Notice of Rule Changes - SWCAA 400

The Southwest Clean Air Agency has revised selected portions of SWCAA 400 “General Regulations for Air Pollution Sources,” effective November 9, 2003. The revisions contained in this proposal are intended to address the following issues:

Full Text of Revisions to SWCAA 400 is Available:

In Word (909 kb) format or Adobe PDF (887 kb) format, or upon request from Wess Safford at 360-574-3058, ext. 26. Please address all written comments to the Southwest Clean Air Agency at 11815 NE 99th Street, Suite 1294, Vancouver, WA 98682.

Adoption Hearing

An adoption hearing was held at 3:00 p.m. on October 2, 2003 concurrent with a meeting of the SWCAA Board of Directors at the new SWCAA office at 11815 NE 99th Street, Suite 1294, Vancouver, WA 98682.

Revision Summary by Section:

SWCAA 400-030 Definitions

Existing section. Proposed revisions to this section incorporate recent changes in WAC 173-400-030 and the addition of new definitions that do not appear in the current versions of SWCAA 400-030 or WAC 173-400-030. SWCAA has specifically clarified the difference between the terms "stationary source" and "source" in accordance with comments from Ecology and EPA. Additional changes to selected definitions have been added in subsequent drafts in response to specific EPA comments.

SWCAA 400-040 General Standards for Maximum Emissions

Existing section. The proposed changes consist of minor administrative editing and the deletion of the scentometer references in SWCAA 400-040(4).

SWCAA 400-045 Permit Application for Nonroad Engines

New section. The intent of the section is to provide a general mechanism for the submittal of permit applications for nonroad engines within SWCAA's jurisdiction. This section does not apply to stationary sources.

SWCAA 400-046 Application Review Process for Nonroad Engines

New section. The intent of the section is to provide a mechanism for the review and approval of nonroad engine projects within SWCAA's jurisdiction. This section does not apply to stationary sources.

SWCAA 400-050 Emission Standards for Combustion and Incineration Units

Existing section. SWCAA 400-050 is being amended to incorporate new standards for "commercial and industrial solid waste incineration units" and "small municipal waste combustion units" as adopted by Ecology in 2001.

SWCAA 400-052 Stack Sampling of Large Combustion Sources

Existing section. SWCAA 400-052 is being rewritten to clarify the requirements of the section. The intent and meaning of the section remain unchanged with no significant changes in testing methodology or affected sources.

SWCAA 400-060 Emission Standards for General Process Units

Existing section. The date of the EPA test method reference contained in the section (40 CFR 60, Appendix A) is being updated. Test method references have been expanded to include 40 CFR Parts 51, 61 and 63. No other changes are proposed.

SWCAA 400-070 Emission Standards for Certain Source Categories

Existing section. The proposed changes incorporate requirements for source categories recently added to WAC 173-400-070 and the addition of source categories not currently included in WAC 173-400-070.

SWCAA 400-075 Emission Standards for Sources Emitting Hazardous Air Pollutants

Existing section. SWCAA 400-075 is being changed to incorporate updated reference dates and new requirements from 40 CFR Parts 63 and 65.

SWCAA 400-076 Emission Standards for Sources Emitting Toxic Air Pollutants

Existing section. The proposed changes update definitions, cross sectional references, and sectional titles found in the text of SWCAA 400-076, and make minor corrections to maintain consistency with other sections of SWCAA 400.

SWCAA 400-081 Startup and Shutdown

Existing section. Minor editorial changes have been made to improve clarity and satisfy EPA comments. No changes in substantive requirements have been made.

SWCAA 400-091 Voluntary Limits on Emissions

Existing section. The proposed changes consist of minor changes in terminology to maintain consistency with other sections of SWCAA 400.

SWCAA 400-100 Registration Requirements

Existing section. The proposed changes correct outdated text and remove subsections that refer to the Operating Permit program (SWCAA 400-100(3)(a)(iv) and 400-100(4)) from the section. The Operating Permit fee schedule (SWCAA 400-100(4)) has been moved to a new section (SWCAA 400-103) because Operating Permit sources are not subject to the registration program, and the current format can be confusing to the public and affected sources. SWCAA is adding expanded requirements for reporting transfer of ownership and/or equipment closure. These requirements were added to 400-100 after originally being drafted as a new rule section (SWCAA 400-102 Transfer of Ownership/Termination of Operation of Registered Equipment).

SWCAA 400-101 Emission Units Exempt from Registration Requirements

Existing section. SWCAA 400-101 is being changed to clarify the applicability language of the section and update the listed exemption categories. Selected exemption categories have been removed or more narrowly defined. The list of emission thresholds used to make exemption determinations has been expanded.

