
(2.0)
(2.0)
(15.0)
Number
Spokane County Air
Rpaiil uti nn T
r\cy u i u u t \ji I x
Article I
Section 1.01
Section 1.02
Section 1.03
Section 1.04
Article II
Section 2.01
Section 2.02
Section 2.03
Section 2.04
Section 2.05
Section 2.06
Section 2.07
Section 2.08
Section 2.09
Section 2.10
Section 2.11
Title
Pollution Control Authority
Policy, Short Title and
Definitions
Policy
Name of Authority
Short Title
General Definitions
General Provisions
Powers and Duties of the
Board
Control Officer's Duties
and Powers
Confidential Information
Violations
Orders and Hearings
Appeals from Board Orders,
Judicial Review
Status of Orders or Appeal
Falsification of Statement
or Document, Unlawful Alter-
ation of Documents, Display
of Documents and Their
Removal
Service of Notice
Severability
Penalties
Pag(
?fii
£O 1
261
261
261
261
261
264
264
264
265
265
266
266
267
267
267
268
268
XXXII
-------
Revised Standard
Section
Subject Index
(15.0)
(5.0)
(3.0)
(3.0)
(3.0)
(2.0)
(2.0)
(51.13)
(50.1.2)
(51.9)
(50.6)
(50.1)
(50.0)
(2.0)
(7.0)
(2.0)
(1.0) (2.0)
(2.0)
Number
Section 2.12
Article III
Article IV
Section 4.01
Section 4.02
Article V
Article VI
Section 6.01
Section 6.02
Section 6.03
Section 6.04
Section 6.05
Section 6.06
Section 6.07
Section 6.08
Section 6.09
Ponn1ai*Tftn TT
r\c^ u i CL i« i ui i 11
Article I
Section 1.01
Title
Restraining Order - Injunc-
tion - Other Court Order
Variances, When Permitted
Registration
Registration Required
General Requirements for
Registration
Notice of Construction
Emissions Prohibited
Open Fires
Visual Emissions
Incinerator Burning and
Incineration Hours
Odors and Nuisances
Particulate Matter and
Preventing Particulate Mat-
ter from Becoming Airborne
Emission of Air Contaminants
or Water Vapor, Detriment to
Persons or Property
Emission of Air Contaminant
Concealment and Masking
Restricted
Report of Breakdown
Exception to this Article
Policy, Short Title and
Definitions
Policy
Page
269
270
272
272
272
274
275
275
278
278
279
279
280
280
280
281
282
C(J£.
282
282
XXXIII
-------
Revised Standard
Subject Index
(2.0)
(2.0)
(1.0)
. (2.0)
(2.0)
(2.0)
(2.0)
(51.1)
(2.0)
(9.0)
(2.0)
(7.0)
(7.0)
(2.0)
Section
Number
Section 1.02
Section 1.03
Section 1.04
Article II
Section 2.01
Article III
Article IV
Section 4.01
Section 4.02
Section 4.03
Section 4.04
Article V
Section 5.01
Section 5.02
Benton-Frankl in-Wall a Walla
(51.13)
(2.0)
(2.0)
(1.0)
(8.0)
Regulation II,
Part D
Section 12-010
Section 12-020
Section 12-030
Section 12-035
Title
Name of Authority
Short Title
General Definitions
General Provisions, Sever-
ability and Penalty
General Provisions
Variances When Permitted
Emissions Prohibited
Particulate Emissions -
Grain Loading Restrictions
Concealment or Masking
Restrictions
Analysis and Testing
Requirements
Maximum Emission Rate
Breakdowns and Exceptions
Report of Breakdowns
Exception to this Article
Page
282
282
282
285
285
286
288
288
288
288
289
290
290
290
Air Pollution Control Authority
Open Burning
Purpose
Applicability
Definitions
Episodes
291
291
291
291
292
XXXIV
-------
Revised Standard
Subject Index
(51.13)
(2.0)
(51.13)
(51.13)
(51.13)
(8.0)
(8.0)
(15.0)
(2.0)
Subject
Number
Section 12-045
Section 12-055
Section 12-065
Section 12-075
Section 12-085
Section 12-095
Section 12-120
Section 12-130
Section 12-140
Title
Prohibited Materials
Exceptions
Residential Open Burning
Commercial Open Burning
Agricultural Open Burning
Critical Area Designation
Smoke Management Programs
Notice of Violation
Remedies
Page
292
293
293
294
295
297
297
298
298
FEDERALLY PROMULGATED REGULATIONS
(14.0)
(9.0)
(6.0)
(7.0)
(12.0)
(12.0)
(12.0)
(12-0)
(12.0)
(17.0)
52.2474
52.2477
52.2481
52.2485
52.2490
52.2491
52.2492
52.2493
52.2494
52.2497
General Requirements
Source Surveillance
Complaince Schedules
Inspection and Maintenance
Program
Air Bleed to Intake Manifold
Retrofit
Exhaust Gas Recirculation -
Air Bleed
Computer Carpool Matching
System
Transit Improvement Measures
Bike Lanes and Bike Racks
Prevention of Significant
299
299
301
303
307
309
311
312
315
318
Deterioration
XXXV
-------
CHAPTER 18-02 WAC
(13.0) RECORD-KEEPING, REPORTING AND PUBLIC AVAILABILITY
OF EMISSION DATA
(2.0) WAC 18-02-010 PURPOSE
The purpose of this regulation is to:
(1) Require owners or operators of stationary sources of air contami-
nants to maintain records of, and periodically report to the state
information on, the nature and amounts of emissions and other in-
formation as may be necessary to determine whether such sources
are in compliance with applicable emission limitations and other
control measures.
(2) Provide for public availability of emission data reported to the
state by stationary source owners or operators or otherwise ob-
tained by the state, as correlated with applicable emission limi-
tations.
(2.0) WAC 18-02-020 CLASSIFICATION
The director of the department of ecology finds that the types of emis-
sions from sources within the following listed classes may cause or con-
tribute to air pollution, in that such emissions may result in the pre-
sence in the outdoor atmosphere of air contaminants so as to affect ad-
versely human health; other biological values; the enjoyment of life;
and the value, physical conditions and enjoyment of property:
(1) Agricultural drying and dehydrating operations;
(2) Asphalt plants;
(3) Cattle feedlots;
(4) Chemical plants;
(5) Ferrous foundries;
(6) Fertilizer plants;
(7) Grain handling, seed processing, pea and..lentil processing;
(8) Mineralogical processing plants;
(9) Nonferrous foundries;
(10) Oil refineries;
(11) Other metallurgical processing plants;
(12) Power boilers using coal, hog fuel or oil;
(13) Rendering plants;
(14) Scrap metal operations;
(15) Veneer dryers;
(16) Wood waste incinerators including wigwam burners.
The classifications above set forth apply throughout the state and in-
clude all stationary sources within any listed class wherever located
-1-
-------
in the state.
(13.0) WAG 18-02-030 RECORD-KEEPING AND REPORTING
(1) The owner or operator of any stationary source in the state which
is within a classification listed in the preceding section shall,
upon notification by the director of the department of ecology,
maintain records of the nature and amounts of emissions from such
source and/or other information deemed necessary by the director
to determine whether such source is in compliance with applicable
emission limitations and other control measures.
(2) The information recorded pursuant to subsection (1) hereof shall
be reported to the director of the department of ecology on forms
supplied by said department. Such reports shall be filed semi-
annually during January, and July, commencing January, 1973.
(3) Whenever the director of the department of ecology shall determine
that record-keeping and reporting of emission data from any sta-
tionary source or stationary source-type in the state, not listed
in WAC 18-02-020, is needed for the investigation of causes, effects,
prevention, abatement or control of air pollution or otherwise ne-
cessary to effectuate the purposes of chapter 70.94 RCW, said di-
rector shall notify the owner(s) or operator(s) of such source or
sources. Such notification shall constitute an order to maintain
records and submit reports on emissions in the manner set forth
in subsections (1) and (2) of this section.
(14.0) WAC 18-02-040 PUBLIC AVAILABILITY OF EMISSION DATA
Emission data obtained by the department of ecology from owners or opera-
tors of stationary sources pursuant to the preceding section or other-
wise obtained by said department will be correlated with applicable emis-
sion limitations and other control measures. Such emission data so cor-
related will be available to the public during normal business hours at
said department's offices, subject to the provisions of RCW 43.21A.160.
(1.0) WAC 18-02-050 DEFINITIONS
As used in this chapter, the following words and phrases shall have the
following meanings:
(1) "Department" means department of ecology.
(2) "Director" means director of department of ecology.
(3) "Emission" means a release of air contaminants into the ambient
air.
-2-
-------
(4) "Stationary source" means any building, structure, facility or
installation which releases emissions.
CHAPTER 18-04 WAC
(2.0) GENERAL REGULATION FOR AIR POLLUTION SOURCES
(2.0) UAC 18-04-010 PURPOSE
The department of ecology, under the authority vested in it by chapters
43.21A RCW and 70.94 RCW, is charged with responsibilities for the con-
duct of a state-wide program of air pollution prevention and control.
This regulation provides the basic framework for carrying out the state's
responsibilities for such a program through the establishment of stand-
ards for maximum permissible emissions, the implementation of registra-
tion and notice requirements, provision for monitoring and reporting,
and the identification of regulatory actions which may be taken to en-
force standards. This chapter is designed to operate within the sta-
tutory framework for the distribution of responsibilities between state,
regional and local units of government in dealing with problems of air
pollution.
(2.0) WAC 18-04-020 APPLICABILITY
The provisions of this chapter shall apply statewide. Any section here-
of in which applicability is not specified is applicable to all sources
of air contaminants, except
(1) those sources under the control of an activated air pollution
control authority with respect to any standards or require-
ments now or hereafter enacted by such authority which are
equivalent to or more stringent than standards or requirements
on the same subject matter established by this chapter;
(2) those specific source categories over which the state, by
separate regulation, has assumed or hereafter does assume
jurisdiction;
(3) automobiles, trucks, trains, aircraft.
(1.0) WAC 18-04-030 DEFINITIONS
Unless a different meaning is plainly required by context, the following
words and phrases, as hereinafter used in this chapter, shall have the
following meanings:
-3-
-------
(1) "Air contaminant" means dust, fumes, mist, smoke, other particu-
late matter, vapor, gas, odorous substance, or any combination
thereof.
(2) "Air pollution" means the presence in the outdoor atmosphere of
one or more air contaminants in sufficient quantities, and of
such characteristics and duration as is, or is likely to be,
injurious to human health, plant or animal life, or property, or
which unreasonably interfere with enjoyment of life and property.
(3) "Air pollution control authority" means any air pollution control
agency whose jurisdictional boundaries are coextensive with the
boundaries of one or more counties.
(4) "Ambient air" means the surrounding outside air.
(5) "Ambient air quality standard" means an established concentration,
exposure time and frequency of occurrence of a contaminant or mul-
tiple contaminants in the air which shall not be exceeded.
(6) "Combustion and incineration sources" means sources using combus-
tion for waste disposal, steam production, chemical recovery or
other process requirements; but excludes open burning.
(7) "Department" means the department of ecology.
(8) "Director" means the director of the department of ecology or his
duly authorized representative.
(9) "Emission" means a release of contaminants into the ambient air.
(10) "Emission standard" means a limitation on the release of a con-
taminant or multiple contaminants into the ambient air.
(11) "General process sources" means sources using a procedure or a
combination of procedures for the purpose of causing a change in
material by either chemical or physical means excluding combustion,
(12) "Incinerator" means a furnace used for the destruction of waste.
(13) "Materials handling" means the handling, transporting, loading, un-
loading, storage, and transfer of material with no significant al-
teration of .the chemical or physical properties of the material.
(14) "New source" means a source constructed, installed or established
after the effective date of this chapter. Addition to or enlarge-
ment or replacement of a source or any major alteration therein
shall be construed as construction or installation or establish-
ment of a new source.
-4-
-------
(15) "Opacity" means the decree to which an object seen through a plume
is obscured.
(16) "Particulate matter" means small discrete masses of liquid or
solid, exclusive of uncombined water.
(17) "Person" means an individual, firm, public or private corporation,
association, partnership, political subdivision, municipality or
government agency.
(18) "Source" means a process or operation which emits or may emit any
contaminants to the ambient air.
(19) "Source category" means all sources of the same type or classifi-
cation.
(20) "Standard conditions" means a temperature of 60° F and a pressure
of 29.92 inches of mercury.
(50.0) WAC 18-04-040 GENERAL STANDARDS FOR MAXIMUM PERMISSIBLE EMISSIONS
(1) Visible emissions.
(a) No person shall cause or permit the emission for more than
three minutes, in any one hour, of an air contaminant from
any source which at the emission point, or within a reason-
able distance of the emission point, exceeds 40% opacity
except as follows:
When the person responsible for the source can demonstrate
that the emissions in excess of 40% will not exceed 15
minutes in any consecutive 8 hours.
When the owner or operator of a source supplies valid data
to show that the opacity is in excess of 40% as the result
of the presence of condensed water droplets, and that the
concentration of particulate matter, as shown by a source
test approved by the director, is less than two-tenths (0.20)
grains per standard dry cubic foot. For combustion emissions
the exhaust gas volume shall be corrected to 7% oxygen.
(b) For all new sources and, after July 1, 1975 for all sources,
no person shall cause or permit the emission for more than
3 minutes, in any one hour, of an air contaminant from any
source which at the emission point, or within a reasonable
distance of the emission point, exceeds 20% opacity except
as follows:
-5-
-------
When the person responsible for the source can demonstrate that
the emissions in excess of 20% will not exceed 15 minutes in any
consecutive 8 hours.
When the owner or operator of the source supplies valid data to
show that the opacity exceeds 20% as the result of the presence
of condensed water droplets, and that the concentration of parti -
culate matter, as shown by a source test approved by the director,
is less than one-tenth (0.10) grains per standard cubic foot. For
combustion emissions the exhaust gas volume shall be corrected to
7% oxygen.
(2) Preventing particulate matter from becoming deposited. No person
shall cause or permit the emission of particulate matter from any
source which becomes deposited beyond the property under direct
control of the owner or operator of the source in sufficient quan-
tity to interfere unreasonably with the use and enjoyment of the
property upon which the material was deposited.
(3) Materials Handling. No person shall cause or permit materials
handling without taking reasonable precautions to prevent the re-
lease of contaminants to the ambient air. Sources classified as
materials handling are not subject to provisions of section 040,
subsection (1).
(4) Odors. Any person who shall cause or allow the generation of any
odor from any source which may unreasonably interfere with an ad-
joining property owner's use and enjoyment of his property must
use recognized good practice and procedure to reduce these odors
to a reasonable minimum.
(5) Emission of air contaminants or water vapor detrimental to persons
or property. No person shall cause or permit the emission of any
air contaminant or water vapor from any source, including any air
contaminant whose emission is not otherwise prohibited by this reg-
ulation, if the air contaminant or water vapor causes detriment to
the health, safety, or welfare of any person, or causes damage to
property or business.
(6) Sulfur dioxide.
(a) No person shall cause or permit the emission of a gas contain-
ing sulfur dioxide from any source in excess of 2,000 parts
per million (2,000 ppm) except as follows:
When the owner or operator of a source supplies emission data
and can demonstrate to the director that there is no feasible
method of reducing the concentration to less than 2,000 ppm
and that the ambient air quality standard for sulfur dioxide
has not been and will not be exceeded. In such cases, the
director may require the owner or operator to equip, operate,
-6-
-------
and maintain as many as three continuous ambient air moni-
toring stations at locations approved by the director and
using equipment approved by the director. All sampling
results will be made available upon request and a monthly
summary will be submitted to the department.
(b) For all new sources and, after July 1, 1975 for all sources,
no person shall cause or permit the emission of a gas con-
taining sulfur dioxide in excess of 1,000 ppm except as
follows:
When the owner or operator supplies emission data and can
demonstrate to the director that there is no feasible method
of reducing the concentration to less than 1,000 ppm and that
the ambient air quality standard for sulfur dioxide has not
been and will not be exceeded. In such cases, the director
may require the owner or operator to equip, operate, and
maintain as many as three continuous ambient air monitoring
stations at locations approved by the director and using
equipment approved by the director. All sampling results will
be made available upon request and a monthly summary will be
submitted to the department.
(c) All concentrations of sulfur dioxide referred to above are
by volume, dry, and, for tombustion emissions the exhaust
gas volume shall be corrected to 7% of oxygen.
(7) Concealment and masking. No person shall cause or permit the
installation or use of any device, or the use of any means which,
without resulting in a reduction in the total amount of air con-
taminant emitted, conceals an emission of an air contaminant which
would otherwise violate any provisions of this chapter.
(8) Fugitive particulate material. Reasonable precautions shall be
taken to prevent fugitive particulate material from becoming air-
borne:
(a) When handling, transporting, or storing particulate material;
(b) When constructing, altering, repairing, or demolishing a
building, its appurtenances, or a road;
(c) From an untreated open area.
For the purposes of this subsection, fugitive particulate means particu-
late material which is generated incidental to an operation, process, or
procedure and is emitted into the open air from points other than an open-
ing designed for emissions such as a stack or vent.
-7-
-------
(51.9) WAC 18-04-050 MINIMUM EMISSION STANDARDS FOR COMBUSTION AND
INCINERATION SOURCES
Combustion and incineration sources must meet the following limitations
in addition to all requirements of WAC 18-04-040 above:
(1) No person shall cause or permit the emission of contaminants, from
any combustion or incineration operation, in excess of the follow-
ing concentrations:
Particulate matter: 0.20 grains per standard dry
cubic foot
(2) For all new combustion and incineration sources and, after July 1,
1975 for all combustion and incineration sources, no person shall
cause or permit emissions in excess of the following concentrations:
Particulate matter: 0.10 grains per standard dry
cubic foot
(3) For all incinerator sources no person shall cause or permit emis-
sions in excess of 100 ppm of total carbonyls. Incinerators shall
be operated' only during daylight hours unless written permission
to operate at other times is received from the director.
(4) Stated concentrations for combustion and incineration sources will
be determined after the volumes are corrected to 7% oxygen.
(50.1.1) WAC 18-04-060 .MINIMUM EMISSION STANDARDS FOR GENERAL PROCESS SOURCES
General process sources shall be required to meet the following limita-
tions in addition to all applicable provisions of WAC 18-04-040 above:
(1) No person shall cause or permit the emission of particulate
material from any general process operation in excess of
two-tenths (0.20) grains per standard cubic foot of dry
exhaust gas.
(2) For all new general process sources and, after July 1, 1975 for
all general process sources, no person shall cause or permit the
emission of particulate matter in excess of one-tenth (0.10) grains
per standard cubic foot of dry exhaust gas.
(50.0) W\C 18-04-070 MINIMUM STANDARDS FOR CERTAIN SOURCE CATEGORIES
The director finds that the reasonable regulation of sources within cer-
tain categories requires separate standards applicable to such categories,
The standards set forth in this section shall be the minimum standards
for sources within the categories listed. Except as specifically
-8-
-------
provided in this section, such sources shall not be required to meet
the provisions of WAC 18-04-040, WAC 18-04-050 and WAC 18-04-060.
(1) Wigwam burners
(a) All wigwam burners shall meet all provisions of subsections
2, 3, 4, 5, 6, and 7 of WAC 18-04-040.
(b) All wigwam burners shall use best practical technology and
shall be maintained and operated to reduce emissions to the
greatest extent possible. These requirements may include
a controlled tangential vent over-fire air system, an ade-
quate underfire system, elimination of all unnecessary open-
ings, a controlled feed and other modifications determined
necessary by the department.
(c) It shall be unlawful to install or increase the existing
use of any burner that does not meet all requirements for
new sources including those requirements specified in
Sections WAC 18-04-040 and WAC 18-040-050, except operating
hours.
(d) The director may establish additional requirements for wig-
wam burners located in or proposed for location in sensitive
areas. These requirements may include but shall not be
limited to:
(i) A requirement to meet all provisions of WAC 18-04-040
and WAC 18-04-050. Wigwam burners will be considered
to be in compliance with WAC 18-04-040 (1) if they meet
the requirements contained therein except during a
startup period not to exceed 30 minutes in any eight
consecutive hours.
(ii) A requirement to apply best available technology in
order to reduce emissions to the lowest possible level.
(iii) A requirement to reduce or eliminate emissions if the
director establishes that such emissions unreasonably
interfere with the use and enjoyment of the property
of others or are a cause or violation of ambient air
standards.
(2) Asphalt batch plants.
(a) All asphalt batch plants shall meet all provisions of
WAC 18-04-040 and WAC 18-04-060.
(b) All asphalt batch plants shall utilize best practical tech-
nology and shall be maintained and operated to minimize emis-
sions.
-9-
-------
(c) All asphalt batch plants shall meet the provisions of
WAC 18-04-110, "Notice of Construction" prior to operating
at any location at which a plant was not physically located
on the effective date of this regulation.
(d) The director may establish additional requirements for asphalt
plants located in or proposed for location in sensitive areas.
(3) Hog fuel boilers.
(a) Hog fuel boilers shall meet all provisions of WAC 18-04-040
and WAC 18-04-050 (1), except that emissions caused by con-
ditions beyond the control of the owner or operator may ex-
ceed 40% opacity for up to 15 consecutive minutes in any 4
hours provided that the operator shall take immediate action
to correct the condition.
(b) All hog fuel boilers shall utilize best practical technology
and shall be maintained and operated to minimize emissions.
(c) The director may establish additional requirements for hog
fuel boilers located in or proposed for location in sensitive
areas. These additional requirements may include but shall
not be limited to:
(i) A requirement to meet provisions of WAC 18-04-050 (2).
(ii) A requirement to utilize best available technology.
(iii) A requirement to reduce or eliminate emissions if the
director establishes that such emissions unreasonably
interfere with the use or enjoyment of the property of
others or are a cause of violation of ambient air
quality standards.
(4) Orchard heating.
(a) Burning of rubber materials, asphaltic products, crankcase oil
or petroleum wastes, plastic, or garbage is prohibited.
(b) After July 1, 1975, it shall be unlawful to burn any material
or operate any orchard-heating device that causes a visible
emission exceeding 20% opacity, except during the first 30-
minutes after such device or material is ignited.
(5) Grain elevators.
(a) Any grain elevator which is primarily classified as a materials
handling operation shall meet all the provisions of WAC 18-04-
040 (2), (3), (4) and (5).
-10-
-------
(b) The director may establish additional requirements for grain
elevators located, or proposed for location, in sensitive
areas. These requirements may include but shall not be
limited to:
(i) A requirement to meet the provisions of WAC 18-04-040
(1) and WAC 18-04-060.
(6) Catalytic cracking units.
(a) All existing catalytic cracking units shall meet all provisions
of subsections (1) (a), (2), (3), (4), (5), (6) and (7) of
WAC 18-040-040 and WAC 18-04-060 (1).
(b) All new catalytic cracking units shall meet all provisions
of WAC 18-04-040 and WAC 18-04-060.
(c) The director may establish additional requirements for cata-
lytic cracking units located in, or proposed for locations in
sensitive areas.
.(7) Other wood waste burners.
(a) Wood waste burners not specifically provided for in this
section shall meet all provisions of WAC 18-04-040.
(b) Such wood waste burners shall utilize best practical tech-
nology and shall be maintained and operated to minimize emis-
sions.
(c) The director may establish additional requirements for such
wood waste burners located in or proposed for location in
sensitive areas. These requirements may include but shall
not be limited to a requirement to eliminate all visible
emissions.
(6.0) WAC 18-04-080 COMPLIANCE SCHEDULES
(1) All existing sources to which the following subsections apply shall
achieve full compliance with the standards therein specified by
July 2, 1975: WAC 18-04-040 (1) (b), WAC 18-04-040 (6) (b),
WAC 18-04-050 (2), WAC 18-04-060 (2).
(a) Each source to which these subsections apply shall, by
January 1, 1974, submit to the department a statement
advising whether the source at the time of submission is
in compliance with the emission limitations of each of the
subsections. With respect to any such emission limitation
not being met by January 1, 1974, the source shall achieve
compliance in accordance with the following schedule:
-11-
-------
(i) By July 1, 1974, submit to the department a specific
plan of correction or improvement to meet the emission
limitation within one year. Such plans must provide
for complying with (ii) and (iii) below.
(ii) By January 1, 1975, order equipment for control or
modification required to meet the plan of correction
or improvement. A report verifying this action shall
be submitted to the department by January 15, 1975.
(iii) By July 2, 1975, complete installation and/or modifica-
tion specified in the plan of correction or improvement.
(b) Sources in any area in which a local or regional air pollution
control agency is enforcing the standards specified in WAC 18-
04-040 (1) (b), WAC 18-04-040 (6) (b), WAC 18-04-050 (2) and
WAC 18-04-060 (2), shall conform to the provisions of (1) (a)
above except that submissions shall be made to the appropriate
agency rather than the department.
(c) In relation to plans submitted pursuant to (1) (a) (i) above,
the agency receiving same may require additional information
or changes to assure full compliance by July 2, 1975.
(2) All sources governed by any standard set forth in this chapter,
other than those referred to in subsection (1) of this section,
shall, in cases where such standards are not being enforced by a
local or regional air pollution control authority, be operated in
accordance with individual compliance schedules included within
regulatory orders issued by the department.
(a) The department shall develop and distribute forms for the
submission of proposed compliance schedules. Within 60 days
after receipt of such a form, the owner or operator of a
source shall submit a proposed compliance schedule for such
source to the department. After reviewing a proposed com-
pliance schedule and such views thereon as are submitted,
the director or his authorized representative shall issue
a regulatory order establishing a compliance schedule and
progress-reporting requirements for the source. Opportu-
nity for a public hearing on each proposed compliance sched-
ule shall be provided by prominent advertisement of a notice
identifying the proposal and announcing its availability for
public inspection in at least one location in the county in
which the source is located. No public hearing on a proposed
compliance schedule shall be held before 30 days after the
publication of the above notice.
(b) A source shall be considered to be in compliance with this
chapter if all the provisions of its individual compliance
schedule included within a regulatory order issued hereunder
are being met.
-12-
-------
(2.0) WAC 18-04-090 SENSITIVE AREA DESIGNATION
In order to control the emission of air contaminants in a manner which
takes into account the severity of the air pollution problem in the
different areas in which sources are, or may be located, the director,
after public hearing upon due notice to all interested parties, may
designate sensitive areas. Designation of such areas shall be based on
a consideration of present and predicted ambient air quality; population
density and trends; distance of sources from public roads; recreational
areas and areas of human habitation; topographic and meteorological con-
ditions and other pertinent variables. Sources within a designated sen-
sitive area shall be subject to more stringent standards or compliance
schedules than sources located outside such areas. This section applies
only to those geographical areas and source categories under the direct
jurisdiction of the department.
(3.0) WAC 18-04-100 REGISTRATION AND GENERAL REPORTING
The owner or operator of each source within the following source cate-
gories shall register the source unless such registration is required
by an air pollution control authority with jurisdiction over the source:
(1) Agricultural drying and dehydrating operations.
(2) Asphalt plants.
(3) Cattle feedlots.
(4) Chemical plants.
(5) Ferrous foundries.
(6) Fertilizer plants.
(7) Grain handling, seed processing, pea and lentil processing.
(8) Mineralogical processing plants.
(9) Nonferrous foundries.
(10) Oil refineries.
(11) Other metallurgical processing plants.
(12) Power boilers using coal, hog fuel or oil.
(13) Rendering plants.
(14) Scrap metal operations.
(15) Veneer dryers.
(16) Wood waste incinerators including wigwam burners.
Registration shall be on forms to be supplied by the department within
the time specified thereon.
A special report of closure shall be filed with the department whenever
operations producing emissions are permanently ceased at any source within
the above categories.
-13-
-------
(2.0) WAC 18-04-110 NOTICE OF CONSTRUCTION
Whenever the construction, installation, or establishment of a new source
is contemplated, and such source is within a source category listed in
WAC 18-04-100 or is an incinerator designed for a capacity of 100 pounds
per hour or more, the owner or operator thereof shall file a notice of
construction with the department; unless the filing of such a notice is
required by an air pollution control authority with jurisdiction over
the source.
By definition, the addition to or enlargement or replacement of a source,
or any major alteration therein, shall be construed as construction or
installation or establishment of a new source.
Notice of construction shall be filed at least 60 days prior to the pro-
posed start of construction. The director may waive the 60 day notice in
cases of emergencies. Within 30 days of receipt of such notice, the
director may require the submission of planss specifications, and other
information as he deems necessary in order to determine whether the pro-
posed construction, installation, or establishment shall be in accor-
dance with applicable regulations. If, within 30 days of the receipt
of plans, specifications, or other information required pursuant to this
regulation, the director determines that the proposed construction, instal-
lation, or establishment will not be in accordance with applicable regu-
lations, he shall issue an order for the prevention of construction,
installation, or establishment of the source. Failure to issue such an
order within the time prescribed herein shall be deemed a determination
that the construction, installation, or establishment may proceed, pro-
vided that it is in accordance with the plans, specification, and other
information submitted.
(9.0) WAC 18-04-120 MONITORING AND SPECIAL REPORTING
(13.0)
(1) Monitoring.
The department shall conduct a continuous surveillance program to
monitor the quality of the ambient atmosphere as to concentrations
and movements of air contaminants.
As a part of this program, the director or his authorized represen-
tative may require any source under the jurisdiction of the depart-
ment to conduct stack and/or ambient air monitoring, and to report
the results to the department.
(2) Investigation of conditions.
For the purpose of investigating conditions specific to the con-
trol, recovery, or release of air contaminants into the atmosphere
the director, or his authorized representative, shall have the
power to enter at reasonable times upon any private or public
-14-
-------
property, excepting nonmultiple unit private dwellings housing one
or two families. No person shall refuse entry or access to the
director, or his authorized representative, when entry is requested
for the purpose of inspection, and when appropriate credentials are
presented; nor shall any person obstruct, hamper, or interfere with
any such inspection.
(3) Source testing.
In order to demonstrate compliance with this regulation, the direc-
tor, or his authorized representative, may require that a test be
made of the source in a manner approved by the department. The
operator of a source may be required to provide the necessary
platform and sampling ports for the department personnel to per-
form a test of the source. The department shall be allowed to
obtain a sample from any source. The operator of the source shall
be given an opportunity to observe the sampling and to obtain a
sample at the same time.
(4) Report of breakdown or upset condition. If a breakdown of equip-
ment or upset condition occurs resulting in emissions in excess
of applicable limits set by this regulation or resulting in emis-
sions which violate an applicable compliance schedule, the owner
or operator of the affected source shall take immediate corrective
action and shall report such, treakdown to the department by the
next working day after the breakdown occurs.
An initial breakdown or upset condition shall not be subject to
penalties for emissions in excess of the limits set by this chap-
ter, providing the owner or operator complies with the provisions
of this subsection and providing the breakdown or upset was not
the result of gross negligence. If an extended time period is
required to complete the corrective action, the director may re-
quire that the operation be curtailed or shut down. Repeated
breakdowns may be subject to all penalties authorized by law.
The director may issue regulatory orders specifying maintenance
and operating procedures.
(15.0) WAC 18-04-130 REGULATORY ACTIONS
The department may take any of the following regulatory actions to en-
force this chapter:
(1) Notice of violation.
Whenever the department has reason to believe that any provision
of this chapter has been violated, it may cause written notice
to be served on the alleged violator or violators. The notice
shall specify the provision of this chapter alleged to be violated
and the facts alleged to constitute a violation thereof, and may
-15-
-------
include an order that necessary corrective action be taken within
a reasonable time.
(2) Civil penalty.
Whenever any person violates any of the provisions of this chapter,
he shall be subject to a penalty in the form of a fine in an amount
not to exceed $250 per day for each violation. Each such violation
shall be separate and distinct and, in case of a continuing viola-
tion, each day's continuance shall be a separate and distinct
violation. The penalty shall be imposed by a notice in writing from
the director, or his authorized representative, describing the
violation with reasonable particularity.
(3) Assurance of discontinuance.
The director, or his authorized representative, may accept an
assurance of discontinuance of any act or practice deemed in viola-
tion of this chapter. Any such assurance shall specify a time
limit during which discontinuance is to be accomplished. Failure
to perform the terms of any such assurance shall constitute prima
facie proof of a violation of this chapter which make the alleged
act or practice unlawful for the purpose of securing an injunction
or other relief from the superior court.
(4) Restraining orders, injunctions.
Whenever any person has engaged in, or is about to engage in, any
acts or practices which constitute or will constitute a violation
of any provision of this chapter, the director, after notice to
such person and an opportunity to comply, may petition the supe-
rior court of the county wherein the violation is alleged to be
occurring or to have occurred for a restraining order or a tem-
porary or permanent injunction or another appropriate order.
(5) Emergency episodes.
The department may issue such orders as authorized by chapter 194,
Laws of 1971, ex. sess., whenever an air pollution episode is
forecast.
(2.0) WAG 18-04-140 APPEALS
Decisions and orders of the department may be appealed to the pollution
control hearings board pursuant to chapter 43.21B RCW and chapter 371-08
WAC.
-16-
-------
(5.0) WAC 18-04-150 VARIANCE
Any person who owns or is in control of a plant, building, structure,
establishment, process, or equipment may apply to the department for a
variance from provisions of this chapter governing the quality, nature,
duration, or extent of discharges of air contaminants in accordance with
the provisions of RCW 70.94.181.
-17-
-------
CHAPTER 18-06
(2.0) SENSITIVE AREAS
(2.0) WAC 18-06-010 PURPOSE
Pursuant to Chapter 70.94 RCW, the Washington Clean Air Act, and in order
to implement WAC 18-04-090, this regulation is for the purpose of desig-
nating certain geographical areas of the state as sensitive areas in light
of population concentrations, intensity of human activity and recreational
and scenic values; and for the purpose of providing for the imposition of
more stringent standards and compliance requirements for certain station-
ary source categories within such areas than apply to such categories out-
side sensitive areas.
(2.0) WAC 18-06-020 APPLICABILITY
The sensitive areas designated herein are located only in geographical
areas not presently subject to the regulatory control of any activated
air pollution control authority. Should any air pollution control
authority hereafter be activated whose jurisdictional boundaries include
all or any part of a sensitive area designated herein, such area or part
thereof would not thereby be abrogated but such area or part would remain
in effect, although such newly activated authority could adopt more
stringent standards for such areas.
(1.0) WAC 18-06-030 DEFINITIONS
(1) "Department" means department of ecology.
(2) "Director" means director of the department of ecology.
(3) "Sensitive area" means an area in which more stringent standards
and compliance requirements apply to specified stationary source
categories than apply to such source categories outside such area.
(4) "Stationary source" means any building, structure,facility or
installation which emits or may emit any contaminants to the
ambient air.
(2.0) WAC 18-06-040 SENSITIVE AREAS DESIGNATED
Based on a consideration of present and predicted ambient air quality
in light of population density and trends, intensity of highway usage
and scenic and recreational values, the following areas are designated
as sensitive areas:
-18-
-------
(1) All cities within the state with a population of 1,000 or more
which are not presently subject to the regulatory control of any
activated air pollution control authority, together with those
lands extending one mile outward from the present city limits in
all directions as measured on a horizontal plane from such limits.
These cities are presently:
(a) Pullman (n) Ritzville
(b) Wenatchee (o) Pomeroy
(c) Ellensburg (p) Cle Elum
(d) Clarkston (q) White Salmon
(e) Othello (r) Oroville
(f) Omak (s) Newport
(g) Colvilie (t) Coulee Dam
(h) Col fax (u) Davenport
(i) Dayton (v) Chewelah
(j) Goldendale (w) Leavenworth
(k) Chelan (x) Brewster
(1) Okanogan (y) Wilbur
(m) Cashmere (z) Odessa
(2) Those portions of state highways designated on the map which is
hereby incorporated herein as Appendix A, together with a strip
of land bordering each side of such designated portions of high-
ways extending one mile outward from the edge of the right of way
measured on a horizontal plane from each such edge, plus all incor-
porated cities or towns bordering such designated portions of high-
ways.
(3) Any area on either side of Columbia, Snake, or Spokane Rivers in
this state which is within one mile measured on a horizontal plane
from the line of mean high water.
(2.0) WAC 18-06-050 STANDARDS
Stationary sources within sensitive areas must comply with all applicable
emission limitations set forth in Title 18 WAC. In addition, the follow-
ing more restrictive standards shall apply within such areas to stationary
sources within the categories listed.
(1) Wigwam burners.
(a) All wigwam burners shall meet all the provisions of WAC 18-04-
040. Wigwam burners will be considered to be in compliance
with WAC 18-04-040 (1) if they meet the requirements contained
therein except during a startup period not to exceed 30>minutes
in any eight consecutive hours.
(b) All wigwam burners shall apply best practicable technology
in order to reduce emissions to the lowest possible level.
-19-
-------
I
ro
O
i
• •MlNIA | / •
I Vtf . M
I « i i cxl i i » • >;
Lt M '»"ti^ ^
-------
CHAPTER 18-08 WAC
(8.0) EMERGENCY EPISODE PLAN
(2.0) WAC 18-08-010 PURPOSE
The purpose of these rules is to implement Chapter 70.94 RCW, as amended
by Chapter 194, Laws of 1971, extraordinary session.
Air pollution episodes occur under meteorological conditions which reduce
the effective volume of air into which air contaminants are introduced.
When such conditions occur, there is a possible danger that normal opera-
tions at air contaminant sources will be detrimental to public health and
safety. The avoidance of high contaminant concentrations during an epi-
sode requires a plan which will provide for rapid short-term emission
reduction. This chapter shall constitute such an episode avoidance plan.
(1.0) WAC 18-08-020 DEFINITIONS
As used in this chapter, the following terms have the following meanings:
(1) Air Quality Control Region - An area designated as an air quality
control region by the Federal Environmental Protection Agency.
(2) Air Contaminant - Dust, fumes, mist, smoke, other particulate
matter, vapor, gas, odorous substance, or any combinations thereof.
(3) COH - Coefficient of haze and is a measure of suspended particu-
lates.
(4) Department - Department of Ecology.
(5) Director - Director of the Department of Ecology.
(6) Emission - A release into the outdoor atmosphere of air contami-
nants.
(7) Episode Stage - A prescribed level of air contaminants or meteoro-
logical conditions where certain control actions are required to
prevent ambient pollutant concentrations from reaching levels which
could cause significant harm to the health of persons.
(8) Emergency Action Center - The headquarters for all Department
actions during an episode stage.
(9) Hour - A 60-minute period, beginning and ending on a clock hour.
(10) 8 hours - Any consecutive 8 hours, starting at any clock hour.
-21-
-------
(11) Major Source - Any source which is estimated to emit at an annual
rate of 25 tons per year or more of SC>2, parti culates, or carbon
monoxide.
(12) ppm - Parts per million (parts of contaminant per million parts
of gas or air by volume).
(13) Particulates - Small discrete masses of solid or liquid matter, but
not including uncombined water. (For air pollution usage, sizes
generally range from submicron to over 2000 microns).
(14) Source Emission Reduction Plan (SERP) - A plan developed for an
individual air pollution source and approved by the Director, which
sets forth the actions to be taken at that source upon the declara-
tion of various stages of an episode.
(15) 24 Hours - Any consecutive 24 hours, starting at any clock hour.
(8.0) MAC 18-08-030 EPISODE STAGE CRITERIA
The declaration of episode stages shall be in accordance with the fol-
lowing criteria:
(1) Stage: "Forecast" - The Forecast stage indicates the presence of
meteorological conditions conducive to the accumulation of air
contaminants. A Forecast stage will be declared when an Air
Stagnation Advisory is issued by the National Weather Service or
there is equivalent indication of stagnant atmospheric conditions
and conditions are Forecast to persist for 24 hours. Declaration
of this stage will activate increased air quality surveillance.
(2) Stage: "Alert" - The Alert stage is that concentration of pollu-
tants at which first stage control actions are to begin. An Alert
will be declared when any one of the following levels is reached:
(a) S02 - 800 ^g/m3 (0.3 ppm), 24-hour average.
(b) Particulate - 3.0 COHs or 375jjg/m2, 24-hour average.
(c) S02 and particulate combined - product of S02 ppm, 24-hour
average, and COHs equal to 0.2 or product of S02 -jug/m3,
24-hour average, and particulate ;ug/m3, 24-hour average
equal to 65 x 103.
(d) CO - 17 mg/m3 (15 ppm), 8-hour average.
(e) Oxidant (03) - 400 ^g/m3 (0.2 ppm) - 1-hour average.
(f) N02 - 1130/jg/m3 (0.6 ppm) 1-hour average, 282//ug/m3 (0.15
ppm) 24-hour average;
-22-
-------
and meteorological conditions are such that the pollutant concen-
trations can be expected to remain at the above levels for 12 or
more hours or increase unless control actions are taken.
(3) Stage: "Warning" - The Warning stage indicates that air quality
is continuing to degrade and that additional control actions are
necessary. A Warning will be declared when any one of the following
levels is reached:
(a) S02 - 1 .eOO^jug/m3 (0.6 ppm), 24-hour average.
(b) Particulate - 5.0 COHs or 625 ^jg/m3, 24-hour average.
(c) S02 and parti cul ate combined - product of S02 ppm, 24-hour
average and COHs equal to 0.8 or product of S02/jg/m3, 24-hour
average and particulate /jg/m3, 24-hour average equal to
261 x 103.
(d) CO - 34 mg/m3 (30 ppm), 8-hour average.
(e) Oxidant (03) - 800yug/m3 (0.4 ppm), 1-hour average.
(f) N02 - 2,260/ig/m3 (1.2 ppm), 1-hour average; 565/jg/m3
(0.3) ppm), 24-hour average;
and meteorological conditions are such that pollutant concentra-
tions can be expected to remain at the above levels for 12 or more
hours or increase unless control actions are taken.
(4) Stage: "Emergency" - The Emergency stage indicates that air quali-
ty is continuing to degrade toward a level of significant harm to
the health of persons and that the most stringent control actions
are necessary. An Emergency will be declared when any one of the
following levels is reached at any monitoring site:
(a) S02 - 2,100/ug/m3 (0.8 ppm), 24-hour average.
(b) Particulate - 7.0 COHs or 875 g/m3, 24-hour average.
(c) S02 and particulate combined - product of S02 ppm, 24-hour
average and COHs equal to 1.2 or product of S02 >ug/m3, 24-hour
average and particulate /ig/m3, 24-hour average equal to
393 x 103.
(d) CO - 46 mg/m3 (40 ppm), 8-hour average.
(e) Oxidant (03) - l,200yug/m3, (0.6 ppm), 1-hour average.
(f) N02 - 3,000 ug/m3 (1.6 ppm), 1-hour average; 750 jug/m3
(0.4 ppm), 24-hour average;
-23-
-------
and meteorological conditions are such that this condition can be
expected to remain at the above levels for 12 or more hours.
(5) Stage: "Termination" - Once declared, any stage reached by appli-
cation of these criteria will remain in effect until the criteria
for that level are no longer met. At such time, the next lower
stage will be assumed. When conditions improve to where the cri-
teria are no longer met for any episode stage, the episode will be
terminated.
(8.0) WAC 18-08-040 SOURCE EMISSION REDUCTION PLANS
(1) Any person responsible for the operation of a major source, when
requested in writing by the Director or his authorized represen-
tative, shall prepare in consultation with the Department, a Source
Emission Reduction Plan (SERP) consistent with good industrial
practice and safe operating procedures for reducing the emissions
of air contaminants into the outdoor atmosphere during periods of
air pollution Alert, Warning, and Emergency.
(2) SERPs shall be in writing and show the source of air contamination,
describe the manner in which the reduction of air contaminant emis-
sions will be achieved during periods of air pollution Alert, Warn-
ing, and Emergency, and give the amount of reduction for each such
stage.
(3) During periods of air pollution Alert, Warning, or Emergency, SERPs
shall be made available, on the premises of sources required under
this section to have them, to any person authorized to enforce the
provisions of this episode avoidance plan.
(4) SERPs shall be submitted to the Director within 30 days after
receipt of a request thereof.
(5) SERPs shall be subject to review and approval by the Director. If
in the opinion of the Director, any SERP does not, in whole or in
part, provide for satisfactory emission reduction during an episode,
the Director may disapprove such SERP, give the reason for dis-
approval and require the resubmittal of same with a specified time
period.
If within the time period specified, the person responsible fails
to submit a SERP satisfactory to the Director, the Director may
revise the SERP to cause it to meet episode avoidance objectives.
Such revised plan will, thereafter, be the SERP for the source to
which it applies.
(6) SERPs may be amended after submission to the Director of a revised
SERP. Such revised SERP will be processed in the same manner as
the originally submitted SERP.
-24-
-------
(7) An emission reduction plan for the purpose of reducing motor
vehicle emissions during episode stages, will be developed by
the Department.
(8.0) WAC 18-08-050 ACTION PROCEDURES
(1) Whenever applicable criteria are met, the Director, or his duly
authorized representative, may declare and terminate the Forecast,
Alert, and Warning stages of an episode. Such declaration shall
constitute an order for action in accordance with applicable SERPs.
(2) Whenever applicable criteria are met, the Governor may declare
and terminate the Emergency stage of an episode. Such declaration
shall constitute an order for action in accordance with applicable
SERPs.
(3) Adverse air quality need not be region-wide for any episode stage
to be declared and action procedures may be taken for any area
affected or likely to be affected by episode conditions. The
declaration of any episode stage shall specify the area to which
it applies.
(4) The broadest publicity practicable shall be given to the declara-
tion of any episode stage and such declaration shall, as soon as
possible, be directly communicated to all persons responsible
for the carrying out of SERPs within the affected area.
(5) Regardless of whether any episode stages have previously been
declared, whenever the Governor finds that emissions are causing
imminent danger to public health or safety, he may declare an air
pollution emergency and order the persons responsible for the opera-
tion of sources causing the danger, safe operating procedures, and
SERPs, if any.
(6) Whenever an episode stage is declared on the basis of contaminant
levels of carbon monoxide, oxidant, or nitrogen dioxide, the Direc-
tor or his duly authorized representative shall take such action as
may be required to reduce emissions from motor vehicles. These
actions may include, but are not limited to, the rerouting or de-
touring of traffic.
(15.0) WAC 18-08-060 ENFORCEMENT
(1) Whenever any episode stage has been declared, the Department shall
establish an Emergency Action Center, which shall be the head-
quarters for all Department actions during the episode.
(2) The Department shall develop an operations manual, which shall
set forth a plan for the receipt, processing, and dissemination
-25-
-------
of information and data during an episode.
(3) Enforcement with respect to any episode shall be directed from the
Emergency Action Center by the Director and/or his authorized re-
presentatives in consultation with the Governor's office.
(4) Authorized personnel of the Department of Ecology, the Department
of Social and Health Services, and the State Police shall have the
authority to enforce orders of the Director or the Governor, issued
under this chapter, as directed from the Emergency Action Center.
In addition, authorized personnel of any local air pollution control
agency or local police force shall have the authority to enforce
such orders against sources within the area of which such agency or
police force has jurisdiction, as directed from the Emergency
Action Center.
(5) For the purpose of determining compliance with any SERP, those
persons authorized to enforce orders, hereunder, shall have the
authority to enter upon any private or public property, excepting
nonmultiple unit private dwellings, housing two families or less.
No person shall refuse entry or access to enforcement personnel
who request entry and present appropriate credentials.
(6) Whenever it appears that action being taken in compliance with
SERPs will not avert imminent danger to public health and safety,
the Governor may order the following additional measures:
(a) Stopping and prohibiting motor vehicle travel and traffic.
(b) Closing down or restricting the use of any business, commer-
cial, industrial or other establishment or activity which
contributes to the emission of contaminants to the air.
(7) Any declaration or order issued in accordance with WAC 18-08-050
shall be effective immediately and shall not be stayed, pending
completion of review.
(8) Whenever any order has been issued hereunder, the Attorney General,
upon the request of the Governor or the Director, or the authorized
representative of either, shall petition the superior court of the
county in which a source is located for a temporary restraining
order for the immediate reduction or discontinuance of emissions
from such source.
-26-
-------
CHAPTER 18-12 WAC
(51.13) OPEN BURNING
(2.0) WAC 18-12-010 PURPOSE
This chapter, for the control of open burning in the state is adopted
under the provisions of chapter 70.94 RCW, as amended, in order to:
(1) Minimize the impact of emissions from open burning;
(2) Establish rules and procedures by which open burning may be
conducted;
(3) Encourage the development and use of alternate methods of
disposal of combustible waste materials.
(2.0) WAC 18-12-020 APPLICABILITY
The provisions of this chapter shall apply to open burning in all parts
of the state except to:
(1) Burning of field and turf grasses grown for seed (governed by
chapter 18-16 WAC).
(2) Open burning within the boundaries of any activated air pol-
lution control authority where such authority is enforcing its
own requirements for the control of open burning which are no
less stringent than the requirements set forth in this chapter.
(3) Open burning for activities subject to the permit issuing authority
of the department of natural resources, as set forth in RCW
70.94.660.
(1.0) WAC 18-12-030 DEFINITIONS
As used in this chapter:
(1) "Agricultural open burning" means open burning conducted as a part
of any agricultural operation; but not including yard and gardening
activities associated with a residence.
(2) "Commercial open burning" means open burning conducted as a part
of any commercial or business operation, including land clearing
when such land clearing is for the purpose of changing the use of
the cleared land, but not including agricultural open burning.
(3) "Department" means department of ecology.
-27-
-------
(4) "Director" means director of the department of ecology, or his
authorized representative.
(5) "Episode" means a period when a forecast, alert, warning or emer-
gency is declared as set forth in RCW 70.94.415.
(6) "Land clearing" means the removal of structures, trees, shrubbery,
or other natural vegetation from a plot of land.
(7) "No burn area" means an area designated by the department as an
area exceeding or threatening to exceed any state ambient air
quality standard.
(8) "Open burning" means the combustion of material in the open or in
an outdoor container with no provision for the control of such
combustion or the control of the emissions of the combustion pro-
ducts.
(9) "Small fire" means a fire not more than four feet in diameter nor
more than three feet high.
(10) "Silvicultural operation" means the growing of trees for commer-
cial or recreational use, including land preparation, planting,
growing and harvesting of trees.
(8.0) WAG 18-12^035 EPISODES
(1) No open fire shall be ignited during any stage of an episode.
(2) Any person or entity responsible for an open fire already ignited
when any stage of an episode is declared shall immediately pro-
ceed to extinguish such fire as soon as he learns of the existence
of the episode. At the forecast stage, fires must be extinguished
as quickly as possible by whatever means are best suited to this
end.
(51.13) MAC 18-12-045 PROHIBITED MATERIALS
Except as provided in WAC 18-12-055, the following material shall not
be burned in any open fire:
(1) garbage
(2) dead animals
(3) asphaltic products
(4) waste petroleum products
(5) paints
(6) rubber products
(7) plastics
(8) any substance, other than natural vegetation,which nor-
mally emits dense smoke or obnoxious orders.
-28-
-------
(2.0) WAG 18-12-055 EXCEPTIONS
Exceptions to the provisions of this chapter shall be made only as follows:
(1) Upon order of a duly authorized health officer and when authorized
by the department, diseased animals and other infested materials
may be burned as required to prevent spreading of the infestation.
(2) Upon order of a fire protection agency and when authorized by the
department, fires for the disposal of materials presenting a danger
to life, property or public welfare may be burned, provided no
approved practical alternative method of disposal is available.
(3) Upon approval by the department, fires authorized by a fire pro-
tection agency as necessary for training purposes may be burned.
(4) Upon approval of the department, fires set in the course of a
defined research project may be burned.
(5) The following types of fires may be burned, provided that they do
not contain prohibited materials as set forth in WAC 18-12-045:
(a) fires set for recreational, religious ceremony, food pre-
paration or social purposes.
(b) small fires set for hand-warming purposes.
(6) At any solid waste disposal site, compliance with any schedule
established in any comprehensive solid waste management plan
approved by the department shall be deemed to be in compliance
with this chapter. For any solid waste disposal site not subject
to such an approved plan, the department may authorize up to six
months from the effective date hereof for a corrective program.
If further time is needed, and no comprehensive solid waste manage-
ment plan has been adopted covering a solid waste disposal site,
a compliance schedule for meeting the requirements of this chapter
will be adopted by the department for such site.
(51.13) MAC 18-12-065 RESIDENTIAL OPEN BURNING
(1) No open fire shall be conducted on the premises of any residence:
(a) within a no burn area designated pursuant to WAC 18-12-095;
(b) during any stage of an episode (see WAC 18-12-035);
(c) which fire contains prohibited materials, as set forth in
WAC 18-12-045;
(d) which fire contains any material other than wood, paper and
natural vegetation; or
-29-
-------
(e) which fire is. larger than a small fire.
The premises of a residence include the real property immediately
adjacent to the residence which is in the same ownership as the
residence and which is not devoted to agricultural use other than
yard and gardening activities associated with the residence.
(2) Small fires on the premises of a residence may be conducted for
the purpose of disposing of wood, paper and natural vegetation, if
(a) none of the provisions of subsection (1) of this section are
violated;
(b) such fires do not violate any regulations of a local fire
protection agency authorized to issue burning permits in
order to prevent or abate nuisances or any local county
or city ordinance or resolution pertaining to nuisance; and
(c) reasonable precautions are taken to prevent particulate
emissions whenever paper is being burned.
(51.13) WAC 18-12-075 COMMERCIAL OPEN BURNING
(1) No permit shall be issued for commercial open burning and no
commercial open burning shall be conducted:
(a) within a no burn area designated pursuant to WAC 18-12-095;
(b) during any stage of an episode (see WAC 18-12-035);
(c) which burning contains prohibited materials, as set forth
in WAC 18-12-045; or
(d) where an approved practical alternate method of disposal
certified under WAC 18-12-110 is reasonably available.
(2) No commercial open burning shall be conducted without a permit
from the department. Permits shall be issued only if:
(a) none of the provisions of WAC 18-12-075 (1) would be
violated by the burning; and
(b) the applicant demonstrates that no approved practical alter-
nate method of disposal certified under WAC 18-12-110 is
reasonably available, and
(c) the applicant demonstrates that burning as requested is rea-
sonably necessary to successfully carry out the enterprise
the applicant is engaged in; and
-30-
-------
(d) the burning will not violate any regulations of a local fire
protection agency authorized to issue burning permits in order
to prevent or abate nuisances or any local county or city
ordinance or resolution pertaining to nuisance.
(3) Taking into consideration population concentration and local con-
ditions affecting air quality, the department shall condition per-
mits issued hereunder so as to minimize air pollution insofar as
practical, including but not limited to restricting the permissible
hours of burning, restricting the size of fires, imposing require-
ments for good combustion practice, restricting burning to specified
wind conditions.
(51.13) WAC 18-12-085 AGRICULTURAL OPEN BURNING
(1) No permit shall be issued for agricultural open burning and no agri-
cultural open burning shall be conducted:
(a) within a no burn area designated pursuant to WAC 18-12-095;
(b) during any stage of an episode (see WAC 18-12-035);
(c) which burning contains prohibited materials, as set forth
in WAC 18-12-045; or
(d) which burning contains any material other than natural vege-
tation and wood wastes generated on the property which is
the burning site or transported to the burning site by wind
or water.
(2) Except as provided in subsection (3) of this section, no agricul-
tural open burning shall be conducted without a permit from the
department. Permits shall be issued only if:
(a) none of the provisions of WAC 18-12-085 (1) would be violated
by the burning, and
(b) the applicant demonstrates that burning as requested is reason-
ably necessary to successfully carry out the enterprise the
applicant is engaged in; and
(c) the burning will not violate any regulations of a local fire
protection agency authorized to issue burning permits in order
to prevent or abate nuisances or any local county or city or-
dinance or resolution pertaining to nuisance; and
(d) alternatively, either
(i) the burning is necessary to control disease or insect
infestation and other measures to this end are not
available; or
-31-
-------
(ii) the burning is necessary for the development of
physiological conditions conducive to increased crop
yield and other measures to this end are not available;
or
(iii) the applicant demonstrates that no approved practical
alternate method of disposal certified under WAC 18-12-
110 is reasonably available.
In making a determination under (d) (i) or (d) (ii) above, the
department will consult with the county extension agency.
(3) Agricultural open burning may be conducted without a permit if:
(a) none of the provisions of WAC 18-12-035 (1) would be violated
by the burning; and
(b) the burning will not violate any regulations of a local fire
protection agency authorized to issue burning permits in order
to prevent or abate nuisances or any local or city ordinance
or resolution pertaining to nuisance, and
(c) the fire is one acre or less in size and the burning is for
the purpose of destroying obnoxious weeds or crop residue
along fence rows, ditches, or in cultivated fields.
(4) Taking into consideration population concentration and local con-
dition affecting air quality, the department shall condition per-
mits issued hereunder so as to minimize air pollution insofar as
practical, including but not limited to restricting the permissible
hours of burning, restricting the size of fires, imposing require-
ments for good combustion practice, restricting burning to speci-
fied wind conditions.
(51.13) WAC 18-12-095 NO BURN AREA DESIGNATION
(1) The department shall designate as no burn areas those geographical
areas where ambient air quality standards for suspended particu-
lates established by WAC 18-40-030 are being exceeded or threaten
to be exceeded. Such designations shall be based on monitoring
data gathered at primary air mass stations.
(2) The department shall not designate no burn areas within the bound-
aries of any activated air pollution control authority, unless
there is data to support such designation and the authority,
upon notification thereof, refuses to make such designation.
(3) The designation of any area as a no burn area by the department
shall be made by rule-making procedure and only after public
hearing.
-32-
-------
(4) No open burning shall be conducted in any designated no burn area.
(51.13) WAC 18-12-100 DELEGATION OF AGRICULTURAL OPEN BURNING PROGRAM
(1) Whenever the department shall find that any county which is out-
side the jurisdictional boundaries of an activated air pollution
control authority, is capable of administering the permit pro-
gram of WAC 18-12-085 and desirous of doing so, the department
may delegate the administration of such program to the county.
(2) Such delegation may be withdrawn by the department upon a find-
ing that the county is not effectively administering the permit
program. Before any such withdrawal of delegation shall be made,
the department shall provide the county an opportunity to correct
permit program deficiencies.
(51.13) WAC 18-12-110 CERTIFICATION OF ALTERNATIVES TO OPEN BURNING
(1) In order to further the policies of this chapter and policies
expressed in chapter 70.94 RCW, the department will undertake
to certify its approval of alternate methods of disposal of com-
bustible waste materials.
(2) Certification procedures hereunder may be initiated by the depart-
ment or upon the request of any person who makes a proposal for
certification to the department.
(3) Certification of any alternate shall be made only after public
hearing when the department concludes, on the basis of informa-
tion available to it, that use of the alternate would be reason-
ably economical and less harmful to the environment than open
burning in identified circumstances.
(51.13) WAC 18-12-120 DEPARTMENT OF NATURAL RESOURCES—SMOKE MANAGEMENT PLAN
The department of natural resources has the responsibility for issuing
and regulating burning permits for any open fire in areas protected by
the department of natural resources when such fires are for the following
purposes:
(1) Abating a forest fire hazard;
(2) Preventing a fire hazard;
(3) Instruction of public officials in methods of forest fire fighting;
(4) Any silvicultural operation to improve the forest lands of the state.
-33-
-------
Fires set for these purposes must be conducted in accordance with the pro-
visions of the smoke management plan of the department of ecology.
(2.0) WAC 18-12-130 NOTICE OF VIOLATION
The department may issue a notice of violation to the person or entity
responsible for the fire whenever any of the following occur:
(1) Conditions of a permit issued hereunder are violated;
(2) Any open fire is ignited or, if ignited is not extinguished, when
the person or entity responsible for the fire is aware that any
air pollution episode stage has been declared;
(3) An open fire is ignited where, under this chapter, such fires are
prohibited or where a permit is required and no such permit has
been obtained;
(4) Prohibited materials are burned in an open fire.
Procedures with respect to notices of violation shall be in accordance
with RCW 70.94.332.
(2.0) MAC 18-12-140 REMEDIES
Any violation of this chapter may be subject to any penalty or other
remedy provided for in chapter 70.94 RCW.
-34-
-------
CHAPTER 18-16 WAC
(51.13) BURNING OF FIELD AND TURF GRASSES
GROWN FOR SEED
(2.0) WAC 18-16-010 POLICY AND PURPOSE
(1) These rules are enacted under the provisions of the Washington
State Clean Air Act, chapter 70.94 RCW, as amended, to assume
state jurisdiction over and to control emissions from specific
types of agricultural burning.
(2) Authority to enforce all provisions of this regulation, including
the establishment of permit conditions and issuance of permits,
is delegated to and shall be carried out by all activated air pol-
lution control authorities. In those areas not under the juris-
diction of any activated air pollution control authority, the
Department of Ecology shall enforce these regulations, including
the establishment of permit conditions and issuance of permits.
(3) It is the policy of the Department of Ecology in carrying out
its responsibilities under chapter 70.94 RCW to:
(a) Reduce and ultimately eliminate unnecessary agricultural
burning through the earliest possible application of prac-
tical alternate methods.
(b) Encourage and assist grass seed producers and processors to
conduct or participate in a research and technological pro-
gram designed to progressively reduce adverse effects on the
environment through application of best practicable agricul-
tural practices.
(c) Discourage any increase in the number of acres being burned
during the time period alternate methods are being developed
to eliminate agricultural burning by the grass seed industry;
and to seek an equitable and effective method of preventing
an increase in burning.
(1.0) WAC 18-16-020 .DEFINITIONS
As used in this chapter:
(1) "Department" means the Department of Ecology.
(2) "Director" means the director of the Department of Ecology.
-35-
-------
(3) "Emissions" means a release into the outdoor atmosphere of air
contaminants.
(4) "Field grasses" means canarygrass, bromegrass, oatgrass, timothy,
ryegrass, wheatgrass, and orchardgrass planted for seed production.
(5) "Open burning" means the combustion of material in the open or in
a container with no provisions for control of the combustion or
control over the combustion products.
(6) "Particulate" means a small discrete mass of solid or liquid matter,
but not including uncombined water.
(7) "Standard conditions" means 60°F. and 29.92 inches of mercury.
(8) "Straw" means all material, other than seed, removed by swathing,
combining or cutting.
(9) "Turf grasses" means all blue grasses, fescues, and bentgrass
planted to seed production.
(6.0) WAG 18-16-030 COMPLIANCE PROGRAM
(1) No open burning of field grasses or turf grasses shall be under-
taken unless a permit therefor has been obtained from the depart-
ment or from an activated air pollution control authority, as
appropriate. The issuance of permits hereunder shall be governed
by consideration of air quality conditions in the area where pro-
posed burning is to occur, the time of year, the size and duration
of the proposed burning activity, and the applicant's need to carry
out such burning as weighed against the public interest in clean
air. Permits will be conditioned to minimize air pollution inso-
far as practical. The department may limit the number of acres for
which permits to burn will be issued in order to effectively con-
trol emissions from this source and to implement the policy ex-
pressed in WAC 18-16-010 (3) (c).
(2) Straw shall be removed prior to open burning of turf grasses. This
requirement shall be effective immediately following the 1974 har-
vest.
(3) Open burning of field grasses shall be prohibited after the 1973
harvest.
(4) Open burning of all turf grasses scheduled for tear out shall be
prohibited effective in 1975.
(5) A study, approved by the department, shall be conducted, or caused
to be conducted, by the grass seed producers and processors in the
state, to determine alternative production methods and disease
-36-
-------
controls to eliminate burning of turf grasses. The results of this
study shall be given to the department not later than December 1976.
The study shall include data on total environmental effects of
burning and alternate procedures. Open burning of all turf grasses
may be prohibited following an evaluation of this study. Failure
.to conduct the study shall result in a ban on burning of turf grass-
es beginning in 1977.
(6) Practical alternative production methods and disease controls which
would reduce or eliminate open burning shall be utilized as soon as
they become available, regardless of specific provisions of the com-
pliance program included within this section.
(51.13) UAC 18-16-040 MOBILE FIELD BURNERS
Mobile field burners and other methods of incineration, not classified as
open burning, shall not be prohibited by the above restrictions, provid-
ing emissions do not exceed the following standards:
(1) Visible emissions shall not exceed an opacity of 20% for more than
3 minutes in any one hour;
(2) Particulate emissions shall not exceed 0.1 grains per standard
cubic foot of exhaust gas corrected to 7% oxygen at standard
conditions, dry.
(2.0) WAC-18-16-050 OTHER APPROVALS
Nothing herein shall relieve any applicant for a permit hereunder from
obtaining permits, licenses or approvals required by any other laws,
regulations or ordinances.
-37-
-------
CHAPTER 18-20 WAC
(2.0) ESTABLISHING REQUIREMENTS FOR THE RECEIPT OF STATE FINANCIAL AID
(2.0) WAC 18-20-010 STANDARDS OF PURPOSE AND APPLICABILITY
These regulations are enacted under the provisions of the Washington
Clean Air Act (chapter 70.94 RCW) to establish standards of eligibility
for the granting of state financial aid to applicant air pollution con-
trol agencies.
(1.0) WAC 18-20-020 DEFINITIONS
(1) "State board" means the state air pollution control board.
(2) "Air pollution control agency" means any activated air pollution
control authority.
(3) "Applicant" means an air pollution control agency applying for
state financial aid under the provisions of chapter 70.94 RCW.
(4) "Grantee" means an applicant for whom state financial aid has been
approved by the state board.
(5) "Locally funded portion" or "local funds" means the funds provided
to the applicant agency from sources available to it under chapter
70.94 RCW exclusive of state financial aid or federal funds desig-
nated specifically for air pollution.
(6) "Workable program" means a comprehensive statement of objectives
for the prevention and control of air pollution and the existing
and proposed measures to achieve these objectives as described in
WAC 18-20-050.
(7) "Payment ratio" means the ratio of the amount of approved state
financial aid to the local funds provided by the grantee.
(2.0) WAC 18-20-030 LIMITATIONS
State financial aid shall be granted to air pollution control agencies
qualifying under these regulations subject to the following limitations:
(1) State financial aid shall not exceed an amount equal to fifty per-
cent of the locally funded portion of the annual expenditures of
such air pollution control agency in each of the first three years
during which state financial aid is utilized by the agency and
shall not exceed an amount equal to one hundred percent of the
-38-
-------
locally funded portion in each year thereafter.
(2) The state board may limit the amount of financial aid available
to a grantee when it becomes necessary due to the lack of suffi-
cient funds available for distribution to meet the needs of all
qualified grantees throughout the state.
(3) The state board may limit the amount of financial aid to less than
the amount for which the applicant applies when the state board
determines that proposed items of expenditure are not consistent
with air pollution control program needs in the applicant's area
of jurisdiction, or are not in the best interests of a coordinated
statewide air pollution control program, or where such items of
expenditure duplicate the responsibilities and activities of the
state board.
(3.0) WAC 18-20-040 APPLICATIONS
Applications for state financial aid shall be prepared and submitted on
forms specified by the board under the following conditions:
(1) Applications shall be filed with the executive director at least
fourteen days prior to presentation to the board at a regular or
special meeting. The board shall take action as to the disposition
of an application within sixty-five days of its first presentation
to the board. Applications shall be approved, denied, or deferred:
PROVIDED, that where action is deferred the applicant shall be ad-
vised of the reasons for such deferral and action shall be taken
within a reasonable time.
(2) Applications must contain a statement of need for air pollution
prevention and control in the applicant's jurisdiction.
(3) The applicant must describe a workable program and its objectives
together with a description of the existing or proposed organiza-
tion and operational elements through which the program objectives
will be attained, together with a proposed timetable of accomplish-
ment. Program goals and proposed budgets shall be included for at
least two years beyond the proposed grant period.
(4) The application shall contain the budget of the agency showing all
anticipated revenue and sources of revenue, including requested
state financial aid, and shall show proposed expenditures covering
salaries, equipment and accessories, expendable supplies, travel
and such other information as may be deemed necessary by the board.
(5) Any air pollution control activity conducted by the applicant
agency or constituent local governments during the twelve-month
period immediately prior to the proposed grant period shall be
described in the application, including funds budgeted and expended.
-39-
-------
(6) It shall be the policy of the state board in reviewing applica-
tions for state financial aid and in administering such financial
aid to take into consideration the following factors:
(a) The implementation of coordinated statewide air pollution
prevention and control.
(b) The responsibilities of the state board with respect to its
jurisdiction over any areas or type of air contaminant sources
and for monitoring the movement of air contaminants throughout
the state.
(c) The needs and financial capability of the air pollution con-
trol authorities in the various areas of the state and the
relative effectiveness of the authorities.
(d) The capability and reasonable potential of the authorities
to perform.
(7) The state board will, from, time to time, determine or estimate
the amount of state financial aid that will be available and advise
the applicants, or potential applicants, as to the availability of
such aid or supplemental aid.
(2.0) WAC 18-20-050 WORKABLE PROGRAM
The applicant must provide sufficient information to show that its work-
able program is designed to provide for effective prevention and control
of air pollution through an orderly progression of development, establish-
ment, and improvement of air pollution control programs.
(1) The initial activity of an applicant shall be the development of a
plan designed to provide an evaluation of existing and potential
air pollution within the jurisdiction of the applicant, including
a general inventory of the types of air contaminant sources and
their relative contribution to the air pollution problem; to pro-
vide for the development of regulations appropriate to the existing
air contaminant sources or those which may be reasonably anticipated.
(2) The establishment and improvement of air pollution control programs
which constitute the operating control activity of an applicant,
shall be oriented to attaining compliance with requirements and
regulations of the applicant with respect to air contaminant sources
under its jurisdiction.
(3) Sampling and monitoring programs shall be oriented to surveillance
for control purposes with respect to those air contaminant sources
under the applicant's jurisdiction, except as may be requested
-40-
-------
by the state board to supplement the statewide monitoring program.
(4) Budget for personnel, equipment and other operating expenses must
be adequate to carry out the program during the grant period for
which state financial aid is requested. Total funding from all
sources shall provide, as a minimum,for the equivalent of one
full-time person: PROVIDED, that the state board may approve the
sharing of personnel with another agency, the utilization of part-
time staff, or persons under contract when these methods can be
demonstrated as an effective means of carrying out the program
and the purposes of the Washington Clean Air Act.
(5) The locally funded portion-of the annual operating cost, budgeted
and expended in any grant period for which application is made for
state financial aid, shall not be less than the locally funded
annual expenditure for air pollution control during the twelve-
month period immediately preceding the proposed grant period,
unless it can be demonstrated by the applicant that there were
necessary nonrecurring expenditures in the previous period or
that the program objectives and the purposes of the Washington
Clean Air Act can reasonably be met with a reduced expenditure.
(2.0) WAC 18-20-060 GRANT CONDITIONS
(1) No grant of state funds shall be made to any grantee for a period
in excess of twelve months.
(2) Any state financial aid granted shall be used solely for carrying
out the program outlined in the approved application or approved
amendment as provided in section WAC 18-20-040 and -080.
(3) The grantee shall provide for and maintain such accounting, budget-
ary, and other fiscal procedures so as to assure the proper and
efficient administration of funds. The fiscal records shall be
such as to reflect currently the receipt and disposition of all
funds including state financial aid. Such records and documents
pertinent to the receipt and disposition of funds shall be kept
available for review and audit.
(4) The grantee shall submit quarterly financial and progress reports
to the state board.
(2.0) WAC 18-20-070 PAYMENTS
(1) "Payment period" means the period of time for which money for state
financial aid is paid to the grantee upon receipt and approval by
the state department of health of a properly executed voucher.
(2) Grantees shall initiate requests for payment of state financial aid
-41-
-------
for the appropriate payment period utilizing properly executed vou-
chers furnished by the state department of health. The voucher
shall state the requested amount of state financial aid and the ex-
penditure of local funds during the payment period. Local funds
expended for any item may be shown as the appropriate portion of
the total expenditure when the expenditure properly includes the
use of, or anticipates, reimbursement with federal or state grant
funds.
(3) Upon approval of the voucher by the executive director and the
state department of health, payment for the appropriate payment
period shall be authorized.
(4) Payments of state financial aid shall be made by way of reimburse-
ment and shall be in an amount determined by multiplying the payment
ratio by the amount of local funds expended by the grantee during
the payment period. Such payments may be increased or decreased by
the amount that prior payments of state financial aid exceed or are
less than the appropriate state share of the costs as may have been
determined by subsequent review of audit.
(5) Final payment of state financial aid shall be based upon approved
vouchers properly reflecting the payment ratio applied to the
entire grant period.
(6) Vouchers for the final payment period during a grant period ending
in an odd-numbered year must be submitted by the grantee by the
12th day of July of that year.
(7) The executive director may withhold approval of the vouchers sub-
mitted by the grantee if he finds that said grantee has failed to
comply with any of the grant conditions or any other requirement
or condition imposed by these regulations or chapter 70.94 RCW,
for a period not to exceed thirty days. If at the end of such
period the matter has not been resolved and the executive director
has not approved said vouchers, the grantee may request an adminis-
trative hearing before the state board pursuant to the provisions
of chapter 18-08 WAC.
(2.0) WAC 18-20-080 CHANGES, AMENDMENTS AND SUPPLEMENTAL STATE
FINANCIAL AID
(1) Changes in the workable program of a grantee during the grant
period which would not substantially affect the workable program,
nor increase the total cost to the state, and which are for the
purpose of improving the operation and performance of the workable
plan, may be made: PROVIDED, that written approval in advance is
obtained from the executive director of the state board.
-42-
-------
(2) Changes in the workable program of a grantee during the grant
period which would significantly alter the workable program shall
not be made until the grantee has submitted to, and the state
board has approved, an amendment to the original application.
(3) Application for supplemental state financial aid may be made by
the grantee when notice is given by the state board that such
supplemental funds have become available. The application shall
be made as an amendment to the previously approved workable pro-
gram of the grantee and shall include proposed additions in or
improvements to the workable program and proposed changes in the
budget including the additional local funds to be provided. The
state board may approve additional financial aid to the extent
such funds become available having considered the needs of all
grantees throughout the state.
(2.0) WAC 18-20-090 TERMINATION
The state board may terminate state financial aid, in whole or in part,
to any grantee when it finds, after reasonable notice and opportunity
for hearing under the provisions of chapter 18-08 WAC that the grantee
has failed to comply with any of the conditions of the approved appli-
cation or amendments thereto or any of the requirements or conditions
imposed by or pursuant to these regulations or the Washington Clean Air
Act.
Upon the effective date of termination, the grantee shall promptly
render an accounting and final statement as would similarly be required
for request for payment of state financial aid under WAC 18-20-070.
The state board may authorize payment of the state's share of the
amount required to settle at minimum cost any contractual obligations
properly incurred by the grantee prior to the date of termination, if
the state board finds that the grantee acted in good faith in incurring
the obligations.
(2.0) WAC 18-20-100 FEDERAL GRANTS
The standards and requirements of these regulations establishing the
eligibility of air pollution control authorities for state financial aid
shall be equally applicable to the applications of such agencies for
federal grants under the provisions of the 1969 amendments to the Washing-
ton Clean Air Act (chapter 70.94 RCW, chapter 168, section 18, Laws of
1969, 1st Ex. Sess.).
-43-
-------
CHAPTER 18-24
(12.0) STATE JURISDICTION OVER MOTOR VEHICLES
(2.0) WAC 18-24-010 STATEMENT OF PURPOSE AND APPLICABILITY
These regulations are enacted under the provisions of the Washington
Clean Air Act to provide for the assumption of jurisdiction by the
department of ecology over motor vehicles as defined herein, for the
purpose of preventing and controlling air contaminant emissions resulting
from the operation of motor vehicles.
(1.0) WAC 18-24-020 DEFINITIONS AS USED IN THIS CHAPTER
(1) "Commence construction or modification" means to begin a continuous
program to complete construction or modification of a complex
source through initiation of physical changes at the site, includ-
ing site clearing, grading, dredging, or landfill ing. For the
purposes of this definition, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the control of
the owner or operator, shall be disregarded in determining whether
a construction or modification program is continuous.
(2) "Complex source" means any building, structure, facility, or
installation the operation or use of which at the location proposed,
may indirectly result in an increase in the ambient air in the con-
centration of air contaminants emitted by motor vehicles. Such
sources shall-include but not be limited to:
(a) Highways and roads;
(b) Parking lots and garages;
(c) Shopping centers;
(d) Recreational centers and amusement parks;
(e) Sports stadiums;
(f) Airports; and
(g) Commercial or industrial developments.
(3) "Construction" means fabrication,erection, or installation of a
complex source.
(4) "Department" means the department of ecology.
(5) "Director" means the director of the department of ecology or
his authorized delegate.
(6) "Local air pollution control agency" means any activated air pol-
lution control authority established and existing pursuant to the
provisions of the Washington Clean Air Act, Chapter 70.94 RCW.
-44-
-------
(7) "Local government" means any county, city, town or political sub-
division (other than a state or federal agency or a local air pol-
lution control agency).
(8) "Modification" means alteration, expansion, or change of use of a
complex source.
(9) "Motor vehicle" means any operating vehicle or one capable of being
operated which has its own self-contained sources of motive power,
is designed for the transportation of people or property, and is
of the type for which a license is required for operation on a high-
way.
(10) "Owner or operator" means any person who owns, leases, operates,
controls, or supervises a complex source.
(11) "Residential parking facility" means a parking facility, the use of
which is limited exclusively to residents (and guests) of a resi-
dential building or group of buildings, and in which no commercial
parking is permitted.
(12) "Person" means any individual, municipal, public or private cor-
poration, association, partnership, firm, political subdivision,
or agency of state or federal government.
(13) "Stationary source" means any building, structure, facilities, or
installation which emits or may emit an air contaminant.
(14) "Vehicle trip" means a trip by a single vehicle which begins or
ends as a result of the operation or maintenance of a complex
source.
(2.0) WAC 18-24-030 ASSUMPTION OF JURISDICTION
The department, finding that the prevention and control of air pollution
from motor vehicles should be regulated on a state-wide basis, hereby
assumes jurisdiction over motor vehicles for the purpose of controlling
air contaminant emissions from the operation of such motor vehicles.
This assumption of jurisdiction includes the state-wide regulation of the
construction and modification of complex sources in order to control the
concentrations of air contaminant emissions from motor vehicles which may
indirectly result from the operation or use of such complex sources.
(12.0) UAC 18-24-040 STANDARDS OF MOTOR VEHICLES
No person shall remove or render inoperable any devices or components of
any systems on a motor vehicle installed as a requirement of federal law
or regulation for the purpose of controlling air contaminant emissions,
subject to the following conditions:
-45-
-------
(1) The components or parts of emission control systems on motor
vehicles may be disassembled or reassembled for the purpose of
repair and maintenance in proper working order.
(2) Components and parts of emission control systems may be removed
and replaced with like components and parts intended by the manu-
facturer for such replacement.
(3) The provisions of this section (MAC 18-24-040) shall not apply to
salvage operations on wrecked motor vehicles when the engine is
so damaged that it will not be used again for the purpose of power-
ing a motor vehicle on a highway.
(2.0) MAC 18-24-050 EFFECTIVE DATE
WAC 18-24-060 through WAC 18-24-120 shall become effective August 15,
1974.
(2.0) WAC 18-24-060 DELEGATION
When any local air pollution control agency so requests and provides a
description demonstrating the capability to carry out the provisions of
this chapter relating to complex sources, the director may delegate to
such agency the performance and/or enforcement of all or any portions of
such provisions.within the geographic area comprising such agency.
(2.0) MAC 18-24-070 APPLICABILITY OF COMPLEX SOURCE PROVISIONS
(1) This chapter shall not apply to any complex source for which the
necessary authorizations required by any local government to com-
mence construction or modification have been obtained prior to the
effective date hereof and the construction or modification thereof
is commenced before January 1, 1975; nor to any source which must
be approved by the United States Environmental Protection Agency
under an applicable federal regulation for complex sources or for
parking management; nor to any residential parking facility used
for a dwelling, housing not more than four families.
(2) Except as stated in (1) above, this chapter shall apply to all
new or modified complex sources in the state which meet any one of
the following criteria:
(a) Any new or modified complex source which will provide 1,000
or more parking spaces;
(b) New highways which will be designed for a motor vehicle usage
of 20,000 or more vehicles per day;
-46-
-------
(c) Modified highways which will be designed to increase vehicle
usage by 10,000 or more vehicles per day;
(d) New airports which will have 50,000 or more regularly sched-
uled operations per year or use by 1,600,000 passengers per
year, within 10 years after construction; or existing airports
which will be modified to increase regularly scheduled opera-
tions by 50,000 or more per year or increase the number of
passengers by 1,600,000 or more per year;
(e) Any complex source located in King, Pierce, Snohomish, Clark
or Spokane counties which will provide 250 or more parking
spaces;
(f) Any complex source constructed or modified in increments
which individually are not subject hereto, but which in sum
bring the total project within any of the criteria of (a)
through (e) above.
(2.0) MAC 18-24-080 FEE
The department shall require the payment of a fee by owners or operators
in connection with the notice and review procedures of WAC 18-24-090,
such fee to cover the actual expenses of the department in conducting the
review provided for and of administrative costs associated therewith.
The method of determining fees will be set forth in guidelines on file
at the department.
(2.0) WAC 18-24-090 REVIEW OF PROPOSED CONSTRUCTION OR MODIFICATION
(1) No owner or operator shall commence construction or modification
of a complex source subject to this chapter unless the review
procedures of this section have been followed and an order of
approval therefor issued by the department is in effect.
(2) Owners or operators shall submit to the department an application
for review setting forth:
(a) The general nature of the complex source;
(b) The location of the complex source;
(c) The number of parking spaces provided;
(d) An estimate of the maximum number of vehicle trips generated
by the operation of the complex source for any 1-hour and
for any 8-hour period;
(e) A description of the facilities for motor vehicle access,
-47-
-------
including narking, to and from the source when completed, and;
(f) Such other explanatory information as the owner or operator
may choose to include.
(3) At the time of submission of such application to the department,
the owner or operator shall submit copies thereof to all local
governments from which authorizations are required in order to
construct or modify the complex source and to any local air pol-
lution control authority within whose boundaries the complex source
is located. When review functions hereunder have been delegated
to a local air pollution authority, a copy of the application
shall, nonetheless, be submitted to the department.
(4) If, within 15 days of receipt of the notice, the department deter-
mines that further information is needed to evaluate motor vehicle
related air contamination indirectly resulting from the operation
or use of the complex source, the department shall so notify the
owner or operator and such owner or operator shall submit to the
department such additional information as the department may re-
quire. This may include, but shall not be limited to, information
on:
(a) The nature and amounts of motor vehicle emissions anticipated
to be associated with the operation and maintenance of the
complex source;
(b) The design, construction, operation, and maintenance of the
complex source as it relates to associated motor vehicle usage.
(c) Existing air quality in the vicinity of the complex source
and an estimate of the impact of the proposed source on air
quality.
(5) The department shall, according to procedures on file at the
department, review all information, and within thirty days after
all needed information has been submitted, provide an analysis of
the effect of the operation or use of the complex source on ambient
air quality and a description of the department's proposed approval
or disapproval.
(a) The analysis provided for in this subsection and the depart-
ment's proposed action, together with the information sub-
mitted by the owner or operator, shall be made available to
the public in at least one location in each county in which
the complex source is to be located. The availability of
such materials shall be made known by notice published in a
newspaper of general circulation in each county in which the
complex source is to be located. A copy of such notice shall
be sent to the United States Environmental Protection Agency
and appropriate state and local agencies. There shall be a
-48-
-------
thirty-day period after publication for written comment on
the air quality effects of the complex source. Only written
comments will be considered by the department.
(b) After consideration of comments and any additional information
submitted during the comment period, and within forty-five days
after publication, the department shall issue an order of ap-
proval or an order of prevention of the construction or modifi-
cation of the complex source.
(i) An order of approval hereunder shall include such con-
ditions of operation as the department finds reasonably
necessary to attain or maintain any air quality stand-
ard for any motor vehicle related contaminant or to
prevent interference with the achievement of any pro-
vision of the Washington State Implementation Plan for
National Ambient Air Quality Standards, as approved or
promulgated by the United States Environmental Protec-
tion Agency.
(ii) An order of prevention hereunder shall be issued only
upon finding by the department that, taking into con-
sideration all reasonable conditions of operation which
might be imposed, operation, maintenance, or use of the
complex source either will prevent the attainment or
maintenance of an air quality standard for a motor ve-
hicle related air contaminant or will interfere with
the achievement of a provision of the Washington State
Implementation Plan for National Ambient Air Quality
Standards, as approved or promulgated by the United
States Environmental Protection Agency.
(2.0) WAC 18-24-100 DURATION OF APPROVAL ORDERS
Orders of approval issued under WAC 18-24-090 shall be effective for
twenty-four months after the date of their issuance. If more than
twenty-four months have elapsed after an order for approval has been
issued and construction or modification of a complex source, pursuant
to such an order, has not commenced, the owner or operator must submit
sufficient additional information to enable the department to determine
whether the initial approval should be extended. Review of such infor-
mation shall be conducted as set forth in WAC 18-24-090 (5), including
the notice and comment provisions thereof. No extension shall be effec-
tive for more than twenty-four months.
-49-
-------
(2.0) WAC 18-24-110 GENERAL RESPONSIBILITIES
Issuance of an order of approval hereunder shall not affect the respon-
sibility of the owner or operator to comply with all applicable portions
of the Washington Clean Air Act and rules adopted thereunder and with
applicable provision of the Washington State Implementation Plan for
National Ambient Air Quality Standards as approved or promulgated by
the United States Environmental Protection Agency.
(2.0) WAC 18-24-120 INFORMATION IN ENVIRONMENTAL IMPACT STATEMENTS
To avoid duplication of effort, the department in carrying out the review
provided for in WAC 18-24-090, when possible, will utilize as a source of
information, environmental impact statements prepared by other entities.
However, nothing herein shall relieve the owner or operator of a complex
source of the requirement to submit a preliminary notice to the depart-
ment and the department may require the submission of information addi-
tional to that contained in the environmental impact statement.
(2.0) WAC 18-24-130 SANCTIONS
Violations of this chapter shall be subject to the sanctions provided in
chapter 70.94 RCW, Washington Clean Air Act. No other of approval issued
hereunder shall be construed to authorize the violation of any ambient
air quality standard by virtue of the operation or use of any complex
source.
-50-
-------
CHAPTER 18-28 MAC
(51.12) INFORMATION REPORTING BY THERMAL POWER PLANTS,
(51.14) ALUMINUM PLANTS, AND CHEMICAL WOOD PULP MILLS
(51.17)
(2.0) WAC 18-28-010 STATEMENT OF PURPOSE AND APPLICABILITY
These rules are enacted under the provisions of the "Washington Clean Air
Act" to provide a basis for the obtaining and compiling of necessary in-
formation to enable the state air pollution control board to establish
standards for certain types or classes of air contaminant sources for the
purpose of preventing and controlling air pollution and prescribing
interim procedures with respect to new construction or major alteration
of certain types or classes of air contaminant sources.
(1.0) WAC 18-28-020 DEFINITIONS
(1) "State board" means the state air pollution control board.
(2) "Thermal power reduction" means the production of electrical energy
through the use of any fuel, including nuclear materials, for dis-
tribution through private and public power agencies for public use.
(3) "Chemical wood pulping" means the production of pulp by digestion
of wood with solutions of various chemicals to obtain separation
of lignin from cellulose wood fibers.
(4) "Primary aluminum reduction" means the production of aluminum from
alumina in electrolytic cells.
(2.0) WAC 18-28-030 SUBMISSION OF INFORMATION
The owner, manager, or other person operating or responsible for operat-
ing chemical wood pulping mills and primary aluminum reduction plants,
shall submit information to the state board under the following condi-
tions:
(1) Information shall be on forms provided by, or in a manner accept-
able to, the executive director of the state board.
(2) Information shall be submitted within ninety days after the effect-
ive date of this regulation for existing installations.
(3) The information shall include:
(a) Ownership, address, location, and name of manager of the plant.
-51-
-------
(b) A description of the primary process and ancillary or
complementary processes at the same location together
with a description of air contaminant sources.
(c) Description and quantities of raw materials used and
products produced.
(d) A description of available data on the emission of air
contaminants as to kind and quantity from each source,
size and height of emission points, the concentration
of air contaminants in the carrying gas stream, and a
description of the method of measurement or estimation
used in developing the data.
(e) A description of available data obtained through
measurements of air contaminants in the ambient air,
vegetation or other environmental media, as they re-
late to the operation of the air contaminant source(s),
and a description of the measurement methods used or
proposed.
(f) A description of the system, methods, and equipment
used for controlling or preventing the release of air
contaminants and available data on efficiency of air
contaminant removal.
(4) The available data as described under subsection (3) (d), (e),
and (f) above shall be furnished to the executive director of the
state board when such data is requested by.him.
(2.0) HAC 18-28-040 INTERIM PROCEDURE
(1) Until such time as the state board adopts regulations setting forth
standards and requiring the submission of plans, specifications and
other pertinent information as a condition precedent to the con-
struction, installation, establishment, or major alteration of air
contaminant sources, the person operating or responsible for the
operation of chemical wood pulping mills, primary aluminum reduc-
tion plants, and thermal power plants shall submit to the state
board information equivalent to that required under WAC 18-28-030
for the purpose of review and consultation as to the adequacy of
the proposed control measures and conformance with good industrial
practice.
(2) The required information shall be submitted not later than, sixty
days prior to start of construction.
-52-
-------
(14.0) UAC 18-28-050 CONFIDENTIAL INFORMATION
Information submitted to the state board in accordance with this regula-
tion shall be handled as provided in the Washington Clean Air Act, where
applicable, with respect to confidential information.
-53-
-------
CHAPTER 18-32 WAC
(50.5) CARBON MONOXIDE REGULATION
AMENDMENTS
(2.0) WAC 18-32-010 PREAMBLE
In the interest of the people of the State of Washington, it is the objec-
tive of the Department of Ecology to obtain and maintain the cleanest air
possible, consistent with the highest and best practicable control tech-
nology.
In areas where existing concentrations are lower than concentrations
allowed by the standards enumerated below, degradation of the atmos-
phere should be minimized. The highest and best practicable control
technology should be applied to all sources unless it is determined by
the responsible air pollution control agency that application of lesser
technology is justified. Air quality standards should not be construed
to encourage degradation of existing air quality.
(1.0) MAC 18-32-020 DEFINITIONS
(1) Ambient Air - The surrounding outside air.
(2) Air Quality Standard - An established concentration, exposure time,
and frequency of occurrence of a contaminant or multiple contami-
nants in the ambient air which shall not be exceeded.
(3) Air Quality Objective - The concentration and exposure time of a
contaminant or multiple contaminants in the ambient air below
which, according to present knowledge, undesirable effects will
not occur.
(4) Primary Air Mass Station (PAMS) - A station designed to measure
contamination in an air mass and representing a relatively broad
area. The sampling site shall be representative of the general
area concerned. The probe inlet shall be a minimum of fifteen feet
and a maximum of one hundred and fifty feet above ground level.
Actual elevation should vary to prevent adverse exposure conditions
caused by surrounding buildings and terrain. The probe inlet shall
be placed ten to twenty feet above a supporting rooftop and
meteorological measurements, if taken, shall be made at approxi-
mately the same level as the probe inlet.
-54-
-------
(5) Primary Ground Level Monitoring Station (PGLMS) - A station design-
ed to provide information on contaminant concentrations near the
ground and provide data valid for the immediate area only. The
probe inlet shall be six to fifteen feet above ground level, with
an optimum height of ten feet. The probe inlet shall not be less
than two feet from any building or wall. The sampling site shall
be representative of the immediate area.
(4.5) WAC 18-32-030 AIR QUALITY STANDARD
Carbon monoxide in the ambient air measured at either a primary air mass
or a primary ground level monitoring station shall not exceed the follow-
ing values:
(a) 10 milligrams per cubic meter (9 ppm) - 8-hour average concen-
tration not to be exceeded more than once per year at any
location where people would be exposed to such concentrations
for 8 hours or more.
(b) 40 milligrams per cubic meter (35 ppm) - 1-hour average con-
centration not to be exceeded more than once per year.
(2.0) MAC 18-32-040 AIR QUALITY OBJECTIVE
In recognition of the need for continuing improvement of the quality of
the air resource, it is the intent of the Department of Ecology to work
toward the achievement of the following objective for carbon monoxide:
(1) Average concentrations that shall not exceed five parts per mil-
lion by volume for any consecutive twenty-four hours.
(2.0) WAC 18-32-050
Local and regional air pollution control agencies monitoring carbon mon-
oxide shall notify the Department of Ecology of all violations of this
regulation. The notification shall be submitted in writing on a quart-
erly basis and shall provide the following information:
(1) Location of sampler.
(2) Dates and inclusive times of each violation.
(3) Concentrations recorded for each violation.
(4) Type of sampler used.
(5) Other relevant information as requested by the Department
of Ecology.
-55-
-------
(9.0) MAC 18-32-060 METHOD OF DETERMINATION AND REPORTING FOR CONTINUOUS
(13.0) INFRARED ANALYSIS
The following infrared method shall be used for the measurement of carbon
monoxide. However, other continuous and manual methods of measurement
may be used as an alternate, after they are accepted and approved by the
State Department of Ecology, and can be shown to be comparable to the
infrared technique in reproducibility, selectivity, sensitivity and
accuracy.
(1) To monitor atmospheric carbon monoxide with an automatic analyzer,
the following equipment and materials are recommended:
(a) One Luft infrared analyzer, complete with pump, control de-
vices, and readout unit (i.e. strip chart recorded).
(b) One or two silica gel drying tubes. Recommended drier con-
struction being tubing three inches in diameter and twelve
inches long of plastic or heavy walled glass. This drying
unit to be mounted in line between the sample, zero, and span
gas switching manifold and the instrument input port. The
second drying tube kept sealed and in reserve until required.
The recommended unit has a life of two or three days under the most
saturated atmospheric conditions. Replace drying tubes when one
inch of blue color remains visible. The second drying tube is used
as an exchange at this time.
Regeneration of the silica gel is done by drying in an open vessel
at 105°C. until complete dark blue color has returned to the 6 to
16 mesh crystals. The time requirement for drying will vary with
volume, but the silica gel should not be dried at high temperatures
to shorten this period.
(c) Glass wool - used as particulate matter filters in each end of
the inline drying tube.
(d) Tubing - sufficient one-fourth inch "Tygon" or equivalent to
allow flexible connection between the gas manifold, the drier,
and the instrument input port.
(e) One cylinder of zero gas of reconstituted air (twenty-one per-
cent oxygen, seventy-nine percent nitrogen) known to be free
of carbon monoxide. Carbon monoxide free gas may be certified
as such by letter from the vendor, but it is preferred that
each tank is checked against a .known standard.
(f) One cylinder of span gas made of carbon monoxide and either
reconstituted air or nitrogen. The carbon monoxide concen-
tration to be in the range of twenty five to thirty five parts
-56-
-------
per million. On a zero to one hundred parts per million
range, the analyzer will be checked semi-annually for linear-
ity; a nominal concentration of twenty, forty, sixty, and
eighty parts per million.
(g) Two two-stage pressure regulators with attendant valves and
restraints for installation of gas cylinders.
(h) Sufficient copper tubing, one-quarter inch inside diameter,
refrigeration grade, to plumb the cylinders of zero, and span
gas to the control panel.
(2) In the operation and calibration of the instrument, the instrument
must be allowed to reach operating temperature before data is re-
corded. Allow at least two hours for the instrument to reach
temperature equilibrium. It should then be balanced, zeroed, and
spanned. Zeroing and spanning shall be repeated at least once each
week. The zero and span gases and the sample air shall be passed
through a drier or other Department approved humidity control de-
vices, to maintain a constant moisture content.
The instrument shall be balanced whenever there is inadequate zero
and span adjustment available on the control panel and whenever
maintenance is performed on the instrument's electrical or optical
systems.
(3) Carbon dioxide (CO?) response should be less than one part per
million indicated CO for one thousand parts per million C02- As
atmospheric concentrations are in the order of three hundred parts
per million C02, the interference from C02 should always be less
than 0.5 part per million CO.
Water vapor concentration varies very widely in the atmosphere,
and a rejection ratio of 2500:1 (two thousand five hundred parts
per million H20 may cause a response of not more than one part per
million CO) is acceptable. " To correct for conditions where wide
variations in atmospheric moisture content occur, proper humidity
controls must be applied to assure that sample, zero, and span
gases all have the same relative humidity when passed into the
analyzer. Insertion of a drier in the sampling line of the instru-
ment to assure a saturated gas stream at all times is one way of
correcting for water vapor interference.
Other contaminants in concentrations commonly found in the atmos-
phere, do not interfere with the infrared carbon monoxide analysis.
(4) Data shall be recorded on strip chart recorders, tape units or
other devices compatible with the analyzer and data processing
system in use. Results shall be reported in parts per million and
data for each day shall include:
-57-
-------
(a) All hourly averages (a minimum of six instantaneous or inte-
grated readings at approximately equal intervals are needed
each hour to calculate the average).
(b) Maximum hourly average and time of occurrence.
(c) Twenty-four hour average.
(d) Number hours•> nine parts per million.
(e) Maximum eight-hour average and time of occurrence.
(f) All eight-hour averages/ nine parts per million and times of
occurrences.
-58-
-------
CHAPTER 18-36
(51.14) KRAFT PULPING MILLS
(2.0) MAC 18-36-010 STATEMENT OF POLICY AND PURPOSE
(1) These rules are enacted under the provisions of the 1969 amendments
to the "Washington Clean Air Act" (Chapter 70.94 RCW, Chapter 168,
Section 39, Laws of 1969, 1st Ex. Sess.) to assume state jurisdic-
tion over emissions from kraft pulping mills in order to provide
for the systematic reduction and control of air pollution in the
kraft pulping industry.
(2) Recent technological developments have enhanced the degree of mal-
odorous emission control possible for the kraft pulping process.
It is hereby declared to be the policy of the state board to:
(a) Require, in accordance with a specific program and timetable
for each operating mill, the highest and best practicable
treatment and control of emissions from kraft mills through
the utilization of technically feasible equipment, devices and
procedures.
(b) Require effective monitoring and reporting of emissions and
reporting of other data pertinent to air quality or emissions.
The state board will use these data in conjunction with ambient
air data and observation of.conditions in the surrounding area
to develop and revise emission standards and air quality
standards, and to determine compliance therewith.
(c) Encourage and assist the kraft pulping industry to conduct a
research and technological development program designed to
• progressively reduce kraft mill emissions, in accordance with a
definite program, including specified objectives and time
schedules.
(d) Establish standards deemed to be technically feasible and
reasonably attainable, with the intent of revising the stan-
dards as new information and better technology are developed.
(1.0) WAC 18-36-020 DEFINITIONS
(1) "Air quality standard" means an established concentration, exposure
time and frequency of occurrence of a contaminant or multiple con-
taminants in the ambient air which shall not be exceeded.
-59-
-------
(2) "Continual monitoring" means sampling and analysis, in a continuous
or timed sequence, using techniques which will adequately reflect
actual emission levels or concentrations on a continuous basis.
(3) "Emission" means a release into the outdoor atmosphere of air con-
taminants.
(4) "Emission standard" means a limitation on the release of a contam-
inant or multiple contaminants to the ambient air.
(5) "Equivalent air-dried kraft pulp" means pulp production which pro-
duces a loading of black liquor solids to the recovery furnace
equivalent to that loading produced with kraft pulp.
(6) "Kraft mill" or "mill" means any pulping process which uses, for a
cooking liquor, an alkaline sulfide solution containing sodium
hydroxide and sodium sulfide.
(7) "Non-condensibles" means gases and vapors from the digestion and
evaporation processes of a mill that .are not condensed with the
equipment used in those processes.
(8) "Other sources" means sources of odorous sulfur emissions including,
but not limited to, vents from lime kilns, knotters, brown stock
pulp washers, multiple-effect evaporators, digesters, blow tanks,
smelt tanks, blow heat accumulators, black liquor storage tanks,
black liquor oxidation systems, tall oil recovery operations, and
any operation connected with the handling of condensate liquids
within the mill or any vent which may be a significant contributor
of odorous gases.
(9) "Particulate matter" means a small, discrete mass of solid or
liquid matter but not including uncombined water.
(10) "p.p.m. (parts per million)" means parts of a contaminant per mil-
lion parts of gas by volume.
(11) "Recovery furnace stack" means the stack from which the products
of combustion from the recovery furnace are emitted to the ambient
air.
(12) "State Board" means Washington State Air Pollution Control Board.
(13) "Total reduced sulfur, (TRS)" means hydrogen sulfide, mercaptans,
dimethyl sulfide, dimethyl disulfide, and any other organic sul-
fides present.
-60-
-------
(2.0) WAC 18-36-030 EMISSION STANDARDS
(1) All emission standards in this section are based on average daily
emissions. These limitations do not preclude a requirement to in-
stall the highest and best practicable treatment and control avail-
able.
(2) The emission of TRS from all recovery furnace stacks shall not
exceed two pounds of sulfur per ton of equivalent air-dried kraft
pulp or, from each recovery furnace stack, seventy p.p.m. expressed
as hydrogen sulfide on a dry basis, whichever is the more restrict-
ive.
(3) The emission of TRS from all recovery furnace stacks shall be
further reduced so as not to exceed one-half pound of sulfur per
equivalent ton of air-dried kraft pulp, or from each recovery
furnace stack seventeen and one-half p.p.m., expressed as hydrogen
sulfide on a dry gas basis, whichever is the more restrictive, or
such other limit of TRS that proves to be reasonably attainable
utilizing the latest in design of recovery furnace equipment, con-
trols, and procedures. All kraft mills shall be in compliance
with this requirement by not later than July, 1975.
(4) Non-condensibles from digesters and multiple-effect evaporators
shall be treated to reduce the emission of TRS equal to the re-
duction achieved by thermal oxidation in a lime kiln. All kraft
mills shall be in compliance with this requirement by not later
than July, 1972
(5) The emission of particulate matter from all recovery furnace stacks
shall not exceed four pounds per ton of equivalent air-dried kraft
pulp. Where necessary, particulate emission limitations may be set
lower by the state board. All kraft mills shall be in compliance
with this requirement by not later than July, 1975.
(6) The emission of particulate matter from all lime kilns shall not
exceed one pound per ton of equivalent air-dried kraft pulp. All
kraft mills shall be in compliance with this requirement by not
later than July, 1975.
(7) The emission of particulate material from all smelt tanks shall not
exceed one-half pound per ton of equivalent air-dried kraft pulp.
All kraft mills shall be in compliance with this requirement by not
later than July, 1972.
(8) Kraft mills producing less than two-hundred air-dried tons of pulp
per day shall be deemed to be in compliance if the emissions are
not greater than the emissions allowed for a two hundred air-dried
tons of pulp per day plant.
-61-
-------
(6.0) WAC 18-36-040 COMPLIANCE
Compliance shall be in accordance with the procedures set forth in
chapter 18-60 WAC, but in no case shall full compliance be later than the
time limitations established in WAC 18-36-030.
MAC 18-36-045 Repealed
(16.0) MAC 18-36-050 PUBLIC HEARING
A public hearing shall be held by the state board not later than July,
1973, to review current technology and adequacy of the above standards
and to make revisions as necessary.
(51.14) WAC 18-36-060 MORE RESTRICTIVE EMISSION STANDARDS
The state board may establish more restrictive emission standards for new
mills or for mills expanding existing facilities. Data documenting pro-
jected emissions and changes in, or affects upon air quality, that would
result from the construction or expansion, must be submitted to the state
board together with plans and specifications in accordance with the pro-
visions of WAC 18-36-080.
(9.0) WAC 18-36-070 MONITORING AND REPORTING
(13.0)
(1) Every kraft mill in the state shall install equipment for the con-
tinual monitoring of TRS.
(a) The monitoring equipment shall be capable of determining com-
pliance with these standards and shall be capable of continual
sampling and recording of the concentrations of TRS contaminants
during a time interval not greater than thirty minutes.
(b) The sources monitored shall include, but are not limited to,
the recovery furnace stacks and the lime kiln stacks.
(2) Each mill shall sample the recovery furnace, lime kiln, and smelt
tank for particulate emissions on a regularly scheduled basis in
accordance with its approved sampling program.
(3) Each mill shall submit within sixty days after effective date of
this regulation a detailed monitoring program and time schedule for
approval by the state board. The equipment shall be ordered within
thirty days after the monitoring program has been approved in writ-
ing by the state board. The equipment shall be placed in effective
-62-
-------
operation in accordance with the approved program within ninety
days after delivery.
(4) Unless otherwise authorized by the state board, data shall be re-
ported by each mill at the end of each calendar month, as follows:
(a) Daily average emission of TRS gases expressed in parts per
million on a dry gas basis for each source included in the
approved monitoring program.
(b) The number of hours each day that the emission of TRS gases
from each recovery furnace stack exceeds seventy p.p.m. dry
and the maximum concentration of TRS measured each day.
(c) Emission of TRS gases in pounds of sulfur per equivalent air-
dried ton of pulp processed in the kraft cycle on a monthly
basis for each source included in the approved monitoring
program.
(d) Emission of particulates in pounds per equivalent air-dried
ton of pulp produced in the kraft cycle based upon sampling
conducted in accordance with the approved monitoring program.
(e) Average daily equivalent kraft pulp production in air-dried
tons.
(f) Other emission data as specified in the approved monitoring
program.
(5) Each kraft mill shall furnish, upon request of the state board,
such other pertinent data as the board may require to evaluate
the mill's emission control program. Each mill shall immediately
report abnormal mill operations which result in increased emis-
sions of air contaminants, following procedures set forth in the
approved monitoring program.
(2.0) MAC 18-36-080 NOTICE OF CONSTRUCTION AND SUBMISSION OF PLANS AND
SPECIFICATIONS
(1) Prior to the construction, installation, or establishment of a
kraft mill, a notice of construction shall be submitted to the
state board. Within thirty days of its receipt of such notice,
the state board may require the submission of plans, specifications,
and other information as it deems necessary, in order to determine
whether the proposed construction, installation or establishment
will be in accordance with applicable regulations. If, within
thirty days of the receipt of plans, specifications, or other in-
formation required pursuant to this regulation, the state board
determines that the proposed construction, installation, or
-63-
-------
establishment will not be in accord with applicable regulations, it
shall issue an order for the prevention of construction, installa-
tion, or establishment of the kraft mill. Failure to issue such
an order within the time prescribed herein shall be deemed a de-
termination that the construction, installation, or establishment
may proceed, provided that it is in accordance with the plans,
. specifications and other information required to be submitted.
(2) Addition to, or enlargement or replacement of a kraft mill or any
major alteration therein shall be construed as construction, in-
stallation, or establishment.
(2.0) MAC 18-36-090 SPECIAL STUDIES
(1) Special studies, having prior approval of the state board, shall
be conducted at each mill, and the results thereof submitted to
the state board by July, 1971. The studies shall cover the fol-
lowing areas:
(a) Evaluation of the emissions of TRS from all other sources
within the mill.
(b) Evaluation of the emissions of sulfur dioxide from all sources
within the mill, including but not necessarily limited to, the
recovery furnace, lime kiln, and power boilers.
(c) Evaluation of water vapor emissions from all sources within
the mi 11.
(2) The state board may require such additional special studies rele-
vant to air pollution and establish completion dates as it deter-
mines necessary.
(2.0) MAC 18-36-100 EXEMPTION
These regulations do not apply to open burning and power boiler opera-
tions conducted at the site of and ancillary to the kraft pulp mill op-
eration.
-64-
-------
CHAPTER 18-38 WAC
(51.14) SULFITE PULPING MILLS
(2.0) WAC 18-38-010 STATEMENT OF POLICY AND PURPOSE
(1) These rules are enacted under the provisions of the "Washington
State Clean Air Act" (Chapter 70.94 RCW, Chapter 168, Section 39,
Laws of 1969, 1st. Ex. Sess.) to assume state jurisdiction over
emissions from sulfite pulping mills in order to provide for the
systematic reduction and control of air pollution in the sulfite
pulping industry.
(2) It is the policy of the Department of Ecology:
(a) To require, in accordance with a specific program and time-
table for each operating mill, the highest and best practicable
treatment and control of emissions from sulfite mills through
the utilization of technically feasible equipment, devices,
and procedures.
(b) To require the evaluation of improved and effective measuring
techniques for sulfur oxides, total reduced sulfur, particu-
lates, and other emissions from sulfite pulping mills.
(c) To require effective measuring and reporting of emissions and
reporting of other data pertinent to emissions. The Depart-
ment will use these data in conjunction with ambient air data
and observation of conditions in the surrounding area to de-
velop and revise emission standards and air quality standards,
and to determine compliance therewith.
(d) To encourage and assist the sulfite pulping industry to con-
duct a research and technological development program de-
signed to progressively reduce sulfite mill emissions, in accord-
ance with a definite program with specific objectives.
(e) To establish standards deemed to be technically feasible,
reasonably attainable, and necessary for the attaining of
satisfactory air quality with the intent of revising the
standards as new information and better technology are devel-
oped.
-65-
-------
(1.0) WAC 18-38-020 DEFINITIONS
(1) Acid Plant - The facility in which the cooking liquor is either
manufactured or fortified when not associated with a recovery sys-
tem.
(2) Air Quality Standard - An established concentration, exposure time,
and frequency of occurrence of a contaminant or multiple contam-
inants in the ambient air which shall not be exceeded.
(3) Air Contaminant - Dust, fumes, mist, smoke, other particulate
matter, vapor, gas, odorous substance, or any combination thereof.
(4) Ambient Air - The surrounding outside air.
(5) Average Daily Emission - Total weight of an air contaminant emit-
ted in each month, divided by the number of days of production
that month.
(6) Average Daily Production - Air dried tons of unbleached pulp pro-
duced in a month, divided by the number of days of production in
that month.
(7) Blow System - Includes the storage chest, tank or pit to which
the digester pulp is discharged following the cook.
(8) Continual Monitoring - Sampling and analysis in a continuous or
timed sequence, using techniques which will adequately reflect
actual emission levels, ambient air levels, or concentrations on a
continuous basis.
(9) Department - The Department of Ecology.
(10) Director - Director of the Department of Ecology or his authorized
representative.
(11) Emission - A release into the outdoor atmosphere of air contami-
nants.
(12) Emission Standard - A limitation on the release of a contaminant or
multiple contaminants to the ambient air.
(13) Other Sources - Sources of sulfur oxide emissions including, but
not limited to washers, washer filtrate tanks, digester dilution
tanks, knotters, multiple effect evaporators, storage tanks, any
operation connected with the handling of condensate liquids or
storage of condensate liquids, and any vent or stack which may be a
significant contributor of sulfur oxide gases other than those in-
cluded in the emission standard limitations in WAC 18-38-030.
-66-
-------
(14) ppm (parts per million) - Parts of a contaminant per million parts
of gas volume.
(15) Primary Air Mass Station - A type of station designed to measure
contamination in an air mass and representing a relatively broad
area. The sampling site shall be representative of the general
area concerned. The probe inlet shall be a minimum of fifteen
feet and a maximum of one hundred fifty feet above ground level.
Actual elevation should vary to prevent adverse exposure conditions
caused by surrounding buildings and terrain. The probe inlet shall
be placed approximately twenty feet above the supporting rooftop.
(16) Primary Ground Level Monitoring Station - Stations designed to
provide information on contaminant concentrations near the ground
and provide data valid for the immediate area only. The probe
inlet shall be ten to fifteen feet above ground level with a de-
sired optimum height of twelve feet. The probe inlet shall not be
less than two feet from any building or wall. The sampling site
shall be representative of the immediate area.
(17) Particulate Matter - A small discrete mass of solid or liquid
matter, but not including uncombined water.
(18) Recovery System - The process by which all or part of the cooking
chemicals may be recovered, and cooking liquor regenerated from
spent cooking liquor, including evaporation, combustion, dissolv-
ing, fortification, storage facilities, and emission control
equipment associated with the recovery cycle.
(19) Special Station - Any station that does not meet the criteria or
purpose of the standard stations are defined as special stations.
(20) Sulfite Pulping Mill - A pulp mill producing cellulose pulp, using
a cooking liquor consisting of sulfurous acid and/or a disulfite
salt.
(21) Sulfur Oxides - Sulfur dioxide, sulfur trioxide and other sulfur
oxides.
(22) Total Reduced Sulfur (TRS) - Hydrogen sulfide, mercaptans, di-
methyl sulfide, dimethyl di sulfide, and other organic sulfides
present.
(4.0) WAC 18-38-030 EMISSION STANDARDS
(1) The total average daily emissions from a sulfite pulping mill, or
a portion of a sulfite pulping mill which practices incineration
of the spent sulfite liquor, shall not exceed 20 pounds of sulfur
dioxide per ton of air dried, unbleached pulp produced.
-67-
-------
(2) The total average daily emissions from a sulfite pulping mill, or a
portion of a sulfite pulping mill that does not incinerate the spent
sulfite liquor, shall not exceed four pounds of sulfur dioxide per
ton of air dried, unbleached pulp produced,
(3) The blow system emissions shall not exceed 0.2 pounds of sulfur di-
oxide per minute, on a 15 minute average, per ton of air dried, un-
bleached pulp discharged from the digester.
(4) Emissions from the recovery system and acid plant, shall not exceed
800 ppm (dry) of sulfur dioxide for any hourly average.
(5) The total average daily emission of particulate matter from the re-
covery system, shall not exceed four pounds per ton of air dried,
unbleached pulp produced.
(6) Mills of less than 150 tons of air dried, unbleached pulp per day,
may be exempted from the limitations of subsection (1), (2), and
(3) above, provided:
(a) That the schedule of compliance required by WAC 18-38-050
demonstrates that a minimum of 50% collection efficiency for
sulfur dioxide will be maintained and that compliance will be
achieved within one year after the effective date of this
regulation.
(b) That the schedule of compliance required by WAC 18-38-050
demonstrates that a minimum of 80% collection efficiency for
sulfur dioxide will be maintained and compliance will be
achieved no later than December 31, 1975.
(c) That the emission of sulfur dioxide shall not result in an
ambient concentration greater than 0.8 ppm for any five min-
ute average, and that other state ambient air standards shall
not be exceeded, at a primary air mass station, a primary
ground level monitoring station, or a special station.
(4.0) WAC 18-38-040 MORE RESTRICTIVE EMISSION STANDARDS
(1) Notwithstanding the specific emission limits set forth in this
chapter, the Department of Ecology may, after notice and hearing,
establish more restrictive emission limits and compliance sched-
ules for mills located in recognized problem areas, for. new mills,
for mills expanding existing facilities, for mills installing
substantial modifications of existing facilities which result in
increased emissions, or for mills in areas where it is .shown
ambient air quality standards are exceeded.
-68-
-------
(2) After the effective date of this regulation, any sulfite pulping
mill constructed, enlarged, replaced, modified, or altered in any
way that would create a new source of emission or increase emis-
sions, shall meet the following provisions:
(a) Under no circumstance will any mill be allowed to operate
with emission levels above those established by WAC 18-38-030.
(b) It is the intent of the Department to establish, for each mill
covered by this section, a maximum operating standard for the
recovery system, of 300 ppm of S02, dry, as an hourly average,
and a total average daily particulate emission limitation of
2h pounds per ton of air dried, unbleached pulp produced; or
such other concentrations as could be achieved: 1) by utili-
zation of best practicable technology; or 2) where factors,
such as urban proximity, population density, mill location,
topography, and meteorological conditions make the need for
lesser allowable emissions appear desirable and necessary.
The operating standard for each mill shall be set by the De-
partment, prior to approval of construction.
(c) In keeping with the intent expressed in WAC 18-38-040 (2) (b),
each mill shall, prior to construction, submit to the Depart-
ment design information, including cost and operating in-
formation as requested by the Department, that would limit
S02 emissions from new recovery systems to 200 ppm, dry, as
an hourly average; and that would limit particulate emissions
to 2 pounds per ton of air dried, unbleached pulp produced.
(d) If the Director has reason to believe that the emission from
the source is a cause of public nuisance or a cause of viola-
tion of ambient air quality standards, the source shall,
within 90 days from notification of such occurrence, achieve
operation that will prevent further recurrence of the nuisance
or violation.
(6.0) WAC 18-38-050 COMPLIANCE SCHEDULE
Each mill shall proceed promptly with a program to bring all sources into
compliance with this regulation, but in no instance shall the compliance
be achieved later than July 1, 1974 (except as provided in WAC 18-38-030
(6) (b). A proposed schedule of compliance with this regulation shall be
submitted within one hundred and twenty days following the effective date
of this regulation, or as otherwise determined by the Department. The
proposed schedule shall include:
(1) A description of the program to determine the sulfur dioxide emis-
sions from all sources.
-69-
-------
(2) The dates when specific steps of the program will be completed, in-
cluding, but not limited to:
(a) Engineering study.
(b) Purchase of equipment.
(c) Erection of equipment.
(d) Equipment placed in normal operation (full compliance with
regulation).
(3) A description of each step in the program, including, but not
limited to:
(a) Engineering studies, including alternative control procedures
to be considered and a comprehensive time schedule for their
evaluation.
(b) Performance characteristics and estimated efficiencies of
control devices.
(c) Justification for the time schedule requested.
(d) Reduction in emissions resulting from each completed step.
(4) The Director shall issue a regulatory order setting forth the com-
pliance schedule for each mill pursuant to Chapter 18-60 WAC,
based upon a showing that the mill is proceeding with all due
speed to meet all requirements of this regulation, and upon evi-
dence that all existing air pollution abatement facilities will be
efficiently and continuously maintained during the period of the
compliance schedule.
(9.0) UAC 18-38-060 MONITORING AND REPORTING
(13.0)
(1) Each mill shall submit, within sixty days of the date of adoption,
a detailed sampling and testing program, and time schedule for
approval by the Department.
(2) The monitoring equipment shall be capable of determining compliance
with the emission limits established by these regulations, and
shall be capable of continual sampling and recording of concentra-
tions of sulfur dioxide contaminants from the recovery system.
(3) Each mill shall sample the recovery system, blow system, and acid
plant for sulfur dioxide emissions on a regularly scheduled basis.
-70-
-------
(4) Each mill shall sample the recovery furnace stacks for particulate
on a regularly scheduled basis.
(5) Unless otherwise authorized, data for each calendar month shall be
reported for each mill as follows:
(a) For the recovery system, acid plant, and other sources:
(i) Average daily emissions of sulfur dioxide, expressed as
pounds of sulfur dioxide per ton of air dried, unbleached
pulp produced, and pounds of sulfur dioxide per day.
(ii) Daily average concentrations of sulfur dioxide and, for
all hours greater than 500 ppm, dry, the hourly concen-
trations and hour. All concentrations shall be ex-
pressed in ppm. dry. For mills covered by Section 040
hourly concentrations of S02 greater than 200 ppm, dry,
shall be reported.
(iii) Average daily emissions of particulates in pounds per
ton of air dried, unbleached pulp.
(b) For the blow system, the pounds of sulfur dioxide per minute
on a 15 minute average per ton of air dried, unbleached pulp
discharged from the digester.
(c) The average daily production of air dried, unbleached pulp,
and the maximum daily production.
(d) Reports shall be submitted within 10 days after the end of
each calendar month.
(6) For mills operating under the provisions of WAC 18-38-030 (6), an
ambient monitoring program acceptable to the Department must be
established, and the results submitted monthly.
(7) Each mill shall furnish, upon request of the Department, such
other pertinent data as the Department may require to evaluate
the mill's emission control program. Unless otherwise prescribed,
each mill shall report immediately to the Department, abnormal
mil] operations which adversely affect the emission of air con-
taminants.
(8) All measurements shall be made in accordance with techniques ap-
proved by the Department. Interim procedures may be approved for
use, prior to completion of the studies required by WAC 18-38-070.
-71-
-------
(2.0) WAC 18-38-070 SPECIAL STUDIES
Special studies of the nature described below, and having prior approval
of the Department, shall be conducted at each mill or through cooperation
among mills. The proposed program and timetable shall be submitted to
the Department within 90 days of adoption of this regulation.
(1) Develop and recommend satisfactory measuring technique for particu-
late emissions from recovery systems.
(2) Evaluate and report the emission and control methods of sulfur di-
oxide from other sources within the mill.
(3) Evaluate and report the emission of sulfur trioxide from recovery
systems, and acid plants.
(4) Evaluate, as required by local conditions, emissions of TRS.
(5) Develop and recommend satisfactory continual monitoring techniques
for sulfur dioxide emissions from recovery systems, and blow pit
vents.
(6) Bleach plant emissions of chlorine, chlorine dioxide, and sulfur
dioxide, shall be determined and reported to the Department within
one year after the effective date of this regulation.
(7) Evaluate and report emissions of oxides of nitrogen, carbon mon-
oxide, and hydrocarbons from all sources within the mill.
(8) Within 12 months of the effective date of this regulation, each
sulfite pulping mill utilizing a recovery system, shall conduct an
evaluation and report the results to the Department on the feasibil-
ity of reducing sulfur oxide emissions from recovery systems to
200 ppm, dry. This evaluation shall include the effect of addition-
al absorption stages and may contain data on costs and effects such
changes will have on mill operations and emissions.
(2.0) MAC 18-38-080 EXCEPTIONS
These regulations do not apply to open burning or power boiler, operations
conducted at sulfite pulp mills, unless such boilers are an integral part
of the sulfite process or recovery system.