SWCAA 400-103 Operating Permit Fees

New section. The fee schedule for operating permit sources is being moved into a new section. The fee schedule is currently contained in SWCAA 400-100 "Registration Requirements and Operating Permit Fees" along with SWCAA's registration program. This placement is confusing and inappropriate because operating permit sources are not subject to any element of the registration program. Small changes are proposed in the text of the section. Language requiring review of the annual projected budget by the Technical Advisory Council is being removed. SWCAA continues to administer the program based on the program's original workload analysis, which was reviewed by the Technical Advisory Council. Provisions for a program reserve fund are being established to provide contingency funding in the event that program costs exceed the projected budget in a given fiscal year.

SWCAA 400-105 Records, Monitoring and Reporting

Existing section. SWCAA 400-105 is being changed to update references to the Code of Federal Regulations, delineate between requirements for small and large sources, and make minor administrative edits. Provisions for creation of a greenhouse gas inventory have been added to 400-105(1). The applicability of emissions inventory requests has been extended to Title V sources.

SWCAA 400-106 Emission Testing and Monitoring at Air Contaminant Sources

Existing section. SWCAA 400-106 is being changed to incorporate monitoring requirements for combustion sources. The new requirements are equivalent to the emission monitoring requirements currently implemented on a case-by-case basis in approval orders for combustion sources. Date references are being updated for Federal regulation citations.

SWCAA 400-107 Excess Emissions

Existing section. SWCAA 400-107 has been rewritten to clarify terminology and provide more specific reporting requirements for excess emissions.

SWCAA 400-108 Recordkeeping and Reporting of Excess Emissions and Upset Conditions

Existing section. SWCAA 400-108 contains specific recordkeeping and reporting requirements for excess emissions. SWCAA's intent is to provide for the general reporting excess emissions or events that have a potential for excess emissions. This section is not applicable to operating permit sources.

SWCAA 400-109 Air Discharge Permit Applications

Existing section. SWCAA 400-109 is being changed to incorporate new terminology, addition of the application fee table from SWCAA 400-110, and minor administrative changes. Currently, the Notice of Construction application fee schedule is located in SWCAA 400-110. The fee schedule is being moved to SWCAA 400-109 so that all Notice of Construction application requirements are contained in one section. The reference list of typical projects found in SWCAA 400-109(3) is being integrated with SWCAA 400-109(2) in response to EPA comments. The notification requirements for sources that meet the exemption criteria of SWCAA 400-101 have been clarified. In addition to other minor administrative changes, the proposed language introduces the use of the term "air discharge permit application", which is given the same meaning as "Notice of Construction application." The term "air discharge permit application" is being used to make the section easier to understand. The regulated community and the general public often do not understand the purpose of a Notice of Construction, whereas they are familiar with the term "permit application." The proposed changes incorporate comments from EPA regarding language changes to clarify section applicability and intent.

SWCAA 400-110 Application Review Process for Stationary Sources (New Source Review)

Existing section. SWCAA 400-110 is being changed to incorporate new terminology, new requirements consistent with SWCAA 400-117, clarification of portable source applicability under SWCAA 400-110(6), approval criteria for modification of approval conditions, changes in terminology and minor administrative editing. Currently, the Notice of Construction application fee schedule is located in SWCAA 400-110. The fee schedule is being moved to SWCAA 400-109 so that all Notice of Construction application requirements are contained in one section. Application requirements for projects subject to Special Protection requirements for federal Class I areas (SWCAA 400-117) are cited in the new language. A new subsection (SWCAA 400-110(10)) has been added to address the reopening of a final order for cause. In addition to other minor administrative changes, the proposed language introduces the use of the term "air discharge permit application", which is given the same meaning as "Notice of Construction application." The term "permit application" is being used to make the section easier to understand as explained in the summary for SWCAA 400-109. Likewise, the term "air discharge permit" is being introduced. The proposed changes incorporate comments from EPA regarding language changes to clarify section applicability and intent.

SWCAA 400-111 Requirements for New Sources in a Maintenance Plan Area

Existing section. SWCAA 400-111 is being changed to incorporate administrative editing and minor text changes intended to improve consistency with the format of SWCAA 400-112, and -113. Selected subsections of SWCAA 400-111 have also been revised to improve consistency with equivalent maintenance plan requirements implemented by Oregon DEQ. Small changes have been made in the second draft in response to EPA comments.

SWCAA 400-112 Requirements for New Sources in Nonattainment Areas

Existing section. SWCAA 400-112 is being changed to incorporate administrative changes, previously uncited requirements from 40 CFR 51, Appendix S, new requirements consistent with WAC 173-400-117, changes in terminology, and correction of outdated references and requirements. Unlike the WAC, SWCAA 400-112 does not contain a definitions subsection. All applicable definitions are provided in SWCAA 400-030.