(2.0) WAG 18-38-090 NOTICE OF CONSTRUCTION AND SUBMISSION OF PLANS AND
SPECIFICATIONS
(1) Prior to the construction, installation, or establishment of a sul-
fite pulping mill, a notice of construction shall be submitted to
-72-
-------
the Department. Within thirty days of his receipt of such notice,
the Director may require the submission of plans, specifications,
and other information as he deems necessary, in order to determine
whether the proposed construction, installation, or establishment
will be in accordance with applicable regulations. If, within
thirty days of the receipt of plans, specifications, or other in-
formation required pursuant to this regulation, the Director deter-
mines that the proposed construction, installation, or establishment
will not be in accord with applicable regulations, he shall issue
an order for1 the prevention of construction, installation, or estab-
lishment of the sulfite pulping mill. Failure to issue such an
order within the time prescribed herein, shall be deemed a deter-
mination that the construction, installation, or establishment may
proceed, provided that it is in accordance with the plans, specifi-
cations, and other information required to be submitted.
(2) Addition to, or enlargement or replacement of, a sulfite pulping
mill or any major alteration therein, shall be construed as con-
struction, installation or establishment.
-73-
-------
CHAPTER 18-40 WAC
(50.1) SUSPENDED PARTICULATE REGULATION
AMENDMENTS
(2.0) MAC 18-40-010 PREAMBLE
In the interest of the people of the State of Washington, it is the ob-
jective of the Department of Ecology to obtain and maintain the cleanest
air possible, consistent with the highest and best practicable control
technology.
In areas where existing concentrations are lower than concentrations al-
lowed by the standards enumerated below, degradation of the atmosphere
should be minimized. The highest and best practicable control technology
should be applied to all sources unless it is determined by the respon-
sible air pollution control agency that application of lesser technology
is justified. Air quality standards should not be construed to encourage
degradation of existing air quality.
(1.0) NAG 18-40-020 DEFINITIONS
(1) Ambient Air - The surrounding outside air.
(2). Air Quality Objective - The concentration and exposure time of a
contaminant or multiple contaminants in the ambient air below which,
according to available knowledge, undesirable effects will not
occur.
(3) Air Quality Standard - An established concentration, exposure time,
and frequency of occurrence of a contaminant or multiple contami-
nants in the ambient air which shall not be exceeded.
(4) Primary Air Mass Station Suspended Particulate (PAMS-SP) - A type
of station designed to measure contamination in an air mass, and
representing a relatively broad area. The sampling site shall be
representative of the general area concerned. The sampler shall be
a minimum of fifteen feet and a maximum of one hundred fifty feet
above ground level. Actual elevation will vary, depending upon
surrounding buildings and terrain. The filter shall be placed a
minimum of three feet above a supporting rooftop.
(5) Particle - A small discrete mass of solid or liquid matter. (For
air pollution usage, sizes generally range from submicron to over
two thousand microns).
-74-
-------
(6) Suspended Particulates - Those airborne participates, collected on
eight inch by ten inch sheets of flash-fired glass fiber filter
web of specified collection efficiency, using a high-volume air
sampler or other particulate collection equipment equivalent to the
high volume sampler and glass fiber filter.
(4.0) UAC 18-40-030 AIR QUALITY STANDARD
Suspended particulate in the ambient air shall not exceed the standards
enumerated below at the conditions stated.
(1) The suspended particulate concentration measured at any primary air
mass station shall not exceed:
(a) Sixty micrograms per cubic meter of air as an annual geometric
mean.
(b) 150 micrograms per cubic meter of air - maximum 24-hour con-
centration not to be exceeded more than once per year.
(2) In recognition of natural dust loading in some areas of the State,
the following exceptions shall apply to areas east of the Cascade
Mountain Crest:
(a) If concentrations, measured at approved background locations,
exceed thirty micrograms per cubic meter of air on individual
sample days, the concentration of suspended particulate matter
measured at any primary air mass station shall not exceed 120
micrograms per cubic meter of air plus background as a maximum
24-hour concentration not to be exceeded more than once per
year.
(b) If concentrations, measured at approved background locations,
exceed twenty micrograms per cubic meter of air as an annual
geometric mean, the concentration of suspended particulate
matter at any primary air mass station shall not exceed forty
micrograms per cubic meter of air, plus background, as an an-
nual geometric mean.
(3) Sampling shall be conducted on a schedule approved by, and on file
with, the Department of Ecology. Only those samples taken in com-
pliance with an approved schedule may be used to determine compli-
ance with the air quality standards. A maximum of two makeup sam-
ples may be taken each month to meet the required sample frequency.
-75-
-------
(2.0) WAC 18-40-040 AIR QUALITY OBJECTIVE
In recognition of the need for continuing improvement of the quality of
the air resource, it is the intent of the Department of Ecology to work
toward achievement of the following objective for suspended particulate:
Concentrations measured at primary air mass stations shall not exceed
thirty micrograms per cubic meter of air for more than fifty percent of
the samples collected in any calendar year.
(9.0) MAC 18-40-050 METHOD OF MEASUREMENT
Sampling and analysis for suspended particulates shall be conducted ac-
cording to methods approved by, and on file with, the Department of
Ecology. Methods equivalent in sensitivity, accuracy, reproducibility,
and selectivity to the approved standard method may be used after
approval by the Department of Ecology.
(13.0) MAC 18-40-060 REPORTING OF DATA
(1) Local and regional agencies. Local and regional air pollution agen-
cies sampling for suspended particulates shall notify the State De-
partment of Ecology of all results exceeding the adopted standards.
Notification shall be made quarterly. A semi-annual summary of all
samples exceeding the standards shall be submitted by February 1
for the six-month period ending December 31 and by August 1 for the
six-month period ending June 30. Quarterly data shall include:
(a) Location of sampler.
(b) Time span involved (day or year).
(c) Standard exceeded (daily, annual).
(d) Concentrations recorded. All samples greater than 150 mg/m3
shall be reported.
(e) The geometric mean if the annual standard is exceeded (first
quarter report only for previous calendar year).
(2) If particulate values in excess of the standards are detected by the
Department of Ecology, the appropriate local agency shall be noti-
fied quarterly after validation of the results. This notification
shall include:
(a) Standard exceeded. (c) Time or time span involved.
(b) Location. (d) Concentrations recorded.
-76-
-------
CHAPTER 18-44 MAC
(4.1) PARTICLE FALLOUT STANDARDS
(2.0) WAC 18-44-010 PREAMBLE
In the interest of the people of the State of Washington, it is the ob-
jective of the State Air Pollution Control Board to obtain and maintain
the cleanest air possible, consistent with the highest and best practi-
cable control technology.
In areas where existing concentrations are lower than concentrations
allowed by the standards enumerated below, degradation of the atmosphere
should be minimized. The highest and best practicable control technology
should be applied to all sources emitting particulate matter to the at-
mosphere unless it is determined by the responsible air pollution control
agency that application of lesser technology is justified. Air Quality
standards should not be construed to encourage degradation of existing
air quality.
(1.0) MAC 18-44-020 DEFINITIONS
(1) Air Quality Objective - The concentration and exposure time of a
contaminant or multiple contaminants in the ambient air below
which, according to available knowledge, undesirable effects will
not occur.
(2) Air Quality Standard - An established concentration, exposure time
and frequency of occurrence of a contaminant or multiple contami-
nants in the ambient air which shall not be exceeded.
(3) Particle - A small discrete mass of solid or liquid matter. (For
air pollution usage, sizes generally range from submicron to over
two thousand microns).
(4) Primary Air Mass Station (PAMS-PFO) - A type of station designed to
measure contamination in an air mass and representing a relatively
broad area. The sampling size shall be representative of the gen-
eral area concerned and not be contaminated by any special source.
The jar opening shall be a minimum of twenty feet and a maximum of
one hundred fifty feet above ground level. Actual elevation should
vary to prevent adverse exposure conditions caused by surrounding
buildings and terrain. When mounting on rooftops, the minimum
height of jar opening shall be at least five feet above the rooftop.
(5) Primary Ground Level Monitoring Station (PGLMS-PFO) - Stations de-
signed to provide information on contaminant concentrations near
-77-
-------
the ground and provide data valid for the immediate area only. The
sampler shall be ten to twenty feet above ground level with a desired
optimum height of twelve feet. The jar opening shall be at least
five feet above the rooftop. The sampling site shall be represent-
ative of the immediate area and not be contaminated by any unique
source.
(6) Special Stations - Any station that does not meet the criteria or
purpose of the standard stations are defined as special stations.
(4.0) MAC 18-44-030 AIR QUALITY STANDARD
Particle fallout shall not exceed the standards enumerated below at the
conditions stated.
(1) The particle fallout rate measured at a primary air mass station,
ground level monitoring station or special station shall not exceed:
(a) Ten grams per square meter per month in an industrial area, or
(b) Five grams per square meter per month in an industrial area if
visual observations show a presence of wood waste and the vola-
tile fraction of the sample exceeds seventy per cent.
(c) Five grams per square meter per month in residential and com-
mercial areas.
(d) Three and one-half grams per square meter per month in residen-
tial and commercial areas if visual observations show the pres-
ence of wood waste and the volatile fraction of the sample ex-
ceeds seventy per cent.
(2) In recognition of natural dust loading in some areas of the state,
the following exceptions shall apply to areas east of the Cascade
Mountain Crest. If concentrations measured at approved background
locations exceed three and one-half grams per square meter per
month, the particle fallout rate measured at a primary air mass sta-
tion, ground level monitoring station or special station, shall not
exceed:
(a) Six and one-half grams per square meter per month plus back-
ground in an industrial area, or
(b) One and one-half grams per square meter per month plus back-
ground in residential and commercial areas.
The provisions of WAC 18-44-030 (1) (b) and (1) (d) pertaining to wood
waste shall continue to apply regardless of background.
-78-
-------
(2.0) WAC 18-44-040 AIR QUALITY OBJECTIVE
In recognition of the need for continuing improvement of the quality of
the air resource, it is the intent of the state Air Pollution Control
Board to work toward the achievement of the following objective for par-
ticle fallout: The particle fallout rate shall not exceed two and a
half grams per square meter per month.
(9.0) WAC 18-44-050 METHOD OF MEASUREMENT AND ANALYSIS
Sampling and analysis for particle fallout shall be conducted according
to methods approved by and on file with the State Air Pollution Control
Board (Appendix 1). Methods equivalent in sensitivity, accuracy, repro-
ducibility and selectivity to the approved standard method may be used
after approval by the State Air Pollution Control Board.
(13.0) UAC 18-44-060 REPORTING OF DATA
(1) Local and regional agencies. Local and regional air pollution
agencies sampling for particle fallout shall notify the State Office
of Air Quality Control of all results exceeding the adopted stand-
ard. Monthly summaries on forms furnished by the state shall be
submitted annually by April 1st and shall provide the following
information:
(a) Location of sampler.
(b) Type of station (air mass - PAMS - PFO), ground level (PGLMS -
PFO) or special station.
(c) Time span involved.
(d) Standard exceeded.
(e) Concentrations recorded.
(2) If a violation of the standards is detected by the State Office of
Air Quality Control, the appropriate local agency shall be notified
after validation of the results. This notification shall include:
(a) Standard exceeded.
(b) Location.
(c) Time span involved.
-79-
-------
(d) Concentrations recorded.
(e) Request for reply indicating action planned or taken to pre-
vent recurrence.
Control action shall be implemented by the state agency, if appropriate.
-80-
-------
CHAPTER 18-44 WAC
(50.1) PARTICLE FALLOUT REGULATION
AMENDMENTS
(2.0) MAC 18-44-010 PREAMBLE
In the interest of the people of the State of Washington, it is the ob-
jective of the Department of Ecology to obtain and maintain the cleanest
air possible, consistent with the highest and best practicable control
technology.
In areas where existing concentrations are lower than concentrations al-
lowed by the standards enumerated below, degradation of the atmosphere
should be minimized. The highest and best practicable control technology
should be applied to all sources unless it is determined by the respons-
ible air pollution control agency that application of lesser technology
is justified. Air quality standards should not be construed to encourage
degradation of existing air quality.
(1.0) WAC 18-44-020 DEFINITIONS
(1) Air Quality Objective - The concentration and exposure time of a
contaminant or multiple contaminants in the ambient air below which,
according to available knowledge, undesirable effects will not occur.
(2) Air Quality Standard - An established concentration, exposure time,
and frequency of occurrence of a contaminant or multiple contami-
nants in the ambient air which shall not be exceeded.
(3) Particle - A small discrete mass of solid or liquid matter. (For
air pollution usage, sizes generally range from submicron to over
two thousand microns).
(4) Primary Air Mass Station (PAMS-PFO) - A type of station designed to
measure contamination in an air mass and representing a relatively
broad area. The sampling site shall be representative of the gen-
eral area concerned. The jar opening shall be a minimum of fifteen
feet and a maximum of one hundred fifty feet above ground level.
Actual elevation should vary to prevent adverse exposure conditions
caused by surrounding buildings and terrain. When mounting on
rooftops, the minimum height of jar opening shall be at least five
feet above the rooftop.
(5) Primary Ground Level Monitoring Station (PGLMS-PFO) - Stations de-
signed to provide information on contaminant concentrations near
-81-
-------
the ground and provide data valid for the immediate area only. The
sampler shall be six to fifteen feet above ground level with a de-
sired optimum height of ten feet. The jar opening shall be at
least five feet above the rooftop. The sampling site shall be repre-
sentative of the immediate area.
(6) Special Stations - Any station that does not meet the criteria or
purpose of the standard stations is defined as a special station.
(2.0) MAC 18-44-040 AIR QUALITY OBJECTIVE
In recognition of the need for continuing improvement of the quality of
the air resource, it is the intent of the Department of Ecology to work
toward the achievement of the following objective for particle fallout:
The particle fallout rate shall not exceed two and a half grams per
square meter per month.
(9.0) MAC 18-44-050 METHOD OF MEASUREMENT AND ANALYSIS
Sampling and analysis for particle fallout shall be conducted according
to methods approved by, and on file with, the Department of Ecology.
Methods equivalent in sensitivity, accuracy, reproducibility and selec-
tivity to the approved standard method may be used after approval by the
Department of Ecology.
(13.0) WAC 18-44-060 REPORTING OF DATA
(1) Local and regional agencies. Local and regional air pollution
agencies sampling for particle fallout shall notify the State De-
partment of Ecology of all results exceeding the adopted standard.
Monthly summaries shall be submitted annually by March 1st and
shall provide the following information:
(a) Location of sampler.
(b) Type of station (air mass - PAMS-PFO), ground level (PGLMS-
PFO) or special station.
(c) Time span involved.
(d) Standard exceeded.
(e) Concentrations recorded.
(2) If a violation of the standards is detected by the State Department
of Ecology, the appropriate local agency shall be notified after
-82-
-------
validation of the results. This notification shall include:
(a) Standard exceeded.
(b) Location.
(c) Time span involved.
(d) Concentrations recorded.
-83-
-------
CHAPTER 18-46 WAC
PHOTOCHEMICAL OXIDANT
(50.3) HYDROCARBONS
(50.4)
NITROGEN DIOXIDE
(2.0) MAC 18-46-010 PREAMBLE
In the interest of the people of the State of Washington, it is the ob-
jective of the Department of Ecology to obtain and maintain the cleanest
air possible, consistent with the highest and best practicable control
technology.
In areas where existing concentrations are lower than concentrations al-
lowed by the standards enumerated below, degradation of the atmosphere
should be minimized. The highest and best practicable control technology
should be applied to all sources unless it is determined by the resoon^
sible air pollution control aaencv that aoolication of lesser technology.
is justified. Air quality standards should not be construed to encour-
age degradation of existing air quality.
(1.0) WAC 18-46-020 DEFINITIONS
As used in this chapter:
(1) "Ambient air" means the surrounding outside air.
(2) "Air quality standard" means an established concentration, exposure
time, and frequency of occurrence of a contaminant or multiple con-
taminants in the ambient air which shall not be exceeded.
(3) "Primary air mass station (PAMS)" means a station designed to meas-
ure contamination in an air mass and representing a relative broad
area. The sampling site shall be representative of the general
area concerned. The probe inlet shall be a minimum of fifteen feet
and a maximum of one hundred and fifty feet above ground level.
Actual elevation should vary to prevent adverse exposure conditions
caused by surrounding buildings and terrain. The probe inlet shall
be placed ten to twenty feet above the rooftop and meteorological
measurements, if taken, shall be made at approximately the same
level as the probe inlet.
(4) "Primary ground level monitoring station (PGLMS)" means a station
designed to provide information on contaminant concentrations near
the ground and provide data valid for the immediate area only. The
-84-
-------
probe inlet shall be six to fifteen feet above ground level with a
desired optimum height of ten feet. The probe inlet shall not be
less than two feet from any building or wall. The sampling site
shall be representative of the immediate area.
(4.0) MAC 18-46-030 AIR QUALITY STANDARDS
Air quality standards are established as follows:
(1) Photochemical Oxidant - Photochemical oxidant in the ambient air
measured at a PAMS during the hours and months specified shall not
exceed an average concentration of 160 micrograms per cubic meter
(0.08 parts per million) for any one hour more than once during the
entire period: 10 a.m. through 4 p.m. PST from April 1 through
October 31.
(2) Hydrocarbons - Nonmethane gas phase hydrocarbons in the ambient air
measured at a PAMS during the hours and months specified shall not
exceed an average concentration of 160 micrograms per cubic meter
(0.24 parts per million) for any 3 consecutive hours more than
once during the entire period: 6 a.m. to 9 a.m. from April' 1
through October 31.
(3) Nitrogen Dioxide - The annual arithmetic mean of nitrogen dioxide
in the ambient air measured at a PAMS or a PGLMS shall not exceed
100 micrograms per cubic meter (0.05 parts per million).
(9.0) MAC 18-46-040 MEASUREMENT
For determining compliance with this regulation, measurements will be made
by methods approved by and on file with the Department of Ecology.
(13.0) UAC 18-46-050 REPORTING OF DATA
Local and regional air pollution control agencies shall notify the De-
partment of Ecology of all occurrences of photochemical oxidant, hydro-
carbons or nitrogen dioxide concentrations which exceed the applicable
standards. Notification shall be made quarterly. Quarterly data shall
include:
(1) Location of sampler.
(2) Time span involved.
(3) Concentrations recorded.
(4) Type of sampler used.
(5) Other relevant information requested by the Department of Ecology.
-85-
-------
CHAPTER 18-48 WAC
(4.7) . FLUORIDE STANDARDS
(2.0) WAC 18-48-080 PREAMBLE
In the interest of the people of the State of Washington, it is the ob-
jective of the State Department of Ecology to obtain and maintain the
cleanest air possible, consistent with the highest and best practicable
control technology.
In areas where existing concentrations are lower than concentrations al-
lowed by the standards enumerated below, degradation of the atmosphere
should be minimized. The highest and best practicable control technology
should be applied to all sources emitting fluorides to the atmosphere un-
less it is determined by the responsible air pollution control agency that
application of lesser technology is justified. Air quality standards
should not be construed to encourage degradation of existing air quality.
(2.0) WAC 18-48-090 POLICY LIMITATIONS
The standards set forth within these regulations are intended to protect
livestock and vegetation. All sampling to measure compliance with said
standards will be conducted in areas and during time periods appropriate
to protect vegetation and livestock.
(1.0) WAC 18-48-100 DEFINITIONS
(1) Forage - Grasses, pasture and other vegetation that is consumed or
is intended to be consumed by livestock.
(2) Cured Forage - Hay, straw, ensilage that is consumed or is intended
to be consumed by livestock.
(3) Ambient Air - The surrounding outside air.
(4) Ambient Air Quality Standard - An established concentration, expo-
sure time and frequency of occurrence of a contaminant or multiple
contaminants in the ambient air which shall not be exceeded.
(5) Standard conditions - Sixty (60) degrees Fahrenheit and fourteen
and seven-tenths (14.7) pounds per square inch absolute.
-86-
-------
(2.0) WAC 18-48- 110 INTENT OF REGULATIONS
Two standards are established by these rules. One shall be for the
fluoride content of forage and the other for gaseous fluorides in the
ambient air. No person shall cause, let, permit, or allow any emission
of elemental or chemically combined fluorine, which either alone or in
combination with other fluorides that may be present in forage or the
ambient air, to be in excess of the standards in WAC 18-48-120 and 130.
(4.7) WAC 18-48-120 FORAGE STANDARDS
(1) The fluoride content of forage calculated by dry weight shall not
exceed:
(a) Forty parts per million fluoride ion (40 ppm F~) average for
any twelve (12) consecutive months.
(b) Sixty parts per million fluoride ion (60 ppm F") each month
for more than two (2) consecutive months.
(c) Eighty parts per million fluoride ion (80 ppm F") more than
once in any two (2) consecutive months.
(2) In areas where cattle are net grazed continually, but are fed
cured forage part of the year, the fluoride content of the cured
forage shall be used as the forage fluoride content for as many
months as it is fed to establish the yearly average.
(3) Cured forage grown for sale as livestock feed shall not exceed
forty parts per million fluoride ion (40 ppm F") by dry weight
after curing or preparing for sale.
(4.0) WAC 18-48-130 AMBIENT AIR STANDARDS
Gaseous fluorides in the ambient air calculated as HF at standard condi-
tions shall not exceed:
(1) Three and seven- tenths micrograms per cubic meter (3.7 ^g/m) aver-
age for any twelve (12) consecutive hours;
(2) Two and nine-tenths micrograms per cubic meter (2.9/ug/m^) average
for any twenty-four (24) consecutive hours;
(3) One and seven-tenths micrograms per cubic meter (1.7/jg/m^) average
for any seven (7) consecutive days;
(4) Eighty-four one hundredths micrograms per cubic meter (0.84xug/m )
average for any thirty (30) consecutive days;
-87-
-------
(5) Five-tenths micrograms per cubic meter (0.5,ug/m3) average for the
period March 1 through October 31 of any year.
(2.0) WAC 18-48-140 COMPLIANCE WITH STANDARDS
When requested by the Director of the State Department of Ecology, per-
sons emitting fluorides to the atmosphere shall be required to establish
their compliance with WAC 18-48-120 and 130 by conducting a monitoring
program approved in writing by the Director of the Department of Ecology
and submitting all data obtained to the Director.
(9.0) WAC 18-48-150 SAMPLING AND ANALYSIS
(1) Forage samples shall be taken once each calendar month at intervals
of twenty five (25) to thirty five (35) days to determine compli-
ance with WAC 18-48-120.
(2) Gaseous fluoride shall be sampled according to the approved monitor-
ing program, using the sodium bicarbonate tube method.
(3) Samples shall be analyzed by the Technicon Auto Analyzer or the Mod-
ified Willard-Winter Distillation Method. The Orion probe may be
used to analyze the gaseous ambient air sample when the fluoride is
in soluble form.
(4) Sampling and analysis shall be in accordance with techniques approved
by, and on file with the Department of Ecology. Other sampling
and methods of analysis which are equivalent in accuracy, sensi-
tivity, reproducibility and applicability under similar conditions
may be used after approval by the Department.
WAC 18-48-010 through 18-48-070 are each hereby repealed.
-88-
-------
CHAPTER 18-52 WAC
(51.17) PRIMARY ALUMINUM PLANTS
(2.0) WAC 18-52-010 STATEMENT OF PURPOSE
These rules are enacted under the provisions of the 1969 amendments to
the Washington Clean Air Act (RCW 70.94.395) to:
(1) Assume state jurisdiction over emissions from primary aluminum re-
duction plants in order to provide for the systematic reduction
and control of air pollution in the primary aluminum reduction in-
dustry; and
(2) Establish standards deemed to be technically feasible and reason-
ably attainable, and revise such standards as new information and
better technology are developed and become available.
(2.0) WAC 18-52-015 OBJECTIVES
In furtherance of the public policy of the state as set forth in chapter
70-94 RCW, it is hereby declared to be the policy and objective of the
state board in adopting the following regulations to:
(1) Require, in accordance with a specific program and timetable for
each operating plant, the highest and best practicable collection,
treatment, and control of emissions from cells and other sources
in primary aluminum reduction plants through the utilization of
technically feasible equipment, devices and procedures.
(2) Require effective monitoring and reporting of emissions, ambient
air levels of fluorides, fluoride content of forage and other
pertinent data. The state board will use these data, in conjunc-
tion with observation of conditions in the surrounding areas, to de-
'velop and revise emission and ambient air standards and to determine
compliance therewith.
(3) Encourage and assist the primary aluminum reduction industry to con-
duct a research and technological development program designed to
progressively reduce primary aluminum reduction plant emissions, in
accordance with a definite program, including specified objectives
and time schedules.
(1.0) WAC 18-52-020 DEFINITIONS
(1) All Sources - means sources including, but not limited to, the
-89-
-------
reduction process, alumina plant, anode plant, anode baking plant,
cast house and collection, treatment and recovery systems.
(2) Ambient Air - means the surrounding outside air.
(3) Anode Baking Plant - means the heating and sintering of pressed
anode blocks in oven-like devices, including the loading and un-
loading of the oven-like devices.
(4) Anode Plant - means all operations directly associated with the pre-
paration of anode carbon except the anode baking operation.
(5) Cured Forage - means hay, straw, ensilage that is consumed or is in-
tended to be consumed by livestock.
(6) Emission - means a release into the outdoor atmosphere of air con-
taminants.
(7) Emission Standard - means the limitation on the release of a con-
taminant or multiple contaminants into the ambient air.
(8) Fluorides - means matter containing fluoride ion.
(9) Forage - means grasses, pasture and other vegetation that is con-
sumed or is intended to be consumed by livestock.
(10) Particulate Matter - means a small, discrete mass of solid or liq-
uid matter, but not including uncombined water.
(11) Primary Aluminum Plant - means those plants which will or do oper-
ate for the purpose of or related to producing aluminum metal from
aluminum oxide (alumina).
(12) Pot Line Primary Emission Control Systems - means the system which
collects and removes contaminants prior to the emission point. If
there is more than one such system, the primary system is that sys-
tem which is most directly related to the aluminum reduction cell.
(13) Regularly Scheduled Monitoring - means sampling and analyses in com-
pliance with a program and schedule approved pursuant to WAC 18-52-
050.
(14) Standard Dry 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 at a pressure of 14.7 P.S.I.A. and
a temperature of 60°F.
(15) State Board (SAPCB) - means Washington State air pollution control
board.
-90-
-------
(4.0) WAC 18-52-030 EMISSION STANDARDS
(1) The emission of gaseous fluorides and particulate fluorides from
all sources within a primary aluminum plant shall be restricted so
that the ambient air and forage standards for fluorides are not ex-
ceeded outside the property controlled by the aluminum plant owner
or operator (see chapter 18-48 WAC).
(2) The total emission of particulate matter to the atmosphere from the
reduction process (pot-lines) shall be reduced to the lowest level
consistent with the highest and best practicable technology avail-
able to the primary aluminum industry, but in no case shall the
emission of solid particulate exceed fifteen pounds per ton of alu-
minum produced on a daily basis.
(3) Visible emissions from all sources shall not have a density or
equivalent opacity such as to obscure an observer's view, for more
than three minutes in any hour, to a degree greater than does smoke
designated as No. One or twenty per cent density on the Ringelmann
Chart as published by the United States Bureau of Mines. This
standard shall not apply when the presence of uncombined water is
the only reason for failure of an emission to meet this requirement.
(4.0) MAC 18-52-040 REVISION OF EMISSION STANDARDS
(1) A public hearing shall be called within ninety days after submission
of the results of the special studies provided for under WAC 18-52-
080 herein to evaluate the special studies, current technology and
adequacy of these regulations, and to make revisions to the regula-
tions, as necessary.
(2) The state board may, after public hearing, establish more restrict-
ive emission limits for new primary aluminum plants or for plants
that expand existing facilities. Data documenting projected emis-
sions and changes in or effects upon air quality that would result
from the construction or expansion must be submitted to the state
board, together with plans and specifications, in accordance with
WAC 18-52-070 (3).
(6.0) WAC 18-52-050 COMPLIANCE
Compliance shall be in accordance with the procedures set forth in chapter
18-60 WAC, but, in no case, shall full compliance be later than July 1,
1972 for WAC 18-52-030 (1), and January 1, 1975 for WAC 18-52-030 (2) and
(3).
-91-
-------
(9.0) WAG 18-52-060 MONITORING
(1) Each primary aluminum plant shall submit, within sixty days after
the effective date of this regulation, a detailed monitoring pro-
gram. The proposed program shall be subject to revision and approv-
al by the state board. The program shall include regularly sched-
uled monitoring for emissions of gaseous and particulate fluorides
and total particulates. A schedule for measurement of fluoride
levels in forage and ambient air shall be submitted.
(2) Necessary sampling and analysis equipment shall be ordered or other-
wise provided for within thirty days after the monitoring program
has been approved in writing by the state board. The equipment
shall be placed in effective operation in accordance with the ap-
proved program within ninety days after delivery.
(13.0) WAC 18-52-070 REPORTING
(1) Unless otherwise authorized in writing by the state board, data
shall be reported by each primary aluminum plant within thirty days
of the end of each calendar month in the specified seasons for each
source and station included in the approved monitoring program as
follows:
(a) Ambient Air : Twelve-hour concentrations of gaseous fluoride
in the ambient air expressed in parts per billion of hydrogen
fluoride on a volume basis.
(b) Forage: Concentrations of fluoride in forage expressed in
parts per million of fluoride on a dried weight basis.
(c) Particulate Emissions: Results of all emission sampling con-
ducted during the month for particulates, expressed in grains
per standard dry cubic foot, in pounds per day, and in pounds
per ton of aluminum produced. The method of calculating
pounds per ton shall be as specified in the approved monitor-
ing programs. Particulate data shall be reported as total
particulates and percentage of fluoride ion contained therein.
Compliance with WAC 18-52-030 (2) shall be determined by measure-
ments of emissions from the pot line primary control system plus
measurements of emissions from the roof monitor and other points of
emission to the atmosphere. Calculated emissions to the pot rooms
from the reduction cells based on hooding efficiency determined for
gaseous fluoride may be substituted for roof monitor emission meas-
urements in determining compliance with the regulation.
(d) Gaseous Emissions: Results of all sampling conducted during
the month for gaseous fluorides. All results shall be ex-
-92-
-------
pressed as hydrogen fluoride in parts per million on a volume
basis and pounds per day of hydrogen fluoride.
(e) Other emission and ambient air data as specified in the ap-
proved monitoring program.
(f) Changes in collection efficiency of any portion of the collec-
tion or control system that resulted from equipment or process
changes.
(2) Each primary aluminum plant shall furnish, upon request of the
state board, such other data as the state board may require to
evaluate the plant's emission control program. Each primary alumi-
num plant shall immediately report abnormal plant operations which
result in increased emissions of air contaminants.
(3) Prior to construction, installation or establishment of a primary
aluminum plant, a notice of construction shall be submitted to the
state board. Within thirty days of its receipt of such notice, the
state board may require the submission of plans, specifications and
other information as it deems necessary, in order to determine
whether the proposed construction, installation or establishment
shall be in accordance with applicable regulations. If, within
thirty days of the receipt of plans, specifications or other informa-
tion required pursuant to this regulation, the state board determines
that the proposed construction, installation or establishment will
not be in accordance with applicable regulations, it shall issue an
order for the prevention of construction installation or establish-
ment of the primary aluminum plant. Failure to issue such an order
within the time prescribed herein shall be deemed a determination
that the construction, installation or establishment may proceed,
provided that it is in accordance with the plans, specifications and
other information required to be submitted.
Addition to, or enlargement or replacement of, a primary aluminum
plant or any major alteration therein shall be construed as con-
struction, installation or establishment.
(2.0) WAC 18-52-080 SPECIAL STUDIES
(1) Special studies, covering the areas in subsections (a), (b) and (c)
of this section shall be conducted at each primary aluminum plant.
(a) Emissions of particulates from all sources within the plant,
including size distribution and physical and chemical charac-
teristics where feasible, and a separation of fluoride and
nonfluoride particulate.
(b) Plume opacity from all sources within the plant, including its
-93-
-------
relationship to grain loading, participate characteristics,
particle emissions in pounds per ton of production and stack
characteristics.
(c) Emissions of sulfur dioxide, hydrocarbons, carbon monoxide,
chlorine and chlorides, oxides of nitrogen, ozone, water vapor,
and fluorides from all sources.
(2) Each primary aluminum plant shall submit a program for conducting
the aforesaid special studies to the state board for approval with-
in sixty days after the effective date of this regulation.
(3) The results of the special studies shall be submitted to the state
board not later than eighteen months after approval of the special
studies program.
-94-
-------
CHAPTER 18-56 WAC
(4.2) SULFUR OXIDE STANDARDS
AMENDMENTS
(2.0) WAC 18-56-010 PREAMBLE
In the interest of the people of the State of Washington, it is the ob-
jective of the State Department of Ecology to obtain and maintain the
cleanest air possible, consistent with the highest and best practicable
control technology.
In areas where existing concentrations of sulfur oxides are lower than
concentrations allowed by the standards enumerated below, degradation of
the atmosphere should be minimized. The highest and best practicable
control technology should be applied to all sources, unless it is de-
termined by the responsible air pollution control agency that application
of lesser technology is justified. Air quality standards should not be
construed to encourage degradation of existing air quality.
(1.0) WAC 18-56-020 DEFINITIONS
(1) Air Quality Objective - The concentration and exposure time of a
contaminant or multiple contaminants in the ambient air below which,
according to available knowledge, undesirable effects will not
occur.
(2) Air Quality Standard - An established concentration, exposure time
and frequency of occurrence of a contaminant or multiple contam-
inants in the ambient air which shall not be exceeded.
(3) Primary Air Mass Station (PAMS-S02) - A type of station designed.to
measure contamination in an air mass and representing a relatively
broad area. The sampling site shall be representative of the gen-
eral area concerned. The probe inlet shall be a minimum of fifteen
feet and a maximum of one hundred fifty feet above ground level.
Actual elevation should vary to prevent adverse exposure conditions
caused by surrounding buildings and terrain. The probe inlet shall
be placed ten to twenty feet above a supporting rooftop.
(4) Primary Ground Level Monitoring Station (PGLMS-SOj - Stations
designed to provide information on contaminant concentrations near
the ground and provide data valid for the immediate area only. The
probe inlet shall be six to fifteen feet above ground level with an
optimum height of ten feet. The probe inlet shall not be less than
two feet from any building or wall. The sampling, site shall be
representative of the immediate area.
-95-
-------
(5) Special Stations (SS-SCL) - Any station that does not meet the cri-
teria or purpose of the standard stations are defined as special
stations.
(4.0)' WAC 18-56-030 AIR QUALITY STANDARDS
Sulfur oxide in the ambient air, measured as sulfur dioxide at a primary
air mass station, a primary ground level monitoring station, or a special
station, shall not exceed the following concentrations averaged over the
specified time periods:
(1) Four-tenths parts per million by volume average for any one hour
not to be exceeded more than once per year.
(2) Twenty-five one-hundredths parts per million by volume average for
any one hour not to be exceeded more than two times in any conse-
cutive seven days.
(3) One-tenth parts per million by volume average for any one day (twenty-
four hours), not to be exceeded more than once per year.
(4) Two one-hundredths parts per million by volume average for any one
year (annual arithmetic mean).
(2.0) HAG 18-56-040 AIR QUALITY OBJECTIVE
In recognition of the need for continuing improvement of the quality of
the air resource, it is the intent of the Department of Ecology to work
toward the achievemnet of the following objective for sulfur oxides: The
sulfur oxide concentration measured as sulfur dioxide at a primary air
mass station, primary ground level monitoring station, or special station,
shall not exceed 0.3 parts per million average for five minutes.
(9.0) HAG 18-56-050 METHOD OF MEASUREMENT
For determining compliance with this regulation, sulfur oxides shall be
measured as sulfur dioxide by acidified peroxide reagent conductivity coul'
ometric or colorimetric techniques approved by, and on file with, the
Department of Ecology. Other continuous and manual methods equivalent in
sensitivity, accuracy, reproducibility, and selectivity to the approved
methods may be used after approval by the Department of Ecology.
-96-
-------
(13.0) WAG 18-56-060 DATA REPORTING
Local and regional air pollution control agencies sampling for sulfur
oxides shall notify the Department of Ecology of all violations of this
regulation. The notification shall be submitted quarterly. Summaries
shall provide the following information:
(1) Location of sampler.
(2) Type of station - air mass, ground level, or special station.
(3) Time span involved (including specific hours, days, and year).
(4) Actual concentrations recorded that exceeded the standard.
(5) The Department of Ecology shall notify the regional or local agencies
of results of samples exceeding the standards within the agency
jurisdiction on a quarterly basis. This notification shall include:
(1) Location.
(2) Time span.
(3) Standard exceeded.
(4) Concentrations recorded.
-97-
-------
CHAPTER 18-60 WAC
(50.0) ESTABLISHING PROCEDURES FOR IMPLEMENTING REGULATIONS APPLICABLE TO EMISSIONS
FROM PARTICULAR TYPES AND CLASSES OF AIR CONTAMINANT SOURCES
REGULATORY ORDERS CONTAINING COMPLIANCE SCHEDULES
(18-60-101; 18-60-020; 18-60-030; 18-60-040; 18-60-050)
(2.0) WAC 18-60-010 POLICY AND PURPOSE
(1) It is the policy of the department of ecology under the authority
vested in it by chapter 43.21A RCW to provide for the systematic
and progressive reduction and control of air pollution from air
contaminant sources which have been brought under state jurisdiction
pursuant to RCW 70.94.395. RCW 70.94.395 provides for the adoption
and enforcement of rules and regulations to control and/or prevent
the emission of air contaminants from a particular type or class of
air contaminant source when it is determined that such source should
be regulated on a statewide basis in the public interest and for
the protection of the welfare of the citizens of the state.
(2) It is the purpose of these rules to establish procedures for the
implementation of regulations and rules generally applicable to the
control and/or prevention of the emission of air contaminants from
a particular type or class of air contaminant source, adopted pur-
suant to RCW 70.94.395.
(1.0) WAC 18-60-020 DEFINITIONS
(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate
matter, vapor, gas, odorous substance, or any combination thereof.
(2) "Compliance schedule" means a listing of actions required at a sta-
tionary air contaminant source to bring such source into compliance
with emission standards established by regulation or rule for its
type or class of air contaminant source, and a listing of deadlines
for the completion of such actions.
-98-
-------
(3) "Department" means department of ecology.
(4) "Director" means director of the department of ecology.
(5) "Emission" means a release into the outdoor atmosphere of air con-
taminants.
(6) "Emission standard" means a limitation on the release of an air con-
taminant or multiple contaminants into the outdoor atmosphere.
(7) "Regulatory order" means a written directive issued by the director
or his designee addressed to the owner(s) or person(s) responsible
for the operation of a stationary air contaminant source, ordering
such addressee(s) to cause action to be taken in conformity with a
compliance schedule included in the order and to require such pro-
gress reports or other conditions as may be required to effectuate
compliance with applicable regulations or rules.
(8) "Stationary air contaminant source" means an individual mill, plant
or other stationary installation from which emissions originate and
which is within a particular type or class of air contaminant source
identified and covered by general rules and regulations.
(2.0) MAC 18-60-030 PROCEDURE
Whenever any rule or regulation generally applicable to the control and/or
prevention of the emission of air contaminants from a particular type or
class of air contaminant source shall have been duly adopted by the de-
partment:
(1) The owner(s) or person(s) responsible for the operation of each sta-
tionary air contaminant source within the type or class regulated,
or their authorized representative(s), shall, within the time speci-
fied in the general regulation, submit to the department a pro-
posed compliance schedule for such source. PROVIDED that this sub-
section shall not apply to stationary air contaminant sources with
compliance schedules in effect immediately prior to the effective
date of this chapter and that such schedules shall, upon such effec-
tive date, immediately be re-established by regulatory order.
(2) All persons who have made timely request of the department for a copy
of a proposed compliance schedule shall be provided such copy by the
department and given an opportunity to submit views thereon to the
department prior to the issuance of a regulatory order in regard to
such proposal.
-99-
-------
(3) After reviewing a proposed compliance schedule and such views there-
on as are submitted, the director.or his designee shall issue a
regulatory order establishing: a compliance schedule and progress
reporting requirements for the stationary air contaminant source
and such other conditions as may be necessary.
(4) Amendments or changes in a compliance schedule or other conditions
set forth in a regulatory order may be made through an amended reg-
ulatory order following written request by the owner(s) or person(s)
responsible for the operation of the stationary air contaminant
source when a finding is made by the director or his designee that
such amendment or change is justified on the basis of technological
requirements, equipment delivery time, construction time require-
ments or other sufficient cause and is not contrary to the public
interest. Requests for such amendments must be received by the
department at least thirty days prior to any date sought to be
changed except in cases involving emergency conditions beyond the
control of the requestor(s).
(5) All persons who have made timely request of the department for a
copy of a request for an amendment or change in a compliance sched-
ule which asks for the alteration of any date in such schedule for
full compliance shall be provided such copy by the department and
given an opportunity to submit views thereon to the department prior
to the issuance of an amended regulatory order revising such sched-
ule.
(6) An oral hearing must be granted prior to the issuance of a regula-
tory order or amended regulatory order hereunder if requested by
twenty-five persons or by an association having not less than twenty-
five members.
(15.0) WAC 18-60-040 PENALTY
Any person "who violates a regulatory order issued pursuant hereto shall
be subject to the sanctions provided in chapter 70.94 RCW.
(14.0) WAC 18-60-050 PUBLIC INFORMATION
Copies of regulatory orders and amendments thereto which are issued here-
under shall be filed at the department and available for inspection on
request.
-100-
-------
(6.0) WAC 18-36-040 COMPLIANCE
Compliance shall be in accordance with the procedures set forth in chapter
18-60-WAC, but in no case shall full compliance be later than the time
limitations established in WAC 18-36-030.
(6.0) WAC 18-52-050 COMPLIANCE
Compliance shall be in accordance with the procedures set forth in chapter
18-60-WAC, but, in no case, shall full compliance be later than July 1,
1972 for WAC 18-52-030(1), and January 1, 1975 for WAC 18-52-030(2) and
(3).
WAC 18-36-045 Repealed.
-101-
-------
REGULATION 1
NORTHWEST AIR POLLUTION AUTHORITY
-------
REGULATION 1
CHAPTER I
ORGANIZATION AND GENERAL PROVISIONS
(2.0) SECTION 1.01 NAME OF AUTHORITY
The multi-county agency, consisting of Island, San Juan, Skagit and
Whatcom Counties, having been formed pursuant to the Washington Clean
Air Act RCW 70.94, shall be known and cited as the "NorthWest Air Pol-
lution Authority".
(2.0) SECTION 1.02 SHORT TITLE
This Regulation may be known and cited as "Regulation 1 of the North-
west Air Pollution Authority".
(2.0) SECTION 1.03 POLICY
(a) It shall be the policy of the NorthWest Air Pollution Authority to
secure and maintain such levels of air quality as will protect
human health and safety, prevent injury to plant and animal life
and to property and foster the comfort and convenience of the in-
habitants of this area in order to facilitate their enjoyment of
the area's natural beauty and thus promote the economic and social
well being of the area.
(b) In order to carry out the requirements of the Washington Clean Air
Act and to provide uniform administration and enforcement, the
NorthWest Air Pollution Authority adopts the following set of poli-
cies and ambient air quality objectives.
Ambient air quality objectives are deemed necessary and desirable.
They serve as a starting point for all air pollution matters. Since
pollutants represent ground-level or point-of-use concentrations,
they will serve as the basis for the control of source emissions to
achieve the ambient air quality objectives.
The establishment of control procedures and emission standards are
the administrative means of achieving this goal.
-102-
-------
(2.0) SECTION 1.05 DUTIES AND POWERS
(a) Pursuant to the provisions of the Washington Clean Air Act, and
Chapter 62, Laws of 1970 Second Extraordinary Session, 8/7/70,
the Board may take such reasonable action as may be necessary to
prevent air pollution which may include control or measurement
of emission of air contaminant from a source.
The Board shall appoint a Control Officer competent in the field
of air pollution control who shall observe and enforce the pro-
visions of all ordinances, orders, resolutions, or rules and reg-
ulations of this Authority pertaining to the control and preven-
tion of air pollution. The Board shall establish such procedures
and take such action as may be required to implement Section 1.03
in a manner consistent with the State Act and other applicable
laws.
(b) The Board shall require that the Control Officer maintain appro-
priate records and prepare periodic reports.
(c) The Board shall receive minutes of meetings of the Advisory Coun-
cil as required, the decisions of the Advisory Council shall be
forwarded to the Board in writing and shall include minority
opinions in cases of serious disagreement.
(16.0) SECTION 1.07 INVESTIGATIONS AND STUDIES
(a) The Control Officer and/or his qualified agents may make any rea-
sonable investigation or study which is necessary for the purpose
of standards or any amendments thereto on reducing the amount or
kind of contaminant.
(b) When investigating conditions specific to the control, recovery or
release of air contaminants, the Control Officer or his duly author-
ized representatives shall have the power to enter at reasonable
times upon any private or public property, except non-multiple
unit private dwellings housing two families or less.
(c) If an authorized employee of the Authority, during the course of
an inspection desires to obtain a sample of air contaminant, he
shall notify the owner or lessee at the time and place of obtaining
a sample so the owner or lessee has the opportunity to take a sim-
ilar sample at the same time and place. A receipt shall be given
to the owner or lessee for the sample obtained.
-103-
-------
(14.0) SECTION 1.09 CONFIDENTIAL INFORMATION
Whenever any records or other information furnished to or obtained by
the Authority pursuant to any sections in the State Act as amended, re-
lates to processes or production unique to the owner or operator, or are
likely to affect adversely the competitive position of such owner or oper-
ator if released to the public or to a competitor, the owner or oper-
ator of such processes or production may so certify and request that such
records or information be made available only for the confidential use
of the Board, the Advisory Council and Authority staff. The Board shall
give consideration to the request and if such action would not be detri-
mental to the public interest and is otherwise within accord with the
policies and purposes of the Regulations of this Authority and with State
Law, may grant the same. No member of the Authority shall access to any
confidential information in which he may, in the opinion of the Board,
have a conflict of interest.
(15.0) SECTION 1.11 VIOLATIONS - NOTICE
Whenever the Board or the Control Officer has reason to believe that any
provisions relating to the control or prevention of air pollution has
been violated, the Board or Control Officer may cause written notice to
be served upon the alleged violator or violators. The notice shall spe-
cify the Regulation alleged to be violated, and the facts alleged to con-
stitute a violation thereof, and may include an order that necessary cor-
rective action be taken within a reasonable time. In lieu of an order,
the Board or Control Officer may require that the alleged violator or
violators appear before the State Hearing Board pursuant to State Law.
(16.0) SECTION 1.13 ORDERS AND HEARINGS
(a) Any order issued by the Board or by the Control Officer, which is
not preceded by a hearing, shall become final unless, no later than
30 days after the date the notice and/or order are served, the per-
son aggrieved by appeals to the State Hearing Board as provided by
State Law.
(b) If, after a hearing held as a result of a petition to the Authority
by a person aggrieved by an order, the Board finds that a violation
has occurred or is occurring, it shall affirm or modify the order
previously issued, or if the finding made is that no violation has
occurred or is occurring, the order shall be rescinded. If, after
a hearing held in lieu of an order, the Board finds that a violation
has occurred or is occurring, it shall issue an appropriate order
or orders for the prevention, abatement or control of the emissions
involved or for the taking of such other corrective actions as may
be appropriate. Any order issued as part of a notice or indepen-
dently may prescribe the date or dates by which the violation or
-104-
-------
violations shall cease and may prescribe timetables for necessary
action in preventing, abating, or controlling the emissions.
(c) The Board shall retain authority to hold hearings, issue subpoe-
naes for witnesses and evidence, and take testimony under oath and
do all things not prohibited by or in conflict with State Law.
(d) Any hearings held under this section, under the Washington Clean
Air Act or under Chapter 62, Laws of 1970 (Second Ex. Sess.) shall
be conducted in accordance with the rules or evidence as set forth
in RCW 34.04.100 or as hereafter amended.
(16.0) SECTION 1.15 APPEALS FROM BOARD ORDERS
Any order issued by the Board after a hearing shall become final unless
no later than thirty days after the issuance of such order the aggrieved
party appeals to the State Hearing Board as provided by State Law.
(16.0) SECTION 1.17 STATUS OF ORDERS ON APPEAL
(a) Any order of the Control Officer or the Board shall be stayed
pending final determination of any hearing or appeal taken in accord-
ance with the provisions herein, unless further interim order is
issued by the Hearing Board.
(b) Nothing in the Regulations of this Authority shall prevent the
Control Officer or Board from making efforts to obtain voluntary
compliance through warning, conference, any other appropriate means
or use of any other legal remedy.
(2.0) SECTION 1.19 INTERFERENCE OR OBSTRUCTION
No person shall willfully interfere with or obstruct the Control Officer
or any Authority employee and/or assigned agent in carrying out any lawful
duty.
(2.0) SECTION 1.21 FALSE AND MISLEADING ORAL STATEMENTS:
UNLAWFUL REPRODUCTION OR ALTERATION OF DOCUMENTS
(a) No person shall willfully make a false or misleading oral statement
to the Board as to any matter within the jurisdiction of the Board.
(b) No person shall reproduce or alter or cause to be reproduced or al-
tered any order, registration certificate, or other paper issued by
the Authority if the purpose of such reproduction or alteration is
to evade or violate any provision of the Regulations of this Author-
ity, or any other law.
-105-
-------
(2.0) SECTION 1.23 DISPLAY OF ORDERS, CERTIFICATES AND OTHER NOTICES:
REMOVAL OR MUTILATION PROHIBITED
(a) Any order, or registration certificate required to be obtained by
the Regulations of this Authority, shall be available on the pre-
mises designated on the order or certificate.
(b) In the event that the Authority requires a notice to be displayed,
it shall be posted. No person shall mutilate, obstruct or remove
any notice unless authorized to do so by the Board.
(2.0) SECTION 1.25 SERVICE OF NOTICE
(a) Service of any written notice required by the Regulations of this
Authority shall be made on the owner or lessee of equipment, or
his agent, as follows:
(1) Either by mailing the notice in a prepaid envelope directed
to the owner or lessee of the equipment, or his agent, at
the address listed on his application or order or registra-
tion certificate or at the address where the equipment is
located, by United States Certified Mail, return receipt
requested; or
(2) By leaving the notice with the owner or lessee of the equip-
ment, or his agent, or if the owner or lessee is not an in-
dividual, with a member of the partnership or other group
concerned, or with an officer or managing agent of the
corporation.
(b) Service of any written notice required by the Regulations of this
Authority shall be made on the Authority as follows:
(1) Either by mailing the notice in a prepaid envelope directed
to the Authority at its office by United States Certified
Mail, return receipt requested; or
(2) By leaving the notice at the Authority office with an employ-
ee of the Authority.
\
(2.0) SECTION 1.27 SEPARABILITY
If a provision of the Regulations of this Authority is declared unconsti-
tutional or the application thereof to any person or circumstance is
held invalid, the constitutionality or validity of every other provision
of the Regulations of this Authority shall not be affected thereby.
-106-
-------
(15.0) SECTION 1.29 PENALTY
(a) Any person who violates any provision of the Regulations of this
Authority shall be guilty of a gross misdemeanor and upon convic-
tion thereof shall be punished by a fine of not less than One Hun-
dred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00)
or by imprisonment for a term of not more than (1) year or by both
fine and imprisonment for each separate violation. Each day upon
which such violation occurs shall constitute a separate violation.
(b) The Control Officer shall be empowered by the Board to sign offi-
cial complaints or issue citations or initiate court suits or use
other legal means to enforce the provisions of the Regulations of
this Authority.
(15.0) SECTION 1.30 CIVIL PENALTY
In addition to or as an alternate to any other penalty provided by law,
any person who violates any of the provisions of Chapter 70.94 RCW or
any of the rules and regulations of the Authority shall incur a penalty
in the form of a fine in an amount not to exceed two hundred fifty dollars
per day for each violation. Each such violation shall be a separate and
distinct offense, and in case of a continuing violation each day's con-
tinuance shall be a separate and distinct violation.
Each act of commission or omission which procures, aids or abets in the
violation shall be considered a violation under the provisions of this
section and subject to the same penalty. The penalty shall become due
and payable when the person incurring the same receives a notice in
writing from the Control Officer of the Authority describing the viola-
tion with reasonable particularity and advising such person that the
penalty is due unless a request is made for a hearing to the State Hear-
ing Board. If the amount of such penalty is not paid to the Authority
within thirty days after receipt of notice imposina the same and a reauest
for a hearing has not been made, the attorney for the Authority, upon the
request of the Control Officer, shall bring an action to recover such
penalty in the Superior Court of the county in which the violation occurred.
All penalties recovered under this section by the Board shall be paid into
the treasury of the Authority and credited to its funds.
(15.0) SECTION 1.31 ADDITIONAL ENFORCEMENT
Notwithstanding the existence or use of any other remedy, whenever any
person has engaged in, or is about to engage in, any acts or practices
which constitute or will constitute a violation of any provisions of the
Regulations of this Authority, or any rule, regulation or order issued
by the Board or the Control Officer or his authorized agent, the Board,
after notice to such person and an opportunity to comply, may petition
-107-
-------
either the State Hearing Board or the superior court of the county where-
in the violation is alleged to be occurring or to have occurred, for a
restraining order or a temporary or permanent injunction or another appro-
priate order.
(1.0) SECTION 1.33 GENERAL DEFINITIONS
Unless a different meaning is plainly required by the context, the follow-
ing words and phrases as hereinafter used in the Regulations of the North-
west Air Pollution Authority shall have the following meanings.
(a) Agricultural Operation - The growing of crops, the raising of fowl,
animals or bees as a gainful occupation.
(b) Air Contaminant - Means dust, fumes, mist, smoke, other particulate
matter, vapor, gas, odorous substance, or any combination thereof.
(c) Air Pollution - Is presence in the outdoor atmosphere of one or more
air contaminants in sufficient quantities and of such characteristics
and duration as is, or is likely to be, injurious to human health,
plant, or animal life, or property; or which unreasonably interfere
with enjoyment of life and property.
(d) Air Quality Objective - The concentration and exposure time of a
contaminant or multiple contaminants in the ambient air below which,
according to available knowledge, undesirable effects will not occur.
(e) Air Quality Standard - An established concentration, exposure time
and frequency of occurrence of a contaminant or multiple contaminants
in the ambinet air which shall not be exceeded.
(f) Alteration - Any addition to or enlargement or replacement of; or
any major modification or change of the design, capacity, process
or arrangement, or any increase in the connected loading of, equip-
ment or control facility which will significantly increase or ad-
versely affect the kind or amount of air contaminant emitted.
(g) Ambient Air - The air that surrounds the earth excluding the general
volume of gases contained within any building or structure.
(h) Authority - Northwest Air Pollution Authority.
(i) Board - Board of Directors of the Northwest Air Pollution Authority.
(j) Combustion Equipment - Any device which includes a chamber where com-
bustion takes place and for which a flue, vent, or chimney is required
for the venting of the products of combustion from a boiler, furnace,
incinerator, stove, heater, industrial furnace, etc.
-108-
-------
(k) Complainant - Any person who files a complaint.
(1) Control Facility - Includes any treatment works, control devices
and disposal systems, machinery, equipment, structures, property
or any part of accessories thereof, installed or acquired for the
primary purpose of reducing, controlling, or disposing of industrial
waste which, if released to the outdoor atmosphere could cause air
pollution.
(m) Control Officer - Air Pollution Control Officer of the Northwest
Air Pollution Authority.
(n) Daylight Hours - The hours between official sunrise and official
sunset.
(o) Emission - The act of releasing into the atmosphere an air contam-
inant or a gas stream which contains or may contain an air contam-
inant; or the material released to the atmosphere.
(p) Emission Point - The location (place in horizontal plane and verti-
cal elevation) at which an emission enters the atmosphere.
(q) Emission Standard - Limitation on the release of a contaminant or
multiple contaminants to the ambient air.
(r) Equipment - Any stationary or portable device or any part thereof
capable of causing the emission of any air contaminant into the
atmosphere or ambient air.
(s) Fire Chief - A state, county or city fire marshal, city fire chief;
chief of each County Fire Protection District or authorized forestry
officials from Washington State Department of Natural Resources.
(t) Fuel Burning Equipment - Any equipment, device, or contrivance, used
for the burning of any fuel, and all appurtenances thereto, includ-
ing ducts, breachings, 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.
(u) Incinerator - A furnace for the destruction of waste.
(u-1) Input Heat Capacity - In the maximum actual or design heat capacity,
whichever is greater, stated in BTU/hr generated by a source.
(v) Installation - The placement, assemblage or construction of equip-
ment or control facility at the premises where the equipment or
control facility will be used, and includes all preparatory work at
such premises.
-109-
-------
(w) Land Clearing Operations - The removal of trees, brush, grass, and
buildings for disposal on the site in preparation for a land im-
provement or construction project as distinguished from a forest
harvest operation.
(x) Multiple Chamber Incinerator - Any incinerator consisting of two or
more combustion chambers in series, employing adequate design para-
meters necessary for maximum combustion of the material to be burned.
(y) Odor - That property of a substance which allows its detection by
the sense of smell.
(z) Opacity - Opacity means the degree to which an emission reduces the
transmission of light and obscures the view of an object in the
background.
(aa) Outdoor Fire - A fire where any material is burned in the open, in
receptacle other than a furnace, incinerator, or other equipment
connected to a stack or chimney.
(bb) Owner or Agent - Includes the person who leases, supervises or oper-
ates the equipment or control facility.
(cc) Particulate Matter - Small discrete masses of liquid or solid, ex-
clusive of uncombined water.
(dd) Person - Means and includes an individual, firm, public or private
corporation, association, partnership, political subdivision, muni-
cipality or government agency.
(dd-1) Plant Source - Any person operating a process or group of processes
at a single geographic location, regardless of the number of emis-
sion points, will constitute an emission as if they were from a
single source.
(ee) Portable Equipment - Equipment designed to be transported from
place to place for temporary operation.
(ee-1) Process - A physical and/or chemical modification or treatment of a
material from its previous state or condition.
(ff) Refuse - Putrescible and non-putrescible solid wastes including
garbage, rubbish, ashes, dead animals, abandoned automobiles, solid
market wastes, street cleanings, and industrial wastes (including
waste disposal in industrial salvage).
(gg) Refuse Burning Equipment - Equipment designed to burn (refuse)
waste material, scrap or combustion remains.
(hh) Reid Vapor Pressure - That pressure as determined according to
American Society for Testing and Materials method, ASTM - D323-58.
-110-
-------
(ii) Ringelmann Smoke Chart - Means the Ringelmann Smoke Chart with in-
struction for use, as published by the United States Bureau of
Mines Information Circular 7718, May 1967.
(jj) Rubbish - Includes non-putrescible solid wastes, including ashes
and consisting of both combustible and non-combustible wastes such
as paper, cardboard, yard clippings, wood, glass, cans, bedding,
household articles and similar materials.
(kk) Smoke - Gas borne particulate matter in sufficient numbers to be
observable.
(11) Stack - Duct, chimney, flue, conduit, or opening arranged for the
emission into the outdoor atmosphere of air contaminants.
(mm) Standard Cubic Foot of Gas - 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 at a pressure of 14.7 P.S.I.A. and
a temperature of 60 degrees F.
(nn) State Act - Washington Clean Air Act (RCW 70.94) and Chapter 62,
Laws of Washington, 1970 Extraordinary Session.
(oo) State Department - Washington State Department of Ecology.
(pp) Suspended Particulates - Those airborne particulates collected on
8" x 10" sheets of flash-fired glass fiber filter web of given
porosity using a high-volume air sampler in the manner adopted by
the TR-2 Air Pollution Measurements Committee and published in
JAPCA 17:1 (1967).
(2.0) SECTION 1.35 ADOPTION OF STATE LAW
All provisions of State law as it now exists or may be hereafter amended,
which is pertinent to the operation of the Authority is hereby adopted
by reference and made a part of the regulations of this Authority.
Specifically, there is adopted the Washington State Clean Air Act (RCW
70.94), the Administrative Procedures Act (RCW 34.04), and Chapter 62,
Laws of Washington 1970 (Second Ex. Sess.).
-in-
-------
CHAPTER II
AMBIENT AIR QUALITY OBJECTIVES
(2.0) SECTION 2.01 FOREWORD
(a) Ambient air quality objectives are not to be confused with air
quality standards, but are goals to be strived for. They are
intended to describe a level of air quality which will:
(1) Not degrade human health and safety.
(2) Avoid injury to plant and animal life and property.
(3) Be consistent with the economic and social well being of the
area.
(b) Objectives are designed to serve as a guide:
(1) For the development of ambient and emission standards
(2) In the preparation of long- and short-range objectives for
ambient and emission standards, and
(3) For the selection of air pollution control measures for
existing and planned facilities which could create air pollu-
tion.
(c) The adopted objectives are not intended to represent the ultimate
in air quality achievement. As evidence accumulates on the effects
of contaminants, and as new and/or revised sampling and analytical
procedures become available, present objectives and procedures may
be revised and/or additional objectives and procedures may be estab-
lished.
(2.0) SECTION 2.03 AMBIENT AIR QUALITY AREAS
(a) Air pollution potentials vary within the jurisdiction of the Author-
ity with varying degrees of social and economic development. These
factors in combination with topographic and meteorological elements
tend to accentuate or reduce emission effects.
(b) The ambient air quality goals are defined for three areas within
the jurisdiction of the Authority.
Area 1 - predominantly used for timber and agricultural crops,
farming and recreation. Habitation and industry sparse.
-112-
-------
Area 2 - dwelling units, small farms, commercial and office build-
ings and stores.
Area 3 - primarily light and heavy industry.
(c) The Authority shall receive within 360 days of the adoption of
these objectives the delineation of the areas within the jurisdic-
tion of the Authority.
(4.0) SECTION 2.05 AMBIENT AIR QUALITY OBJECTIVES
Area
Particulates 1 2 3
2
Suspended particulates (mg/m )
Sampling period - 24 hours
50% of annual values less than 0.040 0.050 0.065
84% of annual values less than 0.060 0.075 0.100
p
Settleable particulates (mg/cm /mo)
Sampling period - 30 days
50% of annual values less than 0.30 0.45 0.60
84% of annual values less than 0.35 0.55 1.20
Sulfur Dioxide (ppm by volume)
Sampling period - 24 hours
50% of annual values less than 0.1 0.1 0.15
Sampling period - one hour
95% of annual values less than 0.25 0.30 0.40
Sulfuric Acid Mist (mg/m3)
Sampling period - 24 hours
50% of annual values less than 0.1 0.1 0.15
Hydrogen Sulfide (ppm by volume)
Sampling period - 2 hours
50% of annual values less than 0.04 0.06 0.10
Total Oxidants (ppm by volume)
Sampling period - one hour
50% of annual values less than 0.1 0.15 0.15
Fluorides (ppm by volume as HF)
Sampling period - 24 hours
50% of annual values less than 0.001 0.001 0.002
-113-
-------
Smoke - The ambient air shall not contain visible smoke which is incon-
sistent with the economic or social well-being of the community or which
will prevent enjoyment and use of property. The ambient air shall not
contain dispersed materials in an amount such that the Coefficient Of
Haze will exceed 0.5 COH's per one thousand (1000) linear feet of air.
The degree of haze present in the ambient air shall be referred to as
the Soiling Index.
Odorous Substances - The ambient air shall not contain odorous substances
in such concentrations or of such duration as will threaten health or
safety or prevent the enjoyment and use of property.
Radioactive Substances - The ambient air shall not contain any radio-
active substances in concentrations which are deleterious, either
directly or indirectly, to human health or which affect the economic or
social well-being of the community.
Other Toxic or Deleterious Substances - The ambient air shall not contain
toxic or deleterious substances, in addition to those specifically listed
in these objectives, in concentrations and durations which have been
demonstrated to adversely affect human health well-being, or unreasonably
and adversely affect plant or animal life.
SAMPLING AND ANALYTICAL METHODS
1. Suspended Particulates - "Recommended Standard Method for Atmospheric
Sampling of Fine Particulate Matter by Filter Media - High Volume
Sampler" TR-2 Air Pollution Measurements Committee JAPCA 17:1
(January 1967).
2. Settleable Particulates - The procedure adopted by the Oregon-Wash-
ington Air Quality Committee. October 1968.
3. Sulfur Dioxide - (a) "Fixation of Sulfur Dioxide as Disulfitomer-
curate (II), Subsequent Colorimetric Estimation" West, P.W., Gaeke,
G.C. Anal. Chem. 28: 1816 (1956).
4. Sulfuric Acid Mists - In preparation.
5. Hydrogen Sulfide - Jacobs, et al, Analytical Chemistry 29:1349
(1957) with the Adams cadmium hydroxide - Stractan modification.
6. Oxidants - In preparation.
7. Fluorides - In preparation.
-114-
-------
(2.0) SECTION 2.07 APPLICATION OF OBJECTIVES
(a) The Authority may employ any reasonable method or combination of
methods such as area sampling, source sampling, emission evaluation
and assessment of source contribution and effect.
(b) Consistent with Section 2.01 (a), of this Regulation, it is the in-
tent of the Authority to establish emission standards such that
emissions in one area will not contravene the objectives in another
area.
-115-
-------
REGULATION 2
CHAPTER I
CONTROL PROCEDURES
(2.0) SECTION 1.01 SHORT TITLE
This Regulation may be known and cited as "Regulation 2 of the Northwest
Air Pollution Authority".
(3.0) SECTION 1.03 REGISTRATION REQUIRED
All air contaminant sources within the jurisdiction of the Authority shall
be registered with the Authority within 180 days of the effective date of
this Regulation except any of the air contaminant sources which are listed
in Exhibit "A", which is attached hereto and made a part hereof, as now
constituted or as hereafter amended.
(2.0) SECTION 1.04 APPROVAL TO OPERATE REQUIRED
Before any article, machine, equipment, facility or other contrivance, the
use of which may cause emission of air contaminants, may be operated or
used, it must first be registered with this Authority and a written appro-
val to operate secured from the Control Officer, unless specifically ex-
cluded by Regulation II, Section 1.03 - Exhibit A. An initial registra-
tion shall be made and shall expire on December 31 of the calendar year
in which issued. At least thirty (30) days prior to the expiration of
the registration the registrant shall make application for renewal of the
registration, an application for registration shall be submitted to the
Control Officer on forms provided by the Authority. Registrant shall
submit with the application such data as the Control Officer may reason-
ably require.
(3.0) SECTION 1.05 GENERAL REQUIREMENTS FOR REGISTRATION
(a) Registration of an installation shall be made by the owner or lessee
of the source, or his agent, on forms furnished by the Authority.
The owner of the source shall be responsible for registration and
the correctness of the information submitted.
-116-
-------
(b) A separate registration shall be required for each source of con-
taminant; provided that an owner has the option to register a pro-
cess with a detailed inventory of contaminant sources and emissions
related to said process, provided further that, an owner need not
make a separate registration for identical units of equipment or
control facility installed, altered or operated in an identical
manner on the same premises.
(c) Each registration shall be signed by the owner or lessee, or the
agent for such owner or lessee.
EXHIBIT "A"
LIST OF EXCLUSIONS ADOPTED
BY THE BOARD AND ATTACHED AS ADDENDUM
Exclusion from registration does not absolve the owner, lessee, or agent
from all other requirements of the Regulations of this Authority.
1. Air conditioning or ventilating systems not designed to remove air
contaminants generated by or released from equipment.
2. Asphalt laying equipment.
3. Atmosphere generators used in connection with metal heat treating
processes.
4. Blast cleaning equipment which uses a suspension of abrasive in
liquid water.
5. Foundry sand mold forming equipment, unheated.
6. Fuel burning equipment, other than smoke house generators, which:
(i) is used solely for a private dwelling serving less than
five families;
(ii) has a BTU input of not more than 400,000 BTU per hour.
7. Fumigation vaults.
8. Insecticide spray equipment, non-commercial.
9. Internal combustion engines, including gas turbine and jet engines.
-117-
-------
10. Laboratory equipment used exclusively for chemical or physical
analyses.
11. Laundry driers, extractors or tumblers used exclusively for the
removal of water from fabric.
12. Routing, turning, carving, cutting and drilling equipment used for
metal, wood, plastics, rubber, leather or ceramics.
13. Portable equipment which is used within the jurisdiction of the
Authority for less than 60 days.
14. Sewing equipment.
15. Surface coating by use of aqueous solution or suspension.
16. Steam cleaning equipment used exclusively for that purpose.
17. Storage tanks, reservoirs, or containers:
(i) Of a capacity of 6,000 gallons or less used for organic
solvents, dilutents or thinners.
(ii) Of a capacity of 65,000 gallons or less, in the aggregate,
used for liquid fuels including gasoline, lubricating oils,
tallow, vegetable oil, or wax emulsions.
(iii) Containing liquids whose vapor pressure is equal to or less
than 1.5 psia (78mm) at 100°F (38°C).
(iv) Containing liquid organic mixtures whose Reid Vapor Pressure
is equal to or less than 1.5 Ibs.
(v) Containing liquids which are not vented to the atmosphere.
18. Vacuum producing devices used in laboratory operations, and vacuum
producing devices which do not remove or convey air contaminants
from or to another source.
19. Vents used exclusively for:
(i) Sanitary or storm drainage systems; or
(ii) Safety valves; or
(iii) Storage tanks; or
(iv) Non-toxic and non-inflammable gases.
-118-
-------
20. Washing or drying equipment used for products fabricated from metal
or glass, if no volatile organic material is used in the process.
21. Water cooling towers, cooling ponds, and barometric condensers.
22. Welding, brazing or soldering equipment.
(2.0) SECTION 1.Q7 NOTICE OF CONSTRUCTION - WHEN REQUIRED
(a) No person shall construct, install or establish a new air contami-
nant source, except those sources excluded in Exhibit "A" of
Section 1.05 of this Regulation, without first filing with the
Authority a "Notice of Construction and Application for Approval",
on forms prepared and furnished by the Authority, provided that,
for the purposes of Section 1.07 through 1.17 of this Regulation,
alterations shall be construed as construction or installation or
establishment of a new air contaminant source.
(b) A Notice of Construction and Application for Approval shall not be
required to commence an alteration of equipment or control facility
in the event of breakdown or if delaying the alteration may endan-
ger life or have other serious consequences. The Authority shall be
notified in writing of the alteration on the first working day after
the alteration is commenced and A Notice of Construction and Appli-
cation for Approval shall be filed within fourteen (14) days after
the alteration is commenced.
(c) A separate Notice and Application shall be submitted for each unit
of equipment or control facility, unless identical units of equip-
ment or control facility are to be installed, constructed or estab-
lished in an identical manner on the same premises; provided that
said identical units may as a group, be listed on one application
but that identical units subsequently added shall require separate
Notice and Application; provided also that, the owner has the option
to g>ve notice and apply for approval of a process with a detailed
inventory of contaminant sources and emissions related to said
process.
(3.0) SECTION 1.Q9 INFORMATION REQUIRED FOR NOTICE OF CONSTRUCTION AND
APPLICATION FOR APPROVAL
(a) Each Notice of Construction and Application for Approval for the
construction, installation or establishment of a new air contami-
nant source as described above shall be accompanied by two sets of
plans which show and describe the equipment and control facility,
its location and function.
-119-
-------
(b) The proposed means for the prevention or control of the emissions
of air contaminants.
(c) Each Notice of Construction Application for Approval shall be signed
by the applicant or owner who may be required to submit evidence of
his authority.
(d) The Board or Control Officer may request additional reasonable in-
formation, evidence or documentation to show that the proposed
equipment or control facility will meet the emission standards as
now or hereinafter set by the Board.
(2.0) SECTION 1.11 ISSUANCE OF APPROVAL OR ORDER
(a) Within thrity (30) days of receipt of Notice of Construction and
Application for Approval, and with the supporting information and
data necessary for determination of probable compliance as indi-
cated in Section 1.11 (b) of this Regulation, the Board or Control
Officer shall issue an Approval of Construction or an Order that
the construction, installation or establishment of a new air con-
taminant source will not be in accord with the applicable emission
standards as are in effect at the time of filing the Notice of
Construction and Application for Approval.
(b) No approval will be issued unless the information supplied as
required by Subsection 1.09 (a) of this Regulation evidences to
the Board or Control Officer that:
1. The equipment is designed and will be installed to operate
without causing a violation of the emission standards.
2. The equipment incorporates advances in the art of air pollu-
tion control developed for the kind and amount of air con-
taminant emitted by the equipment.
3. Equipment having a stack or duct three feet or more in dia-
meter will be provided with:
(i) Sampling ports of a site, number and location as the
Authority may require; and
(ii) Safe access to each port; and
(iii) Such other reasonable sampling and testing facilities
as the Board or Control Officer may require.
4. Fuel burning equipment and refuse burning equipment will
achieve optimum combustion of fuel or refuse material to be
burned.
-120-
-------
5. All parts of the equipment can be readily cleaned or repaired.
(c) If the Board or Control Officer determines that the construction,
installation or establishment of a new air contaminant source will
not meet the emission standards, the Board or Control Officer shall,
within thirty (30) days of the receipt of the Notice and Applica-
tion, issue an Order for the prevention of the construction, in-
stallation 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
references to the emission standards that will not be met
by the proposed construction, installation or establishment;
3. The Order shall be signed by the Control Officer or his
authorized representative.
(d) Any Order issued pursuant to this section shall become final unless,
no later than fifteen (15) days after the date the Order is served
pursuant to Section 1.25 of Regulation 1, the owner or applicant
petitions for a reconsideration of the Order with reasons for the
reconsideration.
1. The Board or Control Officer shall consider the petition,
and shall within thirty (30) days of receipt of the infor-
mation required in Section 1.11 (b-) of this Regulation, 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 be disapproved,
the owner or applicant may petition the State Hearing Board
within thirty (30) days after receipt of the notice of dis-
approval .
(e) Failure to issue such an order or approval within the time pre-
scribed herein shall be deemed a determination that the construc-
tion, installation or establishment may proceed, provided that it
is in accordance with the plans, specifications or other informa-
tion, if any, required to be submitted. Such failure, however,
shall not relieve any person from his obligation to comply with
any emission control requirement, or with any other provision of
law.
-121-
-------
(2.0) SECTION 1.13 NOTICE OF COMPLETION - ORDER OF VIOLATION
(a) The owner or applicant shall notify the Board or Control Officer
of the completion of construction, installation or establishment
and the date upon which operation will commence. The Board or
Control Officer shall, within thirty (30) days of receipt of
notice of completion, inspect the construction, installation or
establishment, and the Board or Control Officer may issue an Order
of Violation if he finds that the construction, installation or
establishment is not in accord with the plans, specifications or
other information submitted to the Authority, and will be in vio-
lation of the emission standards in existence at the date the order
was issued.
(b) Upon receipt of an Order of Violation, the owner may appeal said
order in accordance with the provisions and procedures of Section
1.13, 1.15, and 1.17 of Regulation 1.
(c) The issuance of approval as provided by Sections 1.07 through 1.15
of this Regulation, shall not relieve the owner of the obligation
to comply with the emission standards as adopted by this Authority,
or prevent the Board or Control Officer from issuing such orders
as provided by Section 1.11 of Regulation 1.
(9.0) SECTION 1.14 . TESTING AND SAMPLING
(a) Any person operating or using any article, machine, equipment or
other contrivance for which these regulations require registration
shall provide and maintain such sampling and testing facilities as
specified in the approval to construct or the registration to
operate.
(b) Before an approval to construct or a registration to operate is
granted, the Control Officer may require the owner or applicant to
provide and maintain such facilities as are necessary for sampling
and testing purposes in order to secure information that will dis-
close the nature, extent, quality or degree of air contaminants
discharged into the atmosphere from the article, machine, equip-
ment or other contrivance described in the notice of construction,
or application for registration to operate. In event of such a
requirement, the Control Officer shall notify the applicant in
writing of the required size, number and location of sampling ports;
the size and locati-on of the sampling platform; and the utilities
for operating the sampling and testing equipment. The platform,
access, and utilities shall be constructed and maintained in accord-
ance with the Rules and Regulations of the State Department of
Labor and Industries and other applicable State and Local regula-
tions, rules and ordinances.
-122-
-------
(c) Any person operating a registered air contaminant source may,
at any time, be required to monitor the ambient air or conduct
emission tests as deemed necessary by the Control Officer under
the following provisions:
(1) The Board or Control Officer may require any person operating
any source to conduct a monitoring program on site or adjacent
off site for emissions, ambient air concentrations or any
other pertinent special studies deemed necessary.
(2) All monitoring data shall be submitted in a form which the
Board or Control Officer may require. Averaging time and
collection periods will be determined by the Control Officer.
(3) All data and records shall be kept for a period of at least
one year and made available to the Control Officer at his
request.
(4) All instruments used in making any studies shall be calibrated
and maintained using a procedure approved by the Control
Officer.
(5) The Control Officer may take such samples and make any tests
and investigations he feels are necessary to determine the
accuracy of the monitoring reports and tests submitted to
the Authority, and the competence of the persons conducting
the monitoring program. He may also require the owner or
operator to take a sample at a time and place designated and
test such sample using an approved procedure and submit the
results thereof within a reasonable period of time.
(6) The Board or the Control Officer may require additional
monitoring be undertaken at any reasonable time to insure
compliance with these regulations.
(2.0) SECTION 1.15 CONDITIONAL APPROVAL
The owner or applicant may request a conditional approval for an
experimental installation, construction or establishment and said
approval may be issued by the Board or Control Officer if it appears
to the Board or Control Officer, from all submitted information that
the installation, construction or establishment when completed will
satisfy the emission standards adopted by the Board. Conditional
approval shall be limited to one year maximum and may be renewed by
application to the Board or Control Officer.
-123-
-------
(2.0) SECTION 1.16 TRANSFER
A registration, approval to construct, operate or use any article,
machine, equipment facility or other contrivance, the use of which may
cause emission of air contaminants, shall not be transferable, whether
by operation of law or otherwise, either from one location to another,
from one piece of equipment to another, or from one person to another.
(5.0) SECTION 1.17 VARIANCES
(a) Any person who owns or is in control of any plant, building,
structure establishment, process or equipment including a group
of persons who owns or controls like processes or like equipment
may apply to the Board for a variance from rules or regulations
governing the quality, nature, duration or extent of discharges
of air contaminants. The application shall be accompanied by
such information and data as the Board may require. The Board
may grant such variance, but only after public hearing or due
notice, if it finds that:
(1) The emissions occurring or proposed to occur do not endanger
public health or safety; and
(2) Compliance with the rules or regulations from which variance
is sought would produce serious hardship without equal or
greater benefits to the public.
(b) No variance shall be granted pursuant to this section until the
Board has considered the relative interests of the applicant,
other owners or property likely to be affected by the discharges,
and the general public.
(c) Any variance or renewal thereof shall be granted within the require-
ments.of subsection (a) and for time periods and under conditions
consistent with the reasons therefore, and within the following
limitations:
(1) If the variance is granted on the ground that there is no
practicable means known or available for the adequate preven-
tion, abatement or control of the pollution involved, it
shall be only until the necessary means for prevention,
abatement or control become known and available, and subject
to the taking of any substitute or alternate measure that
the Board may prescribe.
(2) If the application for variance shows that there is no
automobile fragmentizer in the state within a reasonable
distance of the wrecking yard for which the variance is
sought, a variance will be granted for a period not to
exceed three years for commercial burning of automobile
-124-
-------
hulks, subject to such conditions as the Board may impose
as to climatic conditions and hours during which burning of
such hulks may be carried out; PROVIDED HOWEVER, that any
variance granted hereunder shall be of no force and effect
after July 1, 1970.
(3) If the variance is granted on the ground that compliance
with the particular requirements or requirement from which
variance is sought will require the taking of measures which,
because of their extent or cost, must be spread over a
considerable period of time, it shall be for a period not
to exceed such reasonable time as, in the view of the Board
is requisite for the taking of the necessary measures. A
variance granted on the ground specified herein shall contain
a timetable for the taking of action in an expeditious manner
and shall be conditioned on adherence to such timetable.
(4) If the variance is granted on the ground that it is justified
to relieve or prevent hardship of a kind other than that
provided for in items 1., 2., and 3. of this subparagraph,
it shall be for not more than one year.
(d) Any variance granted pursuant to this section may be renewed
on terms and conditions and for periods which would be appropriate
on initial granting of a variance. If complaint is made to the
Board on account of the variance, no renewal thereof shall be
granted unless, following a public hearing on the complaint on
due notice, the Board finds that renewal is justified. No renewal
shall be granted except on application therefor. Any such
application shall be made at least sixty (60) days prior to the
expiration of the variance. Immediately upon receipt of an
application for renewal, the Board shall give public notice of
such application in accordance with rules and regulations of the
Board.
(e) A variance or renewal shall not be a right of the applicant or
holder thereof but shall be at the discretion of the Board.
However, any applicant adversely affected by the denial or the
terms and conditions of the granting of an application for a
variance or renewal of a variance by the Board may obtain
judicial review thereof under the provisions of Chapter 34.04
RCW as now or hereafter amended.
(f) Nothing in this section and no variance or renewal granted pursuant
hereto shall be construed to prevent or limit the application of
the emergency provisions and procedures of RCW 60, 94.415 to any
person or his property.
-125-
-------
CHAPTER II
EMISSION STANDARDS
(2.0) SECTION 2.01 INTRODUCTION
(a) The Authority recognizes the need for accurate source data when
attempting to correlate ground-level concentrations with source
emissions, or when calculating the expected ground-level concentra-
tions.
(b) Since accurate determination of the required source data is a
complex process, procedures for obtaining such data should be
developed from the source regulations set forth herein and those
in prospect.
(c) In exercising judgement regarding possible ground-level concentra-
tions from stack emission data, three desirable elements are:
(1) source emission rate data obtained by actual measurement
(2) a mathematical model of the community diffusion situation
and,
(3) values for parameters of the model
(d) The Authority shall investigate methods of analysis and standards
incorporating new developments in the state of the art of measure-
ment and control.
(e) The Authority shall develop guidelines for emission standards for
pollutants presently not being emitted in the area of jurisdiction
to serve as guides for industries considering locating here. These
are to be based on the best experience elsewhere in the nation and
consistent with latest technological achievements.
(50.1.2) SECTION 2.05 EMISSION OF AIR CONTAMINANT: VISUAL STANDARD
(a) It shall be unlawful for any person to cause or allow the emission
of any air contaminant for a period or periods aggregating more
than three (3) minutes in any one hour, which is:
(1) Darker in shade than that designated as No. 2 (40% density)
on the Ringlemann Chart: or
(2) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subsection
-125-
-------
205 (a) (1); provided that 2.05 (a) (2) shall not apply
when the particulate emission is not greater than 0.1
grain per standard cubic foot (229 milligrams per standard
cubic meter) of exhaust gas except as otherwise provided by
specific process emission restrictions adopted by the State
Board or this Authority.
(b) It shall be unlawful for any person to cause or allow the emission
of any air contaminant from equipment installed subsequent to the
effective date of the Regulations of this Authority for a period
aggregating more than three (3) minutes in any one hour, which is
as dark or darker than that designated as No. 1 (20% density)
on the Ringlemann Chart.
(c) The only exceptions to 2.05 (a) and 2.05 (b) shall be as follows:
(1) When an emission occurs due to soot blowing or to conditions
beyond the control of the owner or operator. Subject to the
determination and concurrence of the Control Officer the
emission may be darker than that designated as No. 2 (40%
density) on the Ringlemann Chart for a period of not more
than fifteen (15) minutes in any 8-hour period; provided that,
the operator shall take immediate action to correct the
condition; provided further that, the operator will be
allowed one (1) hour in any 24-hour period during start-up
operations.
(2) In the event of periodic shutdowns, or unavoidable failure
or breakdown of any equipment or device or other circumstances
beyond the control of any person owning or operating such
equipment, including necessary shutdowns of smoke abatement
or dust collection equipment for purposes of maintenance or
repair, which tends to produce unlawful emissions of smoke
particulate or other matter, provided that the owner or
operator, subject to the determination and concurrence of
the Control Officer, of such equipment or process shall
immediately notify the Authority of such shutdown, failure,
breakdown or other circumstances, together with the pertinent
facts relating thereto and a statement of the date upon which
the condition will be rectified and shall proceed forthwith
to rectify the condition, and shall also report to the
Control Officer when such defect has been removed and when
such periodic shutdown is over.
(d) The density or opacity of an air contaminant shall be measured at
the point of its emission, except when the point of emission
cannot be readily observed, it may be measured at an observable
point on the plume nearest the point of emission.
-127-
-------
(e) This section shall not apply when the presence of uncombined water
is the only reason for the failure of the emission to meet the
requirements of this section.
(f) This section shall not apply to motor vehicles, aircraft, or
fires specifically excluded in Section 2.03 of this Regulation,
but shall apply to subsection (b), Section 2.03 of this Regulation.
(51.9) SECTION 2.07 INCINERATOR BURNING
It shall be unlawful for any person to burn any refuse in any incinerator
within the boundaries of the Authority except in a multiple chamber
incinerator as defined in Section 1.33, Regulation 1, and provided with
an emission control facility, or in equipment found by the Control
Officer in advance of such use to be equally effective for the purpose
of air pollution control.
(51.13) SECTION 2.09 REFUSE BURNING EQUIPMENT: TIME RESTRICTION
(a) It shall be unlawful for any person to cause or permit the
operation of refuse burning equipment at any time other than
daylight hours of the same day, except with the approval of the
Control Officer.
(b) Approval of the Control Officer for the operation of such equip-
ment may be granted upon the submission of a written request
stating:
(1) The full name and address of the applicant; and
(2) The location of the refuse burning equipment; and
(3) A brief description of the refuse burning equipment and its
control apparatus; and
(4) Good cause for the issuance of such approval; and
(5) The hours, other than daylight hours, during which the
applicant seeks to operate the equipment; and
(6) The length of time for which the exception is sought.
(50.2) SECTION 2.11 EMISSION OF SULFUR COMPOUNDS
(a) It shall be unlawful for any person to cause or permit the emission
of sulfur dioxide from any premises which will result in concentra-
tions and frequencies at ground level that exceed those shown in
Table 1.
-128-
-------
(b) It shall be unlawful for any person to cause or permit the
emission of air contaminants from any equipment if the air
contaminants emitted as measured in the stack contains sulfur
compounds, calculated as sulfur dioxide, of more than fifteen
hundred (1500) parts per million, except as otherwise provided
by a specific emission restriction adopted by this Authority
and/or the Washington State Department of Ecology. For the
purpose of this Section, all sulfur present in gaseous compounds
containing oxygen shall be deemed present as sulfur dioxide.
(c) Emissions of sulfur compounds calculated to be in excess of
2,000 parts per million of sulfur dioxide at any emission point
shall not constitute a violation of Section 2.11 (b) of this
Regulation, provided such person responsible for the emissions
provides reasonable evidence that such emissions will not cause
ground-level concentrations on adjacent property to exceed the
values indicated in Section 2.11 (a) of this Regulation.
(d) It shall be unlawful for any person to operate a contact type
sulfuric acid plant and cause or allow the following types of
air contaminants to be emitted to the atmosphere in excess of
the following emission rates per ton of sulfuric acid produced:
(1) Twenty (20) pounds of sulfur dioxide tail-gas-emission, and,
(2) One (1.0) pound of sulfuric acid mist, and,
(3) Four tenths (0.4) of a pound of sulfur trioxide.
(e) Each person who operates a contact sulfuric acid plant shall
submit to the Control Officer a monitoring proposal and monitoring
schedule within one hundred and twenty (120) days of the effective
date of this regulation. Each proposal shall include:
(1) At least one continuously recording meteorological station
equipped to record wind speeds and direction as approved
by the Control Officer.
(2) A method of monitoring on a periodic basis the concentration
of the sulfur dioxide-tail-gas passing through the absorber
into the atmosphere. An emission testing program shall be
approved by the Control Officer. Said emission tests shall
be made during normal operations, normal shut-downs, start-
ups and upset conditions of the process.
(f) It shall be unlawful for any person to burn, sell, or make
available for sale for burning in fuel burning equipment, within
the jurisdiction of this Authority, any fuel containing a weight
-129-
-------
of sulfur in excess of that allowed by Subsection 1, 2 and 3
hereof; except as otherwise provided by a specific process
emission restriction adopted by this Authority and/or the
Washington State Department of Ecology for an aggregate period
of time not to exceed thirty (30) days in any twelve (12) month
period:
(1) Distillate fuel oil classified as Grade No. 1 (ASTM Design-
ation: D396-69) shall contain three tenths percent (0.3%) of
less sulfur by weight.
(2) Distillate fuel oil classified as Grade No. 2 ASTM Designation:
D396-69) shall contain five-tenths percent (0.5%) or less
sulfur by weight.
(3) All other grades or kinds of fuel oil intended for use in
fuel oil burning equipment including ASTM Designation: D396-
69 Grades No. 4, 5 and 6 shall contain two percent (2%) or
less sulfur by weight.
TABLE 1
MAXIMUM ALLOWABLE SULFUR DIOXIDE
GROUND-LEVEL CONCENTRATIONS
Concentration* Averaging Time Frequency of Occurrence
1.0 ppm 5 minutes Once in any 8-hour period
0.5 ppm 1 Hour Once in any 4 consecutive
days
0.2 ppm 24 Hours Once in any 30 consecutive
days
*Parts per million by volume:
Emissions exceeding the limits established in this subsection
(a) shall not constitute a violation of Section 2.11 of this
Regulation, provided such emissions, from the emission point
to the point of any such concentration, are on property
controlled by the person responsible for such emissions.
(b) It shall be unlawful for any person to cause or permit the
emission of air contaminant from equipment if the air contam-
inant emitted as measured in the flue contains sulphur
compounds, calculated as sulphur dioxide, of more than 2,000
-130-
-------
parts per million. For the purpose of this Section all
sulphur present in gaseous compounds containing oxygen
shall be deemed to be present as sulfur dioxide.
Tests for determining compliance with Subsection 2.11 (b) of this
Regulation, shall be based on integrated samples collected over a
period of not less than fifteen (15) consecutive minutes or 90 percent
of the time of actual source operation, whichever is less.
(50.2) SECTION 2.12 EMISSION OF SULFUR COMPOUNDS
Weight/Heat Rate Standard
A. It shall be unlawful for any person to cause or allow the emission
of sulfur compounds, calculated as sulfur dioxide, from any source
to exceed the following:
(1) All sources are limited to an emission not to exceed
1.5 pounds of sulfur dioxide per million BTU of input heat
per hour. PROVIDED: That all sources defined as plant
sources shall, between the dates of October 1st. and April 30th
of the succeeding calendar year, be limited to an emission
to not exceed 1.8 pounds of sulfur dioxide per million BTU
of heat input per hour and this proviso shall be of no force
or effect after April 30, 1976.
(2) All sources not defined as plant sources may be exempt
from subsection (1) of this regulation under the following
conditions:
(a) That such exemption is not in excess of thirty (30) days
in the aggregate in any calendar year.
(b) That the owner or operator notify the Control Officer
immediately when such exemption is contemplated, or as
soon as possible after an emergency has occurred, indic-
ating the expected length of time of such exemption and
when normal operations have been resumed.
(c) That the Control Officer or Board may require from the
owner or operator any additional information deemed
necessary to determine the conditions of the proposed
exemption and may impose additional restrictions or
conditions on the exemption if it is determined that
Section 2.11 - Regulation II may be violated and/or
applicable ambient air standards exceeded.
B. All sources defined as plant sources shall submit a proposed
schedule of compliance with this Section within one hundred and
eighty (180) days after the effective date of this Regulation
-131-
-------
providing the following:
(1) Compliance with this section shall in no event be later than
July 1, 1974.
(2) The heat capacity of the entire plant source, the average
heat output and the capacity and normal operating conditions
of each individual source, which shall be submitted, reviewed
and determined annually at a time and using a method deter-
mined by the Control Officer.
(3) Each source shall submit plans in accordance with Section 1.07-
1.13 Rgulation II, in achieving compliance with this Section.
(4) Any new plants or alterations to existing plants shall be
required to use the best available technology which has been
adequately demonstrated to achieve compliance with these
regulations.
(5) The amount of reduction in sulfur compound emission, calcu-
lated as sulfur dioxide, that is expected to be achieved to
bring existing emissions into compliance with this Section.
C. All sources defined as plant sources shall submit a monitoring
proposal and monitoring schedule within one hundred and twenty
(120) days of the effective date of this Regulation. Each proposal
shall include:
(1) At least one recording meteorological station equipped to
record wind speed and direction and located and operated as
approved by the Control Officer. The data shall be capable
of being recorded and interpreted as hourly averages.
(2) The sulfur content and quantity of all materials, gaseous or
liquid, fed to any boilers, furnaces, heaters, flares or any
other facility capable of generating heat, resulting in
emissions to the atmosphere. The sulfur content shall be
expressed in pounds/hour of sulfur dioxide and shall contain
an explanation of how this quantity was actually determined.
(3) The sulfur content and quantity of any other individual source
capable of emitting sulfur to the atmosphere in quantities in
excess of one hundred (100) pounds/day of sulfur compounds
calculated as sulfur dioxide. PROVIDED: that all sources
emitting less than one-hundred (IOC) pounds/day of sulfur
compounds, calculated as sulfur dioxide may be estimated
collectively as a single emission.
-132-
-------
(4) The monitoring proposal complies with provisions of Section
1.14 - Regulation II.
D. All sources with an input heat capacity greater than five hundred
million BTU/hour shall be classified as plant sources.
E.
(1). The total emission of all sources located in that portion of
Sections 2, 3, 4, 5, 9, Township 34 N. and Sections 21, 27,
28, 29, 32, 33, 34, 35 Township 35 N., Range 2 E., Willamette
Meridian, all in Skagit County, Washington and commonly known
as the March's Point heavy industrial area; shall not exceed
seven thousand (7000) pounds per hour of sulfur compounds,
calculated as sulfur dioxide.
(2) When, in his judgment, based upon all available data, the
Control Officer reasonably believes that there exists a
substantial likelihood that this total is likely to be exceeded,
he shall establish additional restrictions on any or all sources
of sulfur compounds in said area to maintain a total emission
of less than seven thousand (7000) pounds per hour.
F. Emission from flares, torches and waste gas burners used by any plant
source subject to this Section shall be governed by the Regulations
set forth in this Section, PROVIDED: that emissions from said sources
that exceed the limits established by the Regulations of this
Authority, shall also be subject to Section 2.21 - Regulation II
"Report of Breakdown" when conditions set forth therein are applicable.
EFFECTIVE DATE: DECEMBER 10, 1971
(50.1) SECTION 2.13 EMISSION OF PARTICIPATE MATTER
It shall be unlawful for any person to casue or permit the emission of
particulate matter if the emission is in violation of Section 2.05 or if
the particulate matter discharged into the atmosphere exceeds the follow-
ing concentration at the point of emission:
(1) From a single existing source, 0.2 grain per standard cubic foot
(458 milligrams per standard cubic meter) of exhaust gas except as
otherwise provided by specific process emission restrictions adopted
by the State Board of this Authority.
(2) From all refuse burning equipment installed subsequent to the
effective date of this amended regulation, 0.10 grain per standard
cubic foot (229 milligrams per standard cubic meter) of exhaust gas.
-133-
-------
(3) From all fuel burning equipment installed subsequent to the
effective date of this amended regulation, 0.05 grain per
standard cubic foot (115 milligrams per standard cubic meter)
of exhaust gas.
(50.6) SECTION 2.15 ODOR CONTROL MEASURES
(a) Effective control facilities and measures shall be installed
and operated to reduce odor-bearing gases or particulate matter
emitted into the atmosphere to a reasonable minimum.
(b) The Board or Control Officer may establish reasonable requirements
that the building or equipment be closed and ventilated in such a
way that all the air, gases and particulate matter are effectively
treated for removal or destruction of odorous matter or other air
contaminants before emission to the atmosphere.
(c) The ambient air shall not contain odorous substances, such as (but
not limited to) hydrogen sulfide, mercaptans, organic sulfides and
other aromatic and aliphatic compounds, in such concentration or
of such duration.as will threaten health or safety or prevent the
enjoyment and use of property.
(50.7) SECTION 2.16 GENERAL NUISANCE
A person shall not discharge from any source whatsoever quantities of
air contaminants in sufficient quantities and of such characteristics
and duration as is or likely to be, injurious or cause damage to human
health, plant or animal life or property; or which unreasonably interfere
with enjoyment of life and property of a substantial number of persons.
(2.0) SECTION 2.17 EMISSION OF AIR CONTAMINANT: CONCEALMENT AND MASKING
(a) It shall be unlawful for any person to willfully cause or permit the
installation or use of any device or use of any means which without
resulting in a reduction in the total amount of air contaminant
emitted, conceals an emission of air contaminant which would otherwise
violate Section 2.05 through 2.15 of this Regulation.
(b) It shall be unlawful for any person to cause or permit the installa-
tion or use of any device or use of any means designed to mask the
emission of an air contaminant which causes detriment to health, safety,
or welfare of any person.
(50.1) SECTION 2.19 PREVENTING PARTICULATE MATTER.FROM BECOMING AIRBORNE
(a) It shall be unlawful for any person to cause or permit particulate
matter to be handled, transported or stored without taking reason-
able precautions to prevent air pollution.
-134-
-------
(b) It shall be unlawful for any person to cause or permit a building or
its appurtenances or a road to be constructed, altered, repaired or
demolished without taking reasonable precautions to prevent air
pollution.
(c) It shall be unlawful for any person to cause or permit untreated
open areas located within a private lot or roadway to be maintained
without taking reasonable precautions to prevent air pollution.
(7.0) SECTION 2.21 REPORT OF BREAKDOWN
Emissions exceeding any of the limits established by the Regualtions of
the Authority as a direct result of unavoidable upset conditions or un-
avoidable and unforseeable breakdown of equipment or control facility
shall not be deemed in violation provided the following requirements are
met:
(a) The upset or breakdown is immediately reported to the Authority.
(b) The person responsible shall upon the request of the Control Officer
submit a full report including the known causes and the preventive
measures to be taken to minimize or eliminate a re-occurrence.
(c) The Control Officer upon investigation concurs that the upset or
breakdown was unavoidable.
(50.7) SECTION 2.23 FLUORIDES
(a) The following standards shall apply to forage:
(1) After sampling on a monthly basis,the yearly average fluoride
content of the forage should not exceed 40 ppm fluoride ion
(ppm F), on a dry weight basis; or be in excess of 60 ppm F
for more than two consecutive months, or in excess of 80 ppm
F for more than one month.
(2) In areas where cattle are not grazed continually but are fed
cured forage, as hay, for part of the year, the fluoride
content of this hay shall be used as the forage fluoride
content for as many months as it is fed to establish the yearly
average. Computation of the yearly average shall take into
consideration periods when cattle may have been grazed outside
the area.
(3) Inasmuch as the standards set forth in paragraph (1) are in-
tended to protect livestock, all forage samples analyzed to
determine compliance with such standards shall be representative
of forage actually consumed by livestock in the area. Also, in
determining compliance in particular cases, consideration shall
-135-
-------
be given to the supplemental food of the livestock involved.
(b) The following standards shall apply to the ambient air:
(1) As gaseous fluoride calculated as HF, by volume
4.5 ppb for 12 consecutive hours
3.5 ppb for 24 consecutive hours
2.0 ppb for 1 calendar week
1.0 ppb for 1 calendar month
(2) Inasmuch as the standards set forth in paragraph (1) are in-
tended to protect vegetation, the ambient air analyzed to
determine compliance with such standards shall be that exist-
ing in the area of the vegetation to be protected.
(c) Forage or air quality levels higher than those specified in para-
graphs (a) and (b) shall be permitted to exist in an area where
unavoidable due to local conditions and where such higher levels do
not or will not be expected to result in significant adverse effects.
Similarly, levels lower than those specified in paragraphs (a) and
(b) shall be maintained in particular cases where significant adverse
effects have occurred or can be expected to occur at the specified
levels.
(d) The sampling and analytical techniques, including the number and
location of sampling sites, used in determining forage and air
quality levels shall be those established by the Authority.
-136-
-------
(5i.i3) SECTION 501 OUTDOOR FIRES - GENERAL
501.1 The following outdoor fires are allowed without a written permit
from this Authority:
. 501.11 Fires for pleasure, religious, ceremonial, cooking or
like social purposes, or from incense burners and insect
pots. Fires from flares, torches and waste gas burners
except as used by any plant source subject to Section
460 of these Regulations.
501.12 Fires for which permits have been obtained from the Depart-
ment of Natural Resources and declared to be for the
protection of life and property and/or in the public
welfare relating to the following activities: abating
a forest fire hazard; prevention of a fire hazard; in-
instruction of public officials in methods of forest
fire fighting; and any silvicultural operation to improve
the forest lands of the State in accordance with RCW
70.94.660 and 70.94.670.
501.2 It shall be unlawful for any person to cause or allow any outdoor
f i re:
501.21 During any stage of an air pollution episode as defined
in RCW 70.94.710 through 730; or on any day designated
by the Control Officer as a "no burn day".
501.22 Containing prohibited materials, including, but not limited
to rubber products, asphaltic products, tires, crackcase
oil, petroleum wastes, plastics, garbage, dead animals or
other like material.
501.23 That emits dense smoke or creates offensive odors or creates
a nuisance when burned except for the abatement of a fire
hazard when so declared by a governmental agency having a
jurisdiction over such fire.
501.24 For salvage of any material or reclamation of materials.
501.25 In violation of any applicable law, rule or regulation of
any governmental agency having jurisdiction over such
f i re.
501.3 It shall be unlawful to cause or allow any of the following outdoor
fires without written permit from the Control Officer and/or
other governmental agency having jurisdiction over such fires.
-137-
-------
501.31 Land clearing by burning may be done only under the
following conditions:
501.311 Burning to be conducted during daylight hours
only. Fires burning at sunset are to have no
fuel added and the fire not disturbed thereafter.
501.312 Burning will be conducted at least 100 yards away
from any inhabited structure located on property
adjacent to the property upon which the burning
is conducted.
501.313 Burning in such a manner as to prevent any smoke
and/or particulate matter from being emitted
that is or is likely to restrict visibility on a
public road or airport landing strip.
501.32 Fires for instructions in the method of fighting fires
or testing of fire resistant materials, or testing fire
protective fire equipment.
501.33 A fire authorized for the prevention of a fire hazard
provided no alternate means of prevention is reasonably
available.
501.34 A fire for the disposal of combustible rubbish provided
no alternate means of disposal is reasonably available.
501.35 Fires related to agricultural activities for weed
abatement, disease and insect control or the development
of physiological conditions conducive to increase crop
yield.
501.4 Residential burning is allowed without written permit from this
Authority under the following conditions:
501.41 One small outdoor fire at a time and each pile is
extinguished before another is ignited;
501.42 Fires are started only between the hours of 10:00 A.M.
and sunset;
501.43 There is a person in attendance at the site of the fire
at all times and the fire is extinguished before leaving
it.
-138-
-------
501.5 It shall be prima facie evidence that the person who owns or
controls property on which an outdoor fire occurs has caused or
allowed said outdoor fire.
-139-
-------
REGULATION I
OF THE
PUGET SOUND
AIR POLLUTION CONTROL AGENCY
-------
ARTICLE 1
(1.0) (2.0) POLICY, SHORT TITLE AND DEFINITIONS
(2.0) SECTION 1.01 POLICY
The Puget Sound Air Pollution Control Agency, consisting of the counties
of Pierce, King, Snohomish and Kitsap, having been activated by the
Washington Clean Air Act, RCW 70.94, adopts the following Regulation to
control the emission of air contaminants from all sources within the
jurisdiction of the Agency; to provide for the uniform administration
and enforcement of this Regulation; and to carry out the requirements
and purposes of the Washington Clean Air Act.
It is hereby declared to be the public policy of the Puget Sound Air
Pollution Control Agency to secure and maintain such levels of air
quality as will protect human health and safety and, to the greatest
degree practicable, prevent injury to plant and animal life and to
property, foster the comfort and convenience of its inhabitants, seek
public participation in policy planning and implementation.
Appendix B-2 (7/18/72)
(2.0) SECTION 1.03 NAME OF AGENCY
The name of the multicounty Air Pollution Control Agency comprised of the
activated or inactivated air pollution control authorities of King
County, Pierce County, Snohomish County and such other counties whose
air pollution control authorities' may now or later merge with this
multicounty authority shall be known and cited as the "Puget Sound Air
Pollution Control Agency."
(2.0) SECTION 1.05 SHORT TITLE
This Regulation may be known and cited as "Regulation 1 of the Puget
Sound Air Pollution Control Agency."
(1.0) SECTION 1.07 GENERAL DEFINITIONS
When used in Regulation I of the Puget Sound Air Pollution Control Agency:
(a) "Agricultural operation" means the growing of crops, the raising of
fowl, animals or bees as a gainful occupation.
(b) "Air contaminant" means dust, fumes, mist, smoke, other particulate
matter, vapor, gas, odorous substance, or any combination thereof.
-140-
-------
(c) "Air pollution" is the presence in the outdoor atmosphere of one
or more air contaminants in sufficient quantities and of such
characteristics and duration as is, or is likely to be, injurious
to human health, plant or animal life, or property, or which
unreasonably interferes with enjoyment of life and property.
(d) "Alteration" means any addition to or enlargement or replacement
of, or any major modification or change of the design, capacity,
process or arrangement, or any increase in the connected loading
of, equipment or control apparatus which will significantly affect
the kind or amount of air contaminant emitted.
(e) "Ambient air" means that portion of the atmosphere, external to
buildings, to which the general public has access.
(f) "Authority" and/or "Agency" means the Puget Sound Air Pollution
Control Agency.
(g) "Board" means the Board of Directors of the Puget Sound Air
Pollution Control Agency.
(h) "Control apparatus" means any device which prevents or controls the
emission of any air contaminant.
(i) "Control Officer" means the Air Pollution Control Officer of the
Puget Sound Air Pollution Control Agency.
(j) "Emission" means a release into the outdoor atmosphere of air
contaminants.
(k) "Equipment" means any stationary or oortable device or any oart there-
of capable of causing the emission of any air contaminant" into
the atmosphere.
(1) "Equipment used in a manufacturing process" means equipment, as
defined in Subsection 1.07 (k) in which some air contaminant
emitted is caused by a manufacturing process.
(m) "Excess Air" means the quantity of air which exceeds the theoretical
quantity of air required for complete combustion.
(n) "Fire Chief" means a County Fire Marshal; City Fire Chief; Chief
of each County Fire Protection District or his authorized represen-
tative; or authorized forestry officials from the Washington State
Department of Natural Resources.
-141-
-------
(o) "Fuel burning equipment" means equipment, as defined in Subsection
1.07 (k) other than internal combustion engines and marine installa-
tions, the principal purpose of which is the production of hot air,
hot water or steam.
(p) "Incinerator" means a furnace for the destruction of waste.
(q) "Installation" means the placement, assemblage or construction of
equipment or control apparatus at the premises where the equipment
or control apparatus will be used, and includes all preparatory work
at such premises.
(r) "Marine installation" means equipment, as defined in Subsection 1.07
(k) installed on a vessel or on any device which floats in the water.
(s) "Motor vehicle" means equipment, as defined in Subsection 107 (k),
propelled by an internal combustion engine in or upon which a person
or material may be transported on the ground.
(t) "Multiple chamber incinerator" means any incinerator consisting
of three or more refractory-lined combustion chambers in series,
physically separated by refractory walls, interconnected by gas
passage ports or ducts and employing adequate design parameters
necessary for maximum combustion of the material to be burned.
(u) "Outdoor fire" means the combustion of material in the open or in a
container with no provision for control of such combustion or the
control of the emissions of the combustion products.
(v)
"Owner" includes the person who leases, supervises or operates the
equipment or control apparatus.
(w) "Particulate matter" means any material, except water in an uncombin-
ed form, that is or has been airborne and exists as a liquid or a
solid at standard conditions.
(x) "Process weight" means total weight of the materials consumed or
charged in any specific process including solid fuels charged, but
excluding liquid and gaseous fuels, and combustion air.
(y) "Process weight per hour" means process weight divided by number of
hours from the beginning of any specific process to the completion
of the process, excluding any time during which the equipment used
in the process is idle.
-142-
-------
(z) "Person" means and includes any individual, firm, public or
private corporation, association, partnership, political subdivision,
municipality or governmental agency.
(aa) "Portable equipment" means equipment, as defined in Subsection 1.07
(k) designed to be transported from place to place for temporary
operation.
(bb) "Refuse burning equipment" means equipment as defined in Subsection
1.07 (k), designed to burn waste material, scrap, or combustible
remains.
(cc) "Regulation" means any regulation or any subsequently adopted
additions or amendments thereto of the Puget Sound Air Pollution
Control Agency.
(dd) "Standard cubic foot of gas" means that amount of the gas which
would o'ccupy a cube having dimensions of one foot on each side, if
the gas were free of water vapor and at standard conditions.
(ee) "Power boiler" means fuel burning equipment used to produce steam
or vapor at a pressure exceeding 15 Ibs. per square inch gauge.
(ff) "State Act" means the "Washington Clean Air Act".
(gg) "Travel asphalt plant" means any asphalt plant specifically designed
by a manufacturer as a travel asphalt plant and customarily used
in the industry to locate near the job site.
(hh) "ppm" means part per million parts by volume.
(ii) "Primary Air Mass Station" or "PAMS" means a type of station design-
ed to measure contamination in an air mass and representing a
relatively broad area. The sampling site shall be representative
of the general area concerned and not be contaminated by any special
source. The probe inlet shall be a minimum of twenty feet and a
maximum of one hundred fifty feet above ground level. Actual
elevation should vary to prevent adverse exposure conditions caused
by surrounding buildings and terrain. The probe inlet shall be
placed approximately twenty feet above the supporting rooftop.
(jj) "PGLMS" means a station designed to provide information on contamin-
ant concentrations near the ground and provide data valid for the
immediate area only. "The probe inlet shall be ten to twenty feet
above ground level with a desired optimum height of twelve feet.)
The probe inlet shall not be less than two feet from any building
or wall. The sampling site shall be representative of the immediate
area and not be contaminated by any unique source.
-143-
-------
(kk) "Special Station" or "SS" means any station that does not meet
the criteria or purpose of a Primary Air Mass Station or a Primary
Ground Level Monitoring Station.
(11) "Standard conditions" means 70 degrees Fahrenheit and 29.92 in.
Hg."
(mm) "Residential burning" means small outdoor fires consisting of
leaves, clippings, prunings, and wood, so long as it has not been
treated by an application of prohibitive material or substances,
and other yard and gardening refuse originating on lands immediately
adjacent and in close proximity to a human dwelling and burned on
such lands by the property owner or his disignee.
(nn) "Land clearing burning" means outdoor fires consisting of residue
of a natural character such as trees, stumps, shrubbery or other
natural vegetation arising from land clearing projects and burned
on the lands on which the material originated.
(oo) "Small outdoor fire" means a fire in a pile no more than four
(4) feet in diameter and three (3) feet in height.
-144-
-------
ARTICLE 3
(2.0) GENERAL PROVISIONS
(16.0) SECTION 3.01 DUTIES AND POWERS OF THE BOARD
(a) Pursuant to the provisions of the "Washington Clean Air Act", the
Board may take such reasonable action as may be necessary to prevent
air pollution which may include control or measurement of the
emission of air contaminant from a source. The Board shall appoint
a Control Officer competent in the field of air pollution control
who shall observe and and enforce the provisions of this Regulation
and all orders, ordinances, resolutions, or rules and regulations
of this Authority pertaining to the control and prevention of air
pollution. The Board shall establish such procedures and take
such action as may be required to implement Section 1.01 of this
Regulation consistent with the State Act and other applicable laws.
(b) The Board shall require that the Control Officer maintain appropriate
records and prepare periodic reports.
(9.0) SECTION 3.03 'INVESTIGATIONS AND STUDIES BY THE CONTROL OFFICER
The Control Officer and/or his qualified agents may make any reasonable
investigation or study which is necessary for the purpose of enforcing
this Regulation or any amendment thereto or controlling or reducing the
amount or kind of air contaminant.
(9.0) SECTION 3.05 INVESTIGATION BY CONTROL OFFICER
(a) For the purpose of investigating conditions specific to the control,
recovery or release of air contaminants into the atmosphere, the
Control Officer or his duly authorized representatives shall have
the power to enter at reasonable times upon any private or public
property, with the permission of the owner or his duly authorized
representative.
(b) If an authorized employee of the Authority during the course of an
inspection desires to obtain a sample of air contaminant, fuel,
process material or other material which affects or may affect the
emission of air contaminants, he shall notify the owner or lessee
of the time and place of obtaining a sample so the owner or lessee
has the opportunity to take a similar sample at the same time and
place and the authorized employee of the Authority shall give a
receipt to the owner or lessee for the sample obtained.
-145-
-------
(14.0) SECTION 3.07 CONFIDENTIAL INFORMATION
Whenever any records or other information furnished to or obtained
by the Authority, pursuant to any sections in Chapter 70.94 RCW, relate
to processes or production unique to the owner or operator, or are likely
to affect adversely the competitive position of such owner or operator
if released to the public or to a competitor, and the owner or operator
of such processes or production so certifies, such records or information
shall be only for the confidential use of the Authority.
(15.0) SECTION 3.09 VIOLATIONS - NOTICE
Whenever the Board or the Control Officer has reason to believe that
any provisions of this Regulation relating to the control or prevention
of air pollution has been violated, the Board or Control Officer may
cause written notice to be served upon the alleged violator or violators.
The notice shall specify the provisions of this Regulation alleged to be
violated, and the facts alleged to constitute a violation thereof, and
may include an order that necessary corrective action be taken within a
reasonable time. In lieu of an order, the Board or the Control Officer
may require that the alleged violator or violators appear before the
Hearings Board as provided for in Chapter 43.218 RCW for a hearing
pursuant to the provisions of Chapter 34.04 RCW as now or hereafter
amended, or in addition to or in place of an order or hearing, the Hear-
ings Board created in Chapter 43.21B RCW may initiate action pursuant to
RCW 70.94.425, 70.94.430, and 70.94.435.
(16.0) SECTION 3.11 ORDERS AND HEARINGS
Any order issued by the Board or by the Control Officer shall become
final unless such order is appealed to the Hearings Board as provided
in Chapter 43.21B RCW.
(16.0) SECTION 3.12 APPEALS FROM BOARD ORDERS
Any order issued by the Board after a hearing shall become final unless
no later than thirty days after the issuance of such order a notice of
appeal is filed with the Hearings Board as provided in Chapter
43.21B RCW.
(2.0) SECTION 3.13 STATUS OF ORDERS ON APPEAL
(a) Any order of the Control Officer or the Board shall be stayed pending
final determination of any hearing or appeal taken in accordance
with the provisions herein, unless after notice and hearing, the
superior court shall determine that an emergency exists which is of
such nature as to require that such order be in effect during the
pendency of such hearing or appeal.
-146-
-------
(b) Nothing in this Regulation shall prevent the Control Officer or
Board from making efforts to obtain voluntary compliance through
warning, conference or any other appropriate means.
(2.0) SECTION 3.15 INTERFERING WITH OR OBSTRUCTING AGENCY PERSONNEL
No person shall willfully interfere with or obstruct the Control Officer
or any Agency employee in carrying out any lawful duty.
(2.0) SECTION 3.17 FALSE AND MISLEADING ORAL STATMENTS:
UNLAWFUL REPRODUCTION OR ALTERATION OF DOCUMENTS
(a) No person shall willfully make a false or misleading oral state-
ment to the Board as to any matter within the jurisdiction of the
Board.
(b) No person shall reproduce or alter or cause to be reproduced or
altered any order, registration certificate, or other paper issued
by the Agency if the purpose of such reporduction or alteration is
to evade or violate any provision of this Regulation or any other
law.
(2.0) SECTION 3.19 DISPLAY OF ORDERS. CERTIFICATES AND OTHER NOTICES:
REMOVAL OR MUTILATION PROHIBITED
(a) Any order, or registration certificate required to be obtained
by this Regulation, shall be available on the premises designated
on the order or certificate.
(b) In the event that the Agency requires a notice to be displayed,
it shall be posted. No person shall mutilate, obstruct or remove
any notice unless authorized to do so by the Board.
(2.0) SECTION 3.21 SERVICE OF NOTICE
(a) Service of any written notice required by this Regulation shall
be made on the owner or lessee of equipment, or his agent, as
follows:
(1) Either by mailing the notice in a prepaid envelope directed
to the owner or lessee of the equipment, or his agent, at the
address listed on his application or order or registration
certificate or at the address where the equipment is located,
by United States Certified Mail, return receipt requested;
or
(2) By leaving the notice with the owner or lessee of the equipment,
or his agent, or if the owner or lessee is not an individual,
with a member of the partnership or other group concerned, or
with an officer or managing agent of the corporation.
-147-
-------
(b) Service of any written notice required by this Regulation shall be
made on the Agency as follows:
(1) Either by mailing the notice in a prepaid envelope directed
to the Agency at its office by United States Certified Mail,
return receipt requested; or
(2) By leaving the notice at the Agency office with an employee
of the Agency.
(2.0) SECTION 3.23 SEPARABILITY
If a provision of this Regulation is declared unconstitutional, or the
application thereof to any person or circumstance is held invalid, the
constitutionality or validity of every other provision of this Regulation
shall not be affected thereby.
(15.0) SECTION 3.25 PENALTY
(a) Any person who violates any provision of this Regulation shall be
guilty of a gross misdemeanor and upon conviction thereof shall be
punished by a fine of not less than One Hundred Dollars nor more than
One Thousand Dollars, or by imprisonment for a term of not more than
one year or by both fine and imprisonment for each separate violation.
Each day upon which such violation occurs shall constitute a separate
violation.
(b) The Control Officer shall be empowered by the Board to sign official
complaints or issue citations or initiate court suits or use other
legal means to enforce the provisions of this Regulation.
(15.0) SECTION 3.27 ADDITIONAL ENFORCEMENT
Notwithstanding the existence or use of any other remedy, whenever any
person has engaged in, or is about to engage in, any acts or practices
which constitute or will constitute a violation of any provision of this
Regulation, or any rule, regulation or order issued by the Board or the
Control Officer or his authorized agent, the Board, after notice to such
person aid an opportunity to comply, may petition the superior court of
the county wherein the violation is alleged to be occurring or to have
occurred, for a restraining order or a temporary or permanent injuction
or another appropriate order.
(15.0) SECTION 3.29 CIVIL PENALTY
In addition to or as an alternate to any other penalty provided for herein
or by law, any person who violates any of the provisions of this regulation
shall incur a penalty in the form of a fine in an amount not to exceed two
-148-
-------
hundred fifty dollars per day for each violation. Each sum violation
shall be a separate and distinct offense, and, in case of a continuing
violation, each day's continuance shall be a separate and distinct
violation.
Each act of commission or omission which procures, aids or abets in the
violation shall be considered a violation under the provisions of this
section and subject to the same penalty. The penalty shall become due
and payable when the person incurring the same receives a notice in
writing from the Control Officer or his representative of the authority,
describing the violation with reasonable particularity and advising such
person that the penalty is due unless a request is made for a hearing to
the Hearings Board. The hearing shall be conducted pursuant to the
provisions of Chapter 43.21B RCW. If the amount of such penalty is not
paid to the Board within thirty(30) days after receipt of notice impos-
ing the same, and a request for a hearing has not been made, the attorney
for the Agency shall bring action to recover such penalty in the Superior
Court of the County in which the violation occurred. All penalties
recovered under this section shall be put into the treasury of the Agency
and credited to its funds.
To secure the penalty incurred under this section, the Agency shall have
a lien on any vessel used or operated in violation of this regulation
which shall be enforced as provided by RCW 60.36.050.
(3.0) SECTION 5.03 REGISTRATION REQUIRED
All air contaminant sources within the jurisdiction of the Authority
shall be registered with the Authority, except any of the air contaminant
sources which are listed in Exhibit "A," which is made a part hereof as
now constituted or hereafter amended.
(3.0) SECTION 5.05 GENERAL REQUIREMENTS FOR REGISTRATION
(a) Registration of an installation shall be made by the owner or lessee
of the source, or his agent, on forms furnished by the Agency. The
owner of the source shall be responsible for registration and the
correctness of the information submitted.
(b) A separate registration shall be required for each source of
contaminant; provided that, an owner has the option to register
a process with a detailed inventory of contaminant sources and
emissions related to said process; provided further that, an owner
need not make a separate registration for identical units of equip-
ment or control apparatus installed, altered or operated in an
identical manner on the same premises.
-149-
-------
(c) Each registration shall be signed by the owner or lessee, or the
agent for such owner or lessee.
EXHIBIT "A"
LIST OF EXCLUSIONS ADOPTED BY THE BOARD AND ATTACHED AS ADDENDUM
(1) Air conditioning or ventilating systems not designed to remove
contaminant generated by or released from equipment.
(2) Atmosphere generators used in connection with metal heat treating
processes.
(3) Blast cleaning equipment which uses a suspension of abrasive in
liquid water.
(4) Foundry sand mold forming equipment, unheated.
(5) Fuel burning equipment, other than smoke house generators, which:
(i) Is used solely for a private dwelling serving less than five
families; or
(ii) Has a BTU input of not more than 1 million BTU per hour.
(6) Fumigation vaults.
(7) Insecticide spray equipment, non-commercial.
(8) Internal combustion engines, including gas turbine and jet engines.
(9) Laboratory equipment used exclusively for chemical or physical
analyses.
(10) Laundry driers, extractors or tumblers used exclusively for the re-
moval of water from fabric.
(11) Routing, turning, carving, cutting and drilling equipment used for
metal, wood, plastics, rubber, leather or ceramics.
(12) Portable equipment which is used within the jurisdiction of the
Agency .for less than 60 days.
(13) Sewing equpment.
(14) Surface coating by use of aqueous solution or suspension.
-150-
-------
(15) Steam cleaning equipment used exclusively for that purpose.