SWCAA 400-113 Requirements for New Sources in Attainment or Nonclassifiable Areas

Existing section. SWCAA 400-113 is being changed to incorporate minor text changes intended to improve consistency with the format of SWCAA 400-112, and -113, new requirements consistent with WAC 173-400-117, and administrative editing. Unlike the WAC, SWCAA 400-113 does not contain a definitions subsection. All applicable definitions are provided in SWCAA 400-030.

SWCAA 400-114 Requirements for Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source

Existing section. SWCAA 400-114 is being changed to incorporate changes in terminology and minor administrative editing.

SWCAA 400-115 Standards of Performance for New Sources

Existing section. SWCAA 400-115 is being changed to incorporate updated adoption references and minor format changes intended to improve consistency with the corresponding sections of the WAC.

SWCAA 400-116 Maintenance of Equipment

Existing section. SWCAA 400-116 is being changed to incorporate changes in terminology and clarification of required corrective action. The current language requires all malfunctioning process and/or control equipment to be immediately repaired or taken out of service. In some instances, this requirement has been counterproductive, and has not served to minimize emissions. The requirement is being modified to give affected sources more flexibility in responding to malfunctioning equipment.

SWCAA 400-130 Use of Emission Reduction Credits

Existing section. SWCAA 400-130 is being changed to correct outdated references.

SWCAA 400-131 Deposit of Emission Reduction Credits Into Bank

Existing section. SWCAA 400-131 is being changed to incorporate an administrative change and a modification of the processing timeline for ERC applications. The current language requires an ERC approval to be issued by the Agency within thirty days or receiving a complete application. The specified length of time does not match the processing period for other types of applications, which is generally sixty days from receipt of a complete application. Therefore, SWCAA is proposing to change the period from thirty days to sixty to remain consistent with other application procedures.

SWCAA 400-136 Maintenance of Emission Reduction Credits in Bank

Existing section. SWCAA 400-136 is being changed to incorporate minor clarifications and administrative changes. None of the proposed changes are substantive.

SWCAA 400-140 Protection of Ambient Air Increments

New section. SWCAA 400-140 is a new section intended to provide SWCAA with a formal mechanism for protection of ambient air increments. 40 CFR 51.166 et seq. requires protection of ambient air increments as part of a state's program to prevent significant deterioration of air quality. The proposed language cites the applicable pollutant increments, includes affected source notification and provides for the performance of air quality analyses.

SWCAA 400-141 Prevention of Significant Deterioration

Existing section. SWCAA 400-141 is being updated to remove all existing language, and adopt WAC 173-400-141 by reference.

SWCAA 400-151 Retrofit Requirements for Visibility Protection

Existing section. SWCAA 400-151 is being rewritten to match the format and meaning of WAC 173-400-151.

SWCAA 400-171 Public Involvement

Existing section. SWCAA 400-171 is being rewritten to incorporate revised public involvement requirements for permitting and/or proposed actions carried out by the Agency. EPA Region X has identified a number of deficiencies in the current public involvement provisions of WAC 173-400-171. Since SWCAA 400-171 generally uses the same provisions as the WAC, SWCAA is acting to correct the identified deficiencies. The proposed changes provide for public involvement on all permitting and/or proposed actions, whereas the current language only requires public involvement for selected actions. Under the proposed language, actions that require formal public notice will continue to receive it. Opportunity for public comment will be provided for actions that do not currently require public notice via posting on the internet. Formal public notice will be provided for these actions upon request. The proposed changes are intended to implement a system similar in concept to that adopted by the State of Idaho.

SWCAA 400-180 Variance

Existing section. SWCAA 400-180 is being changed to incorporate updated EPA references and terminology.

SWCAA 400-190 Requirements for Nonattainment Areas

Existing section. SWCAA 400-190 is being changed to incorporate updated EPA references and terminology.

SWCAA 400-230 Regulatory Actions and Civil Penalties

SWCAA 400-230 is being changed to incorporate new terminology and administrative editing. The list of regulatory orders found in 400-230(1) has been edited to remove procedural requirements that might conflict with other sections of the regulation.

SWCAA 400-250 Appeals

Existing section. The proposed version of SWCAA 400-250 eliminates the procedure for appealing agency decisions and orders to the Board of Directors. This process was determined to be inconsistent with the requirements of Chapter 43.21B RCW.

SWCAA 400-270 Confidentiality of Records and Information

Existing section. SWCAA 400-270 is being rewritten to correct minor typographical errors and improve consistency with RCW 70.94.205. All references to Federal regulations are being removed.

SWCAA 400, Appendix A SWCAA Method 9/Visual Opacity Determination Model

Existing section. SWCAA Method 9 is being revised to incorporate updated references to federal regulations and minor editing.