(16) Storage tanks, reservoirs, or containers:
(i) Of a capacity of 6,000 gallons or less used for organic solvents,
diluents or thinners.
(ii) Of a capacity of 40,000 gallons or less used for liquid fuels
including gasoline, lubricating oil, tallow, vegetable oil,
or wax emulsions.
(17) Vacuum cleaning systems used exclusively for industrial, commercial
or residential housekeeping.
(18) Vacuum producing devices used in laboratory operations, and vacuum
producing devices which do not remove or convey air contaminant
from or to another source.
(19) Vents used exclusively for:
(i) Sanitary or storm drainage systems; or
(ii) Safety valves; or
(iii) Storage tanks.
(20) Washing or drying equipment used for products fabricated from metal
or glass, if no volatile organic material is used in the process.
(21) Water cooling towers and cooling ponds, except for barometric
condensers.
(22) Welding, brazing or soldering equipment.
(23) Marine installations not within the jurisdiction of the Agency for
longer than 60 days per year.
(24) Asphalt laying equipment.
(2.0) SECTION 6.03 NOTICE OF CONSTRUCTION - WHEN REQUIRED
(a) No person shall construct, install or establish a new air contaminant
source, except those sources that are excluded in Exhibit "A" of
Section 5.03 of this Regulation unless a "Notice of Construction and
Application for Approval," on forms prepared and furnished by the
Authority, has been filed and approved by the Authority in accordance
with Sections 6.07 (a), 6.07 (e), or 6.11. For purposes of this
Article, alterations shall be construed as construction, installation
-151-
-------
or establishment of a new air contaminant source.
(b) A Notice of Construction and Application for Approval shall not be
required to commence an alteration of equipment or control apparatus
in the event of breakdown or if delaying the alteration may en-
danger life or have other serious consequences. The Authority shall
be notified in writing of the alteration on the first working day
after the alteration is commenced and a Notice of Construction and
Application for Approval shall be filed within fourteen (14) days
after the day the alteration is commenced.
(c) A separate Notice and Application shall be submitted for each unit
of equipment or control apparatus, unless identical units of equip-
ment or control apparatus are to be installed, constructed or
established in an identical manner on the same premises; provided
that, the owner has the option to give notice and apply for approval
of a process with a detailed inventory of contaminant sources and
emissions related to said process.
(3.0) SECTION 6.05 INFORMATION REQUIRED FOR NOTICE OF CONSTRUCTION AND
APPLICATION FOR APPROVAL""^
(a) Each Notice of Construction and Application for Approval for the
construction, installation or establishemnt of a new air contaminant
source, as above described, shall be accompanied by two sets of
plans which show and describe in detail the following:
(1) The equipment or control apparatus covered by the Notice and
Application;
(2) Any equipment connected, attached to, or serving or served by
the unit of equipment or control apparatus covered by the Notice
and Application;
(3) A plat plan, including the distance and height of buildings
within a reasonable distance from the place where the equip-
ment is or will be installed;
(4) The proposed means for the prevention or control of the
emissions of air contaminant;
(5) Any additional information, evidence or documentation required
by the Board or the Control Officer to show that the proposed
equipment or control apparatus will meet the emissions
standards as now or hereinafter set by the Board.
-152-
-------
(6) Each Notice of Construction and Application for Approval shall be
signed by the applicant or owner, who may be required to submit
evidence of his authority.
(2.0) SECTION 6.07 ISSUANCE OF APPROVAL OR ORDER.
(a) Within thirty (30) days of receipt of Notice of Construction and
Application for Approval, the Board or Control Officer shall
issue an Approval of Construction, or in Order that the construction,
installation or establishment of a new air contaminant source will
not be in accord with the applicable emissions standards as are
in effect at the time of filing the Notice of Construction and
Application for Approval.
(b) No approval will be issued unless the information supplied as re-
quired by Subsection 6.05 (a) evidences to the Board or the Control
Officer that:
(1) The equipment is designed and will be installed to operate
without causing a violation of the emissions standards.
(2) The equipment incorporates advances in the art of air pollution
control developed for the kind and amount of air contaminant
emitted by the equipment;
(3) Equipment having a stack or duct 3 feet or more in diameter
will be provided with:
(i) Sampling ports of a size, number and location as the
Authority may require; and
(ii) Safe access to each port; and
(iii) Such other reasonable sampling and testing facilities as
the Board or Control Officer may require;
(4) Fuel burning equipment and refuse burning equipment will achieve
optimum combustion of the fuel or refuse material to be burned;
(5) All parts of the equipment can be readily cleaned or repaired.
(c) If the Board or Control Officer determines that the construction,
installation or establishment of a new air contaminant source will
not meet the emission standards, the Board or Control Officer shall,
within thirty (30) days of the receipt of the Notice and Application,
issue on Order for the prevention of the construction, installation
-153-
-------
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
references to the emissions standards that will not be met
by the proposed construction, installation or establishment;
(3) The Order shall be signed by the Control Officer or his
authorized representative.
(d) Any Order issued pursuant to this section shall become final un-
less, no later than fifteen (15) days after the date the Order
is served pursuant to Section 3.21 of this Regualtion, the owner
or applicant petitions for a reconsideration of the Order, with
reasons for the reconsideration.
(1) The Board or Control Officer shall consider the petition, and
shall within thirty (30) days give written notice or
disapproval of the petition setting forth the reasons for
disapproval.
(2) If the petition of the owner or applicant be disapproved, the
owner or applicant may petition the Hearings Board for a
hearing within thirty (30) days of receipt of the notice of
disapproval and proceed under the procedure as set forth in
Section 3.11 and 3.12 of this Regulation.
(e) Failure to issue such an order or approval within the time prescribed
herein shall be deemed a determination that the construction,
installation or establishment may proceed, provided that it is in
accordance with the plans, specifications, or other information, if
any, required to be submitted. Such failure, however, shall not
relieve any person from his obligation to comply with any emission
control requirement, or with any other provision of law.
(2.0) SECTION 6.09 NOTICE OF COMPLETION - ORDER OF VIOLATION
(a) The owner or applicant shall notify the Board or Control Officer
of the completion of construction, installation or establishment
and the date upon which operation will commence. The Board or
Control Officer shall, within thirty (30) days of receipt of notice
of completion, inspect the construction, installation or establish-
ment, and the Board or Control Officer may issue an Order of Viola-
tion if he finds that the construction, installation or establishment
is not in accord with the plans, specifications or other information
submitted to the Agency, and will be in violation of the emissions
standards in existence at the date the order was issued.
-154-
-------
(b) Upon receipt of an Order of Violation, the owner may appeal said
order in accordance with the provisions and procedures in Section
3.11, 3.12, and 3.13 of this Regulation.
(b) The issuance of approval as provided by this Article and Section
6.07 shall not relieve the owner of the obligation to comply with
the emission standards as adopted by this Agency, or prevent the
Board or Control Officer from issuing such orders as provided by
Section 3.09 of Article 3 of this Regulation.
(2.0) SECTION 6.11 CONDITIONAL APPROVAL
The owner or applicant may request a conditional approval for an experi-
mental installation, construction or establishment and said approval may
be issued by the Board or Control Officer if it appears to the Board or
Control Officer, from all submittted information, that the installation,
construction or establishment when completed will satisfy the emissions
standards adopted by the Board.
ARTICLE 7
(5-U) VARIANCES
(5.0) SECTION 7.01 VARIANCES
(a) Any person who owns or is in control of any plant, building,
structure, establishment, process or equipment including a group
of persons who owns or controls like processes or like equipment
may apply to the Board for a variance from rules or regulations
governing the quality, nature, duration or extent of discharge
of air contaminants. The application shall be accompanied by such
information and data as the Board may require. The hearing held
hereunder shall be conducted in accordance with the rules of
evidence as set forth in RCW 34.04.100 as now or hereafter amended.
The Board may grant such variance, but only after public hearing
on due notice, if it finds that:
(1) The emissions occurring or proposed to occur do not endanger
public health or safety, and
(2) Compliance with the rules or regulations from which variance
is sought would produce serious hardship without equal or
greater benefits to the public.
(b) No variance shall be granted pursuant to this section until the
Board has considered the relative interests of the applicant, other
owners of property likely to be affected by the discharges, and the
general public.
-155-
-------
(c) Any variance or renewal thereof shall be granted within the
requirements of subsection (a) and for time periods and under
conditions consistent with the reasons therefor, and within
the following limitations:
(1) If the variance is granted on the ground that there is no
practicable means known or available for the adequate prevention.
abatement or control of the pollution involved, it shall be only
until the necessary means for prevention, abatement or control
become known and available, and subject to the taking of
any substitute or alternate measures that the Board may pre-
scribe.
(2) If the application for variance shows that there is no auto-
mobile fragmentizer within a reasonable distance of the wreck-
ing yard for which the variance is sought, a variance will be
granted for a period not to exceed three years for commercial
burning of automobile hulks, subject to such conditions as the
Board may impose as to climatic conditions and hours during
which burning of such hulks may be carried out: PROVIDED,
HOWEVER, that any variance granted hereunder shall be of no
force and effect after July 1, 1970.
(3) If the variance is granted on the ground that compliance with
the particular requirements or requirement from which variance
is sought will require the taking of measures which, because
of their extent or cost, must be spread over a considerable
period of time, it shall be for a period not to exceed such
reasonable time as, in the view of the Board is requisite for
the taking of the necessary measures. A variance granted on
the ground specified herein shall contain a timetable for the
taking of action in an expeditious manner and shall be condi-
tioned on adherence to such timetable.
(4) If the variance is granted on the grounds that it is justified
to relieve or prevent hardship of a kind other than that pro-
vided for in item (1), (2), and (3) of this subparagraph, it
shall be for not more than one year.
(d) Any variance granted pursuant to this section may be renewed on
terms and conditions and for periods which would be appropriate
on initial granting of a variance. If complaint is made to the
Board on account of the variance, no renewal thereof shall be granted
unless, following a public hearing on the complaint on due,notice,
the Board finds that renewal is justified. No renewal shall be
granted except on application therefor. Any such application shall
be made at least sixty days prior to the expiration of the variance.
Immediately upon receipt of an application for renewal, the Board
shall give public notice of such application in accordance with .
-156-
-------
rules and regulations of the Board.
(e) A variance or renewal shall not be a right of the applicant or
holder thereof but shall be at the discretion of the Board. How-
ever, any applicant adversely affected by the denial or the terms
and conditions of the granting of an application for a variance
or renewal of a variance by the Board may obtain judicial review
thereof only under the provisions of Chapter 43.21B RCW.
(f) Nothing in this section and no variance or renewal granted pursuant
hereto shall be construed to prevent or limit the application of
the emergency provisions and procedures of RCW 70.94.415 of Wash-
ington Clean Air Act to any person or his property.
(51.13) SECTION 9.02 OUTDOOR FIRES
(a) Policy. It is the policy of the Puget Sound Air Pollution Control
Agency to achieve and maintain high levels of air quality and to this
end minimize to the greatest extent reasonably possible the burning
of outdoor fires. Consistent with this policy, the Board of
Directors does hereby declare that such fires should be allowed only
on a limited basis under strict regulation and close control, such
program to be implemented by a one-permit system. It is the further
policy of the Board to encourage the fostering and development of an
alternate technology or method of disposing of wastes which is
reasonably economical and less harmful to the environment.
(b) It shall be unlawful for any person to cause or allow any outdoor
fire:
(1) In an area where the Board has prohibited outdoor burning under
Section 11.01; or
(2) During any stage of an air pollution episode as defined in RCW
70.94.710 through 70.94.730; or
(3) Containing garbage, dead animals, asphalt, petroleum products,
paints, rubber products, plastics, or any substance other than
natural vegetation which normally emits dense smoke or obnoxious
odors; or
(4) For the purpose of demolition, salvage or reclamation of
materials.
(5) In violation of any applicable law, rule or regulation of any
governmental agency having jurisdiction over such fire.
-157-
-------
(c) The following outdoor fires are exempt from subsections 9.02
(b) (I) and 9.02 (d):
(1) Small outdoor fires for pleasure, religious ceremonial, cook-
ing, or like social purposes;
(2) Fires from torches, incense burners, insect pots, flares and
smokeless waste gas burners;
(3) Fires for abating a forest fire hazard, to prevent a fire
hazard, for instruction of public officials in methods of forest
fire fighting, and any silvicultural operation to improve forest
lands where and when permitted by the State Department of
Natural Resources under RCW 70.94.650 through RCW 70.94.700.
(4) Fires for disease control, pest control, and weed abatement
related to agricultural activities provided:
(i) Prior written approval has been issued by the Control
Officer or the Board; and
(ii) Written confirmation has been furnished by a designated
county extension agent or agricultural specialist
designated by the Cooperative Extension Service that burn-
ing is recommended practice for the control or prevention
of the disease, pest, or weed.
(d) It shall be unlawful for any person to cause or allow an outdoor
fire except under the following conditions:
(1) For residential burning of wood, so long as it has not been
treated by an application of prohibitive material or substances,
and of natural vegetation which are allowed at any time during
the year, subject to the following conditions:
(i) Fires are conducted only by the resident of a single family
residence.
(ii) Fires are started only between 10:00 a.m. and sunset;
(iii) Only one pile is burned at a time and each pile is extin-
guished before another is lighted;
(iv) No burning is conducted within fifty (50) feet of any
structure.
-158-
-------
(2) For land clearing burning:
(i) Burning is not conducted in an area with a general
population density of 2,500 or more persons per square
mile;
(ii) Burning is not conducted with 100 feet of any structure
other than that located on the property on which the
burning is conducted;
(iii) Burning is not conducted within the urbanized area as
defined by the United States Bureau of the census unless
the Agency has verified that the average population
density on the land within 0.6 miles of the proposed burn-
ing site is 2,500 persons per square mile or less.
(3) For other burning:
(i) Prior written approval has been issued by the Control
Officer or Board; and
(ii) Burning is conducted at such times and under such
conditions as may be established by the Control Officer
or Board.
(e) Nothing contained in this section shall alter or change requirements
or provisions of RCW 70.94.650 through RCW 70.94.700, 70.94.710
through 76.94.730, and 76.04.150 through 76.04.170.
(f) Sections 9.03, 9.04, 9.05, 9.06, 9.09, 9.11 (a), 9.13, 9.15 and
9.16 of Regulation I do not apply to outdoor fires which are con-
ducted in compliance with Section 9.02 of Regulation I..
(g) It shall be prima facie evidence that the person who owns or controls
property on which an outdoor fire occurs has caused or allowed said
outdoor fire.
(h) Any person, firm or corporation who violates any of the provisions
and sections of this resolution shall be subject to any and all
penalties or other remedies as provided for in Chapter 70.94 RCW
and Regulation I.
(i) Nothing contained in Section 9.02 except during any stage of an air
pollution episode as defined in RCW 70.94.710 through 70.94.730 shall
prohibit fires for instruction in the method of fighting fires, test-
ing resistant material, or testing fire protection equipment provid-
ed prior written approval has been issued by the Control Officer or
-159-
-------
Board and such fires are conducted at such times and under such
conditions as may be established by the Control Officer or Board.
(j) Nothing contained in Section 9.02 shall be construed to allow
outdoor fires in those areas in which open burning is prohibited
by laws, ordinances, or regulations of the State or any city,
county, or fire district.
(k) Nothing contained in Section 9.02 shall relieve the applicant from
obtaining permits required by any state or local fire protection
agency.
(50.1.2) SECTION 9.03 EMISSION OF AIR CONTAMINANT: VISUAL STANDARD
(a) It shall be unlawful for any person to cause or allow the emission
of any air contaminant for a period or periods aggregating more than
three (3) miinutes in any one hour, which is:
(1) Darker in shade than that designated as No. 2 (40% density) on
the Ringelmann Chart, as published by the United States Bureau
of Mines; or
(2) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in Subsection
9.03 (a) (1); provided that, 9.03 (a) (2) shall not apply to
fuel burning equipment utilizing wood residue when the particu-
late emission from such equipment is not greater than 0.05 grain
per standard cubic foot.
(b) It shall be unlawful for any person to cause or allow the emission
of any air contaminant from equipment installed subsequent to the
effective date of this regulation for a period or periods aggregating
more than three (3) minutes in any one hour, which is darker in
shade than that designated as No. 1 (20% density) on the Ringelmann
Chart, as published by the United States Bureau of Mines.
(c) The only exception to 9.03 (a) and 9.03 (b) shall be as follows:
(1) When the fuel burning equipment is a power boiler, and an
emission occurs which is due to conditions beyond the control
of the owner or operator, the emission may be darker than as
designated as No. 2 (40% density) on the Ringelmann Chart for
a period of not more than fifteen (IS)minutes in any one hour; pro-
vided th.a.t.±b,e operator shall take immediate action to correct
the condition.
-160-
-------
(2) In the event of periodic shutdowns, or unavoidable failure or
breakdown of any equipment or device or other circumstances be-
yond the control of any person owning or noerating such equip-
ment, including the necessary shutdowns of smoke abatement or
dust collection equipment for purposes of maintenance or
repair, which tends to produce unlawful emissions of smoke,
particulate or other matter, provided that the owner or operator
of such equipment or process shall immediately notify the Agency
of such shutdown, failure, breakdown or other circumstances,
together with the pertinent facts relating thereto and a state-
ment of the date upon which the condition will be rectified and
shall also report to the Control Officer when such defect has
been removed and when such periodic shutdown is over.
(d) The density or opacity of an air contaminant shall be measured at
the point of its emission, except when the point of emission cannot
be readily observed, it may be measured at an observable point on
the plume nearest the point of emission.
(e) This section shall not apply when the presence of uncombined water
is the only reason for the failure of the emission to meet the
requirements of this section.
(f) This section shall not apply to motor vehicles or aircraft.
(50.1) SECTION 9.04 PARTICULATE MATTER
It shall be unlawful for any person to cause or allow the discharge
of particulate matter which becomes deposited upon the real property of
others, except as follows:
(1) When such emissions are proved by such person to be in compliance
with Section 9.09.
(2) Temporarily due to breakdown of equipment, provided that repairs
are promptly made.
(3) During the time for compliance with this Regulation fixed by the
Control Officer or the Board.
(51.9) SECTION 9.05 INCINERATOR BURNING
It shall be unlawful for any person to burn any combustible refuse in
any incinerator within the boundaries of the Authority except in a
-161-
-------
multiple chamber incinerator as defined in Section 1.07 and provided
with emission control apparatus, or in equipment found by the Control
Officer in advance of such use to be equally effective for the purpose
of air pollution control.
(51.9) SECTION 9.06 REFUSE BURNING EQUIPMENT: TIME RESTRICTION
(a) It shall be unlawful for any person to cause or permit the
operation of refuse burning equipment at any time other than day-
light hours of the same day, except with the approval of the
Control Officer.
(b) Approval of the Control Officer for the operation of such equip-
ment may be granted upon the submission of a written request
stating:
(1) The full name and address of the applicant; and
(2) The location of the refuse burning equipment; and
(3) A brief description of the refuse burning equipment and its
control apparatus; and
(4) Good cause for the issuance of such approval; and
(5) The hours, other than daylight hours, during which the applicant
seeks to operate the equipment; and
(6) The length of time for which the exception is sought.
(50.2) SECTION 9.07 EMISSION OF SULFUR OXIDES
For the purpose of this Section, all sulfur present in gaseous compounds
containing oxygen shall be deemed to be present as sulfur dioxide.
(a) It shall be unlawful for any person to cause or permit the emission
of sulfur dioxide from any premises which will result in concentra-
tions and frequencies at a primary air mass station, a primary
ground level monitoring station, or a special station that exceed
those shown in the following table:
-162-
-------
TABLE 1
MAXIMUM ALLOWABLE SULFUR DIOXIDE CONCENTRATIONS
Concentration Averaging Frequency of
Time Occurrence
1.0 ppm 5 minutes Once in any 8 consecutive
hours
0.4 ppm 60 minutes Never to be exceeded
0.25 ppm 60 minutes ' Twice in any 7 consecutive
days
0.10 ppm 24 hours Never to be exceeded
0.04 ppm 30 days Never to be exceeded
0.02 ppm 365 days Never to be exceeded
*Parts per million by volume
Emission exceeding the limits established in this Subsection (a) shall
not constitute a violation of Section 9.07, provided such emissions, from
the emission point to the point of any such concentration, are on pro-
perty controlled by the person responsible for such emissions.
(b) It shall be unlawful for any person to cause or permit the emission
of air contaminant from equipment if the air contaminant emitted
as measured in the flue contains sulfur dioxide in concentrations
greater than 2,000 ppm.
Tests for determining compliance with Subsection 9.07 (b) shall be based
on integrated samples collected over a period of not less than fifteen
(15) consecutive minutes or ninety percent (90%) of the time of actual
source operation, whichever is less.
(c) When the emission of sulfur dioxide exceeds forty (40) pounds per
hour, then it shall be unlawful for any person to cause or permit
equipment used in a manufacturing process to emit to the atmosphere
-163-
-------
more than 10 percent (10%) of the sulfur contained in the process
weight per hour. Any person processing such sulfur-containing
material shall, upon request, provide to the Agency such information
and samples as may be required to determine compliance with this
Section.
(d) It shall be unlawful for any person to burn, sell or make available
for sale any fuel containing a weight percentage of sulfur in ex-
cess of that allowed by Subsection (2) and (3) hereof, or any fuel
(which, after combustion in fuel) burning equipment or flue gas de-
sulfurization, emits a concentration of sulfur dioxide as measured
in the flue in excess of the limits set forth in Subsection (1)
hereof:
(1) One-thousand ppm by volume (1,000 ppm) corrected to fifty per
cent (50%) excess air.
(2) Distillate fuel classified as No. 1 domestic heating oil (ASTM
Specification D-396-69) shall contain three-tenths percent
(.3%) or less sulfur by weight.
(3) Distillate fuel classified as No. 2 domestic heating oil (ASTM
Specification D-396-69) shall contain five-tenths percent (.5%)
or less sulfur weight.
(e) (1) When used in Regulation 1:
(i) "a wholesale fuel facility" means any refinery, distribu-
tion terminal, or primary fuel handling facility which
sells, makes available for sale, or distributes liquid or
solid fuel on a wholesale basis for subsequent use in fuel
burning equipment located in the jurisdiction of this
Authority; and
(ii) "a wholesale fuel dealer" means the owner of a wholesale
fuel facility.
(e) (2) Each wholesale fuel dealer shall report information to the
Agency for each calendar month after the effective date of this
section, as follows:
(i) the quantity specification, seller, and percent sulfur by
weight of fuel received at the wholesale fuel facility and
the date of such receipt;
(ii) the method used in obtaining the sulfur content of such
fuel;
-164-
-------
(iii) other pertinent information as required by the Control
Officer;
(iv) such reports to be submitted within fifteen (15) days
of the end of the reporting month.
-165-
-------
(50.1.1) SECTION 9.09 EMISSION OF PARTICULATE MATTER: WEIGHT RATE
STANDARD
It shall be unlawful for any person to cause or allow the emission of
particulate matter if the emission is in violation of Section 9.03 or if
the particulate matter discharged into the atmosphere from any single
source exceeds the following weights at the point of discharge:
(a) (1) In refuse burning equipment, 0.20 grain for each standard
cubic foot of exhaust gas, adjusted to 50 percent excess
air or calculated to 12 percent carbon dioxide (exclusive
of carbon dioxide from auxiliary fuel).
(2) In refuse burning equipment installed subsequent to the
effective date of this Regulation, 0.10 grain for each
standard cubic foot of exhaust gas, adjusted to 50 percent
excess air or calculated to 12 percent carbon dioxide
(exclusive of carbon dioxide from auxiliary fuel).
(b) (1) In fuel burning equipment, 0.10 grain for each standard
cubic foot of exhaust gas caluclated to 12 percent carbon
dioxide.
(2) In fuel burning equipment installed subsequent to the
effective date of this Regulation, 0.05 grain for each standard
cubic foot of exhaust gas calculated to 12 percent carbon
dioxide.
(3) In fuel burning equipment utilizing wood residue, 0.20 grain
for each standard cubic foot of exhaust gas, adjusted to 50
percent excess air or calculated to 12 percent carbon dioxide.
(4) In fuel burning equipment utilizing wood residue, installed
subsequent to the effective date of this Regulation, 0.10 grain
for each standard cubic foot of exhaust gas, adjusted to 50
percent excess air or calculated to 12 percent carbon dioxide.
(c) In equipment used in a manufacturing process, the emission weight
per hour shall not exceed the amounts set forth in TABLE II, pro-
vided further that no emission in exhaust gases shall exceed the •
amount set forth in Section 9.09 (d).
-166-
-------
. TABLE II
Process Weight Maximun Allowable Participate
(Lb./Hr.)Emission (.Lb./Hr.)
100 0.6
300 1.2
500 1.8
700 2.2
1,000 2.8
2,000 4.1
3,000 5.4
4,000 6.5
5,000 7.6
6,000 8.6
7,000 9.5
8,000 10.4
9,000 11.2
10,000 12.0
15,000 15.8
20,000 19.2
30,000 25.2
40,000 30.5
50,000 36.0
60,000 40.0
80,000 48.0
-167-
-------
Process Height Maximum Allowable Particulate
(1b./Hr.)' Emission (Lb./Hr.)'
100,000 55.0
140,000 65.0
180,000 73.0
220,000 78.0
260,000 83.0
300,000 85.0
' 400,000 92.0
800,000 109.0
1,000,000 114.0
2,000,000 127.0
4,000,000 138.0
6,000,000 143.0
8,000,000 147.0
10,000,000 150.0
Where the process weight per hour is between two listed figures, such
process weight and maximum allowable particulate emission per hour shall
be interpolated accordingly.
(d) (1) In equipment used in a manufacturing process, 0.10 grain for
each standard cubic foot of exhaust gas.
(2) In equipment used in a manufacturing process and installed
subsequent to the effective date of this Regulation, 0.05
grain for each standard cubic foot of exhaust gas.
(e) (1) In all stationary or travel asphalt plants, located within
the boundaries of the Agency on March 13, 1968, 0.10 grain for
each standard cubic foot of exhaust gas.
-168-
-------
(2) For all stationary or travel asphalt plants, installed within
the boundaries of the Agency after March 13, 1968, 0.05 grains
for each standard cubic foot of exhaust gas; provided that
travel asphalt plants within the boundaries of the Agency on
March 13, 1968, moving anywhere within the boundaries of the
Agency, 0.10 grain per each standard cubic foot of exhaust
gas; provided further that any travel asphalt plant which
was within the boundaries of the Agency on March 13, 19.68,
and subsequently moved outside the boundaries of the Agency,
and then returned within the boundaries of the Agency, 0.05
grains for each standard cubic foot of exhaust gas.
(f) Procedures for source sampling performed in connection with the
standards of the Regulation for particulates and gases shall be
done using current Environmental Protection Agency requirements
where applicable and available, otherwise by using procedures
and definitions adopted by the Board after public hearing or such
procedures mutually agreed upon by the Board or the Control Officer
and the equipment owner. A copy of said procedures and definitions
shall be kept on file in the office of the Authority for examina-
tion by interested persons.
(2.0) SECTION 9.11 EMISSION OF AIR CONTAMINANT OR WATER VAPOR;
DETRIMENT TO PERSON OR PROPERTY
(a) It shall be unlawful for any person to cause or permit the
emission of an air contaminant or water vapor, including an air
contaminant whose emisssion is not otherwise prohibited by this
Regulation, if the air contaminant or water vapor causes detriment
to the health, safety or welfare of any person, or causes damage
to property or business.
(b) Nothing in this Regulation shall be construed to impair any cause
of action or legal remedy therefor of any person, or the public
for injury or damages arising from the emission of any air con-
taminant in such place, manner or concentration as to constitute
air pollution or a common law nuisance.
(50.6) SECTION 9.12 ODOR AND NUISANCE CONTROL MEASURES
(a) Effective control apparatus and measures shall be installed and
operated to reduce odor-bearing gases or particulate matter emitted
into the atmosphere to a reasonable minimum. •
(b) The Board or Control Officer may establish reasonable requirements
that the building or equipment be closed and ventilated in such
a way that all the air, gases and particulate matter are effective-
ly treated for removal or destruction of odorous matter or other
air contaminants before emission to the atmosphere.
-169-
-------
(2.0) SECTION 9.13 EMISSION OF AIR CONTAMINANT: CONCEALMENT AND MASKING
RESTRICTED'
(a) It shall be unlawful for any person to willfully cause or permit
the installation or use of any device or use of any means which,
without resulting in a reduction in the total amount of air con-
taminant emitted, conceals an emission of air contaminant which
would otherwise violate Section 9.03 through 9.12 of this Article.
(b) It shall be unlawful for any person to cause or permit the installa-
tion or use of any device or use of any means designed to mask
the emission of an air contaminant which causes detriment to health,
safety or welfare of any person.
(50.1) SECTION 9.15 PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE
(a) It shall be unlawful for any person to cause or permit particulate
matter to be handled, transported or stored without taking reason-
able precautions to prevent the particulate matter from becoming
airborne.
(b) It shall be unlawful for any person to cause or permit a building
or its appurtenances or a road to be constructd, altered, repaired
or demolished without taking reasonable precautions to prevent
particulate matter from becoming airborne.
(c) It shall be unlawful for any person to cause or permit untreated
open areas located within a private lot or roadway to be maintained
without taking reasonable precautions to prevent particulate matter
from becoming airborne.
(7.0) SECTION 9.16 REPORT OF BREAKDOWN
Emissions exceeding any of the limits established by this Regualtion as
a direct result of unavoidable upset conditions or unavoidable and un-
foreseeable breakdown of equipment or control apparatus shall not be
deemed in violation provided the following requirements are met:
(1) The upset or breakdown is immediately reported to the Agency.
(2) The person responsible shall upon the request of the Control Officer
submit a full report including the known causes and the preventive
measure to be taken to minimize or eliminate a re-occurrence.
-170-
-------
(50.3) SECTION 9.17 EMISSION OF NITROGEN OXIDES
It shall be unlawful for any person engaged in the manufacture of
nitric acid to emit nitrogen oxides, calculated as nitrogen dioxide,
which exceed the following:
(a) 5.5 pounds per ton of 100 percent nitric acid produced; or
(b) A concentration of nitrogen oxides, as measured in the flue, of
400 ppm.
ARTICLE 11
(4.0) AMBIENT AIR QUALITY STANDARDS
AND
CONTROL MEASURES REQUIRED
(2.0) SECTION 11.01 AIR QUALITY CONTROL MEASURES
In areas where all ambient air quality standards as set forth in
Regulation I are being met, the objective of the Board is to require
that the best available control technology be employed by all sources
to minimize degradation of the air quality of the area. Ambient air
quality standards are not to be construed to encourage degradation.of
existing ambient air quality. All definitions and sampling procedures
shall conform to current Environmental Protection Agency requirements
where applicable and availabe, otherwise by using procedures and de-
finitions adopted by the Board after public hearing.
(a) When any of the air quality standards set forth in Regulation I
are exceeded, the Control Officer or Board shall use all necessary
ways and means to reduce such concentrations and to establish a
time schedule so that these standards are met within the shortest
reasonable time.
(b) When the Board has reason to believe that the air quality standards
set forth in Regulation I may be exceeded in an area, the Board
shall use all ways and means necessary to assure that such
standards are met.
(c) Ways and means shall include, but not be limited to, the following:
(1) The setting by the Board of specific emission standards, per-
formance standards, or other source control measures more
stringent than the minimum standards set forth in Article 9
-171-
-------
of Regulation I;
(2) The application by the Board of source emission density
limitations on existing and future sources of an area;
(3) The application of any or all other sections of Regulation
I or powers of the Board to set time tables, enforce standards
or otherwise obtain compliance with this section.
(4.1) SECTION 11.03 AMBIENT AIR QUALITY STANDARDS; SUSPENDED PARTICULATE
The suspended particulate concentration in the ambient air, averaged
over any twenty-four (24) hour period, shall not exceed:
(1) 60 micrograms per cubic meter of air (60/ig/m3) annual geometric
mean.
(2) 100 micrograms per cubic meter of air (100/ig/m3) for more than
fifteen (15) per cent of the samples collected in any calendar
month. .
(3) 150 micrograms per cubic meter of air (150;ug/m3) not to be exceed-
ed more than once per year.
(4.1) SECTION 11.05 AIR QUALITY STANDARDS: PARTICLE FALLOUT
(a) The particle fallout rate measured at primary air mass station,
ground level monitoring station, or special station shall not exceed:
(1) Ten grams per square meter per month (10 g/m^/mo) in an indus-
trial area; or
(2) Five grams per square meter per month(5 q/m2/mo) in an indus-
trial area if visual observations show a presence of wood waste
and the volatile fraction of the sample exceeds seventy-percent
(70%).
(3) Five grams per square meter per month (5 g/m2/mo) in residential
areas, commercial areas; or
(4) Three and one-half grams per square meter per month (3.5 g/m2/
mo) in residential and commercial areas if visual observations
show the presence of wood waste and the volatile fraction of
the sample exceeds seventy-percent (70%).
-172-
-------
(b) Unless otherwise specifically indicated, all definitions,
sampling procedures and other standards shall conform with Chapter
18-44-WAC, as now or hereafter amended, of the Washington State
Department of Ecology.
(4.5) SECTION 11.06 AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE
The carbon monoxide concentration measured in the ambient air shall not
exceed:
(1) 10 milligrams per cubic meter of air (10 mg/m3) or nine parts
per million (9 ppm) maximum 8-hour concentration not to be exceeded
more than once per year.
(2) 40 milligrams per cubic meter of air (40 mg/m3) or thirty-five
parts per million (35 ppm) maximum one-hour concentration not to
be exceeded more than once per year.
(4.6) SECTION 11.07 AMBIENT AIR QUALITY STANDARDS: PHOTOCHEMICAL OXIDANTS
The photochemical oxidant concentration measured in the ambient air shall
not exceed 160 micrograms per cubic meter of air (160>ug/m3) or eight
one-hundredths parts per million (0.08 ppm) maximum one-hour concentration
not to be exceeded more than once per year.
(4.3) SECTION 11.08 AMBIENT AIR QUALITY STANDARDS: NITROGEN DIOXIDE
The nitrogen dioxide concentration measured in the ambient air shall not
exceed 100 micrograms per cubic meter of air (100/ig/m3) or five one
hundredths parts per million (0.05 ppm) annual arithmetic mean.
(4.4) SECTION 11.09 AMBIENT AIR QUALITY STANDARDS: HYDROCARBONS
The hydrocarbon concentration measured in the ambient air shall not
exceed 160 micrograms per cubic meter of air (160>ug/m3) or twenty-four
one hundredths parts per million (0.24 ppm) maximum 3-hour concentration
not to be exceeded more than once per year.
-173-
-------
ARTICLE 12
(10.0) STANDARDS OF PERFORMANCE
(13.0) SECTION 12.01 REPORTING AND MONITORING REQUIRED
As may be provided by law or regulation, the Board or Control Officer
may require the owner or operator of any air contaminant source to
install, use and maintain emission monitoring equipment; to sample
emissions in accordance with methods prescribed by the Board or Control
Officer; to establish and maintain records of emissions; and to make
periodic emission reports.
-174-
-------
REGULATION I
of the
DOUGLAS COUNTY AIR POLLUTION CONTROL COMMISSION
' 7 Lt
-------
ARTICLE V
(2.0) EMISSION STANDARDS AND PREVENTIVE MEASURES
(51.13) SECTION 5.01 OPEN FIRES
It shall be unlawful for any person to ignite, cause to be ignited,
permit to be ignited, suffer,alllow or maintain any open fire within
the jurisdiction of the Commission, except for the following:
(1) One small fire may be permitted on the premises of one and two
family dwellings for the purpose of burning natural vegetation, wood
waste, and waste paper accumulated on the premises unless such fires
are restricted by the Commission, muncipality, county or other
authorized agency.
(2) Fires set for religious ceremonies, recreational purposes and the
cooking of food for human consumption, provided no nuisance is
created.
(3) Fires from flares, torches and waste gas burners.
(4) A Fire Chief, Fire Marshal or head of a local fire district may
authorize a fire for:
(a) The disposal of dangerous materials, provided no alternative
means of disposal is reasonably available.
(b) The prevention of a fire hazard, provided no alternate means of
prevention is reasonably available.
(c) Instruction in the method of fighting fires or testing of fire-
resistive materials and fire-protective equipment.
(5) After January 1, 1973, commercial open burning will be permitted
within one mile of any incorporated town or city only after obtaining
a permit from the Commission. After. July 1, 1975, no commercial
open burning shall be conducted in any area of the county unless
a permit has been secured from the Commission. Permits will not be
issued unless the applicant can demonstrate that practical alternate
methods of disposal are not available and that good combustion
practice shall be followed to minimize emissions. Burning conducted
under the provision of Chapter 81-12-050 WAC (Department of Natural
Resources - Smoke Management Plan) is exempt from this subsection.
-175-
-------
(6) Fires consisting of residue of a natural character such as trees,
stumps, shrubbery or other natural vegetation, arising from land
clearing projects or agricultural pursuits for pest or disease con-
trol, shall be allowed within the jurisdiction of the Commission;
provided that a burning permit is first obtained from the fire
district having jurisdiction over the land on which the fire is to
to located. In the case of land not under the jurisdiction of a
local fire district permits may be obtained from the office of the
Douglas County Auditor in Waterville or the Douglas County Air
Pollution Control office in East Wenatchee.
(a) The Commission reserves the power to set time limits each
year when burning for land clearing operations may be
permitted.
(b) The Commission reserves the power to prohibit open burning in
those areas having a general population density of one thousand
(1,000) or more persons per square mile.
(7) The following material shall not be burned in any open fire: tires,
asphaltic products, crankcase oil or petroleum wastes, plastics,
garbage, dead animals or any material that normally emits black
smoke or obnoxious odors except upon order of a duly authorized
health officer or agricultural disease control officer, diseased
animals and other infested material may be burned as required to
prevent spreading of the infestation.
(8) If if becomes apparent at any time to the Control Officer that
limitations need to be imposed to reduce smoke and prevent air
pollution and/or protect property and the health safety and com-
fort of a persons from the effects of the burning, the Board, the
Control Officer or his authorized agent shall notify the permittee
and .any limitation so imposed shall be treated as the conditions
under which the permit is issued.
-176-
-------
REGULATION I
GRANT COUNTY CLEAN AIR AUTHORITY
-------
ARTICLE V
(2.0) EMISSION STANDARDS AND PREVENTIVE MEASURES
(51.13) SECTION 5.01 OPEN FIRES
It shall be unlawful for any person to ignite, cause to be ignited,
permit to be ignited, suffer, allow or maintain any open fire within
the jurisdiction of the Authority, except for the following:
(1) A small fire to last no more than 3 hours in a 24-hour period may
be permitted on the premises of one and two family dwellings for the
purposes of burning natural vegetation, wood waste, and waste paper
accumulated on the premises unless such fires are restricted by the
Authority, municipality, county or other authorized agency.
(2) Fires set for religious ceremonies, recreational purposes and the
cooking of food for human consumption, provided no nuisance is
created.
(3) Fires from flares, torches and waste gas burners.
(4) A Fire Chief, Fire Marshal or head of a local fire district, after
notification of the Control Officer, may authorize a fire for:
(a) The disposal of dangerous materials, provided no alternate
means of disposal is reasonably available.
(b) The prevention of a fire hazard, provided no alternate means
of prevention is reasonably available.
(c) Instruction in the method of fighting fires or testing of
fire-resistive materials and fire-protective equipment.
(5) Commercial open burning will be permitted within one mile of any
incorporated town or city of Grant County or in any area disignated
as a no-burn area only after obtaining a permit from the Authority.
After July 1, 1975, no commercial open burning shall be conducted
in any area of the county unless a permit has been secured from
the Authority. Permits will not be issued unless the applicant can
demonstrate that practical alternate methods of disposal are not
available and that good combustion practice shall be followed to
minimize emissions and/or effects of emissions. Burning conducted
under the provisions of Chapter 18-12-050 WAC (Department of
Natural Resources - Smoke Management Plan) is exempt from this
subsection.
-177-
-------
(6) No person may use open burning for the purpose of metal salvage
operations without securing a permit from the Authority.
(7) The Authority may hold public hearings to establish and set
boundaries for no-burn areas. Hearings for the establishment of
no-burn areas shall be conducted upon receipt of a petition from
100 residents within the affected area of the county or an incorporat-
ed community or upon a request from the governing body of any town
or of the county.
(8) All agricultural burning, including burning of weeds and cereal
stubble shall be prohibited except as authorized by permit from the
Authority; except this restriction shall not apply to fires of
one acre or less set for the purpose of destroying obnoxious weeds
or crop residue along fence rows, ditches, waterways and in cultivat-
ed fields; providing that such fires shall be subject to provisions
of Section 5.01, subsection (11) and that burning procedures shall
be used to insure good combustion and to minimize smoke and adverse
effects on air quality and that such fires are used only to dispose
of natural vegetation grown at the site or transported to the site
by natural means.
Permits will be issued only:
(a) When burning is necessary to control disease or insect
infestation, alternate measures are not available, and the
county extension agent or other recognized agricultural
expert so advises, or
(b) When suitable evidence is presented that no other practical
means of disposal of the material to be burned is available, or
(c) For fire prevention when alternate methods of disposal are not
available; and
(d) When weather conditions are deemed suitable by the Control
Officer.
(9) The following material shall not be burned in any open fire: tires,
asphaltic products, crankcase oil or petroleum wastes, plastics,
garbage, dead animals or any material that normally emits black
smoke or abnoxious odors unless prior authorization has been granted
by the Authority. Upon order of a duly authorized health officer and
when authorized by the Authority, deceased animals and other infected
material may be burned as required to prevent spreading of the
infection.
-178-
-------
(10) If it becomes apparent at any time to the Control Officer that
limitations need to be imposed to reduce smoke and prevent air
pollution and/or protect property and the health, safety and
comfort of persons from the effects of the burning, the Board, the
Control Officer or his authorized agent shall notify the permittee
and any limitation so imposed shall be treated as conditions under
which the permit is issued.
(11) No open fires shall be ignited during any stage of an air pollution
episode; and any person or entity responsible for an open fire
shall immediately proceed to extinguish such fire when notified of
the existence of an air pollution episode. At the forecast stage,
fires shall be extinguished by withholding of any additional fuel
to the fires. At the alert stage, fires must be extinguished as
quickly as possible by whatever means are best suited to this end.
-179-
-------
REGULATION 1
SOUTHWEST AIR POLLUTION CONTROL AUTHORITY
-------
REGULATION 1
ARTICLE I
(1.0) (2.0) POLICY, SHORT TITLE AND DEFINITIONS
(2.0) SECTION 1.01 POLICY
(a) The Southwest Air Pollution Control Authority, consisting of the
counties of Clark, Cowlitz, Lewis, Skamania, and Wahkiakum, having
formed pursuant to RCW 70.94 as amended, adopts the following Regula-
tion to control the emission of air contaminants from sources within
the jurisdiction of the Authority; to provide for the uniform
administration and enforcement of this Regulation; and to carry out
the requirements and purposes of RCW 70.94 as amended.
(b) It is hereby declared to be the public policy of the Southwest Air
Pollution Control Authority to maintain such a reasonable degree
of purity of the air as will protect human health and safety and to
the greatest degree practicable, prevent injury to plant and animal
life or to property and be consistent with the economic and in-
dustrial wellbeing of the territory of the Authority.
(2.0) SECTION 1.02 NAME OF AUTHORITY
The name of the multicounty air pollution control authority comprised of
the activated or inactivated air pollution control authorities of
Clark County, Cowlitz County, Lewis County, Skamania County and Wahkiakum
County shall be known as the "Southwest Air Pollution Control Authority".
(2.0) SECTION 1.03 SHORT TITLE
This regulation may be known and cited as "Regulation 1 of the Southwest
Air Pollution Control Authority".
(1.0) SECTION 1.04 GENERAL DEFINITIONS:
When used in Regulation 1, of the Southwest Air Pollution Control Authority:
Agriculture Operation means the growing of crops, the raising of fowl, or
animals, as a gainful occupation.
Air Contaminant means dust, fumes, mist, smoke, other particulate matter,
vapor, gas, odorous substance, or any combination thereof.
Air Pollution means the presence in the outdoor atmosphere of one or more
air contaminants in sufficient quantities and cf such characteristics and
duration as is or is likely to be injurious to human health, plant or animal
life or property, or which unreasonably interferes with enjoyment of life
and property.
-180-
-------
Ambient Air means the air that surrounds the earth excluding the general
volume of gases contained within any building or structure.
Authority means the Southwest Air Pollution Control Authority.
Board means the Board of Directors of the Southwest Air Pollution Control
Authority.
Combustion means the rapid exothermic reaction of any material with oxgen.
Combustible Refuse means any burnable waste material containing carbon in
a free or combined state other than liquid or gases.
Emission means the act of passing into the ambient air, an air contaminant;
or the material so passed to the ambient air.
Fire Department means fire control agency such as city fire departments,
local fire districts or the Washington State Department of Natural
Resources.
Flue means any duct or passage for air, gases or the like, such as a stack
or chimney.
Garbage means refuse, animal or vegetable matter as from a kitchen, restau-
rant, or a store.
Incineration Operation means any operation in which burning of conbustible
refuse is carried on for the principal purpose, or with the principal
result, or oxidizing a waste material to reduce its bulk and or facilitate
disposal.
Multi-Chamber Incinerator means any article, machine, contrivance, structure
or part of a structure, used to dispose of combustible refuse by burning,
consisting of three or more refractory lined combustion furnaces in series,
physically separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary for
maximum combustion of a material to be burned.
Open Fire means combustion of combustible material of any type outdoors,
in the open, not in any enclosure, where the products of combustion are
not directed through a flue.
Operation means any physical action resulting in the change in the location,
form or physical properties of a material, or any chemical action resulting
in a change in the chemical composition.or chemical or physical properties
of a material.
-181-
-------
Particulate Matter means any material, except uncombined water; which
exists in a finely divided form as a liquid or solid at standard ambient
conditions.
Person means and includes any individual, firm, public or private
corporation, association, partnership, political subdivision, municipality
or governmental agency.
Salvage Operation means any operation where burning of combustible
materials is carried on for the principle purpose of the removal of sal-
vable noncombustible material for profit.
Standard Ambient Conditions means gas temperature at 70 degrees
Fahrenheit and gas pressure at 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 a pressure of 14.7 P.S.I.A. and a temperature of 60
degrees F.
-182-
-------
ARTICLE II
(2.0) GENERAL PROVISIONS
(15.0) SECTION 2.01 CONTROL OFFICER - POWERS AND DUTIES:
(a) The Control Officer shall observe and enforce the provisions of state
law and all orders, ordinances, resolutions or rules and regulations
of the Authority pertaining to control and prevention of air pollution
in accordance with the policies of the Board of Directors. (Section
30, of Chapter 238 - RCW 70.94.170.)
(b) Whenever the Control Officer has reason to believe that any provision
of state law or any regulation relating to the control or prevention
of air pollution has been violated, he may cause written notice to be
served upon the alleged violator or violators. The notice shall
specify the provision of state law or the regulation alleged to be
violated, and the facts alleged to constitute a violation thereof,
and may include an order that necessary corrective action be taken
within a reasonable time. In lien of an order, the Control Officer
may require that the alleged violator or violators appear before
the Board for a hearing at a time and place specified in the notice
given at least fifteen days prior to such hearing and answer the
charges complained of. (Section 34 of Chapter 238 - RCW 70.94.211)
(c) In place of an order or hearing, the Control Officer may, after service
of a notice of violation and expiration of a reasonable period of
time without correction, request the prosecuting attorney in the
county where the violation occurred to prosecute a criminal action
against the violator. (Section 34 of Chapter 238 - RCW 70.94.211)
(d) The Control Officer may obtain from any person subject to the
jurisdiction of the Authority such information or analysis as will
disclose the nature, extent, quantity or degree of air contaminants
which are or may be discharged by such source, and type or nature of
control equipment in use, when such information or analysis is
available or reasonably capable of being assembled.
(e) The Control Officer may engage, at the Authority's expense, qualified
individuals or firms to make independent studies and reports as to
the nature, extent, quantity, or degree of any air contaminants which
are or may be discharged from any source.
(f) For the purpose of investigating conditions specific to the control,
recovery or release of air contaminants into the atmosphere, the
Control Officer or his duly authorized representative shall have the
power to enter at reasonable times upon any private or public property,
with the permission of the owner or his duly authorized representative,
-183-
-------
or without permission if in possession of a search warrant
authorizing the search of the premises.
(g) If during the course of an inspection the Control Officer or his
duly authorized representative desires to obtain a sample or air
contaminant, fuel, process material or other material which affects
or may affect the emission of air contaminants, he shall notify
the owner or lessee of the time and place of obtaining a sample so
the owner or lessee has the opportunity to take a similar sample
at the same time and place and the Control Officer or his duly
authorized representative shall give a receipt to the owner or lessee
for the sample obtained.
(16.0) SECTION 2.02 ORDERS AND HEARINGS:
(a) Any Order issued by the Board or by the Control Officer, which is
not proceeded by a hearing, shall become final unless, no later than
twenty days after the date the Notice and Order are served, the
person aggrieved by the Order petitions for a hearing before the
Board. Upon receipt of the petition, the Board shall hold a hearing
pursuant to Chapter 34.04 RCW as now or hereinafter amended.
(b) If, after a hearing held as a result of a petition to the Authority
by a person aggrieved by an order, the Board finds that a violation
has occurred or is occurring, it shall affirm or modify the order
previously issued, or if the finding made is that no violation has
occurred or is occurring, the order shall be rescinded. If, after
a hearing held in lieu of an order, the Board finds that a violation
has occurred or is occurring, it shall issue an appropriate order
or orders for the prevention, abatement or control of the emissions
involved or for the taking of such other corrective actions as may
be appropriate. Any order issued as part of a notice or after hearing
may prescribe the date or dates by which the violation or violations
shall cease and may prescribe timetables for necessary action in
preventing, abating, or controlling the emissions.
(c) Any hearing held under this section shall be conducted in accordance
with the rules of evidence as set forth in RCW 34.04.100 as now or
hereinafter amended.
(16.0) SECTION 2.04 STATUS OF ORDERS ON APPEALS:
(a) Any order of the Control Officer or the Board shall be stayed pend-
ing final determination of any hearing or appeal taken in accordance
with the provisions herein, unless after notice and hearing, the
superior court shall determine that an emergency exists which is of
such nature as to require that such order be in effect during the
pendency of such hearing or appeal.
-184-
-------
(b) Nothing in this regulation shall prevent the Control Officer or
Board from making efforts to obtain voluntary compliance through
warning, conference or any other appropriate means.
(2.0) SECTION 2.05 SERVICE OF NOTICE
(a) Service of any written notice required by this regulation shall be
made on the owner or lessee of equipment, or his agent, as follows:
(1) Either by mailing the notice in a prepaid envelope directed to
the owner or lessee of the equipment, or his agent at the ad-
dress listed on his application or order, or registration cer-
tificate or at the address where the equipment is located, by
United States Certified Mail, return receipt requested; or
(2) By leaving the notice with the owner or lessee of the equipment,
or his agent, or if the owner or lessee is not an individual,
with a member of the partnership or other group concerned, or
with an officer or managing agent of the corporation.
(b) Service of any written notice required by this regulation shall be
made on the Authority as follows:
(1) Either by mailing the notice in a prepaid envelope direct to
the Authority at its office by United States Certified Mail,
return receipt requested; or
(2) By leaving the notice at the Authority Office with an employee
of the Authority.
(2.0) SECTION 2.06 ADVISORY COUNCIL
The duties of the Advisory Council shall be to advise the Board of the
proper type of general regulations and standards for adoption within the
jurisdiction of the Authority.
All recommendations for the adoption or modification of regulations of
general import or emission standards shall be submitted to the Advisory
Council sufficiently in advance of any Board action on the recommendations
in order that the Advisory Council might advise and consult with the
Board on the recommendations.
(5.0) SECTION 2.07 VARIANCES
Any person who owns or is in control of any plant, building, structure,
establishment, process or equipment including a group of persons who owns
or controls like processes or like equipment may apply to the Board for a
variance from the rules or regulations governing the quality, nature,
-185-
-------
or extent of discharges of air contaminants. The application shall be
accompanied by such information and data as the Board may require. The
hearing held hereunder shall be conducted in accordance with the rules of
evidence as set forth in RCW 34.04.100 as now or hereinafter amended. The
Board may grant such variance, but only after public hearing on due notice
and in conformity with RCW 70.94.181 of the 1967 Washington Clean Air Act
as amended.
(2.0) SECTION 2.08 SEVERABILITY
If any phrase, clause, subsection or section of this regulation shall be
declared unconstitutional or invalid by any court of competent jurisdiction,
it shall be conclusively presumed that the Board of Directors would have
enacted this regulation without the phrase, clause, subsection or section
so held unconstitutional or invalid and the remainder of the regulation
shall not be affected as a result of said part being held unconstitutional
or invalid.
(15.0) SECTION 2.09 PENALTY
Any person, firm, corporation, association or public agency who violates
any provision of this regulation shall be guilty of a gross misdemeanor
and upon conviction thereof shall be punished by a fine of not less than
One Hundred Dollars nor more than One Thousand Dollars, or by imprison-
ment for a term of not more than one year or by a fine and imprisonment
for each separate violation. Each day upon which such violation occurs
shall constitute a separate violation.
(15.0) SECTION 2.10 CIVIL PENALTY
In addition to or as an alternate to any other penalty provided herein or
by law, any person who violates any of the provisions of this regulation
shall incur a penalty in the form of a fine in an amount not to exceed
Two Hundred Fifty Dollars per day for each violation. Each such violation
shall be a separate and distinct offense, and in case of a continuing
violation, each day's continuance shall be a separate and distinct
violation.
Each act of commission or ommission which procures, aids or abets in the
violation shall be considered a violation under the provisions of this
section and subject to the same penalty. The penalty shall become due and
payable when the person incurring the same receives a Notice in writing
from the Control Officer or his representative of the Authority describing
the violation with reasonable particularity and advising such person that
the penalty is due unless a request is made for a hearing to the Board.
The hearing shall be conducted pursuant to the provisions of Chapter 34.04
RCW. If the amount is not paid to the Board within fifteen days after
-186-
-------
receipt of notice imposing the same, and a request for a hearing has
not been made, the attorney for the Authority shall bring action to
recover such penalty in the Superior Court of the County in which the
violation occurred. All penalties recovered under this section shall
be put into the treasury of the Authority and credited to its funds.
To secure the penalty incurred under this section, the Authority shall
have a lien on any vessel used or operated in violation of this regulation
which shall be enforced as provided by RCW 60.36.050.
-187-
-------
ARTICLE III
(2.0) NOTICES OF CONSTRUCTION AND ORDERS OF APPROVAL
(2.0) SECTION 3.01 NOTICE OF CONSTRUCTION - WHEN REQUIRED:
(a) No person shall construct, install or establish a new air contaminant
source, except those sources excluded in Section 4.08, of this
regulation, without first filing with the Authority a "Notice of
Construction and Application for Approval", on forms prepared and
furnished by the Authority; provided that, for the purposes of this
Article alterations which will have significant effect on the emission
of air contaminants, shall be construed as construction or installa-
tion or establishement of a new contaminant source.
(b) A Notice of Construction and Application for Approval shall not be
required to commence an alteration of equipment or control apparatus
in the event of breakdown or if delaying the alteration may endanger
life or have other serious consequences. The Authority shall be
notified in writing of the alteration on the first working day after
the alteration is commenced and a Notice of Construction and
Application for Approval shall be filed within fourteen (14) days
after the day the alteration is commenced.
(c) A separate Notice and Application shall be submitted for each unit of
equipment or control apparatus, unless identical units of equipment
or control apparatus are to be installed, constructed or established
in an identical manner on the same premises; provided that, the owner
has the option to give notice and apply for approval of a process with
detailed inventory of contaminant sources and emission related to
said process.
(3.0) SECTION 3.02 INFORMATION REQUIRED FOR NOTICE OF CONSTRUCTION AND
APPLICATION FOR APPROVAL:
(a) Each Notice of Construction and Application for Approval for the
construction, installation or establishment of a new air contaminant
source, as above described, shall be accompanied by two sets of plans
which show and describe the following:
(1) The equipment or control apparatus covered by the Notice and
Application;
(2) Any equipment connected, attached to, or serving or served by the
unit of equipment or control apparatus covered by the Notice and
Application;
-188-
-------
(3) A plot plan, including the distance and height of buildings
within a reasonable distance from the place where the equipment
is or will be installed;
(4) The proposed means for the prevention or control of the emissions
of air contaminant, including sufficient information to judge
the effectiveness of the control system.
(5) Additional information, evidence or documentation may be required
by the Board or the Control Officer to show that the proposed
equipment or control apparatus will meet the emission standards
as now or hereinafter set by the Board.
(6) Each Notice of Construction and Application for Approval shall
be signed by the applicant or owner, who may be required to sub-
mit evidence of his authority.
(2.0) SECTION 3.03 ISSUANCE OF APPROVAL OR ORDER:
(a) Within thirty (30) days of receipt of Notice of Constuction and
Application for Approval, the Board or Control Officer shall issue an
Approval of Constuction, or an Order that the construction, installa-
tion or establishment of a new air contaminant source will not be in
accord with the applicable emissions standards as are in effect
at the time of filing the Notice of Construction and Application for
Approval.
(b) No approval will be issued unless the information supplied as required
by Subsection 3.02 (a) evidences to the Board or the Control Officer
that:
(1) The equipment is designed and will be installed to operate
without causing a violation of the emission standards.
(2) The equipment incorporates advances in the art of air pollution
control developed for the kind and amount of air contaminant
emitted by the equipment.
(3) Equipment having a stack or duct 3 feet or more in diameter will
be provided with:
(i) Sampling ports of a size, number and location as the Autho-
rity may require; and
(ii) Safe access to each port; and
(iii) Such other reasonable sampling and testing facilities as the
-189-
-------
Board or Control Officer may require.
(4) Fuel burning equipment and refuse burning equipment will
achieve optimum combustion of the fuel or refuse material to
be burned.
(5) All parts of the equipment can be readily cleaned or repaired.
(c) If the Board or Control Officer determines that the construction,
installation or establishment of a new air contaminant source will
meet the emission standards, the Board or Control Officer shall,
within thirty (30) days of the receipt of the Notice and Application,
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
references to the emission standards that will not be met by
the proposed construction, installation or establishment;
(3) The Order shall be signed by the Control Officer or his
authorized representative.
(d) Any Order issued pursuant to this seciton shall become final unless,
no later than fifteen (15) days after the date the Order is served
pursuant to Section 2.05, of this regulation, the owner or applicant
petitions for a reconsideration of the Order, with reasons for the
reconsideration.
(1) The Board or Control Officer shall consider the petition, and
shall within thirty (30) days give written notice of disapproval
of the petition setting forth the reasons for disapproval.
(2) If the petition of the owner or applicant be disapproved, the
owner or applicant may petition the Board for a hearing within
fifteen (15) days of receipt of the notice of disapproval
and proceed under the procedure as set forth in Section 2.02 and
2.03 of this regulation.
(e) Failure to issue such an order or approval within the time prescribed
herein shall be deemed a determination that the construction,
installation or establishment may proceed,provided that it is in
accordance with the plans, specifications or other information, if
any, required to be submitted. Such failure, however, shall not
-190-
-------
relieve any person from his obligation to comply with any emission
control requirement, or with any other provision of law.
(2.0) SECTION 3.04 NOTICE OF COMPLETION - ORDER OF VIOLATION:
(15.0)
(a) The owner or applicant shall notify the Board or Control Officer of
the completion of construction, installation or establishment and
the date upon which operation will commence. The Board or Control
Officer shall, within thirty (30) days of receipt of notice of
completion, inspect the construction, installation or establishment,
and the Board or Control Officer may issue an Order of Violation if
he finds that the construction, installation or establishment is not
in accord with the plans, specifications or other information submit-*
ted to the Authority, and will be in violation of the emission stand-
ards in existence at the date the order was issued.
(b) Upon receipt of an Order of Violation, the owner may appeal said
order in accordance with the provisions and procedures in Section
2.02, 2.03 and 2.04 of this regulation.
(c) The issuance of approval as provided by this Article and Section 3.03
shall not relieve the owner of the obligation to comply with the
emission standards as adopted by this Authority, or prevent the
Board or Control Officer from issuing such orders as provided by
Section 2.01, of Article 2, of this regulation.
(2.0) SECTION 3.05 CONDITIONAL APPROVAL:
/
The owner or applicant may request a conditional approval for an
experimental installation, construction or establishment and said approval
may be issued by the Board or Control Officer if it appears to the Board
or Control Officer, from all submitted information, that the installation,
construction or establishment when completed will satisfy the emission
standards adopted by the Board.
(2.0) SECTION 3.06 WAIVER OF APPROVAL PRIOR TO CONSTRUCTION:
(a) In the event that requirement for approval prior to construction
will create an undue hardship to the applicant, the applicant may
request of the Board a waiver to proceed with construction. The
application for a waiver shall explain the circumstances which will
cause such undue hardship.
(b) If a waiver is granted, the applicant shall submit a report and/or
plans and specifications for approval as soon as is reasonably practi-
cal.
-191-
-------
(c) The applicant, after a waiver is granted, proceeds with construction
at his own risk; and if after construction, modification, relocation
or installation has begun or been completed, the report and/or
plans and specifications do not meet the Board's approval, the
alterations required to effect such approval shall be made within
a reasonable time as specified by the Board.
-192-
-------
ARTICLE IV
(2.0) EMISSIONS PROHIBITED
(51.13) SECTION 4.01 OPEN FIRES:
No person shall ignite, cause to be ignited, permit to be ignited, or
suffer, allow, or maintain any open fire within the jurisdiction of the
Authority, except as provided in this Regulation.
(a) The following fires are excepted from provisions of this regulation:
(1) Fires set only for recreational purposes and cooking of food
for human consumption, provided no nuisance is created.
(2) Any fire specifically exempt under Section 42, of Chapter
238, RCW 70.94.250.
(b) Open burning may be done under permit:
(1) Application for burning permits shall be on forms provided by the
local fire department.
(2) No permit shall be issued unless the Control Officer is satisfied
that:
(i) No practical alternate method is available for the disposal
of the material to be burned.
(ii) No salvage operation by open burning will be conducted.
(iii) No garbage will be burned.
(iv) No dead animals will be disposed of by burning.
(v) No material containing asphalt, petroleum products, paints,
rubber products, plastic or any substance which normally
emits dense smoke or obnoxious odors will be burned.
(3) Any permit issued may be limited by the imposition of conditions
to:
(i) Prevent air pollution.
(ii) Protect property and the health, safety and comfort from
the effects of the burning.
-193-
-------
(4) If it becomes apparent at any time to the Control Officer
that limitations need to be imposed for any of the reasons
stated in Subsection (3) above, the Control Officer, or his
duly designated agent shall notify the permittee and any
limitation so imposed shall be treated as conditions under
which the permit is issued.
(c) Fires started in violation of this regulation shall be extinguished
by the persons responsible for the same upon notice of the Control
Officer or his duly designated agent. When the Control Officer
has knowledge of adverse conditions for the dispersement of the
by-products of combustion, an air pollution alert may be declared
voiding all permits for open fires.
(d) It shall be (prima facia) evidence that the person who owns or
controls property on which an ooen fire.orohibited by this reoula-
tion, occurs has caused or allowed said open fire.
(50.1.2) SECTION 4.02 VISUAL EMISSIONS:
(a) No person shall allow, cause, let, permit, or suffer the emission,
for more than three minutes in any hour, of a gas stream containing
air contaminants which is:
(1) Darker in shade as that designated as No. 2 on the Ringelmann
Chart as published by the United States Bureau of Mines or;
(2) Of such opacity as to obscure an observers view to a degree
equal to or greater than smoke shade No. 2 described above.
(b) When the gas stream is an emission from a boiler using hogfuel, and
an emission occurs which is due to conditions beyond the control of
the operator, the emission may be darker than that designated as
No. 2 but not as dark as that designated as No. 3 on the Ringelmann
Chart for a period of not more than six minutes in any one hour;
provided that the operator shall take immediate action to correct
the situation.
(c) No person shall allow, cause, let, permit or suffer the emission,
for more than three minutes in any one hour, of any air contaminant
darker in shade as that designated as No. 1 on the Ringelmann Chart,
from equipment other than boilers using hogfuel, installed subsequent
to the effective date of this regulation. Such equipment shall not
include air pollution control equipment or alterations and repairs
to existing facilities.
-194-
-------
(d) Where the presence of uncombined water is the only reason for the
failure of an emission to meet the limitations of subsection (a)
(2), that section shall not apply. The burden of proof which
establishes this subsection (d) shall be upon the person seeking
to come within its provisions.
(e) Subsections (a, b and c) shall not apply to any emission on the
basis of any observation of an air contaminant observed while
such contaminant is inside a bonafide building.
(f) The person taking the observation shall be a trained observer.
(g) No person shall allow, cause, let, permit or suffer the emission,
of incandescent particles of such size and nature as to be visible
individually as incandescent particles in sufficient number to
cause annoyance to any other person. This subsection (g) shall only
apply if such particles fall on real property other than that of the
' person responsible for the emission.
(h) Exceptions are as follows:
(1) Temporarily due to breakdown of equipment, provided that repairs
are promptly made.
(2) During the time for compliance with this regulation fixed by
the Control Officer or the Board.
(i) Subsections (a, b and c) of section 4.02 shall not apply
to any emission containing 0.2 grains or less particulate
matter per standard cubic foot of gas.
(51.9) SECTION 4.03 INCINERATOR BURNING:
No person shall allow any incineration operation within the Authority's
jurisdiction except in a multi-chamber incinerator and provided with
emission control apparatus, or in equipment found by the Control Officer,
or his designated agent, in advance of such use to be equally effective
for the purpose of air pollution control under this regulation.
(51.9) SECTION 4.04 INCINERATION HOURS:
(a) No person shall cause, allow, let, permit or suffer the operation of
an incinerator at any time other than daylight hours of the same day,
except with approval of the Control Officer.
-195-
-------
(b) Approval of the Control Officer for the operation of such equipment
may be granted upon the submission of a written request giving:
(1) The name and address of the applicant.
(2) The location of the incinerator.
(3) A description of the incinerator and its control apparatus.
(4) Good cause for issuance of such approval.
(5) The hours, other than daylight hours, during which the
applicant seeks to operate the equipment.
(6) The length of time for which the exception is sought.
(50.6) SECTION 4.05 ODOR CONTROL MEASURES:
(a) Effective control apparatus and equipment shall be installed and
operated to reduce odor-bearing gases or particulate matter emitted
into the atmosphere to a reasonable minimum, so as not to create
air pollution.
(b) The Board may establish reasonable requirements that the building
or equipment be closed and ventilated in such a way that all the
air, gases, and particulate matter are effectively treated for
removal or destruction of odorous matter or other air contaminants
before emission to the ambient air.
(50.1) SECTION 4.06 PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE:
(a) No person shall cause, let, allow, permit or suffer particulate
matter to be handled, transported, or stored without taking reason-
able precautions to prevent air pollution.
(b) No person shall cause, let, allow, permit or suffer a building or
its appurtenances or a road to be constructed, altered, repaired
or demolished without taking reasonable precautions to prevent air
pollution.
(c) No person shall cause, let, allow, permit, or suffer untreated open
areas located within a lot or roadway to be maintained without taking
reasonable precautions to prevent air pollution.
-196-
-------
(7.0) SECTION 4.07 REPORT OF BREAKDOWN:
Emissions exceeding the limits set by this regulation as a direct result
of unavoidable upset conditions or unavoidable and unforeseeable
breakdown of equipment or control apparatus shall not be deemed in
violation provided that:
(1) The upset or breakdown is reported to the Authority as soon
as possible.
(2) The person responsible shall upon the request of the Control
Officer make a full report outlining the known causes and the
preventive measures to be taken to minimize or prevent a
reoccurrence.
(2.0) SECTION 4.08 EXCEPTIONS:
The following equipment is excepted from this regulation:
(1) Vehicles used to transport passengers or freight.
(2) Fuel burning equipment used exclusively in connection with any
structure which structure is designed for and used exclusively
as a dwelling for not more than four families.
(3) Equipment used exclusively for space heating other than boilers.
(4) Internal combustion engines.
-197-
-------
REGULATION 2
ARTICLE I
(1.0)
(2.0) POLICY, SHORT TITLE AND DEFINITIONS
(2.0) SECTION 1.01 POLICY
(a) The Southwest Air Pollution Control Authority, consisting of the
Countries of Clark, Cowlitz, Lewis, Skamania, and Wahkiakum, having
formed pursuant to RCW 70.94 as amended, adopts the following
Regulation to control emission of air contaminants from source within
the jurisdiction of the Authority; to provide for the uniform
administration and enforcement of this Regulation; and to carry
out the requirements and purposes of RCW 70.94 as amended.
(b) It is hereby declared to be the public policy of the Southwest
Air Pollution Control Authority to maintain such a reasonable degree
of purity of the air as will protect human health and safety and to
the greatest degree practicable, prevent injury to plant and animal
life or to property and be consistent with the economic and industrial
well being of the territory of the Authority.
(2.0) SECTION 1.02 NAME OF AUTHORITY:
The name of the multicounty air pollution control authority comprised
of the activated or inactivated air pollution control authorities of
Clark County, Cowlitz County, Lewis County, Skamania County and Wahkiakum
County shall be known as the "Southwest Air Pollution Control Authority".
(2.0) Section 1.03 SHORT TITLE:
This Regulation may be known and cited as "Regulation 2 of the Southwest
Air Pollution Control Authority".
(1.0) SECTION 1.04 GENERAL DEFINITIONS:
When used in Regulation 2 of the Southwest Air Pollution Control Authority:
Air Contaminant means dust, fumes, mist, smoke, other particulate matter,
vapor, gas, odorous substance, or any combination thereof.
Air Pollution means the presence in the outdoor atmosphere of one or more
air contaminants in sufficient quantities and of such characteristics and
duration as is, or is likely to be, injurious to human health, plant, or
animal life, or property; or which unreasonably interferes with enjoyment
of life and property.
-198-
-------
Ambient Air means the air that surrounds the earth excluding the general
volume of gases contained within any building or structure.
Ambient Air Standard means an established concentration, exposure time
and frequency of occurrence of a contaminant or multiple contaminants in
the ambient air which shall not be exceeded.
Authority means the Southwest Air Pollution Control Authority.
Board means the Board of Directors of the Southwest Air Pollution Control
Authority.
Control Apparatus means any equipment which has the primary function of
regulation or controlling the emisssions from a process, fuel burning, or
refuse burning equipment and thus reduces the formation of or the emission
of air contaminants into the atmosphere, or both.
Emission means the act of passing into the ambient air, an air contaminant;
or the material so passed.
Emission Standard means limitation on the release of a contaminant or
multiple contaminants to the ambient air.
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.
Month means for reporting analyses of outdoor air on a monthly rate,
calculated to a base of thirty days.
Odor means that property of a substance which allows its detection by the
sense of smell.
Particle Fallout Rate means the amount of particulate matter by weight
which settles out of the air per unit area in a given length of time.
Particulate Matter means any material, except uncombined water; which
exists in a finely divided form as a liquid or solid at standard ambient
conditions.
Persons means and includes any individual, firm, public or private corpora-
tion, association, partnership, political subdivision, municipality or
governmental agency.
-199-
-------
ppm means (Parts Per Million) parts of a contaminant per million parts
of air by volume.
Primary Air Mass Station means a type of station designed to measure
contamination in an air mass, to represent a relatively broad area.
Primary Ground Level Monitoring Station means stations designed to provide
information on contaminant concentrations near the ground and provide data
valid for the immediate area only.
Process Equipment means any equipment or device for changing, storing,
or handling of any materials, and all appurtenances thereto, including
ducts, stacks, etc.
Process Weight means total weight of the materials consumed or charged
in any specific process including moisture content and solid fuels
charged, but excluding liquid and gaseous fuels and combustion air.
Refuse Burning Equipment means any article, machine, contrivance,
structure or part of a structure, used to dispose of combustible refuse
by burning.
Sampling means a process consisting of the withdrawal or isolation of a
fractional part of a whole. In air or gas analysis, the separation of a
portion of stack emissions or an ambient atmosphere with or without the
simultaneous isolation of selected components.
Standard Ambient Conditions means the gas temperature at 70 degrees
Farenheit and gas pressure at 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 at a pressure of 14.7 P.S.I.A. and a temperature
of 60° degrees F.
Suspended Particulates means those airborne particulates collected on
8" x 10" sheets of flash-fired glass fiber filter web of given porosity
using a high-volume air sampler.
Volatile Matter means the gaseous constituent of a solid or a liquid,
released at specific temperatures.
-200-
-------
ARTICLE II
M5°0) GENERAL PROVISIONS, SEVERABILITY AND PENALTY
(2.0) SECTION 2.01 GENERAL PROVISIONS:
The general provisions cited in Sections 2.01, 2.02, 2.03, 2.04, 2.05,
2.06 and 2.07 of Regulation 1 shall apply to Regulation 2.
(2.0) SECTION 2.02 SEVERABILITY:
If any phrase, clause, subsection or section of this Regulation shall
be declared unconstitutional or invalid by any court of competent
jurisdiction, it shall be conclusively presumed that the Board of Directors
would have enacted this Regulation without the phrase, clause, subsection
or section so held unconstitutional or invalid and the remainder of
the Regulation shall not be affected as a result of said part being held
unconstitutional or invalid.
(15.0) SECTION 2.03 PENALTY:
Any person, firm, corporation, association or public agency who violates
any provision of this Regulation shall be guilty of a gross misdemeanor
and upon conviction thereof shall be punished by a fine of not less than
One Hundred Dollars nor more than One Thousand Dollars, or by imprisonment
for a term of not more than one year or by fine and imprisonment for
each separate violation. Each day upon which such violation occurs shall
constitute a separate violation.
(15.0) SECTION 2.04 CIVIL PENALTY:
In addition to or as an alternate to any other penalty provided herein
or by law, any person who violates any of the provisions of this Regulation
shall incur a penalty in the form of a fine in an amount not to exceed
Two Hundred Fifty Dollars per day for each violation. Each such violation
shall be separate and distinct offense, and in case of a continuing
violation, each day's continuance shall be a separate and distinct viola-
tion.
Each act of commission or omission which procures, aids or abets in the
violation shall be considered a violation under the provisions of this
section and subject to the same penalty. The penalty shall become due
-201-
-------
and payable when the person incurring the same receives a Notice in
writing from the Control Officer or his representative of the Authority
describing the violation with reasonable particularity and advising such
person that the penalty is due unless a request is made for a hearing
to the Board. The hearing shall be conducted pursuant to the provisions
of Chapter 34.04 RCW. If the amount is not paid to the Board within
fifteen days after receipt of Notice imposing the same, and a request
for a hearing has not been made, the attorney for the Authority shall
bring action to recover such penalty in the Superior Court of the county
in which the violation occurred. All penalties recovered under this
section shall be put into the treasury of the Authority and credited to
its funds.
To secure the penalty incurred under this section, the Authority shall
have a lien on any vessel used or operated in violation of this Regula-
tion which shall be enforced as provided by RCW 60.36.050.
(14.0) SECTION 2.05 CONFIDENTIAL INFORMATION:
Whenever any records or other information furnished to or obtained by
the Authority relate to processes or production unique to the owner or
operator, or are likely to affect adversely the competitive position of
such owner or operator if released to the public or to a competitor, and
the owner or operator of such processes or production so certifies such
records or information shall be only for the confidential use of the
Authority. No member of the Board of Directors shall have access to any
confidential information in which he may, in the opinion of the Board,
have a conflict of interest.
(2.0) SECTION 2.06 EXCLUSION:
When a specific regulation controlling a particular type or class of
air contaminant source has been adopted on a statewide basis by the
Washington State Air Pollution Control Board, such source or sources shall
be excluded from this Regulation.
-202-
-------
ARTICLE III
(3.0) REGISTRATION
(3.0) SECTION 3.01 REGISTRATION REQUIRED:
All air contaminant sources and related control apparatus within the
jurisdiction of the Authority shall be registered with the Authority
upon request.
(3.0) SECTION 3.02 GENERAL REQUIREMENTS FOR REGISTRATION:
(a) Registration of an air contaminant source and related control
apparatus shall be made by the owner or lessee of the source, or
his agent, on forms furnished by the Authority.
(b) A separate registration shall be required for each air contami-
nant source; provided that, an owner has the option to register a
process with a detailed inventory of air contaminant sources and
emissions related to the process; 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) Each registration shall be signed by the owner or lessee, or his
agent. The owner of the source shall be responsible for the
registration and the correctness of the information submitted.
(2.0) SECTION 3.03 AIR CONTAMINANT SOURCES EXCLUDED:
The following air contaminant sources are excluded from the require-
ments of Section 3.01:
(a) Internal combustion engines.
(b) Fuel burning equipment used exclusively in connection with any
structure, which structure is designed for and used exclusively
as a dwelling for not more than four families.
(c) Equipment used exclusively for space heating other than boilers.
(d) Vehicles used to transport passengers or freight.
-203-
-------
ARTICLE IV
(4-°) AMBIENT AIR STANDARDS
(2.0) SECTION 4.01 INTRODUCTION:
Ambient air standards as established by the Authority shall be used
in determining the effectiveness of the emission standards adopted in
Article V of Regulation 2. When an ambient air standard is exceeded the
Authority shall evaluate the related emission standard and make any needed
changes in the emission standards.
(4.2) SECTION 4.02 SULFUR DIOXIDE:
Sulfur dioxide concentrations in the ambient air, measured at a primary
ground level monitoring station, shall not exceed:
Concentration
Parts Per Million Averaging Frequency of
By Volume Time Occurrence
0.75 ppm 15 minutes Once in any 8 hour period.
0.5 ppm 1 hour Once in any 4 consecutive
days.
0.1 ppm 24 hours Once in any 30 consecutive
days.
0.05 ppm 30 days Unlimited.
(4.1) SECTION 4.03 PARTICULATE MATTER:
(a) Suspended particulate concentrations in the ambient air measured at
a primary air mass station shall not exceed:
(1) Seventy micrograms per cubic meter for more than fifty percent
(50%) of the samples taken in any calendar year.
(2) One hundred micrograms per cubic meter for more than fifteen
percent (15%) of the samples in any calendar month.
-204-
-------
(b) The particle fallout concentrations measured at any station shall not
exceed:
(1) Ten grams per square meter per month in an industrial area
provided that if visual observation shows a presence of wood
waste and the volatile fraction of the sample exceeds seventy
percent (70%) the level shall not exceed five grams per square
meter per month.
(2) Five grams per square meter per month in residential and commer-
cial areas provided that if visual observations show a presence
of wood waste and the volatile fraction of the sample exceeds
seventy percent (70%) the level shall not exceed three and
one-half grams per square meter per month.
-205-
-------
ARTICLE V
(50.0) EMISSION STANDARDS
(50.2) SECTION 5.01 EMISSION OF SULFUR DIOXIDE:
(a) No person shall allow, cause, let, permit, or suffer the emission
of an air contaminant from any source, except as provided in this
Regulation, which contains, as measured in the stack, gaseous sulfur
compounds containing oxygen, calculated as sulfur dioxide, of more
than 1500 parts per million by volume.
Tests for determining compliance with Section 5.01 (a) shall be based on
integrated samples collected over a period of not less than fifteen
(15) consecutive minutes or ninty percent (90%) of the actual source
operation, whichever is less.
(b) Emissions of gaseous compounds containing oxygen, calculated as
sulfur dioxide, which exceed 1500 parts per million by volume shall
not be in violation of this Regulation provided that:
(1) Such emissions shall not result in ambient concentrations
exceeding the limits established by Section 4.02 of this
Regulation.
(2) The person responsible for such emission shall notify the
Authority in writing, prior to such emission , of his intent
. to operate under provisions of Subsection (b). Such notice
shall include information as to the location of all signifi-
cant emission points, the location of the primary ground level
monitoring stations required by this Subsection (b), and a
description of the operations related to each such emission.
(3) The person responsible for the emission shall establish
at least three primary ground level monitoring stations in
the area surrounding the source, equipped with continuous
sulfur dioxide recorders and operated in a manner approved
by the Board or Control Officer.
(4) The person responsible for the emissions shall provide to the
Authority a summary of the data obtained at these stations
during each calendar month. The summary shall be in such detail
as will show the degree of compliance with Section 4.02 and
the time, location, extent, and duration of any recorded
concentration in excess of the provisions of Section 4.02.
-206-
-------
(50.1)
Included in the summary must be a detailed report of
instrument performance and maintenance. The report shall
be submitted within the calendar month immediately succeeding
the recording of the data.
(5) The person responsible for the emission shall keep for a period
of at least one year all records gathered as a result of this
Subsection (b) and shall make it available to the Authority at
its request.
(6) Instrument records shall be examined at intervals no greater
than every seven days to determine compliance with Section 4.02.
Any recorded concentrations in excess of Section 4.02 shall be
reported to the Authority within the next normal working day
after such examination.
(7) Whenever the records indicate that concentrations in excess of
Section 4.02 have occurred, the person responsible for the
emission shall furnish such evidence that proper action has been
taken to prevent recurrence, or a violation of Section 5.01 (b)
will be deemed to have occurred and the source will be regulated
by Section 5.01 (a). When instrument records are not adequate
to show compliance with Section 4.02 the Authority may specify
the Schedule to be followed for producing a satisfactory record
history.
(c) In fuel burning equipment, emissions of gaseous sulfur compounds
containing oxygen, calculated as sulfur dioxide, of more than 1500
parts per million but less than 2000 parts per million by volume
shall not be in violation of this Regulation when required to use a
secondary energy source.
SECTION 5.02 EMISSION OF PARTICULATE MATTER:
No person shall discharge from any single source particulate matter which
exceeds the following concentrations at the point of discharge:
(a) In fuel or refuse burning equipment 0.10 grain for each standard
cubic foot of exhaust gas calculated to twelve percent (12%) carbon
dioxide.
-207-
-------
(b) In fuel burning equipment utilizing hog-fuel 0.20 grain for each
standard cubic foot of exhaust gas calculated to twelve percent
(12%) carbon dioxide.
(c) In fuel burning equipment utilizing natural gas as primary energy
source, 0.30 grain for each standard cubic foot of exhaust gas
calculated to twelve percent (12%) carbon dioxide when required to
use a secondary energy source.
(d) In equipment used in a manufacturing process, 0.10 grain for each
standard cubic foot of exhaust gas.
(e) In hot mix asphalt plants dust or condensed fumes in excess of
40 pounds per hour.
(f) The requirements of Section 5.02 shall be measured by the methods
for dust reporting apparatus as in current use as outlined in the
Code for dust separating apparatus of the American Society of
Mechanical Engineers or in accordance with modified procedures
mutually agreed upon by the equipment owner and the Authority. A
copy of said Code shall be kept on file in the Office of the
Authority.
(50.6) SECTION 5.03 EMISSION OF ODOROUS GASES:
(a) No person shall allow, cause, let, permit or suffer the emission
of odorous gases from any source, except as provided in this "
Regulation, in such concentration as to cause a public nuisance or
exceed:
(1) A scentometer No. 0 odor strength or equivalent dilution in
residential and commercial areas.
(2) A scentometer No. 2 odor strength or equivalent dilution in
all other land use areas.
-208-
-------
SCENTOMETER READINGS
Scentometer Concentration Range
No. No. of Thresholds
0 >1 to <£"2
1 2*2 to <-8
2 > 8 to ^_32
3 >32 to<128
4 >128
(b) A violation of Section 5.03 shall have occurred when two measure-
ments made within a period of one hour, separated by at least 15
minutes, off the property surrounding the air contaminant source
exceeds the limitations of Subsection (a).
(c) When the source is a manufacturing process no violation of Subsection
(a) shall have occurred provided that the highest and best practicable
treatment and control currently available shall be provided in order
to maintain the lowest possible emission of odorous gases.
(50.7) SECTION 5.04 EMISSION OF FLUORIDES:
(a) No person shall cause, let, permit or suffer the emission of
elemental or chemically combined fluorine which, when combined with
emissions of other sources, cause the following standards to be
exceeded.
1) In forage, the fluoride content calculated on a dry weight basis:
Concentration _ Frequency
Fluoride ion (F ) Of
Parts Per Million Occurrence
40 ppm F~ Yearly average of
monthly samples.
60 ppm F~ No more than two con-
secutive monthly samples.
80 ppm F~ No more than one month in
two consecutive months.
-209-
-------
(2) In the ambient air, gaseous fluoride calculated as hydrogen
fluoride by volume:
Concentration Frequency of
Parts Per Billion Occurrence
4.5 ppb Average for 12
consecutive hours.
3.5 ppb Average for 24
consecutive hours.
2.0 ppb Average for 7
consecutive days.
1.0 ppb Average for 30
consecutive days.
(b) All sampling and analysis required by Section 5.04 shall be
accomplished following the standard methods established by the
Washington State Air Pollution Control Board. All sampling to
measure compliance with Section 5.04 shall be conducted in areas
and during time appropriate to protect vegetation and livestock
away from the property controlled by the air contaminant source.
(2.0) SECTION 5.05 CONCEALMENT AND MASKING OF AIR CONTAMINANTS:
(a) No person shall willfully allow, cause, let, permit or suffer the
installation or use of any device or use any other means, which with-
out resulting in a reduction in the total amount of air contaminant
emitted, conceals an omission of an air contaminant which would other-
wise violate Section 5.01 through 5.04 of this Article, without
written consent of the Control Officer.
(b) No person shall allow, cause, let, permit or suffer the installation
or use of any device or use of any means designed to mask the
emission of an air contaminant which causes detriment to health,
safety or welfare of any person.
(6.0) SECTION 5.06 TIME FOR COMPLIANCE:
(a) Air contaminant sources, within the jurisdiction of the Authority,
existing at the time of adoption of this Regulation shall have a
reasonable time for compliance.
-210-
-------
(b) A Schedule of Compliance shall be submitted to the Board for
approval upon request such that the source will be under a
Schedule of Compliance within 90 days of the date of request.
(c) The Schedule of Compliance shall include each of the following:
(1) Time for engineering.
(2) Time for procurement.
(3) Time for fabrication.
(4) Time for installation and adjustment.
(d) The Authority may require such periodic reports on each phase of
progress toward compliance as may be necessary to show reasonable
progress toward compliance. Failure at any phase to make reasonable
progress toward completion of such installations as are required for
final compliance shall be deemed an unreasonable delay in compliance.
The Authority may require that the person responsible" appear before
the Board to explain the delay and show cause why abatement action
should not be started.
(7.0) SECTION 5.07 REPORT OF BREAKDOWN:
Emissions exceeding the limits set by this Regulation as a direct result
of unavoidable upset conditions or unavoidable and unforseeable breakdown
of equipment of control apparatus shall not be deemed in violation provided
that:
(a) The upset or breakdown is reported to the Authority as soon as
possible.
(b) The person responsible shall upon the request of the Control Officer
make a full report outlining the known causes and the preventive
measures to be taken to minimize or prevent a recurrence.
(2.0) SECTION 5.08 BREACH OF AGREEMENT TO DISCONTINUE VIOLATION:
When the Board has accepted an assurance of discontinuance of any act or
practice deemed in violation of this Regulation from any person engaging
in, or who has engaged in, such act or practice, and such assurance did
specify a time limit during which such discontinuance was to be accom-
plished; failure to perform the terms of such agreement shall constitute
prima facie proof of a violation of this Regulation.
-211-
-------
(2.0) SECTION 5.09 EXCEPTION:-
When a specific regulation controlling emissions from a source or source
category has been established within the Authority's jurisdictional
area, those sources shall be excepted from compliance to Sections 5.01
through 5.08 of this Regulation.
-212-
-------
REGULATION 1
OLYMPIC AIR POLLUTION CONTROL AUTHORITY
-------
ARTICLE 1
(1.0)
(2.0) POLICY, SHORT TITLE AND DEFINITIONS
(2.0) SECTION 1.01 POLICY
The Olympic Air Pollution Control Authority, consisting of the counties
of Clallam, Grays Harbor, Jefferson, Mason, Pacific, and Thurston, having
formed pursuant to Chapter 70.94 RCW, as amended, adopts the following
Regulation to control the emission of air contaminants from sources
within the jurisdiction of the Authority; to provide for the uniform
administration and enforcement of this Regulation; and to administer the
requirements and purposes of Chapter 70.94 RCW, as amended.
It is hereby declared to be the public policy of the Olympic Air Pollution
Control Authority to secure and maintain such levels of air quality as
will protect human health and safety; and, to the greatest degree practi-
cable, prevent injury to plant and animal life and to property; and be
consistent with the social, economic and industrial well-being of the
territory of the Authority.
(2.0) SECTION 1.03 NAME OF AUTHORITY
The name of the multicounty air pollution control authority comprised of
the activated or inactivated air pollution control authorities of Clallam
County, Grays Harbor County, Jefferson County, Mason County, Pacific
County, and Thurston County shall be known and cited as the "Olympic Air
Pollution Control Authority."
(2.0) SECTION 1.05 SHORT TITLE
This Regulation may be known and cited as "Regulation 1 of the Olympic
Air Pollution Control Authority."
(1.0) SECTION 1.07 DEFINITIONS
When used in regulations of the Olympic Air Pollution Control Authority,
the following definitions shall apply:
Agricultural Operation means the growing of crops, the raising of fowl or
animals as a gainful occupation.
Air Contaminant means dust, fumes, mist, smoke, other particulate matter,
vapor, gas, odorous substance, or any combination thereof.
-213-
-------
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.
Alteration means any addition to or enlargment or replacement; or any
major modification or change of the design, capacity, process or arrange-
ment; 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.
Authority means the Olympic Air Pollution Control Authority.
Board means the Board of Directors of the Olympic Air Pollution Control
Authority.
Combustible Refuse means any burnable waste material containing carbon
in a free or combined state other than liquid or gases.
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.
Daylight Hours means the hours between official sunrise and official sun-
set.
Emission means a release into the outdoor atmosphere of air contaminants.
Emission Point means the location (place in horizontal plane and vertical
elevation) at which an emission enters the atmosphere.
Equipment means any stationary or portable device, or any part thereof,
capable of causing the emission of any air contaminant into the atmosphere.
Fire Chief means a County Fire Marshal, City Fire Chief, Chief of each
County Fire Protection District or his authorized representative, or
authorized forestry officials from the Washington State Department of
Natural Resources.
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 equip-
ment, 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.
-214-
-------
Garbage means refuse, animal or vegetable matter as from a kitchen,
restaurant or store.
Hog-Fuel means wood slabs, edgings, trimmings, etc., which have been
put through a "hog" to reduce them to a uniform small size, and also in-
cludes 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 quantitites
of discharge are substantially the same.
Incineration Operation means any operation in which burning of combustible
refuse occurs for the principal purpose, or with the principal result, of
oxidizing a waste material to reduce its bulk and/or facilitate disposal.
Incinerator means a furnace for the destruction of waste.
Multiple-Chamber Incinerator means any article, machine, contrivance,
structure or part of a structure, used to dispose of combustible refuse
by burning, consisting of three or more refractory-lined combustion
furnaces in series, physically separated by refractory walls, inter-
connected by gas passage ports or ducts and employing adequate design
parameters necessary for maximum combustion of a material to be burned.
Opacity means the degree to which an emission reduces the transmission
of light and obscures the view of an object in the background.
Open Fire means a fire where any material is burned in the open or in a
receptacle other than furnace, incinerator or kiln.
Owner means and includes the person who owns, leases, supervises or
operates the equipment or control apparatus.
Particulate Matter means any liquid, other than water, or any solid
which is so finely divided as to be capable of becoming windblown or be-
ing suspended in air or other gas or vapor.
Person means and includes any individual, firm, public or private cor-
poration, association, partnership, politcal subdivision, municipality
or governmental agency.
Refuse means waste as defined in Section 1.07 of this Regulation.
-215-
-------
Refuse Burning Equipment means equipment designed to burn refuse,
rubbish or waste material.
Regulation means any regulation, or any subsequently adopted additions or
amendments thereto, of the Olympic Air Pollution Control Authority.
Ringelmann Smoke Chart means the Ringelmann Smoke Chart with instruction
for use, as published by the United States Bureau of Mines. (Information
Circular 8833).
Rubbish means waste as defined in Section 1.07 of this Regulation.
Salvage Operation means any operation conducted in whole or in part
for the salvaging or reclaiming of any product.
Stack means duct, chimney, flue or conduit arranged for the emission into
the outdoor atmosphere of air contaminants.
Standard Ambient Conditions means gas temperature at 60 degrees Fahrenheit
and gas pressure at 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 a pressure of 14.7 P.S.I.A. and a temperature of 60
degrees F.
State Act means the Washington Clean Air Act, Chapter 70.94 RCW, as
amended.
Waste means unproductive, worthless, useless or rejected material.
-216-
-------
ARTICLE 3
(2.0) GENERAL PROVISIONS
(2.0) SECTION 3.01 CONTROL OFFICER - POWERS AND DUTIES
(a) The Control Officer shall observe and enforce the provisions of
state law and all orders, ordinances, resolutions or rules and
regulations of the Authority pertaining to control and prevention
of air pollution in accordance with the policies of the Board
of Directors.
(b) Whenever the Control Officer has reason to believe that any provi-
sion of state law or any regulation relating to the control or
prevention of air pollution has been violated, he may cause written
• notice to be served upon the alleged violator or violators. The
notice shall specify the provision of state law or the regulation
alleged to be violated and the facts alleged to constitute a
violation thereof and may include an order that necessary correc-
tive action be taken within a specified time. In lieu of an order,
the Control Officer may require that the alleged violator or
violators appear before the Board for a hearing, at a time and olace
specified in the notice, given at least twenty (20) days prior to
such hearing, and answer the charges.
(c) The Control Officer and/or his qualified agents may make any in-
vestigation or study which is necessary for the purpose of enforcing
this Regulation or any amendment thereto or controlling or reducing
the amount or kind of air contaminant.
(d) The Control Officer may obtain from any person subject to the juris-
diction of the Authority such information or analysis as will disclose
the nature, extent, quantity or degree of air contaminants which are
or may be discharged by such source and type or nature of control
equipment in use.
(e) For the purpose of investigating conditions specific to the control,
recovery or release of air contaminants into the atmosphere, the
Control Officer or his duly authorized representative shall have the
power to enter upon any private or public property, with the permis-
sion of the owner or his duly authorized representative.
-217-
-------
(f) If during the course of an inspection, the Control Officer or his
duly authorized representative desires to obtain a sample of air
contaminant, fuel, process material or other material which affects
or may affect the emission of air contaminants, he shall notify
the owner or lessee of the time and place of obtaining a sample so
the owner or lessee has the opportunity to take a similar sample
at the same time and place; and the Control Officer or his duly
authorized representative shall give a receipt to the owner or
lessee for the sample obtained.
(g) The Control Officer may engage, at the Authority's expense and with
Board approval, qualified individuals or firms to make independent
studies and reports as to the nature, extent, quantity or degree of
any air contaminants which are or may be discharged from any source.
(14.0) SECTION 3.03 CONFIDENTIAL INFORMATION
Whenever any records or other information furnished to or obtained by
the Authority, pursuant to any sections in Chapter 70.94 RCW, relate to
processes or production unique to the owner or operator or are likely to
affect adversely the competitive position of such owner or operator
if released to the public or to a competitor, and the owner or operator
of such processes or production so certifies, such records or information
shall be only for the confidential use of the Authority.
(2.0) SECTION 3.05 INTERFERENCE OR OBSTRUCTION
No person shall willfully interfere with or obstruct the Control Officer
or any Authority employee in performing any lawful duty.
(2.0) SECTION 3.07 FALSE OR MISLEADING STATEMENTS
No person shall willfully make a false or misleading statement to the Board
or its representative as to any matter within the jurisdiction of the Board.
(2.0) SECTION 3.09 UNLAWFUL REPRODUCTION OR ALTERATION OF DOCUMENTS
No person shall reproduce or alter or cause to be reproduced or altered
any order, registration certificate or other paper issued by the Authority
if the purpose of such reproduction or alteration is to evade or violate
any provision of this Regulation or any other law.
(2.0) SECTION 3.11 DISPLAY OF ORDERS, CERTIFICATES AND OTHER NOTICES:
REMOVAL OR MUTILATION PROHIBITED
(a) Any order or registration certificate required to be obtained by this
-218-
-------
Regulation shall be available on the premises designated on the
order or certificate.
(b) In the event that the Authority requires a notice to be displayed,
it shall be posted. No person shall mutilate, obstruct or remove
any notice unless authorized to do so by the Board or the Control
Officer.
(16.0) SECTION 3.13 ORDERS AND HEARINGS
Repealed by Resolution No. 18, adopted by the Board of Directors on
March 3, 1971.
(16.0) SECTION 3.15 APPOINTMENT OF HEARING OFFICER
(a) In all instances where the Board is permitted or required to hold
hearings under the provisions of Chapter 70.94 RCW, such hearings
shall be held before the Board; or the Board may appoint a hearing
officer, who shall be an attorney admitted to practice in the state.
(b) A duly appointed hearing officer shall have all the powers, rights and
duties of the Board relating to the conduct of hearings.
(c) At the conclusion of a hearing at which he has presided, the hear-
ing officer shall prepare written findings of fact and conclusions
of law and a recommended decision. Parties to the proceedinq shall be
notified of the proposed decision as provided in RCW 34.04.110
through 34.04.120, as now or hereafter amended.
(16.0) SECTION 3.17 APPEALS FROM BOARD ORDERS
Any order issued by the Board or the Control Officer, with or without
a hearing, shall become final, unless, no later than thirty (30) days
after the order or decision of the Pollution Control Authority or Control
Officer was communicated to the appealing party, an appeal is taken to the
Pollution Control Hearings Board of the State of Washington, pursuant to
RCW 43.21B and WAC 371.08, as now or hereafter amended.
(2.0) SECTION 3.19 STATUS OF ORDERS ON APPEALS
(a) Any order of the Control Officer or the Board shall be stayed
pending final determination of any hearing or appeal taken in
accordance with the provisions herein unless, after notice and
hearing, the superior court shall determine that an emergency
exists which is of such nature as to require that such order be in
effect during the pendancy of such hearing or appeal.
-219-
-------
(b) Nothing in this Regulation shall prevent the Control Officer or
Board from making efforts to obtain voluntary compliance through
warning, conference or any other appropriate means.
(2.0) SECTION 3.21 SERVICE OF NOTICE
(a) Service of any written notice required by this Regulation shall
be made on the owner or lessee of equipment, or his agent, as
follows:
(1) Either by mailing the notice in a prepaid envelope directed
to the owner or lessee of the equipment, or his agent, at the
address listed on his application or order, or registration
certificate or at the address where the equipment is located,
by United States Certified Mail, return receipt requested; or
(2) By leaving the notice with the owner or lessee of the equipment,
or his agent, or if the owner or lessee is not an individual,
with a member of the partnership or other group concerned, or
with an officer or managing agent of the corporation.
(b) Service of any written notice required by this Regulation shall be
made on the Authority, as follows:
(1) Either by mailing the notice in a prepaid envelope direct to
the Authority at its office by United States Certified Mail,
return receipt requested; or
(2) By leaving the notice at the Authority office with an employee
of the Authority.
(5.0) SECTION 3.23 VARIANCES
Any person who owns or is in control of any plant, building, structure,
establishment, process or equipment may apply to the Control Officer or
the Board for a variance to exceed a specific maximum emission standard
of this Regulation for a limited period of time. The application shall
be accompanied by such information and data as the Control Officer or
Board may require. The Board may grant such variance but only after
public hearing or due notice and in accordance with the provisions
set forth in RCW 70.94.181, as now or hereafter amended. Any hearing
held pursuant to this section shall be conducted in accordance with the
rules of evidence as set forth in RCW 34,04.100, as now or hereafter-
amended.
-220-
-------
(2.0) SECTION 3.25 SEVERABILITY
If any phrase, clause, subsection or section of this Regulation shall
be declared unconstitutional or invalid by any court of competent
jurisdiction, it shall be conclusively presumed that the Board of
Directors would have enacted this Regulation without the phrase, clause,
subsection or section so held unconstitutional or invalid; and the
remainder of the Regulation shall not be affected as a result of said
part being held unconstitutional or invalid.
(15.0) SECTION 3.27 PENALTY
(a) In addition to or as an alternate to any other penalty provided
by law, any person who violates any of the provisions of the rules,
regulations, resolutions or ordinances of the Authority shall incur
a penalty in the form of a fine in an amount not to exceed two
hundred fifty dollars per day for each violation. Each such violation
shall be a separate and distinct offense; and, in case of a con-
tinuing violation, each day's continuance shall be a separate and
distinct- violation.
(b) Each act of commission or omission which procures, aids or abets
in the violation shall be considered a violation under the provisions
of this section and subject to the same penalty. The penalty shall
become due and payable when the person incurring the same receives
a notice in writing from the Control Officer of the Authority
describing the violation with reasonable particularity and advising
such person that the penalty is due unless an appeal is taken from
the imposition of said penalty pursuant to Section 3.17 of this
Regulation. If the amount of such penalty is not paid to the Board
within thirty (30) days after receipt of notice imposing the same,
and a request for a hearing has not been made, the attorney for the
Authority shall bring an action to recover such penalty in the
superior court of the county in which the violation occurred. All
penalties recovered under this section by the Authority shall be
paid into the treasury of the Authority and credited to its funds.
(c) To secure the penalty incurred under this section, the Authority shall
have a lien on any marine vessel and any portable equipment used or
operated in violation of this Regulation which shall be enforced
as provided in RCW 60.36.050.
-221-
-------
ARTICLE 5
(3-0) REGISTRATION
(3.0) SECTION 5.01 REGISTRATION REQUIRED
All air contaminant sources within the jurisdiction of the Authority
except the sources listed in Exhibit A, which is attached hereto and
made a part hereof, as now constituted or as hereafter amended, shall be
registered with the Authority.
(3.0) SECTION 5.03 GENERAL REQUIREMENTS FOR REGISTRATION
(a) Registration of an installation shall be made by the owner or
lessee of the source, or his agent, within thirty (30) days of
receipt of forms provided by the Authority. The owner of the
source shall be responsible for registration and the accuracy of
the information submitted.
(b) A separate registration shall be required for each source of con-
taminant: PROVIDED, that an owner has the option to register a
process with a detailed inventory of contaminant sources and
emissions related to said process: 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) Each registration shall be signed by the owner or lessee or the
agent for such owner or lessee.
EXHIBIT A
EXCLUSIONS ADOPTED BY THE BOARD AND ATTACHED AS ADDENDUM
(1) Air conditioning or ventilating systems not designed to remove
contaminant generated by or released from equipment.
(2) Atmosphere generators used in connection with metal heat treating
processes.
(3) Blast cleaning equipment which uses a suspension of abrasive in
liquid water.
(4) Foundry sand mold forming equipment, unheated.
(5) Fuel burning equipment which:
(i) Is used solely for a private dwelling serving four familes or
-222-
-------
less; or
(ii) Has a BTU input of not more than 400,000 BTU per hour.
(6) Fumigation vaults.
(7) Insecticide spray equipment, non-commercial.
(8) Internal combustion engines, including gas turbine and jet engines.
(9) Laboratory equipment used exclusively for chemical or physical
analyses.
(10) Laundry driers, extractors or tumblers used exclusively for the re-
moval of water from fabric.
(11) Routing, turning, carving, cutting and drilling equipment used for
metal, wood, plastics, rubber, leather or ceramics.
(12) Surface coating by use of aqueous solution or suspension.
(13) Steam cleaning equipment used exclusively for that purpose.
(14) Storage tanks, reservoirs or containers:
(i) Of a capacity of 6,000 gallons or less used for organic
solvents, diluents or thinners.
(ii) Of a capacity of 40,000 gallons or less used for liquid
fuels including gasoline, lubricating oil, tallow, vegetable
oil or wax emulsions.
(15) Vacuum cleaning systems used exclusively for office or residential
housekeeping.
(16) Vacuum producing devices used in laboratory operations and vacuum
producing devices which do not remove or convey air contaminants
from or to another source.
(17) Vents used exclusively for:
(i) Sanitary or storm drainage systems; or
(ii) Safety valves; or
-223-
-------
(iii) Storage tanks.
(18) Washing or drying equipment used for products fabricated from metal
or glass, if no volatile organic material is used in the process.
(19) Water cooling towers and cooling ponds except for barometric con-
densers.
(20) Welding, brazing or soldering equipment.
(21) Asphalt laying equipment.
-224-
-------
ARTICLE 7
(3.0) NOTICE OF CONSTRUCTION AND APPLICATION FOR APPROVAL
(2.0) SECTION 7.01 NOTICE OF CONSTRUCTION
(a) No person shall construct, install or establish a new air contami-
nant source, except those sources listed in Exhibit A of Article 5
of this Regulation without first filing with the Authority a "Notice
of Construction and Application for Approval," on forms prepared and
provided by the Authority: PROVIDED, that for the purposes of this
Article, addition to or enlargement or replacement of an air
contaminant source, or any alteration thereto, shall be construed
as construction, installation or establishment of a new air contami-
nant source.
(b) A Notice of Construction and Application for Approval shall not be
required to begin an alteration of equipment or control apparatus
if delaying the alteration may endanger life or the supplying of
essential services. The Authority shall be notified in writing of
the alteration on the first working day after the alteration is
commenced, and a Notice of Construction and Application for Approval
shall be filed within fourteen (14) days after the day the alteration
is commenced.
(c) A separate Notice and Application shall be submitted for each unit
of equipment or control apparatus, unless identical units of equip-
ment or control apparatus are to be installed, constructed or
established in an identical manner on the same premises: PROVIDED,
that the owner has the option to give notice and apply for approval
of a process with a detailed inventory of contaminant sources and
emissions related to said process.
(d) Each Notice of Construction and Application for Approval shall be
signed by the applicant or owner, who may be required to submit
evidence of his authority.
(2.0) SECTION 7.03 ADDITIONAL INFORMATION - WHEN REQUIRED
(a) The Control Officer or the Board may require, as a condition
precedent to the construction, installation or establishment of a
new air contaminant source or sources, the submission of plans,
drawings, data, specifications and such other information as is
deemed necessary in order to determine whether the equipment or
control apparatus is designed and will be installed to operate
without causing a violation of any law or regulation of the Authority.
-225-
-------
(b) After approval to construct, install or establish a new air contami-
nant source or control facility is granted, deviations from the
approved plans, drawings, data and specifications are not permissible
without first securing written approval for the changes from the
Control Officer or his authorized representative.
(2.0) SECTION 7.05 ISSUANCE OF APPROVAL OR ORDER
(a) Within sixty (60) days of receipt of Notice of Construction and
Application for Approval, the Board or Control Officer shall issue
an Approval of Construction or an Order that the construction,
installation or establishment of a new air contaminant source
will not be in accord with the applicable emissions standards as
are in effect at the time of filing the Notice of Construction and
Application for Approval.
(b) No approval will be issued unless the information required by Sec-
tion 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 a 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) Sampling ports of a size, number and location as the
Authority may require; and
(ii) Safe access to each port; and
(iii) Such other sampling and testing facilities as the Control
Officer or Board may require.
(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 regualtions of the Authority,
the Board or Control Officer shall within sixty (60) days of the
receipt fo the Notice and Application issue an Order for the preven-
tion of the construction, installation or establishment of.the.air
contaminant source or sources; and
(1) The Order shall be in writing;
-226-
-------
(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 his autho-
rized 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 this 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) Failure to issue such an order or approval within the time prescribed
herein shall be deemed a determination that the construction, installa-
tion or establishment may proceed provided that it is in accordance
with the plans, specifications or other information, if any, required
to be submitted. Such fa.ilure, however, shall not relieve any person
from his obligation to comply with any emission control requirement
or with any other provision of law.
(2.0) SECTION 7.07 NOTICE OF COMPLETION - ORDER OF VIOLATION
(a) The owner or applicant shall notify the Board or Control Officer
of the completion of construction, installation or establishment and
the date upon which operation will commence. The Board or Control
Officer shall, within thirty (30) days of receipt of notice of
completion, inspect the construction, installation or establishment;
and the Board or Control Officer may issue an Order of Violation if
he finds that the .construction, installation or establishment is not
in accord with the plans, specifications or other information sub-
mitted to the Authority and will be in violation of a law or regu-
lation of the Authority in existence at the date the order was issued.
-227-
-------
(b) Upon receipt of an Order of Violation, the owner may appeal said
order in accordance with the provisions and procedures in Section
3.17 and 3.19 of this Regulation.
(c) The issuance of approval as provided by this Article and Section
7.05 shall not relieve the owner of the obligation to comply with
the laws .or regulations as adopted by this Authority or prevent
the Board or Control Officer from issuing such orders as provided
by Section 3.01, subsection (b) of Article 3 of this Regulation.
(2.0) SECTION 7.09 CONDITIONAL APPROVAL
The owner or applicant may request a conditional approval for an ex-
perimental installation, construction or establishment and said approval
may be issued by the Board or Control Officer if it appears to the Board
or Control Officer, from all submitted information, that the installation,
construction or establishment when completed will satisfy the emissions
standards adopted by the Board.
-228-
-------
ARTICLE 9
(2.0) EMISSION PROHIBITED
(51.13) SECTION 9.01 OPEN FIRES
(a) No person shall causa or allow any open fire within the jurisdiction
of the Authority except as follows:
(1) Fires for recreation purposes, cooking of food, Indian
campfires, or the sending of smoke signals for a religious
ritual.
(2) Fires set for the disposal of waste upon premises of private
dwellings housing four familes or less, subject however, to
the following restrictions.
(i) There shall be one fire only, and it shall not exceed
four (4) feet in diameter.
(ii) The material may be burned only if it is of a location,
nature and condition to burn without emitting smoke
darker in shade than No. 3 on the Ringelmann Chart or
offensive odors or creating a nuisance.
(iii) There shall be compliance with all laws and regulations
of other governmental agencies regarding such fires.
(3) Fires from flares, torches and waste gas burners.
(4) Any fire allowed under this section is subject to the. following:
(i) No salvage operation by open burning will be conducted.
(ii) No garbage will be burned.
(iii) No dead animals will be disposed of by burning.
(iv) No material containing asphalt, petroleum products.
paints, rubber products, plastic or any substance which
normally emits dense smoke or obnoxious odors will be
burned.
(b) Open burning other than the above exceptions may be conducted only
by permit from the Control Officer or his duly designated agent.
-229-
-------
Such permits shall be issued when the Control Officer, or his duly
designated agent, is satisfied that:
(1) No practical alternate method is available for the disposal
of the material to be burned. Due consideration shall be
given to economic factors and the location at which the
material is to be burned.
(2) No salvage operation by open burning will be conducted.
(3) No garbage will be burned.
(4) No dead animals will be disposed of by burning.
(5) No material containing asphalt, petroleum products, paints,
rubber products, plastic or any substance which normally
emits dense smoke or obnoxious odors will be burned.
(c) Any permit issued may be limited by the imposition of conditions
to prevent air pollution as defined in Article 1 of this Regulation.
If it becomes apparent at any time to the Control Officer that the
limitations need to be imposed, the Control Officer, or his duly
designated agent, shall notify the permittee; and any limitations
so imposed shall be treated as conditions under which the permit
is issued.
(d) Fires started in violation of this Regulation shall be extinguished
by the persons responsible for the same upon notice of the Control
Officer or his duly designated agent. When the Control Officer
has knowledge of adverse conditions for the dispersement of the
by-products of combustion, an air pollution alert may be declared
voiding all permits for open fires.
(e) It shall be prima facie evidence that the person who own or con-
trols property on which an open fire, prohibited by this Regulation,
occurs has caused or allowed said open fire.
(f) Firemen Training: The Control Officer, or his duly authorized agent.
may allow, by permit, an open fire necessary for firemen training
(other than forest fire training) by a legally authorized fire
control agency and may authorize the burning of petroleum products
by such permit.
-230-
-------
(g) No person shall cause or allow any open fire.
(1) Containing garbage, dead animals, petroleum products,
paints, rubber products, plastics, or any substance which
normally emits dense smoke or obnoxious odors, except as
provided for in Section 9.01 (f).
(2) During a forecast, alert, warning or emergency condition as
defined in RCW 70.94.715 - State Episode Avoidance Plan.
(3) In any area which has been designated by the Board or
Control Officer as an area exceeding or threatening to
exceed state or federal ambient air quality standards or,
after July 1, 1975, state ambient air quality goals for
suspended particulate described in Chapter 18-40 WAC, which
is by this reference incorporated herein.
(50.1.2) SECTION 9.03 VISUAL EMISSIONS
(a) In equipment or facilities, including boilers using hog-fuel,
installed on or before the effective date of this Regulation, with
subsequent alterations and repairs thereto, no person shall cause
or allow the emission to the outdoor atmosphere, for more than
three (3) minutes in any one hour, of a gas stream containing air
contaminants which is darker in shade that that designated as No. 2
(40% density) on the Ringelmann Smoke Chart, as published by the
United States Bureau of Mines, or of such opacity as to obscure
an observer's view to a degree greater than smoke shade No. 2,
described above.
(b) In equipment or facilities, excluding boilers using hog-fuel,
installed subsequent to the effective date of this Regulation, no
person shall cause or allow the emission to the outdoor atmosphere
for more than three (3) minutes in any one hour of any air
contaminant darker in shade than that designated as No. 1 (20%
density) on the Ringelmann Smoke Chart or of such opacity as to
obscure an observer's view to a degree greater than smoke shade
No. 1, described above.
(c) No person shall cause or allow the emission of particles of such
size and nature as to be visible individually in sufficient
number to cause annoyance to any other person. This restriction
shall apply only if such particles fall on real property other
than that of the person responsible for the emission.
-231-
-------
(d) Observations shall be made by trained observers or by instrumenta-
tion.
(e) The only exceptions to Section 9.03 of this Regulation are as
follows:
(1) When the gas stream is an emission from a boiler using
hog-fuel, and an emission occurs which is due to unplanned
and unintentional combustion conditions, the emission may be
darker than that designated as No. 2 (40% density) but not
as dark as that designated as No. 3 (60% density) on the
Ringelmann Smoke Chart for a period of not more than six (6)
minutes in any one hour: PROVIDED, that the operator shall
take immediate action to correct the situation.
(2) For purposes of necessary soot blowing, the emission may be
darker than the above limits for a period of not more than
fifteen (15) minutes or three (3) minutes per boiler, whichever
is less, in any 8 hour period.
(3) Where the presence of uncombined water-is the only reason for
the failure of an emission to meet the limitations of this'
section, those limits shall not apply. The burden of proof in
this case shall be upon the person seeking to operate within
the provisions of this section.
(4) The limits of this section shall not apply during the time for
compliance with this Regulation fixed by the Control Officer
of the Board.
(50.1) SECTION 9.05 PARTICULATE MATTER
(a) No person shall cause or allow the emission to the outdoor atmos-
phere of particulate matter in violation of Section 9.03.
(b) In equipment or facilities installed on or before the effective
date of this Regulation, with subsequent alterations and repairs
thereto, no person shall cause or allow the emission of particulate
matter to the outdoor atmosphere from any single source, in excess
of 0.20 grains per standard cubic foot of gas (calculated to 12
percent carbon dioxide if emission is from a combustion process; and
in the case of incineration, corrected for the use of auxiliary fuel)
-232-
-------
(c) In equipment or facilities (except boilers using hog-fuel) installed
subsequently to the effective date of this Regulation, no person
shall cause or allow the emission of particulate matter to the
outdoor atmosphere from any single source in excess of 0.10 grains
per standard cubic foot of gas (calculated to 12 percent carbon
dioxide if emission is from a combustion process; and, in the case
of incineration, corrected for the use of auxiliary fuel). In
boilers using hog-fuel installed after December 3, 1969, no person
shall cause or allow the emission of particulate matter to the out-
door atmosphere in excess of 0.20 grains per standard cubic foot
of gas (calculated to 12 percent carbon dioxide), provided, how-
ever, that when uncombined water causes opacity in excess of
twenty percent (number one on the Ringelmann Smoke Chart) the owner
or operator of the source must supply valid data to show that the
concentration of particulate matter, as shown by a source test
approved by the Control Officer,is less than 0.10 grains per
standard cubic foot.
(d) No person shall cause or allow particulate matter to be handled,
loaded, transported, unloaded or stored without taking precautions
to prevent air pollution.
(e) No person shall cause or allow any construction, alteration, re-
pair, maintenance or demolition work without taking precautions to
prevent air pollution.
(51.9) SECTION 9.07 INCINERATION OPERATION .
No person shall cause or allow any incineration operation within the
Authority's jurisdiction except in a multiple chamber incinerator and
provide with emission control apparatus or in equipment found by the
Control Officer or his duly designated agent, in advance of such use to
be equally effective for the purpose of air pollution control.
(51.9) SECTION 9.09 INCINERATION HOURS
(a) No person shall cause or allow an incineration operation at any time
other than daylight hours of the same day, except with approval of the
Control Officer.
(b) Approval of the Control Officer for an incineration operation may
be granted upon the submission of a written request stating:
-233-
-------
(1) The name and address of the applicant.
(2) The location of the incinerator.
(3) A description of the incinerator and its control apparatus.
(4) Valid reason for issuance of such approval.
(5) The hours, other than daylight hours, during which the
applicant seeks to operate the equipment.
(6) The length of time for which the exception is sought.
(50.6) SECTION 9.11 ODOR CONTROL MEASURES
(a) Effective control apparatus and equipment shall be installed and
operated to reduce odor-bearing gases or particulate matter emitted
into the atmosphere to a minimum, so.as not to create air pollution.
(b) The Board may establish requirements that the building or equip-
ment be closed and ventilated in such a way that all the air, gases
and particulate matter are effectively treated for removal or
destruction of odorous matter or other air contaminants before
emission to the outdoor atmosphere.
(2.0) SECTION 9.13 EMISSION OF AIR CONTAMINANT - CONCEALMENT AND MASKING
(a) No person shall cause or allow the installation or use of any de-
vice or use of any means which, without resulting in a reduction
in the total amount of air contaminant emitted,conceals an emission
of air contaminant which would otherwise violate Sections 9.03
throught 9.11 and Section 9.19 of this Regulation.
(b) No person shall cause or allow the installation or use of any
device or use of any means designed to mask the emission of an
air contaminant which causes detriment to health, safety or
welfare of any person.
(7.0) SECTION 9.15 REPORT OF BREAKDOWN
Emissions exceeding the limits set by this Regulation as a direct
result of unavoidable, unforeseeable upset conditions and/or break-
down of equipment or control apparatus shall be reported to the
Authority within 24 hours. The person responsible shall take
-234-
-------
(2.0)
immediate action to correct the problem and, upon request of the
Control Officer, make a complete report outlining the known causes
and the preventive measures to be taken to minimize or prevent
recurrence.
SECTION 9.17 EXCEPTIONS
Repealed by Resolution No. 20, adopted by the Board of Directors on
October 6, 1971.
(50.2) SECTION 9.19 EMISSION OF SULFUR COMPOUNDS
(a) No person shall cause or allow the emission of sulfur dioxide
from any premises which will result in concentrations and frequencies
at ground level that exceed those shown in the following table:
Concentration*
0.75 ppm
0.40 ppm
TABLE I
MAXIMUM ALLOWABLE SULFUR DIOXIDE
GROUND-LEVEL CONCENTRATIONS
Averaging Time
15 Minutes
1 Hour
0.10 ppm 24 Hours
*parts per million by volume
Frequency of Occurrence
Once in any 8-hour period
Once in any 4 consecutive
days
Once in any 30 consecutive
days
-235-
-------
Emissions exceeding the limits established in this subsection (a) shall
not constitute a violation of Section 9.19 of this Regulation provided
such emissions, form the emission point to the point of any such
concentration, are on property controlled by the person responsible for
such emissions.
(b) No person shall cause or allow the emission of air contaminant if
the air contaminant, as measured in the stack, contains oxidized
sulfur compounds, calculated as sulfur dioxide, of more than 1,500
parts per million. For the purpose of this section, all gaseous
sulfur compounds containing oxygen shall be deemed to be present
as sulfur dioxide.
Tests for determing compliance with Section 9.19 (b) of this Regulation
shall be based on integrated samples collected over a period of not
less than fifteen (15) consecutive minutes or 90 percent of the time of
actual source operation, whichever is less.
(c) Emissions of sulfur compounds calculated to be in excess of 1,500
parts per million of sulfur dioxide at any emission point shall not
constitute a violation of Section 9.19 (b) of this Regulation, pro-
vided such person responsible for the emissions provides evidence
that such emissions will not cause ground-level concentrations on
adjacent property to exceed the values indicated in Section 9.19 (a)
of this Regulation.
(50.7) SECTION 9.21 FLUORIDES
(a) The following standards shall apply to forage:
(1) After sampling on a monthly basis, the yearly average fluoride
content of the forage should not exceed 40 ppm fluoride ion
(ppm F), on a dry weight basis, or exceed 60 ppm F for more than
two (2) consecutive months or exceed 80 ppm F for more than
one (1) month.
(2) In areas where cattle are not grazed continually but are fed
cured forage, as hay, for part of the year, the flurode content
of this hay shall be used as the forage fluoride content for
as many months as it is fed to establish the yearly average.
Computation of the yearly average shall take into consideration
periods when cattle may have been grazed outside the area.
-236-
-------
(3) Inasmuch as the standards set forth in paragraph (1) are
intended to protect livestock, all forage samples analyzed
to determine compliance with such standards shall be
representative of forage actually consumed by livestock in
the area. Also, in determining compliance in particular cases,
consideration shall be given to the supplemental feed of
the livestock involved.
(b) The following standards shall apply to the outdoor atmosphere:
TABLE II
MAXIMUM ALLOWABLE FLUORIDE*
GROUND-LEVEL CONCENTRATIONS
Concentration** Averaging Time
4.5 ppb 12 consecutive hours
3.5 ppb 24 consecutive hours
2.0 ppb 1 calendar week
1.0 ppb 1 calendar month
* as gaseous fluorides calculated as HF
** parts per billion by volume
-237-
-------
REGULATION I
YAKIMA COUNTY CLEAN AIR AUTHORITY
-------
YAKIMA COUNTY CLEAN AIR AUTHORITY
REGULATION I
WHEREAS, the Yakima County Clean Air Authority was created pursuant
to the provisions of the Kashington Clean Air Act, RCW 70,94; and,
WHEREAS, pursuant to the provisions of said Washington Clean Air Act
the Board of Directors of the Yakima County Clean Air Authority is
empowered to adopt, amend and repeal its own ordinances, resolutions
or rules and regulations, as the case may be, implementing the pro-
visions of RCW 70.94; and,
WHEREAS, these regulations are necessary for the health, safety and
welfare of the people of Yakima County; now, therefore,
The Board of Directors of the Yakima County Clean Air Authority hereby
adopt the following rules and regulations.
ARTICLE I
(1.0)
(2.0) POLICY, SHORT TITLE & DEFINITIONS
(2.0) SECTION 1.01 POLICY
It is declared to be the public policy of the Yakima County Clean Air
Authority to secure and maintain such levels of air quality as will
protect human health and safety; and to the greatest degree practical,
prevent injury to plant and animal life and property, foster the comfort
and convenience of the inhabitants of Yakima County, to promote the
economic and social development of Yakima County and facilitate the
enjoyment of the natural attractions therein.
(2.0) SECTION 1.02 SHORT TITLE
These rules and regulations shall be known and cited as "Regulation I
of the Yakima County Clean Air Authority".
(1.0) SECTION 1.03 DEFINITIONS
Unless a different meaning is plainly required by the context, the
following words and phrases as hereinafter used in these regulations
shall have the following meanings:
-238-
-------
Agricultural Operation - The growing of crops, the raising of fowl,
animals or bees as a gainful occupation.
Air Contaminant - Dust, fumes, mist, smoke, other particulate matter,
vapor, gas odorous substance, or any combination thereof.
Air Pollution - Presence in the outdoor atmosphere of one or more
contaminants in sufficient quantities and of such characteristics and
duration as is, or is likely to be, injurious to human health, plant
or animal life, or property, or which unreasonably interfere with enjoy-
ment of life and property.
Ambient Air - The air that surrounds the earth excluding the general
volume of gases contained within any building or structure.
Authority - The Yakima County Clean Air Authority.
Board - The Board of Directors of the Yakima County Clean Air Authority.
Control Apparatus - Any device which prevents or controls the emission of
any air contaminant.
Control Officer - The Air Pollution Control Officer of the Yakima County
Clean Air Authority, or his duly authorized agents.
Combustible Refuse - Any burnable waste material containing carbon in a
free or combined state other than liquid or gases.
Domestic Refuse - Refuse, exclusive of garbage at a property used
exclusively as a private residence or dwelling for not more than three
(3) families.
Emission - The act of releasing into the atmosphere an air contaminant
or gas stream which contains or may contain an air contaminant; or the
material released to the atmosphere.
Equipment - Any stationary or portable device or any part thereof capable
of causing the emission of any air contaminant into the ambient air.
Excess Air - The quantity of air which exceeds the theoretical quantity of
air required for complete combustion.
-239-
-------
Fire Chief - The chief of any fire department, or his duly authorized
agent.
Flue - Any duct or passage for air, gases or the like, such as a stack
or chimney.
Fog - A visible aerosol in which the dispersed phase is liquid. Formation
by condensation is usually implied, in meteorology as a dispersion of
water or ice.
Garbage - Includes putrescible animal and vegetable wastes resulting
from handling, preparation, cooking and serving food.
Hearings Board - Hearings Board created by Chapter (ESB No. 1)
Laws of 1970 1st. ex. sess.
Incinerator - A furnace for the destruction of waste, or oxidizing a
waste to facilitate disposal.
Mist - A dispersion of liquid particles, the dispersion being of low
concentration and the particle of large size. In meteorology, a light
dispersion of water droplets of sufficient size to fall.
Multiple Chamber Incinerator - Any incinerator consisting of three or
or more refactory-lined combustion chambers in series, physically
separated by refactory walls, interconnected by gas passage ports or ducts
and employing adequate design parameters necessary for maximum combustion
of the material to be burned.
Open Fire - A fire where any material is burned in the open or in a
receptacle other than a furnace, incinerator, or other equipment connected
to a stack or chimney.
Owner - Includes the person who leases, supervises or operates the equip-
ment or control apparatus.
Particle - A small discrete mass of solid or liquid matter, (general size
range from submicron to 2000 micron).
Person - Person means and includes any individual, firm, public or private
corporation, association, partnership, political subdivision, municipality
or governmental agency.
Regulation - Any regulation and subsequently adopted additions or amendments
thereto of the Regulations of the Yakima County Clean Air Authority.
Salvage Operation - An operation conducted in whole, or in part, for the
salvaging or reclaiming of any product or material.
-240-
-------
ARTICLE II
(2.0) GENERAL PROVISIONS
(2.0) SECTION 2.01 CAUSING OR PERMITTING AIR POLLUTION UNLAWFUL- EXCEPTION
Except where specified in a variance permit, as provided herein, it shall
be unlawful for any person knowingly to cause air pollution or knowingly
permit it to be caused in violation of these rules and regulations.
(2.0) SECTION 2.02 CONTROL OFFICER - POWERS AND DUTIES
(1) The Control Officer shall observe and enforce the provisions of
State Law and all orders, ordinances, resolutions or rules and
regulations of the Authority pertaining to control and prevention
of air pollution.
(2) The Control Officer or his duly authorized agent may make any
reasonable investigation or study which is necessary for the
purpose of enforcing this regulation or any amendment hereto or
controlling or reducing the amount of or kind of air contaminant.
The Control Officer shall be required to maintain appropriate
records and prepare periodic reports to the Board.
(3) For the purpose of investigating conditions specific to the control,
recovery or release of air contaminants into the atmosphere, the
Control Officer, or his duly authorized representative» shall have
the power to enter at reasonable times upon any private or public
property, excepting non-multiple unit private dwellings housing three
families, or less. No person shall refuse entry or access to the
Control Officer or his duly authorized representatives who request
entry for the purpose of inspection, and who present appropriate
credentials; nor shall any person obstruct, hamper or interfere with
such inspection.
(4) If an authorized employee of the Authority, during the course of an
inspection, desires to obtain a sample of air contaminant, fuel,
• process material or other material which affects or may affect the
emission of air contaminants, he shall notify the owner or lessee
of the time and place of obtaining a sample so the owner or lessee
has the opportunity to take a similar sample at the same time and place
and the authorized employee of the Authority shall give a receipt to
the owner or lessee for the sample obtained.
-241-
-------
(2.0) SECTION 2.03 MISCELLANEOUS PROVISIONS
(1) No person shall willfully make a false or misleading oral state-
ment to the Board as to any matter within the jurisdi.ction of the
Board.
(2) No person shall reproduce or alter or cause to be reproduced or
altered any order, registration certificate, or other paper issued
by the Authority if the purpose of such reproduction or alteration
is to evade or violate any provision of this Regulation or any
other law.
(3) Any order, or registration certificate required to be obtained
by this Regulation, shall be available on the premises designated
on the order or certificate.
(4) In the event that the Authority requires a notice to be displayed,
it shall be posted. No person shall mutilate, obstruct or remove
any notice unless authorized to do so by the Board.
(14.0) SECTION 2.04 CONFIDENTIALITY OF RECORDS AND INFORMATION
Whenever any records or other information furnished to or obtained
by the Board pursuant to this regulation relate to processes or pro-
duction unique to the owner or operator, or is likely to affect ad-
versely the competitive position of such owner or operator if released
to the public or to a competitor, and the owner or operator of such
processes or production so certifies, such records or information shall
by only for the confidential use of the State Board or Board. Nothing
herein shall be construed to prevent the use of records or information
by the State Board or Board in compiling or publishing analyses or
summaries relating to the general condition of the outdoor atmosphere:
Provided, that such analyses or summaries do not reveal any information
otherwise confidential as to the provisions of this section.
(2.0) SECTION 2.05 ADVISORY COUNCIL '
The duties of the Advisory Council shall be to advise and consult with
the Board and to advise and consult with the Control Officer in
effectuating the purposes of this Regulation. All recommendations for the
adoption or modification of regulations or emission standards shall be
submitted to the Advisory Council sufficiently in advance of any Board
action on the recommendations in order that the Advisory Council might
advise and consult with the Board, and the Control Officer, on the
recommendations.
-242-
-------
ARTICLE III
J VIOLATIONS - ORDERS AND HEARINGS
(16.0) SECTION 3.01 NOTICE OF VIOLATION - CORRECTIVE ACTION - HEARINGS
Whenever the Board or the Control Officer has reason to believe that
any provision of these regulations has been violated, the Board or
Control Officer may cause written notice to be served upon the alleged
violator or violators. The Notice shall specify the provision of these
regulations alleged to be violated, and the facts alleged to constitute
a violation thereof, and may include an order that necessary corrective
action be taken within a reasonable time. In lieu of an order, the Board
or the Control Officer may require that the alleged violator or violators
appear before the Hearings Board as provided for in Chapter ESB
No. 1) Laws of 1970 1 st ex. sess. for a hearing pursuant to the pro-
visions of Chapter 34.04 RCW as now or hereafter amended.
(2.0) SECTION 3.02 FINALITY OR ORDER - APPEAL
Any order issued by the Board or by the Control Officer shall become
final unless, such order is appealed to the Hearings Board as provided
in Chapter (ESB No. 1) Laws of 1970, 1st. ex. sess.
(2.0) SECTION 3.03 STAY OR ORDER PENDING APPEAL
Any order of the Control Officer or Board shall be stayed pending final
determination of any hearing or appeal taken in accordance with the
provisions herein, unless after notice and hearing, the Superior Court
shall determine that an emergency exists which is of such nature as to
require that such order be in effect during the pendency of such
hearing or appeal.
(2.0) SECTION 3.04 VOLUNTARY COMPLIANCE
Nothing in this chapter shall prevent the Control Officer or Board
from making efforts to obtain voluntary compliance through warning,
conference or any other appropriate means.
-243-
-------
ARTICLE IV
(3.0) REGISTRATION AND NOTICE OF CONSTRUCTION
(3.0) SECTION 4.01 REGISTRATION
(1) All air contaminant sources within the jurisdiction of the Authority
shall be registered with the Authority as hereafter set forth except
any of the air contaminant sources which are listed in Section 4.03.
(2) Registration of an installation shall be made by the owner or lessee
of the source, or his agent at such time as requested by the Con-
trol Officer or his agent on forms furnished by the Authority. The
owner or lessee of the source shall be responsible for registration
and the correctness of the information submitted.
(3) A separate registration shall be required for each source of
contaminant: Provided,, that an owner, or lessee, has the option
to register a process with a detailed inventory of contaminant
sources and emissions related to said process; and 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.
(4) Each registration shall be signed by the owner or lessee, or the
agent for such owner or lessee.
(2.0) SECTION 4.02 NOTICE OF CONSTRUCTION
(1) No person shall construct, install or establish a new air contaminant
source, except those sources excluded in Section 4.03 of this
Regulation, without first filing with the Authority a "Notice of
Construction, Installation or Establishment of New Air Contaminant
Source", on forms prepared and furnished by the Authority.
(2) Within thirty (30) days of its receipt of such notice, the Board or
Control Officer may require, as a condition precedent to the con-
struction, installation or establishment of the air contaminant
source or sources covered thereby the submission of plans, specifica-
tions, and such other information as it deems necessary in order to
determine whether the proposed construction, installation or
establishment will be in accord with these rules and regulations.
-244-
-------
(3) If within thirty (30) days of the receipt of plans, specifications
or other information required pursuant to this section, the Board
or Control Officer determines that the proposed construction, in-
stallation or establishment will not be in accord with this chapter
or the applicable ordinances, resolutions, rules and regulations
adopted pursuant thereto, it shall issue an order for the prevention
of the construction, installation or establishment of the air
contaminant source or sources. Failure of such order to issue with-
in the time prescribed herein shall be deemed a determination that
the construction, installation or establishment may proceed,
provided that it is in accordance with the plans, specifications or
other information, if any, required to be submitted.
(4) For the purpose of this chapter, addition to or enlargement or
replacement of an air contaminant source, or any major alteration
therein, shall be construed as construction, installation or
establishment of a new air contaminant source.
(5) Nothing in this section shall be construed to authorize the Board
or Control Officer to require the use of emission control equipment
or other equipment, machinery or devices of any particular type,
from any particular supplier, or produced by any particular
manufacturer.
(6) Any features, machines, and devices constituting parts or called
for by plans, specifications or other information submitted pur-
suant to Sub-Section (3) hereof shall be maintained in good
working order.
(7) The absence of an ordinance, resolution, rule or regulation, or the
failure to issue an order pursuant to this section shall not relieve
any person from his obligation to comply with any emission control
requirements or with any other provision of law.
(8) Notice of Completion - Order of Violation
The owner or applicant shall notify the Board or Control Officer
of the completion of construction, installation or establishment and
the date upon which operation will commence. The Board or Control
Officer may, within thirty days of receipt of notice of completion
inspect the construction, installation, or establishment, and the
Board or Control Officer may issue an Order of Violation if he finds
that the construction, installation, or establishment is not. in accord
with the plans, specifications or other information submitted to the
Authority, and will be in violation of the emission standards in
existence at the date the order was issued.
-245-
-------
(51.1) SECTION 4.03 ORCHARD HEATERS
It shall be the duty of all persons, firms or corporations engaged
in the business of selling orchard heating devices to report to the
Control Officer the sale of such devices to be installed or used
anywhere within the jurisdiction of the Yakima County Clean Air Authority
and it shall be the duty of every person, firm or corporation purchasing
any of said articles at the time of making such purchase to give to the
seller a statement in writing signed by such purchaser or his duly
authorized agent, setting forth a description of the devices and the
correct location of the property at which such devices are to be installed
or used.
The report herein provided for shall be in writing and be delivered or
mailed to the Control Officer within ten days after such sale and
shall contain name and address of purchaser and location of the property
at which said devices are to be installed or used.
Any person violating any of the provisions of this section or making
any false statement or report in connection with the sale of any such
articles mentioned in this section, shall be subject to the fine and
penalties hereafter provided.
The provisions of this section shall not apply to wholesale transactions
made for the purpose of resale.
Compliance with the terms of this section shall constitute notices of
construction as required in Section 4.02.
(2.0) SECTION 4.04 EXCEPTIONS TO ARTICLE IV
Neither registration nor notice of construction shall be required for the
following air contaminant sources:
(1) Air conditioning or ventilating systems not designed to remove
contaminant generated by or released from equipment.
(2) Blast cleaning equipment which uses a suspension of abrasive in
liquid water.
-246-
-------
(3) Fuel burning equipment:
(a) Is used solely for a private dwelling serving three families
or less; or
(b) Smoke house generators, provided no nuisance is created.
(4) Fumigation vaults.
(5) Insecticide and herbicide spray equipment.
(6) Internal combustion engines, including gas turbine and jet engines.
(7) Laboratory equipment used exclusively for chemical or physical
analysis.
(8) Laundry driers, extractors or tumblers used exclusively for the
removal of water from fabric.
(9) Routing, turning, carving, cutting and drilling equipment used for
metal, wood, plastics, rubber, leather or ceramics.
(10) Surface coating by use of aqueous solution or suspension.
(11) Steam cleaning equipment used exclusively for that purpose.
(12) Vacuum producing devices used in laboratory operations, and vacuum
producing devices which do not remove or convey air contaminant
from or to another source.
(13) Vents used exclusively for:
(a) Sanitary or storm drainage systems; or
(b) Safety valves; or
(c) Washing or drying equipment used for products fabricated from
metal or glass, if no volatile organic material is used in the
process.
-247-
-------
ARTICLE V
(2.0) EMISSION STANDARDS AND PREVENTIVE MEASURES
(51.13) SECTION 5.01 OPEN FIRES
(1) It shall be unlawful for any person to ignite, cause or permit to be
ignited or to suffer, allow or maintain any open fire within the
jurisdiction of the Authority, except as provided in Section 6.02,
and in addition thereto, it shall be unlawful and not within any of
the exemptions of Section 6.02 for any person to ignite, cause, permit
or suffer to be ignited or allow or maintain any open fire within
the jurisdiction of the Authority as follows:
(a) During any stage of an air pollution episode as defined in
RCW 70.94.710 through 70.94.730; or
(b) Containing any rubber products, asphalt products, paints,
crackcase oil, or petroleum wastes, plastics, garbage, dead
animals or any waste other than natural vegetation that
emits dense smoke or creates offensive odors when burned; or
(c) For the purpose of salvage or reclamation of materials.
(Amendment II)
(2) It shall be prima facie evidence that the person who owns or controls
property on which an open fire occurs has allowed or used said open
fire. (Amendment II)
(50.1.2) SECTION 5.02 VISIBLE EMISSION
(1) During a period of five (5) years from the effective date of this
regulation, no person shall cause or allow the emission of any air
contaminant for a period or periods aggregating more than three
minuter in any one hour, which is:
(a) Equal to or darker in shade than that designated as No. 2
(40% density) on the Ringelmann Chart as published by the
United States Bureau of Mines; or
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than the smoke shade No. 2 on the
Ringelmann Chart as published by the United States Bureau of
Mines.
-248-
-------
(c) Provided, however, that when the fuel burning equipment is
a power boiler or boiler using hog-fuel and an emission occurs,
that is due to conditions beyond the control of the owner or
operator, the emission may be darker than that designated as No.
2 (40% density) but not as dark as that designated as No. 3
(60% density) on the Ringelmann Chart for a period or periods
aggregating not more than six minutes in any one hour; provided
that the operator shall take immediate action to correct the
condition.
(2) On and after five (5) years from the effective date of this
regulation, no person shall cause or allow the emission of any air
contaminant for a period or periods aggregating more than three
minutes in any one hour which is:
(a) Equal to or darker in shade than that designated as No. 1
(20% density) on the Ringelmann Chart as published by the
United States Bureau of Mines; or
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke shade No. 1 on the
Ringelmann Chart as published by the United States Bureau of
Mines.
(3) No person shall hereafter sell or install within the jurisdiction
of the Yakima County Clean Air Authority any air contaminant source
in which the air contaminant emitting therefrom cannot be restricted
to the standard set forth in Paragraph 5.02 (2), supra.
(4) In the case of orchard heating devices the first one-half (1/2) hour
after such device is ignited shall not be considered in determining
whether or not the opacity of the emission from such orchard heating
device is as described in Section 5.02 (1) or Section 5.02 (2).
(5) No person shall allow, cause, let, permit or suffer the emission, of
particles of such size and nature as to be visible individually as
particles in sufficient number to be injurious to human health, plant
or animal life, or property or which unreasonably interefere with
the enjoyment of life and property. This subsection shall apply only
if such particles fall on real property other than that of the person
responsible for the emission.
(6) The density or opacity of an air contaminant shall be measured at the
point of its emission, except when the point of emission cannot be
readily observed, it may be measured at an observable point on
the plume nearest the point of emission.
-249-
-------
(7) This section shall not apply when the presence of uncombined water
is the only reason for the failure of the emission to meet the
requirements of Subsection (2) (b) and (3) (b).
(51.9) SECTION 5.03 INCINERATOR AND REFUSE BURNING EQUIPMENT
(1) No person shall burn any combustible refuse in any incinerator
within the boundaries of the Authority except in a multiple
chamber incinerator equipped with emission control apparatus, or
in equipment found by the Control Officer in advance of such use to
be equally effective for the purpose of air pollution control.
(2) It shall be unlawful for any person to-cause or permit the operation
of refuse burning equipment at any time other than daylight hours
of the same day, except with the approval of the Control Officer.
Approval of the Control Officer for the operation of such equipment
may be granted upon the sumbission of a written notice stating:
(a) The full name and address of the applicant; and
(b) The location of the refuse burning equipment; and
(c) A brief description of the refuse burning equipment and its
control apparatus; and
(d) Good cause for the issuance of such approval; and
(e) The hours other than daylight hours during which the
applicant seeks to operate the equipment; and
(f) The length of time for which the exception is sought.
(50.6) SECTION 5.04 ODOR CONTROL MEASURES
(1) All air contaminant sources emitting odor bearing gases and odor
bearing particulate matter shall be operated or controlled in such
a manner as to eliminate as far as practicable noxious odors.
Proven technological improvements, to the extent that the same are
economically feasible shall be incorporated in such air contaminant
sources to reduce the emission of noxious odors in the ambient air.
-250-
-------
(2.0) SECTION 5.05 PREVENTIVE MEASURES
(1) No person shall cause, let, allow, permit or suffer particulate
matter to be stored, handled or transported without taking
reasonable precautions to prevent air pollution.
(2) No person shall cause, let, allow, permit or suffer a building or
its appurtenances or a road to be constructed, altered, repaired or
demolished without taking reasonable precautions to prevent air
pollution.
(3) It shall be unlawful for any person to willfully cause or permit
the installation or use of any device or use of any means which,
without resulting in a reduction in the total amount of air con-
taminants emitted, conceals an emission of air contaminant which
would otherwise violate Article V of this regulation.
(4) It shall be unlawful for any person to cause or permit the
installation or use of any device or use of any meens designated to
mask the emission of an air contaminant which causes detriment to
health, safety, or welfare of any person.
(5) Nothing in this Regulation shall be construed to impair any cause
of action or legal remedy therefore of any person, or the public for
injury or damages arising from the emission of any air contaminant
in such place, manner or concentration as to constitute air pollution
or a common law nuisance.
(2.0) SECTION 5.06 EXCEPTIONS TO ARTICLE V
The following are excepted from Article V:
(1) Reported Breakdown - Emissions exceeding any of the limits established
by this Regulation as a direct result of unavoidable upset conditions
or unavoidable and unforeseeable breakdown of equipment or control
appratus shall not be deemed in violation provided the following
requirements are met:
(a) The upset or breakdown is immediately reported to the Authority.
(b) The person responsible shall upon the request of the Control
Officer submit a full report including the known causes and the
preventive measures to be taken to minimize or eliminate a
re-occurrence.
-251-
-------
(c) The person responsible for such emissions shall proceed to
correct the conditions causing such emissions to exceed the
limits set by these regulations.
(2) Domestic Housing - Fuel burnining equipment used exclusively in
connection with any structure, which structure is used exclusively
as a dwelling for not more than three (3) families.
-252-
-------
ARTICLE VI
(5.0) VARIANCES AND EXEMPTIONS
(5.0) SECTION 6.01 VARIANCES
(1) Any person who owns or is in control of any plant, building,
structure, establishment, process or equipment, including a group
of persons who own or control like processes or like equipment
may apply to the Board for a variance from the rules or regulations
governing the quality, nature, duration or extent of discharges of
air contaminants. The application shall be accompanied by such
information and data as the Board may require. The Board may grant
such variance, but only after public hearing and due notice, if it
finds that:
(a) The emissions occurring or proposed, to occur do not endanger
public health or safety; and
(b) Compliance with the rules and regulations from which variance
is sought would produce serious har'dship without equal or
greater benefits to the public.
(2) No variance shall be granted pursuant to this section until the
Board has considered the relative interests of the applicant, other
owners of property likely to be affected by the discharges and the
general public.
(3) Any variance or renewal thereof shall be granted within the require-
ments of Subsection (a) and for time periods and under conditions
consistent with the reasons therefore, and within the following
limitations:
(a) If the variance is granted on the ground that there is no
practicable means known or available for the adequate preven-
tion, abatement or control of the pollution involved, it shall
be only until the necessary means for prevention, abatement or
control become known and available, and subject to the taking
of any substitute or alternative measures that the Board may
prescribe.
-253-
-------
(b) If the variance is granted on the ground that compliance with
the particular requirements or requirement from which variance
is sought will require the taking of measures which, because of
their extent or cost, must be spread over a considerable period
of time, it shall be for a period not to exceed such reasonable
times as, in the view of the Board is requisite for the taking
of the necessary measures. A variance granted on the ground
specified herein shall contain a timetable for the taking of
action in an expeditious manner and shall be conditioned on
adherence to such timetable.
(c) If the variance is granted on the ground that it is justified
to relieve or prevent hardship of a kind other than provided for
in item (a) and (b) of this sub-paragraph, it shall be for not
more than one year.
(4) Any variance granted pursuant to this section may be renewed on terms
and conditions and for periods which would be appropriate on initial
granting of a variance. If complaint is made to the Board on account
of the variance, no renewal thereof shall be granted unless, following
a public hearing on the complaint on due notice, the Board finds that
renewal is justified. No renewal shall be granted except on applica-
tion therefore. Any such application shall be made at least sixty
(60) days prior to the expiration of the variance. Immediately upon
receipt of an application for renewal, the Board shall give public
notice of such application in accordance with rules and regulations
of the Board.
(5) A variance or renewal shall not be a right of the applicant or holder
thereof but shall be at the discretion of the Board. However, any
applicant adversely affected by the denial or the terms and conditions
of the granting of an application for a variance or renewal of a
variance by the Board may obtain judicial review thereof only under
the provisions of the Washington Clean Air Act.
(6) Nothing in this section and no variances or renewal granted pursuant
hereto shall be construed to prevent or limit the application of the
emergency provision, and procedures of Section 57 of the Washington
Clean Air Act to any person or his property.
-254-
-------
(2.0) SECTION 6.02 EXEMPTIONS
This Regulation shall not apply to the following:
(1) Small outdoor fires for pleasure, religious, ceremonial smoking or
like social purposes; (Amendment II)
(2) Fires from flares, torches, wastes, gas burners, incense burners,
and insect ports; (Amendment II)
(3) Fires abating a forest fire hazard; to prevent a fire hazard*for
instruction of public officials in methods of forest fire fighting,
and any silviculture! operation to improve forest, lands, where and
when permitted by the State Department of Natural Resources under
ROW 70.94.650 through RCW 70.94.700;
(4) Fires for instruction in the method of fighting fires, testing fire
resistant materials, or testing fire protection equipment provided
prior written approval has been issued by the Control Officer of the
Board. (Amendment II)
(5) After date of adoption of these regulations all agricultural burning,
including burning of weeds and cereal stubble, and including burning
for pest and disease control shall be permitted only as authorized
by permit from the Air Pollution Control Authority except that this
restriction on agricultural burning set forth herein shall not apply
and permit shall not be required for fires of one acre or less,
limited to the purpose of destroying noxious weeds, orchard and
vineyard prunings, or crop residue along fence rows, ditches, water-
ways and cultivated fields, provided that such fires shall be subject
to the provisions of Section 6.03, Subsections 2, 3 and 5 of this
Amendment to the Yakima County Clean Air Authority, Regulation No. 1,
and further that the burning procedure shall be used to insure good
combustion and minimize smoke and adverse effects on the air quality.
It is further provided that the provision herein permitting fires on
parcels of land one acre in size or less shall not be construed to
permit the accumulation of weeds or crop residue from larger parcels
of land to be burned on parcels one acre in size or less. That pro-
vision, as herein contained, shall apply to burning on such small
parcels of weeds and crop residue as have naturally accumulated
there or remain after harvest.
-255-
-------
(6) Residential Burning: Residential burning as herein defined shall
be permitted provided that: (Amendment II)
(a) Only one pile shall be burned at a time and each pile shall
be extinguished before another is ignited;
(b) No burning is to be conducted within 50 feet of an inhabited
structure.
(7) Burning for land clearing is authorized without permit provided
that: (Amendment II)
(a) It is conducted outside of restricted areas as defined in
these Regulations;
(b) Burning is not conducted within less than 100 yards of an
inhabited structure other than that located on the property in
which the burning is conducted;
(c) The material shall be placed on the fire in such a manner
so that dirt will not be included and dumped on the fire;
(d) Burning other than the above exceptions may be done only
upon permit issued by the Control Officer under restrictions
approved by the Board.
(8) Burning: Burning of Pesticide and Herbicide Containers:
Burning of agricultural pesticide and herbicide containers by land
owners and commercial applicators shall be permitted provided:
(Amendent II)
(a) Such burning is not conducted within 100 yards of an inhabited
structure other than that located on the property on which
the burning is conducted;
(b) Such container shall not be burned if it is made of plastic
materials or if the manufacturer's recommendations are that
such container be not burned and such containers shall not be
burned when other regulations or statutes, either State or
Federal, prohibit the burning thereof.
(9) Other Burning: Fires for disposal of waste materials other than
that defined above, provided the authority has determined that no
alternate means of disposal is reasonably available and further
provided, (Amendment II)
(a) That prior written approval has been issued by the Control
Officer or the Board;
-256-
-------
(b) That the burning is conducted at such times and under such
conditions as may be established by the Control Officer or
the Board.
(10) Open fires for orchard heating purposes are prohibited except that
orchard heating devices and materials using open fire or open flame
systems may be used if the visible emissions from such open fire or
open flame systems do not exceed the limitations on visible emissions
as set forth in Section 5.02 of this Regulation. This exception
shall not be construed to permit the burning in an open fire of any
material containing asphalt, petroleum products, paints, rubber
products, plastics or any substance which normally emits dense
smoke or obnoxious odors. (Amendment I)
(51.13) SECTION 6.03 ADDITIONAL RESTRICTIONS ON OPEN BURNING
(1) All burning within exemptions of Section 5, 6, 7, and 8 of Section
6.02 of this Regulations shall be conducted between the hours of
sunrise and sunset, except that burning for pest or disease control
or for land clearing purposes, and of which the combustible material
consists primarily of wood more than 12 inches in diameter, may be
conducted after sunset, but such fires shall not be fed after 12:00
noon on any day they are ignited. For the purposes of this
provision, a fire shall be deemed to be out and extinguished when
there is not visible flame coming from the fire. (Amendment II)
(2) No open burning shall be conducted when an air stagnation advisory
has been issued by the Washington State Department of Ecology.
(Amendment II)
(3) No open burning shall be conducted when the Control Officer, acting
on guidelines for air quality control which are hereafter to be
established by the Board, has prohibited such burning. (Amendment II)
(4) No burning, shall be conducted after the Control Officer has imposed
limitations on such burning by reason of adverse weather conditions
as are defined in Subsection 2, 3, and 5 hereof, and has given public
notice of such restriction. Notice will be deemed sufficient to the
public for all purposes of these Regulations after twelve hours have
elapsed from the time such notice has been delivered to and published
by a newspaper of general circulation in the area where such limita-
tion applies or has been delivered to, and broadcast by, a radio or
television station serving such area. (Amendment II)
-257-
-------
(5) No open fires shall be ignited during any stage of an air pollution
episode and any person or entity responsible for an open fire shall
immediately proceed to extinguish such ifre when notified of the
existence of an air pollution episode by any of the means set forth
in Paragraph 4 above (Amendment II)
(6) Any person responsible for fires set in accordance with this Section
must abide by all rules and procedures set by other agencies
providing any jurisdiction over the practice of open burning.
(Amendment II)
-258-
-------
ARTICLE VII
(15.0) PENALTY AND SEVERABILITY
(15.0) SECTION 7.01 PENALTY FOR VIOLATION
(1) Any person who violates any of the provisions of this regulation
other than Section 2.03, shall be guilty of a gross misdemeanor
and upon conviction thereof shall be punished by a fine of not less
than one hundred dollars ($100.00) nor more than one thousand
dollars ($1,000.00), or by imprisonment for a term of not more than
one year or by both fine and imprisonment for each separate violation.
Each day upon which such violation occurs shall constitute a separate
violation.
(2) Any person who willfully violates Section 2.03 shall be guilty of a
gross misdemeanor and upon conviction thereof shall be punished by a
fine of not less than one hundred dollars ($100.00) nor more than
one thousand dollars ($1,000.00), or by imprisonment for a term of not
more than one year or by both fine and imprisonment.
(15.0) SECTION 7.02 ADDITIONAL OR ALTERNATIVE PENALTIES
In addition to or as an alternate to any other penalty provided by law,
any person who violates any of the provisions of these regulations shall
incur a penalty in the form of a fine in an amount not to exceed Two
Hundred Fifty Dollars per day for each violation. Each such violation
shall be a separate and distinct offense, and in case of a continuing
violation, each day's continuance shall be a separate and distinct
violation.
Each act of commission or omission which procures, aids or abets in the
violation shall be considered a violation under the provisions of this
section and subject to the same penalty. The penalty shall become due
and payable when the person incurring the same receives a notice in writ-
ing from the Control Officer of the Authority describing the violation
with reasonable particularity and advising such person that the penalty
is due unless a request is made for a hearing to the Hearing Board. The
hearing shall be conducted pursuant to the provisions of Chapter 34.04
RCW. If the amount of such penalty is not paid to the Board within fifteen
(15) days after receipt of notice imposing the same, and a request for a
hearing has not been made, the Attorney General, upon the request of the
Executive Director or the attorney for the Authority, shall bring action
to recover such penalty in the Superior Court of the County in which the
violation occurred. All penalties recovered under this section by the
Authority shall be paid into the treasury of the Authority and credited to
its funds.
-259-
-------
To secure the penalty incurred under this section, the Authority shall
have a lien on any vessel used or operated in violation of these
regulations which shall be enforced as provided in RCW 60.36.050.
(2.0) SECTION 7.03 ASSURANCE OF DISCONTINUANCE
As an additional means of enforcing these regulations, the Board may
accept an assurance of discontinuance of any act or practice deemed in
violation of this regulation, from any person engaging in, or who has
engaged in, such act or practice. Any such assurance shall specify a
time limit during which such discontinuance is to be accomplished.
Failure to perform the terms of any such assurance shall constitute
prima facie proof of a violation of these regulations, or order issued
pursuant hereto, which make the alleged act or practice unlawful for
the purpose of securing any injunction or other relief from the Superior
Court as provided in RCW 70.94.425.
(2.0) SECTION 7.04 RESTRAINING ORDER - INJUNCTIONS
Notwithstanding the existence or use of any other remedy, whenever any
person has engaged in, or is about to engage in, any acts or practices
which constiture or will constitute a violation of any provision of these
regulations or order issued thereunder, the Board, after notice to such
person and an opportunity to comply, may petition the Superior Court of the
county wherein the violation is alleged to be occurring or to have oc-
curred for a restraining order or a temporary or permanent injunction or
another appropriate order.
(2.0) SECTION 7.05 SEVERABILITY
If any phrase, clause, subsection, or section of this regulation shall
be declared unconstitutional or invalid by any court of competent
jurisdiction, it shall be conclusively presumed that the Board of Directors
would have enacted this regulation without the phrase, clause, subsection,
or section so held unconstitutional or invalid and the remainder of the
regulation shall not be affected as a result of said part being held un-
constitutional or invalid.
(2.0) SECTION 7.06 EFFECTIVE DATE
The effective date of these regulations shall be January 1, 1971.
-260-
-------
REGULATION I
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
-------
REGULATION I
ARTICLE I
(1.0)
(2.0) POLICY, SHORT TITLE, AND DEFINITIONS
(2.0) SECTION 1.01 POLICY
The Spokane County Air Pollution Control Authority, co-extensive with
the boundaries of Spokane County, having been activated by the Washington
Clean Air Act, RCW 70.94 as amended, adopts the following Regulations to
control the emission of air contaminants from all sources within the
jurisdiction of the Authority; to provide for the uniform administration
and enforcement of this Regulation; and to carry out the requirements and
purposes of the Washington Clean Air Act.
It is hereby declared to be the public policy of the Spokane County Air
Pollution Control Authority to secure and maintain such levels of air
quality as will protect human health and safety and, to the greatest degree
practicable, prevent injury to plant and animal life and to property,
foster the comfort and convenience of its inhabitants, promote the econo-
mic and industrial development of the County and enhance the recreational
potential within the County.
(2.0) SECTION 1.02 NAME OF AUTHORITY
The name of the County Air Pollution Control Authority, co-extensive
with the boundaries of Spokane County, shall be known as the "SPOKANE
COUNTY AIR POLLUTION CONTROL AUTHORITY".
(2.0) SECTION 1.03 SHORT TITLE
This regulation shall be known and cited as "Regulation I of the
Spokane County Air Pollution Control Authority".
(1.0) SECTION 1.04 GENERAL DEFINITIONS
When used in Regulation I of the Spokane County Air Pollution Control
Authority:
(a) Agriculture Operation means the growing of crops, the raising of fowl,
amimals, or bees as a gainful occupation.
(b) Air Contaminant means dust, fumes, mist, smoke, other particulate
matter, vapor, gas, odorous substance or any combination thereof.
(c) Air Pollution means the presence in the outside atmosphere of one or more
-261-
-------
air contaminants in sufficient quantities and of such characteristics
and duration as is, or is likely to be, injurious to public welfare; to
human, plant, or animal life, or to property; or which unreasonably
interferes with enjoyment of life and property.
C'd) Ambient Air means the surrounding outside air.
('e) Authority means Spokane County Air Pollution Control Authority.
(;f) Board means Board of Directors of the Spokane County Air Pollution
Control Authority.
(g) Combustion means the rapid exothermic reaction of any material with
oxygen.
(h) Control Equipment means any equipment which has the primary function
of regulating or controlling the emission from a process, fuel burning
or refuse burning equipment and thus reduces the formation of or
the emission of air contaminants into the atmosphere, or both.
(i) Control Officer means Air Pollution Control Officer for the Spokane
County Air Pollution Control Authority.
(j) Emission means a release into the outdoor atmosphere of air contaminants.
(k) Fire Department means a fire control agency such as City Fire Depart-
ments, County Fire Department, local fire control districts or the
Washington State Department of Natural Resources.
(1) Garbage means putrescible animal or vegetable waste resulting from the
handling, preparation, cooking and serving of food.
(m) Incinerator means any article, machine, equipment, contrivance, struc-
ture or part of a structure capable of withstanding heat and designed
to reduce the solid, semi-solid, or liquid by combustion.
Incinerator-Multiple Chamber means any incinerator consisting of
three or more refractory-lined combustion chambers in series,
physically separated by refractory walls, interconnected by gas
passage ports or ducts and employing adequate design parameters
necessary for maximum combustion of the material to be burned.
(n) Motor Vehicle means equipment propelled by an internal combustion
engine in or upon which people or material may be transported on the
ground.
(o) Odor means that property of a substance which allows its detection
by the sense of smell.
-262-
-------
(p) Open Fire or Outdoor Fire means -a fire where any material is burned
in the open or in a receptable other than a furnace, incinerator, or
other equipment connected to a stack or chimney.
(q) Particulate Matter means any material except uncombined water that
exists in a finely-divided form as a liquid or solid at standard condi-
tions of temperature (60°F) and pressure (14.7 pounds per square inch
absolute).
(r) Person means any individual, public or private corporation, political
sub-division, board, department, or bureau of municipality, partner-
ship, association, trust, estate or other legal entity whatsoever,
which is recognized by law as the subject of rights and duties, or
any officer or employee of any of the foregoing.
(s) Refuse means putrescible and non-putrescible solid wastes including
garbage, rubbish, ashes, incinerator residue, dead animals, abandoned
automobiles, solid market wastes, street cleaning, and solid commercial
and industrial waste (including waste disposal in industrial salvage).
(t) Ringelmann Smoke Chart means the chart published and described in
the U.S. Bureau of Mines Information Circular 8333.
(u) Salvage Operation means any operation conducted in whole or in part,
for the salvaging or reclaiming of any product or material.
(v) Smoke means small gas-borne, particles, other than water generated
from combustion processes, in sufficient number to be observable.
(w) Stack means duct, chimney, flue, conduit, or opening arranged for
the emission into the outdoor atmosphere of air contaminants.
-263-
-------
ARTICLE II
(2.0) GENERAL PROVISIONS
(16.0) SECTION 2.01 POWERS AND DUTIES OF THE BOARD
Pursuant to the provisions of the "Washington Clean Air Act" RCW 70.94,
the Board shall establish such procedures and take such action as may be re-
quired to implement Section 1.01 of this Regulation consistent with the
State Act and other applicable laws. The Board may take such action as
may be necessary to prevent air pollution including control and measurement
of the emission of air contaminants from a source. The Board shall appoint
a Control Officer competent in the control of air pollution who shall,
with the Board's advice and approval, enforce the provisions of this Regu-
lation and all ordinances, orders, resolutions, or rules and regulations of
this Authority pertinent to the control and prevention of air pollution in
this county.
The Board shall have the power to hold hearings relating to any aspect
of or matter in the administration of this Regulation and in connection
therewith issue subpoenas to compel the attendance of witnesses and produc-
tion of evidence, administer oaths and take the testimony of any person
under oath.
The Board shall have the power to adopt, amend and repeal its own
ordinances, resolutions, or rules and regulation. Any adoption, amendment,
or repeal of the Board's ordinances, resolutions, or rules and regulations
shall be made, after due consideration at a public hearing held in accor-
dance with Chapter 42.32 RCW, and shall have the same force and effect as
all other of the Board's ordinances, resolutions, or rules and regulations
as soon as adopted by the Board. (See RCW 70.94.141).
(2.0) SECTION 2.02 CONTROL OFFICER'S DUTIES AND POWERS
(a) The Control Officer and/or his authorized agents shall observe and
enforce the provisions of the State Law and all orders, ordinances,
resolutions or rules and regulations of the Authority pertaining to the
control and prevention of air pollution pursuant to the policies
set down by the Board.
(b) The Control Officer, with the approval of the Board, shall have the
authority to appoint and remove such employees as are necessary to the
performance of the duties assigned to him and to incur necessary
expenses within the limitations of the budget.
(c) The Control Officer shall maintain appropriate records and submit
reports as required by the Board, the State Board and the appropriate
Federal Agencies.
-264-
-------
(d) The Control Officer may engage, at the Authority's expense, within
the limitation of the budget, qualified individuals or firms to make
independent studies and reports as to the nature, extent, quantity
or degree of any air contaminants which are or may be discharged
from any source within the Authority's jurisdiction.
(e) For the purpose of investigating conditions specific to the control,
recovery or release of air contaminants into the atmosphere, the
Control Officer or his duly authorized representatives shall have the
power to enter, at reasonable times, upon any private or public
property, excepting equipment specifically excepted in Section 6.09
of this Regulation. No person shall refuse entry or access to the
Control Officer or his.duly authorized representative who request entry
for the purpose of inspection and who presents appropriate creden-
tials, nor shall any person obstruct, hamper or interfere with any
such inspection. (RCW 70.94. 200)
(f) If the Control Officer or an authorized employee of the Authority
during the course of an inspection desires to obtain a sample of
air contaminant, fuel, process material or other material which affects
or may affect the emission of air contaminants, he shall notify the
owner or lessee of the time and place of obtaining a sample so the
owner or lessee has the opportunity to take a similar sample at the
same time and place, and the Control Officer or the authorized employee
of the Authority shall give a receipt to the owner or lessee for
the sample obtained.
(g) The Control Officer shall be empowered by the Board to sign official
complaints or issue citations or initiate court suits or use other
legal means to enforce the provisions of this Regulation.
(14.0) SECTION 2.03 CONFIDENTIAL INFORMATION
Whenever any records or other information furnished to or obtained
by the Authority, pursuant to any sections in RCW 70.94 relate to pro-
cesses or production unique to the owner or operator, or is likely to
affect adversely the competitive position of such owner or operator if
released to the public or to a competitor and the owner or operator of
such processes or production so certifies, such records or information
shall be only for the confidential use of the Authority. (RCW 70.94.205)
(15.0) SECTION 2.04 VIOLATIONS
(a) Whenever the Board or Control Officer has reason to believe that any
provision of the State Law or any ordinance, regulation, rule or
order relating to the control or prevention of air pollution has been
violated, he may cause written notice to be served upon the alleged
-265-
-------
violator or violators. The notice shall specify the provision of the
State Law or of this Regulation alleged to be violated and the facts
alleged to constitute a violation thereof and may include an order
that necessary corrective action be taken within a reasonable time.
In lieu of an order the Control Officer may require that the alleged
violator or violators appear before the Board for a hearing at a time
and place specified in the notice given at least fifteen (15) days
prior to such a hearing and answer the charges complained of, or in
addition to or in place of an order or hearing, the Board or Control
Officer may initiate action pursuant to RCW 70.94.425, RCW 70.94.430
and RCW 70.94.435. (RCW 70.94.211)
(b) The Control Officer may, in place of an order or hearing after
service of a notice of violation and expiration of reasonable period
of time without correction, request the County Prosecutor to prosecute
a criminal action against the violator.
(16.0) SECTION 2.05 ORDERS AND HEARINGS
(a) Any order issued by the Board or by the Control Officer, which is not
preceeded by a hearing, shall become final unless, no later than
twenty days after the date the Notice and Order are served, the person
aggreved by the Order petitions for a hearing before the Board. Upon
receipt of the petition, the Board shall hold a hearing pursuant to
Chapter 34.04 RCW as now or hereinafter amended.
(b) If, after a hearing held as a result of a petition to the Authority
by a person aggrieved by an order the Board finds that a violation has
occurred or is occurring, it shall affirm or modify the order pre-
viously issued, or if the finding made is that no violation has
occurred or is occurring, the order shall be rescinded. If, after a
hearing held in lieu of an order the Board finds that a violation
has occurred or is occurring, it shall issue an appropriate order or
orders for the prevention, abatement or control of the emissions in-
volved or for the taking of such other corrective actions as may be
appropriate. Any order issued as part of a notice or after hearing may
prescribe time-tables for necessary action in preventing, abating, or
controlling the emissions.
(c) Any hearings held under this section shall be conducted in accord with
RCW 34.04.090 through 34.04.130 as now or hereinafter amended.
(16.0) SECTION 2.06 APPEALS FROM BOARD ORDERS. JUDICIAL REVIEW
Any order issued by the Board after a hearing shall become final unless
-266-
-------
no later than thirty (30) days after the issuance of such order, a petition
requesting judicial review is filed in accordance with the provisions of
Chapter 34.04 RCW as now and hereinafter amended.
(2.0) SECTION 2.07 STATUS OF ORDERS OR APPEAL
(a) Any order of the Board or the Control Officer shall be stayed pending
final determination of any hearing or appeal taken in accordance with
the provisions herein, unless after notice and hearing the Superior
Court shall determine that an emergency exists which is of such nature
as to require that such order be in effect during the pendency of such
hearing or appeal.
(b) Nothing in this Regulation shall prevent the Board or Control Officer
from making efforts to obtain voluntary compliance through warning,
conference or any other appropriate means. (RCW 70.94.223)
(15.0) SECTION 2.08 FALSIFICATION OF STATEMENT OR DOCUMENT, UNLAWFUL ALTERATION
OF DOCUMENTS, DISPLAY OF DOCUMENTS, AND THEIR REMOVAL OR
MULTILATION PROHIBITED
(a) No person shall willfully make a false or misleading statement to the
Board as to any matter within the jurisdiction of the Board.
(b) No person shall reproduce or alter or cause to be reproduced or altered
any order, registration certificate or other paper issued by the Agency
if the purpose of such reproduction or alteration is to evade or violate
any provision of this Regulation or any other law.
(c) Any order or registration certificate required to be obtained by
this Regulation shall be available on the premises designated on the
order or certificate.
(d) In the event the Authority requires a notice to be displayed, it shall
be posted. No person shall mutilate, obstruct or remove any notice
unless authorized to do so by the Board.
(2.0) SECTION 2.09 SERVICE OF NOTICE
(a) Service of any written notice required by this Regulation shall be
made on the owner or lessee of equipment, or his agent as follows:
-267-
-------
(1) Either by mailing the notice in a prepaid envelope directed to
the owner or lessee of the equipment, or his agent, at the
address listed on his application or order or registration
certificate or at the address where the equipment is located,
by United States Certified Mail, return receipt requested,
or
(2) By leaving the notice with owner or lessee of the equipment,
or his agent, or if the owner or lessee is not an individual,
then a member of the partnership or other concerned or with
an officer or managing agent of the corporation.
(b) Service of any written notice required by this Regulation shall be
made to the Authority as follows:
(1) Either by mailing' the notice in a prepaid envelope directed to
the Authority at its office, by United States Certified Mail,
return receipt requested, or
(2) By leaving the notice at the Authority office with an
employee of the Authority.
(2.0) SECTION 2.10 SEVERABILITY
If any phrase, clause, subsection or section of this Regulation shall
be declared unconstitutional or invalid by any court of competent jurisdic-
tion, it shall be conclusively presumed that the Board of Directors would
have enacted the Regulation without the phrase, clause, subsection or
section so held unconstitutional or invalid and the remainder of the
Regulation shall not be affected as a result of said part being held un-
constitutional or invalid. (RCW 70.94.911)
(15.0) SECTION 2.11 PENALTIES
(a) Any person who violates any provision of this Regulation shall be
guilty of a gross misdemeanor and upon conviction thereof shall be
punished by a fine of not less than one hundred dollars ($100.) nor
more than one thousand dollars ($1,000) or by imprisonment for
a term of not more than one (1) year or by both fine and imprisonment
for each separate violation. Each day upon which such violation
occurs shall constitute a separate violation. (RCW 70.94.430)
(b) Any person who violates Section 2.03 (Confidential Information) of
this Regulation shall be guilty of a gross misdemeanor and upon
conviction thereof shall be punished by a fine of not less than
one hundred dollars ($100.) or more than one thousand dollars ($1,000)
-268-
-------
or by imprisonment for a term of not more than one (1) year or by
both fine and imprisonment.
(c) In addition to or as an alternate to any other penalty provided
by law, any person who violates any of the provisions of Chapter
70.94 RCW or any of the rules or regulations of the State Board
shall incur penalty in the form of a fine in an amount not to ex-
ceed $250./day for each violation. Each such violation shall be
a separate and distinct offense and in case of a continuing
violation, each day's continuance shall be a separate and dis-
tinct violation.
Each act of commission or omission which procures, aids or abets
in the violation shall be considered a violation under the provisions
of this section and subject to the same penalty. The penalty shall
become due and payable when the person incurring the same receives
a notice in writing from the Control Officer of the Authority
describing the violation with reasonable particularity and advising
such person that the penalty is due unless a request is made
for a hearing to the Board. The hearing shall be continued pur-
suant to the provisions of Chapter 34.04 RCW. If the amount of such
penalty is not paid to the Board within 15 days after receipt of
notice enclosing the same and a request for a hearing has not been
made, the attorney general upon request of the.attorney for the
Authority shall bring an action to recover such penalty in the
Superior Court in the County of which the violation occurred.
(15.0) SECTION 2.12 RESTRAINING ORDER - INJUNCTION - OTHER COURT ORDER
Notwithstanding the existence or use of any other remedy whenever
any person has engaged in, or is about to engage in, acts or practices
which constitute or will constitute a violation of any provision of this
Regulation or any rule, regulation or order issued by the Board of the
Control Officer or his authorized agent, the Board, after notice to such
person and an opportunity to comply, may petition the County Superior
Court for a restraining order or a temporary or permanent injunction
or another appropriate order. (RCW 70.94.425)
-269-
-------
ARTICLE III
(5.0) VARIANCES, WHEN PERMITTED
(a) Any person who owns or is in control of any plant, building, struc-
ture, establishment, process or equipment, including a group of
persons who owns or controls like processes or like equipment,
may apply to the Board for a variance from rules or regulations
governing the quality, nature, duration, or extent of discharges of
air contaminants. The application shall be accompanied by such
information and data as the Board may require. The Board
may grant such variance, but only after public hearing or due
notice, if it finds that:
(1) The emissions occurring or proposed to occur do not endanger
public health or safety; and
(2) Compliance with the rules or regulations from which variances
is sought would produce serious hardship without equal or greater
benefits to the public.
(b) No variance shall be granted pursuant to this, section until the
Board has considered the relative interests of the applicant,
other owners of property likely to be affected by the discharges,
and the general public."
(c) Any variance or renewal thereof shall be granted within the re-
quirements of Subsection A and for a time period and under conditions
consistent with the reasons therefore, and within the following
limitations:
(1) If the variance is granted on the ground that there is no
practicable means known or available for the adequate prevention,
abatement or control of the pollution involved, it shall be only
until the necessary means for prevention, abatement or control
become known and available and subject to the taking of any
substitute or alternate measure that the Board may prescribe.
(2) If the variance is granted on the ground that compliance
with the particular requirements or requirement from which vari-
ance is sought will require the taking of measures which, be-
cause of their extent or cost, must be spread over a con-
siderable period of time, it shall be for a period not to exceed
such reasonable times as, in the view of the Board, is requisite
for the taking of the necessary measures. A variance granted
on the ground specified herein shall contain a timetable for the
taking of the necessary measures. A variance granted on the
-270-
-------
ground specified herein shall contain a timetable for the taking
of action in an expeditious manner and shall be conditioned
on adherence to such timetable.
(3) If the variance is granted on the ground that it is justified
to relieve or prevent hardship of a kind other than that
provided for in Item 1 and 2 it shall be for not more than
one (1) year.
(d) Any variance granted pursuant to this action may be renewed on
terms and conditions and for periods which would be appropriate on
initial granting of a variance. If complaint is made to the Board
on account of the variance, no renewal shall be granted unless,
following a public hearing on the complaint on due notice, the
Board finds that renewal is justified. No renewal shall be granted
except on application therefor. Any such application shall be made
at least sixty (60) days prior to the expiration of the variance.
Immediately upon receipt of any application for renewal, the Board
shall give public notice of such application in accordance with
rules and regulations of the Board.
(e) A variance or renewal shall not be a right of the applicant or holder
thereof but shall be at the discretion of the Board. Any applicant
adversely affected by the denial or the terms and conditions of
the granting of an application for a variance or renewal of a
variance by the Board, may obtain judicial review thereof only
under the provisions of the Washington Clean Air Act.
(f) Nothing in this section and no variance or renewal granted pursu-
ant hereto shall be construed to prevent or limit the application
of the emergency provisions and procedures of RCW 70.94.415 of
the Washington Clean Air Act to any person or his property.
(RCW 70.94.181)
-271-
-------
ARTICLE IV
(3.0) REGISTRATION
(3-0) SECTION 4.01 REGISTRATION REQUIRED
The classes of air contaminant sources listed in Exhibit "R" which is
listed below and made a part hereof, as now constituted or as hereafter
amended, shall be registered with the Authority by January 1970.
(3>°) SECTION 4.02 GENERAL REQUIREMENTS FOR REGISTRATION
(a) Registration of an installation shall be made by the owner or
lessee of the source, or his agent, on forms furnished by the
Authority. The owner of the source shall be responsible for
registration and the correctness of the information submitted.
(b) A separate registration shall be required for each source of contam-
inant, provided that, an owner has the option to register a process
with a detailed inventory of contaminant sources and emissions
related to said process; 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) Each registration shall be signed by the owner or lessee, or the
agent for such owner or lessee.
EXHIBIT R
(a) Fuel-burning equipment which:
(1) Is in multiple-family dwellings serving 5 or more families.
(2) Has a BTU input of more than 400,000 BTU per hour.
(b) Packers and mixers of agricultural chemical (fertilizer concentrates,
etc.).
(c) Asphalt and asphalt products.
(d) Bedding manufacturers.
(e) Brick and clay products (tiles, etc.).
(f) Concrete product manufacturers and ready mix.
-272-
-------
(g) Casting and foundries.
(h) Mills, seed, feed and flouring.
(i) Lumber mills.
(j) Mill products (cabinet works, casket works, and wood by-products)
(k) Paper manufacturers.
(1) Meat packers.
(m) Rendering plants.
(n) Sand and gravel, and pre-mix.
(o) Salvage operations (scrap metal, junk).
(p) Automobile wrecking yards and fragmentizers.
(q) Paint shops.
(r) Sandblasting (except wet abrasive).
(s) Contractors - including house and building wreckers, excavation.
(t) Spraying, commercial.
(u) Plastic fabrication.
(v) Insulation manufacturer.
(w) Incinerators.
(x) Tire recappers.
(y) Metal plating.
(z) Furnace and flue cleaners.
(zl) Quarries - Stone working.
-273-
-------
ARTICLE V
(20) NOTICE OF CONSTRUCTION
(a) No person shall construct, install or establish a new air contamin-
ant source, except those sources excluded in Section 6.09 of this
Regulation, without first filing a notice of construction. Within
thirty (30) days of the receipt of such notice the Board or Control
Officer may require, as a condition precedent to the construction,
installation or establishment of the air contaminant source or
sources covered thereby, the submission of plans, specifications,
and such other information as it deems necessary in order to
determine whether the proposed construction, installation or
establishment will be in accord with applicable rules and regulations
in force pursuant to the Article. If within thirty (30) days
of the receipt of plans, specifications or other information
required pursuant to this Article the Board or Control Officer
determines that the proposed construction, installation or establish-
ment will not be in accord with this Article or the applicable
ordinances, resolutions, rules and regulations adopted pursuant
thereto, it shall issue an order for the prevention of the
construction, installation or establishment of the air contaminant
source or sources. Failure of such order to issue within the time
prescribed herein shall be deemed a determination that the
construction, installation or establishment may proceed:
PROVIDED THAT, it is in accordance with the plans, specifications
or other information, if any, required to be submitted.
(b) For the purposes of this Article, addition to or enlargement or
replacement of an air contaminant source, or any major alteration
therein, shall be construed as construction or installation or
establishment of a new air contaminant source.
(c) Nothing in this Article shall be construed to authorize the Board
or Control Officer to require the use of emission control equipment
or other equipment, machinery or devices of any particular type,
from any particular supplier, or produced by any particular
manufacturer.
(d) Any features, machines and devices constituting parts of or called
for by plans, specifications or other information submitted pursuant
to Subarticle (a) hereof shall be maintained in good working order.
(e) The absence of an ordinance, resolution, rule or regulation, or the
failure to issue an order pursuant to this Article shall not relieve
any person from his obligation to comply with this Regulation or
with another provision of law.
-274-
-------
ARTICLE VI
(2.0) EMISSIONS PROHIBITED
(51.13) SECTION 6.01 OPEN FIRES
(a) It shall be unlawful for any person to ignite, cause to be ignited,
permit to be ignited, suffer, allow or maintain any open fire within
the jurisdiction of the Authority, except for the following:
(1) Fires set for religious ceremonies, recreational purposes and
the cooking of food for human consumption, provided no
nuisance is created.
(2) Fires from flares, torches and waste gas burners.
(3) A Fire Chief, Fire Marshall or head of a local fire district
may authorize a fire for:
(a) The disposal of dangerous materials, provided no alternate
means of disposal is reasonably available.
(b) The prevention of a fire hazard, provided no alternate
means of prevention is reasonably available.
(c) Instruction in the method of fighting fires or testing of
fire resistive materials and fire-protective equipment.
(4) Any fire specifically exempt under RCW 70.94.250.
(5) Open fires may be allowed by permit only:
(a) Permits shall be available at local fire departments and
local fire control district offices and shall be in force
for one (1) year only.
(b) In areas where refuse service is available, either municipal
or commercial, said permit shall be valid only for the
burning of dry garden trimmings, tree clippings, lawn
rakings, dry leaves and needles on the property where the
material was generated and for periods not to exceed three
(3) weeks in the spring and fall. The permit periods,
to be designated by the Board or the Control Officer,
shall be announced by public notice. Provided that no
burning shall be allowed nor any burning permits issued
in the area designated by the Board as a no-burn area.
-275-
-------
(c) Only the materials noted herein shall be burned. The
presence of any other material in an open fire shall
constitute a violation and the person who owns or controls
the property on which said violation occurs shall be
subject to revocation of the permit, shall be required to
extinguish the open fire and shall be subject to the
penalties as set forth in Section 2.11 of this Regulation.
(d) Open fires permitted under this section shall be limited
by the imposition of the following conditions:
(i) Burning only during daylight hours.
(ii) Outside fires shall be set only after a ventilation
advisory from the local office of the U.S. Weather
Bureau indicates that dispersion weather exists and
there will not be entrapment of pollutants.
(iii) Such fires shall not interfere with any other person's
health, safety and comfort.
(iv) All open fires shall comply with the laws, rules and
regultions of the local fire department and all other
governmental agencies who might have jurisdiction
over such open fires.
(e) In rural agricultural areas where regular refuse service
is not available open burning of household refuse shall
be permitted, PROVIDED THAT:
(i) No garbage shall be burned.
(ii) No dead animals shall be disposed of by burning.
(iii) No material containing asphalt, petroleum products,
paints, rubber products, plastic or any substance
which normally emits dense smoke or obnoxious odors
shall be burned.
(iv) Such fires shall not be located closer than 500 feet to
any neighboring habitable dwelling nor shall smoke from
such fires obscure public roadways.
(v) Open burning under this subsection shall be subject to
the same limitations as all other open fires and the
violations of these limitations shall subject the person
who owns or controls the property on which the open
-276-
-------
fire takes place to the penalties set forth in Section 2.11
of this Regulation.
(6) If it becomes apparent at any time to the Control Officer that
limitations need to be imposed to reduce smoke and prevent
air pollution and/or protect property and the health, safety
and comfort of persons from the effects of the burning, the
Board, the Control Officer or his authorized agent shall notify
the permittee and any limitation so imposed shall be treated
as conditions under which the permit is issued.
(7) All open fires are prohibited and no person shall cause or
allow any outdoor fire during a forecast, alert, warning or
emergency stage of an air pollution episode. (These conditions
are defined in RCW 70.94.715)
(b) It shall be prima facie evidence that the person who owns or controls
property on which an open fire, prohibited in this Regulation,
occurs has caused or allowed said open fire.
-277-
-------
(50.1.2) SECTION 6.02 VISUAL EMISSIONS
(a) It shall be unlawful for any person to cause or allow the emission of
any air contaminant into the outdoor atmosphere for an aggregate of
more than three (3) minutes in any one-hour period which is:
(1) Equal to or darker in shade than designated as No. 2 (40% density)
on the Ringelmann Chart as published by the United States Bureau
of Mines, or
(2) Of such opacity as to obscure an observer's view to a degree
equal to or greater than smoke shade No. 2 described above.
(b) It shall be unlawful for any person to cause or allow the emission of
air contaminant from equipment installed subsequent to the effective
date of this Regulation for a period or periods aggregating more than
three (3) minutes in any one-hour period:
(1) Which is equal to or darker in shade than that designated as No. 1
(20% density) on the Ringelmann Chart as published by the United
States Bureau of Mines, or
(2) Of such opacity as to obscure an observer's view to a degree
equal to or greater than smoke shade No. 1 described above.
(c) The density or opacity of an air contaminant shall be measured at the
point of its emission, except when the point of emission cannot be
readily observed, it may be measured at an observable point on the
plume nearest the point of emission. The person taking the observa-
tion shall be a trained observer.
(d) This section shall not apply when the presence of uncombined water is
the only reason for the failure of an emission to meet the requirements
of this section. The burden of proof to establish the quantity of
uncombined water in the emission shall lie with the owner or operator
who is seeking to bring the emission from his equipment or process
within the requirements of Sections 6.02A or 6.02B.
(51.9) SECTION 6.03 INCINERATOR BURNING AND INCINERATION HOURS
(a) It shall be unlawful for any person to burn any combustible refuse in
any incinerator within the jurisdiction of this Authority except in
an approved multiple-chambered incinerator or in equipment found by
the Control Officer in advance of such use to be equally effective for
the purpose of air pollution control. The Control Officer may require
the installation of additional control apparatus on an incinerator of
approved design if he finds that it is not effectively controlling air
pollution emissions or is the cause of legitimate complaints.
-278-
-------
(b) It shall be unlawful for any person to cause or allow the operation
of an incinerator at any time other than daylight hours except with
the approval of the Control Officer.
(c) Approval of the Control Officer for the operation of an incinerator
at other than daylight hours may be granted upon the submission of
a written request stating:
(1) Full name and address of the applicant.
(2) Location of the incinerator.
(3) A description of the incinerator and its control equipment.
(4) Good cause for issuance of such approval.
(5) The hours, other than daylight hours, during which the appli-
cant seeks to operate the equipment.
(6) The length of time for which the exception is sought.
(50.6) SECTION 6.04 ODORS AND NUISANCES
(a) Effective control apparatus and measures shall be installed and op-
erated to reduce odor-bearing gases and particulate matter emitted
into the atmosphere to a reasonable minimum.
(b) The Board or Control Officer may establish reasonable requirements
that the building or equipment be closed and ventilated in such a way
that all the air, gas, and particulate matter are effectively treated
for removal or destruction of odorous matter or other air contami-
nants before emission to the atmosphere.
(50.1) SECTION 6.05 PARTICULATE MATTER AND PREVENTING PARTICULATE MATTER FROM
BECOMING AIRBORNE
(a) It shall be unlawful for any person to cause or allow the discharge
of particles in sufficient numbers to cause annoyance to any other
person when deposited upon the real property of others, except as
follows:
(1) Temporarily due to breakdown of equipment provided the breakdown
is reported on the next regular working day and repairs are
promptly made.
(2) The time period allowed by the Control' Officer for an owner or
operator to meet a compliance order.
-279-
-------
(b) It shall be unlawful for any person to cause or permit particulate
matter to be handled, transported or stored without taking reasonable
precautions to prevent the particulate matter from becoming airborne.
(c) It shall be unlawful for any person to cause or permit a building or
its appurtenances or a road to be constructed, altered, repaired or
demolished without taking reasonable precautions to prevent particu-
late matter from becoming airborne.
(50.0) SECTION 6.06 EMISSION OF AIR CONTAMINANTS OR WATER VAPOR, DETRIMENT TO
PERSONS OR PROPERTY
(a) It shall be unlawful for any person to cause or permit the emission
of an air contaminant or water vapor, including an air contaminant
whose emission is not otherwise prohibited by this Regulation, if the
air contaminant or water vapor causes detriment to the health, safety,
or welfare of any person or causes damage to property or business.
(b) Nothing in this Regulation shall be construed to impair any cause of
action or legal remedy thereof or any person, or the public for in-
jury or damages arising from the emission of any air contaminant in
such place, manner or concentration as to constitute air pollution
or a common law nuisance.
(2.0) SECTION 6.07 EMISSION OF AIR CONTAMINANT-CONCEALMENT AND MASKING
RESTRICTED
(a) It shall be unlawful for any person to willfully cause or permit the
installation or use of any device or use of any means which, without
resulting in a reduction in the total amount of air contaminant emit-
ted, conceals an emission of air contaminant which would otherwise
violate Sections 6.04, 6.05 and 6.06 of this Article.
(b) It shall be unlawful for any person to cause or permit the installa-
tion or use of any device or use of any means designated to mask the
emission of an air contaminant which causes detriment to health,
safety or welfare of any person.
(7.0) SECTION 6.08 REPORT OF BREAKDOWN
(a) The owner or operator of a source which emits pollutants exceeding
any of the limits established by this Regulation as a direct result
of unavoidable upset conditions or unavoidable and unforeseeable break-
down of equipment or control apparatus may be exempt from penalties if:
(1) The upset or breakdown is reported to the Authority on the next
regular working day.
(2) The owner or operator shall, upon request of the Control Officer,
submit a report giving:
-280-
-------
(a) The causes
(b) The steps to be taken to repair the breakdown, and
(c) A time schedule for the completion of the repairs.
(b) The Control Officer on receipt of a report (Subsection A.2) from the
owner or operator describing a breakdown may:
(1) Allow continued exempt operation but only for a limited time
period, after which the owner or operator will be required to
comply with this Regulation or be subject to the penalties in
Section 2.11. An exemption granted under this Section, 6.08,
may be withdrawn if the exempt operation becomes a cause of
complaints.
(2) Require that the plant curtail or cease operations until repairs
are completed if the quantity of pollutants or the nature of
the pollutants could cause damage.
(2.0) SECTION 6.09 EXCEPTION TO THIS ARTICLE
The following equipment is excepted from this Article:
(1) Fuel-burning equipment used exclusively for space heating in a
dwelling serving less than five (5) families.
-281-
-------
REGULATION II
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
-------
ARTICLE I
(1.0)(2.0) . POLICY, SHORT TITLE AND DEFINITIONS
(2.0) SECTION 1.01 POLICY
The Spokane County Air Pollution Control Authority, co-
extensive with the boundaries of Spokane County, having been activated
by the Washington Clean Air Act, RCW 70.94 as amended, adopts the
following Regulations to control the emission of air contaminants
from all sources within the jurisdiction of the Authority; to provide
for the uniform administration and enforcement of this Regulation; and
to carry out the requirements and purposes of the Washington Clean
Air Act.
It is hereby declared to be the public policy of the Spokane County
Air Pollution Control Authority to secure and maintain such levels of air
quality as will protect human health and safety and, to the greatest
degree practicable, prevent injury to plant and animal life and to
property, foster the comfort and convenience of its inhabitants, promote
the economic and industrial development of the County and enhance the
recreational potential within the County.
(2.0) SECTION 1.02 NAME OF AUTHORITY
The name of the County Air Pollution Control Authority, co-
extensive with the boundaries of Spokane County, shall be known as the
"Spokane County Air Pollution Control Authority."
(2.0) SECTION 1.03 SHORT TITLE
This regulation shall be known and cited as "Regulation II of the
Spokane County Air Pollution Control Authority."
(1.0) SECTION 1.04 GENERAL DEFINITIONS
When used in Regulation II of the Spokane County Air Pollution
Control Authority:
(a) Agriculture Operation means the growing of crops, the raising of
fowl, animals, or bees as a gainful occupation.
(b) Air Contaminant means dust, fumes, mist, smoke, other particulate
matter, vapor, gas, odorous substance or any combination thereof.
(c) Air Pollution means the presence in the outside atmosphere of
-282-
-------
one or more air contaminants in sufficient quantities and of such
characteristics and duration as is, or is likely to be, injurious
to public welfare; to human plant, or animal life, or to property;
or which unreasonably interferes with enjoyment of life and
property.
(d) Ambient Air means the surrounding outside air.
(e) Authority means Spokane County Air Pollution Control Authority.
(f) Board means Board of Directors of the Spokane County Air Pollution
Control Authority.
(g) Combustion means the rapid exothermic reaction to any material
with oxygen.
(h) Control Equipment Means any equipment which has the primary function
of regulating or controlling the emission from a process, fuel burn-
ing or refuse burning equipment and thus reduces the formation of
or the emission of air contaminants into the atmosphere, or both.
(i) Control Officer means the Air Pollution Control Officer for the
Spokane County Air Pollution Control Authority.
(j) Emission means a release into the outdoor atmosphere of air
contaminants.
(k) Fire Department means a fire control agency such as City Fire
Departments.
(1) Garbage means putrescible animal or vegetable waste resulting from
the handling, preparation, cooking and serving of food.
(m) Incinerator means any article, machine, equipment, contrivance,
structure, or part of a structure capable of withstanding heat
and designed to reduce the solid, semi-solid, or liquid combustion.
Incinerator-Multiple Chamber means any incinerator consisting of
three or more refractory-lined combustion chambers in series,
physically separated by refractory walls, interconnected by gas
passage ports or ducts and employing adequate design parameters
necessary for maximum combustion of the material to be burned.
>(n) Motor Vehicle means equipment propelled by an internal combus-
tion engine in or upon which people or material may be transported
on the ground.
(o) Odor means that property of a substance which allows its detection
by the sense of smel1.
-283-
-------
(p) Open fire or Outdoor Fire means a fire where any material is burned
in the open or in a receptacle other than a furnace, incinerator, or
other equipment connected to a stack or chimney.
(q) Particulate Matter means any material except uncomfained water that
exists in a finely-divided form as a liquid or other solid at
standard conditions of temperature (60° p) anc| pressure (14.7)
pounds per square inch absolute).
(r) Person means any individual, public or private corporation, political
subdivision, board, department, or bureau of municipality, partner-
ship, association, trust, estate or other legal entity whatsoever,
which is recognized by laws as th.e subject of rights and duties, or
any officer or employee of any of the foregoing.
(s) Refuse means putrescible and non-putrescible solid wastes including
garbage, rubbish, ashes, incinerator residue, dead animals,
abandoned automobiles, solid market wastes, street clean-
ings, and solid commercial and industrial waste (including waste
disposal in industrial salvage).
(t) Ringelmann Smoke Chart means the chart published and described by
the U.S. Bureau of Mines Information Circular 8333.
(u) Salvage Operation means any operation conducted in whole or part,
for the salvaging or reclaiming of any product or material.
(v) Smoke Means small gas-borne particles, other than water generated
from combustion processes, in sufficient number to be observable.
(w) Stack means duct, chimney, flue, conduit, or opening arranged
for the emission into the outdoor atmosphere of air contaminants.
(x) Single Source means any equipment, device, duct, stack, chimney,
or opening which discharges air or other gases into the outdoor
atmosphere.
(y) Grain means a weight unit which is equivalent to 1/7000 of a
pound.
(zl) Standard Condition means at a gas temperature of 60 degrees
Fahrenheit and a gas pressure of 29.92 inches of mercury, absolute.
(z2) Combustion source means any equipment which has the primary function
of fuel or refuse burning.
-284-
-------
ARTICLE II
GENERAL PROVISIONS
(2.0) SEVERABILITY AND PENALTY
(2.0) SECTION 2.01 GENERAL PROVISIONS
The general provisions cited in Section 2.01, 2.02, 2.03, 2.04,
2.05, 2.06, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12 of Regulation I shall
apply to Regulation II.
-285-
-------
ARTICLE III
(5.0) VARIANCES WHEN PERMITTED
(a) Any person who owns or is in control of any plant, building,
structure, establishment, process or equipment, including a group
of persons who owns or controls like processes or like equipment,
may apply to the Board for a variance from rules or regulations
governing the quality, nature, duration, or extent or discharges
of air contaminants. The application shall be accompanied by such
information and data as the Board may require. The board may
grant such variance, but only after public hearing or due notice,
if it finds that:
(1) The emissions occurring or proposed to occur do not endanger
public health or safety, and
(2) Compliance with the rules or regulations from which variances
is sought would produce serious hardship without equal or
greater benefits to the public.
(b) No variance shall be granted pursuant to this section -until the Board
had considered the relative interests of the applicant, other
owners of property likely to be affected by the discharges, and the
general public.
(c) Any variance or renewal thereof shall be granted within the require-
ments of sub-section A for a time period and under conditions
consistent with the reasons therefore, and within the following
limitations:
(1) If the variance is granted on the ground that there is no
practicable means known or available for the adequate preven-
tion, abatement or control of the pollution involved, it
shall be only until the necessary means for prevention,
abatement or control become known and available and subject
to the taking of any substitute or alternate measure that the
Board may prescribe.
(2) If the variance is granted on the ground that compliance with
the particular requirements or requirement from which variance
is sought will require the taking of measures which, because
of their extent or cost, must be spread over a considerable
period of time, it shall be for a period not to exceed such
reasonable times as, in the view of the Board, is requisite
for the taking of the necessary measures. A variance granted
on the ground specified herein shall contain a timetable for
the taking of action in an expeditious manner and shall be
conditioned on adherence to such timetable.
-286-
-------
(3) If the variance is granted on the ground that it is justified
to relieve or prevent hardship of a kind other than that
provided for in Item 1 and 2, it shall be for not more than
one (1) year.
(d) Any variance granted pursuant to this section may be renewed on
terms and conditions and for periods which would be appropriate on
initial granting of a variance. If complaint is made to the Board
on account of the variance, no renewal shall be granted unless,
following a public hearing on the complaint on due notice, the
Board finds that renewal is justified. No renewal shall be
granted except on application therefor, Any such application shall
be made at least sixty (60) days prior to the expiration of the
variance. Immediately upon receipt of an application for renewal,
the Board shall give public notice of such application in accor-
dance with rules and regulations of the Board.
(e) A variance or renewal shall not be a right of the applicant or
holder thereof but shall be at the discretion of the Board. Any
applicant adversely affected by the denial or the terms and
conditions of the granting of an application for a variance or
renewal of a variance by the Board, may obtain judicial review
thereof only under the provisions of Chapter 34.04 RCW as now or
hereafter
(f) Nothing in this section and no variance or renewal granted pursuant
hereto shall be constructed to prevent or limit the application of
the emergency provisions and procedures of RCW 70.94.415 of the
Washington Clean Air Act to any person or his property. (RCW
70.94.181)
-287-
-------
ARTICLE IV
(2.0) EMISSIONS PROHIBITED
(51.1) SECTION 4.01 PARTICIPATE EMISSIONS - GRAIN LOADING RESTRICTIONS
It shall be unlawful for any person to cause or allow the emission
of particulate matter into the atmosphere from any single source:
(a) Which is in excess of 0.1 grains per cubic foot of gas at standard
conditions for non-combustion sources.
(b) Which is in excess of 0.1 grains per cubic foot of gas calculated
to 12% of carbon dioxide (C09) at standard conditions for combustion.
sources.
(2.0) SECTION 4.02 CONCEALMENT OR MASKING RESTRICTIONS
It shall be unlawful for any person to willfully cause or permit the
installation or use of any device or use of any means which, without
resulting in a reduction in the total amount of particulate matter
discharged, conceals or dilutes the emissions which would otherwise
violate Section 4.01 of this regulation.
(9.0) SECTION 4.03 ANALYSIS AND TESTING REQUIREMENTS
(a) The requirements of Section 4.02 shall be measured in a manner which
conforms with good engineering practice and is approved by the
Control Officer or in accordance with modified procedures mutually
agreed upon by the equipment owner or operator and the Authority.
A copy of current approved test procedures shall be kept on file
in the office of the Authority.
(b) The Control Officer or his authorized agent may obtain from the
owner or lessee of an emission source such information or analysis
as will disclose the nature, extent, or quantity of degree of air
contaminants which are or may be discharged by such a source, and
type of nature of control equipment in use, when such information
or analysis is available or reasonably capable of being assembled.
(c) The Control Officer or his authorized agent may require that safe
access and adequate sampling facilities be provided the Authority
by the owner or lessee of an emission source to be tested. The
Authority must give notice of at least fifteen (15) days to the
owner of the source to be tested.
-288-
-------
(2.0) SECTION 4.04 MAXIMUM EMISSION RATE
It shall be unlawful for any person to cause or allow the discharge
of particulate matter into the atmosphere from any single source which
exceeds the rate of 40 pounds per hour.
-289-
-------
ARTICLE V
(7.0) BREAKDOWNS AND EXCEPTIONS
(7.0) SECTION 5.01 REPORT OF BREAKDOWN
(a) The owner or operator of a source which emits pollutants exceeding
any of the limits established by this Regulation as a direct result
of unavoidable upset conditions or unavoidable and unforeseeable
breakdown of equipment or control apparatus may be exempt from
penalties if:
(1) The upset or breakdown is reported to the Authority on the next
regular working day.
(2) The owner or operator shall, upon request of the Control
Officer, submit a report giving:
(i) The causes
(ii) The steps to be taken to repair the breakdown, and
(iii) A time schedule for the completion of the repairs.
(b) The Control Officer on a receipt of a report (Subsection A. 2)
from the owner or operator describing a breakdown may:
(1) Allow continued exempt operation but only for a limited time
period, after which the owner or operator will be required to
comply with this Regulation or be subject to the penalties
in Section 2.11 of Regulation I. An exemption granted under
this Section 5.01 may be withdrawn if the exempt operation
becomes a cause of complaints.
(2) Require that the plant curtail or cease operations until
repairs are completed if the quantity of pollutants or the
nature of the pollutants could cause damage.
(2.0) SECTION 5.02 EXCEPTION TO THIS ARTICLE
The following equipment is exempt from this Article:
(1) Fuel-burning equipment used exclusively in a dwelling serving
less than five (5) families.
-290-
-------
REGULATION II
' BENTON-FRANKLIN-WALLA WALLA AIR POLLUTION CONTROL AUTHORITY
-------
(51.13) PART D: OPEN BURNING
(2.0) SECTION 12-010 PURPOSE
This part, for the control of open burning in Benton-Franklin, and
Walla Walla Counties is adopted under the provisions of chapter 70.94 RCW,
as amended, in order to:
(1) Minimize the impact of emissions from open burning.
(2) Establish rules and procedures by which open burning may be
conducted.
(3) Encourage the development and use of alternate methods of dis-
posal for combustible waste materials.
(2.0) SECTION 12-020 APPLICABILITY
The provisions of this section shall apply to open burning except:
(1) Burning of field and turf grasses grown for seed (governed by
chapter 18-16 WAC of state regulations).
(2) Open burning for activities subject to the permit issuing au-
thority for the U.S. Forest Service within the forested area
of Walla Walla County, except that episodal rules shall apply
as outlined in section 12-035 below, and prohibited material
may not be burned.
(1.0) SECTION 12-030 DEFINITIONS
As used in this section:
(1) Agricultural open burning means open burning conducted as a
part of any agricultural operation: but not including yard and
gardening activities associated with a residence.
(2) Commercial open burning means open burning conducted as a part
of a commercial or business operation, including land clearing;
but not including agricultural open burning.
(3) Critical area means an area designated by the State Department
of Ecology or the authority as an area exceeding or threatening
to exceed any ambient air quality standard.
(4) Department means Department of Ecology.
(5) Episode means a period when meteorological conditions are likely
to occur or do occur which reduce the effective volume of air
into which air contaminants are introduced and may include fore-
cast, alert, warning or emergency state as defined in RCW 70.94.
715.
-291-
-------
(6) Land clearing means the removal of structures, trees, shrubbery
or other natural vegetation from a plot of land when such clearing
is for the purpose of changing the use of the cleared land.
(7) Open burning means the combustion of material in the open or in a
container with no provision for the control of such combustion or
the control of emissions of the combustion products.
(8) Residential open burning means burning conducted on or immediately
adjacent to a residence under supervision of the owner or tenant,
for disposal of yard debris or natural vegetation. The premises
of a residence includes the yard property immediately adjacent
to the residence which is not devoted to agricultural use other
than yard and gardening activities associated with the residence.
(9) Small fire means a fire not more than four feet in diameter nor
more than four feet high.
(10) SiIvicultural operation means the growing of trees for commercial
or recreational use, including land preparation, planting, growing
and harvesting of trees.
(8.0) SECTION 12-035 EPISODES
Will be declared by the State Department of Ecology. All fire control
authorities and news media will be immediately notified.
(1) No open fire shall be ignited during any stage of an episode.
(2) Any person or entity responsible for an open fire already ignited
any stage of an episode is declared shall immediately proceed to
extinguish the fire as soon as he learns of the existence of the
episode. At the forecast such fires shall be extinguished by
withholding any additional fuel from the fire during the alert
stage or any succeeding stage, fires must be extinguished as
quickly as possible by whatever means are best suited to this end.
(3) Fires shall not be left unattended even though weather conditions
do not indicate possibility of an episodal occurrence.
(4) Permits shall be obtained from local fire authorities, who will
withhold such during the episode, and cancel outstanding permits
when an episode approaches.
(51.13) SECTION 12-045 PROHIBITED MATERIALS
Except as provided in WAC 18-12-055, the following material shall not
be burned in any open fire:
(1) Garbage
-292-
-------
(2) Dead Animals
(3) Asphalt
(4) Petroleum products
(5) Paints
(6) Rubber products
(7) Plastics
(8) Any substance, which normally emits dense smoke or obnoxious
odors
(2.0) SECTION 12-055 EXCEPTIONS
There are no exceptions to the episode provisions WAC 18-12-035 and
to section 12-035 of this regulation. Otherwise, exception to the pro-
visions of this paragraph shall be made only as follows:
(1) Upon order of a duly authorized health officer, diseased animals
and other infested material may be burned as required to prevent
spreading of the infestation.
(2) Upon order of a fire protection agency and with prior concurrence
of the board or the control officer, fires for the disposal of
materials presenting any danger to life, property, or public
welfare may be burned, provided no approved practical alternative
method of disposal is available.
(3) Upon notification to the authority, fires authorized by a fire
protection agency as necessary for training purposes may be burned.
(4) The following types of fires also may be burned subject to local
fire regulations, provided that they do not contain prohibited
materials as set forth in section 12-045.
(a) Fires for recreational, religious, ceremonial, or for like
social purposes.
(b) Small fires set for hand-warming purposes on construction
sites.
(51.13) SECTION 12-065 RESIDENTIAL OPEN BURNING
(1) No open fire shall be conducted on the premises of any residence:
(a) Within a critical area designated pursuant to section 12-095,
(b) During any stage of an episode (see section 12-035).
-293-
-------
(c) Which fire contains prohibited materials, as set forth in
section 12-045.
(d) Which fire contains any material other than dry natural
vegetation and wood wastes generated on the premises. (In
outlying areas where there is a trash collection service,
dry papers may be burned but no prohibited materials to
be included.)
(e) Which fire is larger than the dimension for a small fire,
(four feet in diameter and four feet high maximum).
(2) Small fires on the premises of a residence may be conducted for
the purposes of disposing of natural vegetation and wood wastes
generated on the premises provided that
(a) None of the provisions of subsection (1) of this section
are violated.
(b) Such fires do not violate any regulations of a local fire
protection agency or any local county or city ordinance or
resolution pertaining to nuisance abatement.
(51.13) SECTION 12-075 COMMERCIAL OPEN BURNING
(1) No permit shall be issued for commercial open burning and no
commercial open burning shall be conducted:
(a) Within a critical area designated pursuant to section 12-095;
the State Department of Ecology regulation.
(b) During any stage of an episode (see WAC 18-12-035).
(c) Which burning contains prohibited materials, as set forth
in section 12-035 (1).
(d) Where an approved practical alternate method of disposal
is readily available.
(2) No commercial open burning shall be conducted, without a permit
from the local fire authority and concurrence of the Air Pollu-
tion Control Authority, within one mile of any incorporated city
or town. Permits shall be withheld unless;
(a) None of the provisions of section 12-075 (1) would be vio-
lated upon burning and
(b) The applicant demonstrates that no approved practical
alternate method of disposal is available; and
-294-
-------
(c) The applicant demonstrates that burning as requested is
reasonable and necessary to successfully carry out the
enterprise the applicant is engaged in and
(d) The burning will not violate any regulations of a local
fire protection agency designed to prevent or abate fire
hazards nor provisions of any local or city ordinance or
resolution pertaining to nuisances.
After July 1, 1975, no commercial open burning shall be
conducted in any area without a variance issued under
section 4-080 and such shall be so only if all of the
requirements set forth above in this section are satis-
fied.
(3) Taking into consideration population concentration and local
conditions affecting air quality, the authority shall condition
authorizations hereunder to minimize air pollution insofar as
practical; including but not limited to restricting the per-
missible hours of burning, restricting the size of fires, im-
posing requirements for good combustion practice, restricting
burning to specified waste conditions.
(51.13) SECTION 12-085 AGRICULTURAL OPEN BURNING
(1) . No permit shall be issued for agricultural open burning and no
agricultural open burning shall be conducted:
(a) Within a critical area designated pursuant to section
12-095; the State Department of Ecology regulations.
(b) During any stage of an episode (see section 12-035).
(c) Which burning contains prohibited materials, as set forth
in section 12-035 (1).
(d) Which burning contains any material other than dry natural
vegetation, dormant prunings, and wood wastes generated on
the property which is the burning site or which was trans-
ported to the burning site by natural means.
(2) Except as provided in subsection (3) of this section, no agri-
cultural open burning shall be conducted without a permit from
the local fire department. Permits hsall be issued only if:
(a) None of the provisions of section 12-085 (1) would be vio-
lated upon the burning; and
(b) The applicant demonstrates that burning as requested is
reasonable and necessary to successfully carry out the
enterprise the applicant is engaged in; and
-295-
-------
(c) The burning will not violate any regulations of a local
fire protection agency designed to prevent or abate fire
hazards nor provisions of any county or city ordinance or
resolution pertaining to nuisances; and
(d) Alternatively, either:
(i) The burning is necessary to control disease or insect
infestation and alternate measures are not available:
(ii) The burning is necessary for the development of phy-
siological conditions conducive to increased crop
yield and alternate means are not available:
(iii) The applicant demonstrates that no approved practical
alternate method of disposal is available, (see
section 12-010).
In making a determination under (d), (i), (ii) above,
the authority will consult with the county extension
agent.
(3) Agricultural open burning may be conducted without a permit in
certain areas of the district where no fire protection is es-
tablished if;
(a) None of the provisions of section 12-085 (1) and (2) would
be violated by the burning, and the burning is scheduled in
coordination with the field board progarm of the nearest
adjacent fire district.
(b) The burning is for the purpose of destroying weeds or crop
residue along fence rows, ditches or waterways: Or is for
the purpose of destroying weeds or crop residue from cul-
tivated fields of "one acre of less.
(4) Taking into consideration population concentration and local
conditions affecting air quality, the authority and local fire
authorities will conditionally approve authorizations hereunder
so as to minimize air pollution insofar as practicable, such
limitations including but not limited to restricting the permissible
hours for burning, restricting the size of fires, imposing
requirements for good combustion practice, restricting burning
to specified wind conditions.
-296-
-------
(8-0) SECTION 12-095 CRITICAL AREA DESIGNATION
(1) The State Department of Ecology will designate as critical areas
those geographical areas where ambient air quality standards for
suspended parti culates established by WAC 18-40-030 are being
exceeded or threaten to be exceeded. These designations will
be based on monitoring data gathered at existing primary air
monitoring stations and comprise such areas as may reasonably
be included by modeling techniques.
(2) Upon receipt of such advice from the State Department of Ecology,
the board will schedule public hearings on the proposed desig-
nations, and assemble relevant data including:
(a) Whether the designation should apply to the entire district,
or to parts of it.
(b) Whether the designation should be seasonal or permanent.
(c) Testimony regarding the over-all situation and detailed
recommendations.
(3) The board will decide whether and what restrictions are to be
applied and define the critical area. If the board and the State
Department of Ecology cannot agree, the state has over-riding
authority to designate the areas by rule making procedure, but
only after another public hearing.
(4) No open burning shall be conducted in any designated critical
area.
(8.0) SECTION 12-120 SMOKE MANAGEMENT PROGRAMS
The authority will enter into arrangements with local (and particu-
larly rural) fire departments for issuance of fire burning permits and
coordination of the fires to conform to optimum smoke management princi-
ples, and to assure that no such burning is performed during episodes.
These programs shall apply to:
(1) Alfalfa seed straw and chaff which is burned to control Chalcid
Fly.
(2) Clover seed straw and chaff which is burned to control Chalcid
(3) Grain field stubble where the soil cannot absorb any more such
material and where the county agricultural agent certifies that
burning is required.
-297-
-------
(4) Grass seed fields under the state program covered in WAC 18-16
insofar as the actual scheduling of the field burns requires
coordination with other burning in the area. Collection of the
fifty cents (50
-------
FEDERALLY PROMULGATED
REGULATIONS
-------
04.0) 52.2474 General Requirements
(a) Regulation for Public Availability of Emission Data.
1. Any person who cannot obtain emission data from the Agency
responsible for making emission data available to the public,
as specified in the applicable plan, concerning emissions
from any source subject to emission limitations which are part
of the approved plan mav request that the appropriate
Regional Administrator obtain and make public such data.
Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator
of any such source to submit information within 30 days on
the nature and amounts of emissions from such source and any
other information as may be deemed necessary by the Regional
Administrator to determine whether such source is in com-
pliance with applicable emission limitations or other con-
trol measures that are part of the applicable plan.
2. Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (a) (1) of this section,
the owner or operator of the source shall maintain records
of the nature and amounts of emissions from such source and
any other information as may be deemed necessary by the
Regional Administrator to determine whether such source is
in compliance with applicable emission limitations or other
control measures that are part of the plan. The information
recorded shall be summarized and reported to the Regional
Administrator, on forms furnished by the Regional Administra-
tor, and shall be submitted within 45 days after the end of
the reporting period. Reporting periods are January 1 to
June 30 and July 1 to December 31.
3. Information recorded by the owner or operator and copies of
this summarizing report submitted to the Regional Adminis-
trator shall be retained by the owner or operator for 2 years
after the date on which the pertinent report is submitted.
4. Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limita-
tions and other control measures that are part of the
applicable plan and will be available at the appropriate
regional office and at other locations in the state designa-
ted by the Regional Administrator.
(9.0)
52.2477 Source Surveillance
(a) The requirements of 51.19(d) of this chapter are not met with
respect to the "Transportation Control Strategies" submitted on
April 13, 1973, because procedures are not provided for monitoring
-299-
-------
the status of the traffic signal optimization, heavy-duty vehicle
exclusion, and inspection programs in the Puget Sound Intrastate
Region and Washington's portion of the Eastern Washington-North-
ern Idaho Interstate Region, and of the accelerated transit pro-
gram in Washington's portion of the Eastern Washington-Northern
Idaho Interstate Region.
(b) A regulation for surveillance of the traffic signal optimization
program approved in 52.2473, and for the regulations promulgated
in 52.2485, 52.2490, and 52,2491 is contained herein.
(c) Regulation for monitoring transportation mode trends.
(1) This paragraph is applicable to the Puget Sound Intrastate
Region and Washington's portion of the Eastern Washington-
Northern Idaho Interstate Region.
(2) In order to assure the effectiveness of the inspection and
maintenance program and the retrofit devices required under
52.2485, 52.2490, and 52.2491, the State of Washington shall
monitor the actual per-vehicle emission reductions occurring
as a result of such sections. All data obtained from such
monitoring shall be included in the quarterly report sub-
mitted to the Administrator by the State of Washington in
accordance with 51.7 of this chapter. The first quarterly
report shall cover the period from January 1 to March 31,
1976.
(3) In order to assure the effectiveness of the traffic signal
optimization program approved in 52.2473, the State of
Washington shall monitor vehicle miles traveled and average
vehicle speeds for each area in which the traffic signal
optimization program is in effect, and during such time
periods as may be appropriate to evaluate the effectiveness
of such a program. All data obtained from such monitoring
shall be included in the quarterly report submitted to the
Administrator by the State of Washington in accordance with
51.7 of this chapter. The first quarterly report shall cover
the period from January 1 to March 31, 1974. The data col-
lected during the first quarter of calendar years 1976 and
1977 shall be submitted to the Administrator no later than
15 days after the end of such quarter. The vehicle miles
traveled and vehicle speed data shall be collected on a
monthly basis, and submitted in a format similar to Table 1.
-300-
-------
TABLE 1
Time period -
Affected area
VMT or average vehicle speed
Roadway Type
Vehicle Vehicle
type (1) type (2)*
Freeway - -
Arterial -
Collector
* Continue with other vehicle types as appropriate.
(4) No later than February 1, 1974, the State of Washington shall
submit to the Administrator a compliance schedule to carry
out the monitoring requirements in paragraph (c)(2) of this
section. The compliance schedules shall include the follow-
ing:
(i) The agency or agencies responsible for conducting,
overseeing, and maintaining the monitoring programs.
(ii) The Administrative processes to be used.
(iii) A description of the methods to be used to collect
the emissions data, vehicle miles traveled data, and
vehicle speed data; a description of any modeling
techniques to be used; a description of the geographi-
cal area to which the data apply; identification of
the location at which the data will be collected; and
the time periods during which the data will be col-
lected.
(6.0) 52.2431 Compliance Schedules
(d) Federal Compliance Schedules
(1) Except as provided in subparagraph (9) of this paragraph,
the owner or operator of any petroleum refinery subject to the
-301-
-------
following emission limiting regulation in the Washington
Implementation Plan shall comply with the compliance schedule
in subparagraph (2) of this paragraph: Northwest Air Pol-
• lution Authority, Regulation .II, Section 2.12, Paragraph E,
where applicable (appendix B of the Washington Implementation
Plan).
(2) Compliance schedule for petroleum refineries.
(i) March 1, 1974 - Complete onsite construction or instal-
lation of emission control equipment or process modi-
fication.
(ii) July 1, 1974 - Achieve compliance with the applicable
regulations, and certify such compliance to the Admin-
istrator.
(iii) If a performance test is necessary for a determination
as to whether compliance has been achieved, such a test
must be completed by July 1, 1974. Ten days prior to
such a test, notice must be given to the Administrator
to afford him the opportunity to have an observer pre-
sent.
(iv) Within five days after the deadline for completing
increments in subdivisions (ii) and (iii) in this sub-
paragraph, certify to the Administrator whether the
increment has been met.
(3) (i) None of the above subparagraphs shall apply to a source
which is presently in compliance with applicable
regulations and which has certified such compliance to
the Administrator by October 1, 1973. The Administrator
may request whatever supporting information he considers
necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved
by the Administrator shall satisfy the requirements of
this paragraph for the affected source.
(iii) Any owner or operator subject to a compliance schedule
in this paragraph may submit to the Administrator no
later than October 1, 1973, a proposed alternative com-
pliance schedule. No such compliance schedule may
provide for final compliance after the final compliance
date in the applicable compliance schedule of this
paragraph. If promulgated by the Administrator, such
schedule shall satisfy the requirements of this para-
graph for the effected source.
-302-
-------
(4) Nothing in this paragraph shall preclude the Administrator
from promulgating a separate schedule for any source to
which the application of a compliance schedule in this para-
graph fails to satisfy the requirements of 51.15 (b) and
(c) of this chapter.
(38 FR 22751, Aug. 23, 1973, as amended at 38 FR 24342,
Sept. 7, 1973)
(7.0) 52.2485 Inspection and Maintenance Program
(a) Definitions:
(1) "Inspection and maintenance program" means a program for
reducing emissions from in-use gasoline-powered vehicles
through identifying vehicles that need emission-control-
related maintenance and requiring that such maintenance
be performed.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib gross vehicle weight (GVW) or less. .
(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 Ib GVW and less than 10,000 Ib
GVW.
(4) All other terms used in this section that are defined in
Part 51, Appendix N, of this chapter are used herein with
the meanings so defined.
(b) This regulation is applicable to light- and medium-duty vehicles
in all the counties that constitute the Puget Sound Intrastate
Air Quality Control Region and the light-duty vehicles in the
county of Spokane in the Eastern Washington-Northern Idaho
Interstate Air Quality Control Region (hereafter referred to as
the Regions).
(c) The State of Washington shall establish an inspection and main-
tenance program applicable to all light-duty and medium-duty
vehicles registered in the Regions as specified in paragraph
(b) of this section that operate on public streets or highways
over which it has ownership or control. The State may exempt
any class or category of vehicles that the State finds is rarely
used on public streets or highways (such as classic or antique
vehicles). No later than April 1, 1974, the State shall submit
legally adopted regulations to the Administrator establishing
such a program. The regulations shall include:
-303-
-------
(1) Provisions for inspection of all light-duty and medium-
duty motor vehicles at periodic intervals no more than 1
year apart by means of an idle-mode emission test.
(2) Provisions for inspection failure criteria consistent with
the failure of 50 percent of the vehicles in the first
inspection cycle.
(3) Provisions to ensure that failed vehicles receive main-
tenance to achieve compliance with the inspection standards.
These shall include sanctions against individual owners and
repair facilities: retest of failed vehicles following
maintenance; use of a certification program to ensure that
repair facilities performing the required maintenance have
the necessary equipment, parts, and knowledgeable operators
to perform the tasks satisfactorily; and use of such other
measures as may be necessary or appropriate.
(4) A program of enforcement to ensure that vehicles are not
intentionally readjusted or modified subsequent to the
inspection and/or maintenance in such a way as would cause
them to no longer comply with the inspection standards.
This enforcement program might include spot checks of idle
adjustments and/or a suitable type of physical tagging.
This program shall include appropriate penalties for vio-
lation.
(5) Provisions for beginning the first inspection cycle by
August 1, 1975, and completing it by May 31, 1976.
(6) Designation of an agency or agencies responsible for con-
ducting, overseeing, and enforcing the inspection and
maintenance program.
(d) After May 31, 1976, the State shall not register or allow to
operate on public streets or highways any light- or medium-duty
vehicles that does not comply with the applicable standards and
procedures adopted pursuant to paragraph (c) of this section. This
shall not apply to the initial registration of a new motor vehicle.
(e) After May 31, 1976, no owner of a light-duty or medium-duty
vehicle shall operate or allow the operation of such vehicle that
does not comply with the applicable standards and procedures
adopted pursuant to paragraph (c) of this section. This shall
not apply to the initial registration of a new motor vehicle.
-304-
-------
(f) The State of Washington shall submit, no later than February 1,
1974, a detailed compliance schedule showing the steps it will
take to establish and enforce an inspection and maintenance
program pursuant to paragraph (c) of this section, including:
(1) The text of needed statutory proposals and regulations that
it will propose for adoption.
(2) The date by which the State will recommend needed legislation
to the State legislature.
(3) The date by which necessary equipment will be ordered.
(4) A signed statement from the Governor or his designee iden-
tifying the sources and amounts of funds for the program.
If funds cannot legally be obligated under existing statutory
authority, the text of needed legislation shall be submitted.
(12.0) 52.2486 Management of Parking Supply
(a) Definitions:
(1) "Parking facility" (also called "facility") means a lot,
garage, building or structure, or combination or portion
thereof, in or on which motor vehicles are temporarily
based.
(2) (Reserved)
(3) "Construction" means fabrication, erection, or installation
of a parking facility, or any conversion of land, buildings,
or structures, or portions thereof, for use as a facility.
(4) "Modification" means any change to a parking facility that
increases or may increase the motor vehicle capacity of,
or the motor vehicle activity associated with, such park-
ing facility.
(5) "Commence" means to undertake a continuous program of on-
site construction or modification.
(6) "Parking space" means any area or space below, above, or at
ground level, open or enclosed, on-street or off-street, that
is used for parking one motor vehicle at any time.
(7) "Residential parking facility" means a parking facility the
use of which is limited exclusively to residents (and
guests) of a residential building or group of buildings under
common control and in which no commercial parking is per-
mitted.
-305-
-------
(8) "Seattle central business district" means the area enclosed
by Yesler Way, the 1-5 freeway, Eighth Avenue, Virginia
Street, and the Alaska Way Viaduct. Streets forming
boundaries (excluding the 1-5 freeway and the Alaska Way
Viaduct) shall be part of the central business district (CBD),
(9) "Spokane central business district" means the area enclosed
by Trent Avenue, Monroe Street, Third Avenue, and Division
Street. Streets forming boundaries shall be part of the
central business district.
(b) This section shall be applicable in the Seattle and Spokane CBD's.
(c) - (e) (Reserved)
(f) All applications for approval under this section shall include
the following information:
(1) Name and address of the applicant.
(2) Location and description of the parking facility.
(3) A proposed construction schedule.
(4) (Reserved)
(5) The total motor vehicle capacity before and after the con-
struction or modification of the facility.
(6) Additional information, plans, specifications, or documents
required by the Administrator.
(g) - (h) (Reserved)
(i) Each application shall be signed by the owner or operator of the
facility, whose signature shall constitute an agreement that the
facility shall be operated in accordance with the information
submitted in the application and with applicable rules, regula-
tions, and permit conditions.
(j) - (k) (Reserved)
(1) There shall be no increase in the number of non-residential park-
ing spaces within the Seattle and Spokane CBD above the number
present as of November 19, 1973. Any parking facility which
provides or would provide vehicular ingress or egress to or from
-306-
-------
a street boundary of a CBD shall be considered included
within such CBD. Any parking facility beneath a street forming
a boundary shall be considered to be included within such CBD.
(m) On a semiannual basis, beginning February 15, 1974, the city of
Seattle and the city of Spokane shall report to the Adminis-
trator the total number of non-residential and the total number
of residential on-street and off-street parking spaces in their
respective CBD's. Thereafter, such cities shall report any re-
duction in the number of such parking spaces to the Administrator.
(n) No person or entity, after November 19, 1973, shall commence con-
struction or modification of any new non-residential parking
facility in the Seattle or Spokane CBD, nor shall any person
or entity take any action having the effect of creating new non-
residential parking spaces in such CBD, unless and until such
person or entity has obtained from the Administrator or from an
agency approved by the Administrator a permit stating that con-
struction, modification, or enlargement of such facility will be
in compliance with paragraph (1) of this section.
(o) By May 31, 1974, each owner or operator of any parking facility
located within the Seattle and Spokane CBD shall reserve 10
percent of the parking spaces in such facility for vehicles trans-
porting three or more occupants between the hours of 7 a.m. to
7 p.m., Monday through Friday, excluding legal holidays. On or
before March 1, 1974, each such owner or operator shall submit
to the Administrator a detailed compliance schedule showing the
steps it will take to assure compliance with this paragraph.
(p) The city of Seattle and the city of Spokane shall report to the
Administrator on a semiannual basis beginning August 15, 1974,
the average daily occupancy of the spaces reserved for vehicles
transporting three or more occupants.
(39 FR 40857, Nov. 21, 1974)
(12.0) 52.2490 Air bleed to intake manifold retrofit
(a) Definitions:
(1) "Air bleed to intake manifold retrofit" means a system or
device (such as modification to the engine's carburetor)
that results in engine operation at an increased air-fuel
-307-
-------
ratio so as to achieve reduction in exhaust emissions of
hydrocarbon and carbon monoxide from 1967 and earlier light-
duty vehicles of at least 21 and 58 percent, respectively,
and from 1973 and earlier medium-duty vehicles of at least
15 and 30 percent, respectively.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib gross vehicle weight (GVW) or less.
(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 Ib GVW and less than 10,000 Ib GVW.
(4) All other terms used in this section that are defined in
Part 51, Appendix N. of this chapter are used herein with
meanings so defined.
(b) This section is applicable to light- and medium-duty vehicles in
all the counties that constitute the Puget Sound Intrastate Air
Quality Control Region and is applicable to light-duty vehicles
in the county of Spokane in the Eastern Washington-Northern
Idaho Interstate Air Quality Control Region (hereafter referred
to as the Regions).
(c) The State of Washington shall establish a retrofit program to
ensure that on or before May 31, 1976, all light-duty vehicles
of model years prior to 1968, and medium-duty vehicles of model
years prior to 1974, registered in the Regions as specified in
paragraph (b) of this section are equipped with an appropriate
air bleed to intake maniford device. No later than February 1,
1974, the State of Washington shall submit to the Administrator
a detailed compliance schedule showing the steps it will take to
establish and enforce a retrofit program pursuant to this
section, including the text of statutory proposals, regulations,
and enforcement procedures that the State proposes for adoption.
The compliance schedule shall also include a date by which the
State shall evaluate and approve devices for use in this program.
Such date shall be no later than September 30, 1974.
(d) No later than April 1, 1974, the State shall submit legally
adopted regulations to the Administrator establishing such a
program. The regulation shall include:
(1) Designation of an agency responsible for evaluating and
approving such devices for use on vehicles subject to this
section.
(2) Designation of an agency responsible for ensuring that the
provisions of paragraph (d) (3) of this section are enforced.
-308-
-------
(3) Provisions for beginning the installation of the air bleed
devices by August 1, 1975, and completing the installation
of the devices on all vehicles subject to this section no
later than May 31, 1976.
(4) A provision that starting no later than May 31, 1976, no
vehicle for which retrofit is required under this section
shall pass the annual emission tests provided for by 52.2485
unless it has been first equipped with an approved air bleed
to intake manifold device, which the test has shown to be
installed and operating correctly. The regulations shall
include test procedures and failure criteria for implement-
ing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of
retrofit components.
(e) After May 31, 1976, the State shall not register or allow to
operate on its streets or highways any gasoline-powered vehicle
that does not comply with the appliable standards and procedures
adopted pursuant to paragraph (d) of this section.
(f) After May 31, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implement-
ing this section.
(38 FR 32677, Nov. 27, 1973)
(12.0) 52.2491 Exhaust Gas Recirculation-air Bleed
(a) Definitions:
(1) "Exhaust gas recirculation (EGR)-air bleed" means a system
or device (such as modification of the engine's carburetor
or positive crankcase ventilation system) that results in
engine operation at an increased air-fuel ratio so as to
achieve reductions in exhaust emissions of hydrocarbons and
carbon monoxide of 25 percent and 40 percent, respectively,
from light-duty vehicles of model years 1963-1970.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib gross vehicle weight (GVW) or less.
(3) All other terms used in this section that are defined in
Part 51, Appendix N, of this chapter are used herein with
the meanings so defined.
-309-
-------
(b) This section is applicable in all the counties that constitute
the Puget Sound Intrastate Air Quality Control Region and in the
county of Spokane in the Eastern Washington-Northern Idaho Inter-
state Air Quality Control Region (hereafter referred to as the
Regions).
(c) The State of Washington shall establish a retrofit program to
ensure that on or before May 31, 1976, all gasoline-powered,
light-duty vehicles of model years 1968-1970, inclusive, operated
on public streets and highways in the areas defined in paragraph
(b) of this section, are equipped with an appropriate EGR-air
bleed device. No later than February 1, 1974, the State of
Washington shall submit to the Administrator a detailed com-
pliance schedule showing the steps it will take to establish and
enforce a retront program pursuant to this section, including
the text of statutory proposals, regulations, and enforcement
procedures that the State proposes for adoption. The compliance
schedule shall also include a date by which the State shall
evaluate and approve devices for us in this program. Such date
shall be no later than September 30, 1974.
(d) No later than April 1, 1974, the State shall submit legally adopted
regulations to the Administrator establishing such a program. The
regulation shall include:
(1) Designation of an agency responsible for evaluating and
approving such devices for use on vehicles subject to this
section.
(2) Designation of an agency responsible for ensuring that the
provisions of paragraph (d) (3) of this section are enforced.
(3) Provisions for beginning the installation of the EGR-air bleed
devices by August 1, 1975, and completing the installation
of the devices on all vehicles subject to this section no
later than May 31, 1976.
(4) A provision that starting no later than May 31, 1976, no
vehicle for which retrofit is required under this section
passes the annual emission test provided for by 52.2485 unless
it has been first equipped with an approved EGR-air bleed
device, which the test has shown to be installed and operat-
ing correctly. The regulations shall include test procedures
and failure criteria for implementing this provision.
(5) Methods and procedures for ensuring that those installing
the retrofit devices have the training and ability to per-
form the needed tasks satisfactorily and have an adequate
supply of retrofit components.
-310-
-------
(e) After May 31, 1976, the State shall not register or allow to
operate on its streets or highways any gasoline-powered, light-
duty vehicle subject to this section that does not comply with
the applicable standards and procedures adopted pursuant to
paragraph (d) of this section.
(f) After May 31, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that
does not comply with the applicable standards and procedures
implementing this section.
(12.0) 52.2492 Computer Carpool Matching System
(a) Definitions:
(1) "Carpool matching" means assembling lists of commuters whose
daily travel plans indicate they might carpool with each
other and making such lists available to such commuters to
aid them in forming carpools.
(2) "Computer-aided carpool matching" means a carpool matching
system in which the work of assembling lists of commuters
with similar daily travel patterns is done by computer.
(b) This section is applicable in all counties included in the
Puget Sound Intrastate Air Quality Control Region and in the
county of Spokane in the Eastern Washington-Northern Idaho
Interstate Air Quality Region.
(c) By January 15, 1974, the State of Washington shall submit to
the Administrator a compliance schedule showing the steps it
will take, and a timetable for such steps, to develop a com-
puterized carpool matching system pursuant to the provisions of
paragraph (d) of this section.
(d) Beginning April 1, 1974, the State of Washington shall establish
a computer-aided carpool matching system that is conveniently
available to all employees of employers having more than 10
employees and to all students of colleges and universities with-
in the areas designated in paragraph (b) of this section. No
later than March 1, 1974, the State shall submit legally adopted
regulations to the Administrator establishing such a system.
The regulations shall include:
(1) A method of collecting information that will include the
following as a minimum:
(i) Provisions for each affected employee or student to
receive an application form with a cover letter des-
cribing the matching program.
-311-
-------
(ii) Provisions on each application for the appliant to
identify home and work locations, and time of daily
departure from each, and the applicant's desire to
drive only, ride only, or share driving.
(2) A computer method of matching information that will have
provisions for locating each applicant's origin and des-
tination within a grid system covering the areas to and
from which affected employees commute and for matching
applicants in the same origin and destination grids with
compatible travel schedules.
(3) A method for providing continuing service such that the
master list of all applicants is retained and available for
use by new applicants, applications are currently available,
and the master list is periodically updated to remove
applicants who have moved from the area served.
(4) An agency or agencies responsible for operating, overseeing,
and maintaining the carpool computer matching system.
(e) By September 30, 1974, the State shall submit to the Administra-
tor a progress report indicating the number of persons utilizing
the program and any revision made or to be made in the program.
(12.0) 52.2493 Transit Improvement Measures
(a) Definitions:
(1) "Transit improvement measures" means those actions or com-
binations of actions taken by the Metropolitan Transit Div-
ision of the Municipality of Metropolitan Seattle (METRO)
and the city of Spokane to promote the attractiveness and
increased use of public mass transit systems.
(2) "Park and ride lot" means a parking facility for the park-
ing of private automobiles and bicycles of mass transit
users.
(3) "Seattle central business district" means the area enclosed
by Yesler Way, the 1-5 freeway, Eighth Avenue, Virginia
Street, and the Alaska Way Viaduct. Streets forming
boundaries (excluding the 1-5 freeway and the Alaska Way
Viaduct) shall be part of the central business district.
(4) "Spokane central business district" means the area
enclosed by Trent Avenue, Monroe Street, Third Avenue, and
Division Street. Streets forming boundaries shall be part
of the central business district.
-312-
-------
(5) "Exclusive bus lane" means a lane on a street or highway for
the exclusive use of buses, whether constructed expecially
for that purpose or converted from an existing lane.
(6) "Downtown transit service" means regularly scheduled transit
operation directly to a central business district.
(7) "Magic carpet project" means the 1-year experimental program
supported by the City of Seattle and METRO of free fare
transit service in the area bounded by Western Avenue,
Stewart Street, Sixth Avenue, and Jackson Street as funded
and authorized by City Council Resolution 102452 and
METRO Council Resolution 1926.
(b) The following transit improvement measures shall be implemented
by the City of Seattle and METRO:
(1) METRO shall complete at least eight park and ride lots, with
a combined vehicular capacity of at least 5,000, by May 31,
1975, and additional lots with a capacity of 2,000 by May
31, 1976. No such park and ride lot shall be closer than
0.5 mile to any boundary of the Seattle central business
district.
(i) METRO shall provide downtown transit service at each
park and ride lot required by paragraph (b) (1) of this
section.
(ii) METRO shall submit to the Administrator for his approval
no later than May 31, 1974, a detailed compliance
schedule showing the steps it will take to establish
the park and ride lots required by this paragraph. The
schedule shall contain at a minimum the following:
(a) Proposed location and vehicular capacity of each lot;
(b) Proposed dates for acquisition of land and initia-
tion of operation;
(c) Necessary interagency agreements to implement the
measure; and
(d) A statement signed by the Executive Director of
METRO identifying the sources and amount of funds
for each project.
(iii) On June 30, 1974, and on a semiannual basis thereafter,
the Executive Director of METRO shall report to the
-313-
-------
Administrator the progress made in implementation of
the measure. Such reports shall contain, as a minimum,
data on increased ridership on downtown transit service
and number of vehicles using each lot.
(2) The City of Seattle and METRO shall continue the Magic
Carpet Project at least until September 8, 1974. The City
of Seattle and METRO shall report to the Administrator on
January 30, 1974, and June 30, 1974, the daily average
increased ridership in the Magic Carpet Project zone and
any other information available to substantiate the effective-
ness of this measure.
(3) The City of Seattle shall establish at least one exclusive
bus lane running in each direction on Second Avenue and on
Fourth Avenue from Denny Street to Jackson Street by
January 1, 1975, or, upon obtaining the approval of the
Administrator, shall establish other exclusive bus lanes
within the Seattle central business district containing
at least an equivalent number of miles to the system herein-
before specified.
(i) The City of Seattle shall submit no later than January
30, 1974, a detailed compliance schedule showing the
steps it will take to establish these bus lanes and
to enforce the limitations on their use. The schedule
shall provide for the following:
(a) Exclusive bus lanes prominently indicated by
distinctive painted lines, pylons, or physical
barriers and signs.
(b) Proposed ordinances or regulations to prohibit motor
vehicles other than buses from operating on any
exclusive bus lane. Exemptions may be specified
for emergency vehicles.
(c) A signed statement by the Mayor of the City of
Seattle or his designee identifying the sources
and amount of funds.
(4) No later than May 31, 1974, the City of Seattle shall submit
to the Administrator legally adopted regulations to implement
and enforce the provisions of this paragraph.
(c) The following transit improvement measures shall be implemented
by the City of Spokane:
-314-
-------
(1) The City of Spokane shall complete at least six park and ride
lots with a combined vehicular capacity of at least 2,000
by May 31, 1975. No such park and ride lot shall be closer
than 0.5 mile to any boundary of the Spokane central business
district.
(i) The City of Spokane shall provide downtown transit ser-
vice at each park and ride lot required by paragraph
(c) (1) of this section.
(ii) The City of Spokane shall submit to the Administrator
for his approval, no later than May 31, 1974, a detailed
compliance schedule showing the steps it will take to
establish the park and ride lots required by this para-
graph. The schedule shall contain at a minimum the
following:
(a) Proposed location and vehicular capacity of each lot;
(b) Proposed dates for acquisition of land and initia-
tion of operation;
(c) Necessary interagency agreements to implement the
measure; and
(d) A statement signed by the Mayor of the City of
Spokane identifying the source and amount of the
funds for each project.
(iii) On June 30, 1974, and on a semiannual basis thereafter,
the City of Spokane shall report to the Administrator
the progress made in implementation of the measure.
Such reports shall contain, as a minimum, data on
increased ridership on downtown transit service and
number of vehicles using each lot.
(12.0) 52.2494 Bike Lanes and Bike Racks
(a) Definitions:
(1) "Spokane central business district (CBD)" means the area
enclosed by Trent Avenue, Monroe Street, Third Avenue, and
Division Street. Streets forming boundaries shall be part
of the central business district.
-315-
-------
(2) "Bicycle" means a nonmotor-powered, 2-wheeled vehicle.
(3) "Bicycle-lane" means a route for the exclusive use of
bicycles, whether constructed especially for that purpose
or converted from an existing traffic lane.
(b) This section is applicable in the City of Spokane in the Eastern
Washington-Northern Idaho Interstate Air Quality Control Region.
Any parking facility that provides vehicular ingress or egress
to or from a street forming a boundary of the CBD shall be con-
sidered included within the CBD.
(c) By May 31, 1975, the City of Spokane shall provide a two-way net-
work of bicycle lanes in the following corridors:
(1) Approximately 4 miles of continuous two-way bicycle lanes
from within 0.5 mile of the intersection of Haven Street
and Welles ley Avenue to the Spokane CBD.
(2) Approximately 4 miles of continuous two-way bicycle lanes
from within 0.5 miles of the intersection of 20th Avenue and
Regal Street to the Spokane CBD.
(3) Approximately 4 miles of continuous two-way bicycle lanes
from within 0.5 miles of the intersection of 20th Avenue
and Madison Street to the Spokane CBD.
(4) Approximately 3 miles of continuous two-way bicycle lanes
from within 0.5 miles of the intersection of Sprague Avenue
and Freya Street to the Spokane CBD.
(5) Approximately 3 miles of continuous two-way bicycle lanes
from within 0.5 miles of the intersection of Driscoll
Boulevard and Garland Street to the Spokane CBD.
(6) Approximately 4 miles of continuous two-way bicycle lanes
from within 0.5 miles of the intersection of Nevada Street
and Welles ley Avenue to the Spokane CBD.
(d) By May 31, 1974, the City of Spokane shall submit to the Admin-
istrator, a detailed compliance schedule that shall, at a mini-
mum, specify:
(1) The names of streets that will provide exclusive bicycle lanes
and the location of any lanes to be constructed especially
for bicycle use.
-316-
-------
(2) The schedule on which the system of bicycle lanes will be
established. The schedule must, at a minimum, provide for
establishing 25 percent of the total mileage by September 30,
1974; 50 percent by March 31, 1975; and 100 percent by May
31, 1975.
(3) That each lane shall be at least 5 feet wide if the lanes
are to be on opposite sides of the street to provide for
two-way travel, or 10 feet wide if the lane for two-way
travel is to be on one side of the street only. Any lane
constructed for exclusive bicycle use pursuant to this
section shall provide an all-weather, hard, smooth surface
and shall conform to the foregoing width specifications.
(4) The methods to be used to clearly designate the bicycle lanes
as being reserved for the exclusive use of bicycles (such
as painted lines, pylons, or physical barriers and appropri-
ate signs).
(5) A statement signed by the Mayor of Spokane indicating the
source, amount, and adequacy of the funds to be used for
carrying out the provisions of this section.
(e) No later than April 3.0, 1974, the City of Spokane may propose
alternative corridors to those named in paragraph (c) of this
section for the Administrator's approval. The Administrator shall
not approve any such alternatives unless he finds that the re-
sulting mileage of bicycle lanes will at least equal the mile-
age established by paragraph (c) of this section, and that the
same areas are served by such alternatives.
(f) No later than July 31, 1975, every owner and operator of a park-
ing facility (as defined in 52.2486) within the Spokane central
business district shall provide bicycle parking or storage spaces
contained within such facility. Each bicycle space must be
equipped with a device whereby the bicycle can be secured to it.
For purposes of this paragraph, any parking facility that provides
vehicular ingress or egress'to or from a street forming a boundary
of the CBD shall be considered included within the CBD.
-317-
-------
(17.0) Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
-318-
-------
(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate natter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations"of "pa'rticulate
matter and sulfur dioxide no greater than the national
• ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
-319-
-------
(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
-320-
-------
under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
fol 1ows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
-321-
-------
(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator.may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
-322-
-------
source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
-323-
-------
(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
-324-
-------
Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph, (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
-325-
-------
(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public"inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
-326-
-------
(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator..
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation. Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
-327-
-------
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to- the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
-328-
------- |