M:\data\.\pwpbch. 173-460 wa [pfp#691516767]

Chapter 173-460 WAC
CONTROLS FOR NEW SOURCES OF TOXIC AIR
POLLUTANTS
Effective Date: 6/20/09
WAC
173-460-010
Table of ASIL, SQER and de minimis emission values.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
Acceptable source impact levels. [Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 1 73-460- 110, filed 1/14/94, effective 2/14/94. S tatutory Authority: R CW 70.94.331. 91- 13-079 (Order 90-62), § 173- 460- 110, f iled 6/ 18/91, e ffective 9/ 18/91.] R epealed by 09- 11-131 ( Order 05- 19), f iled 5/20/09, effective 6/ 20/09.
Statutory Authority: Washington Clean Air Act, RCW 70.94.152.
Scientific r eview an d am endment of acceptable s ource i mpact l evels a nd l ists. [ Statutory A uthority: R CW 70.94.331. 91- 13-079 (Order 90-62), § 173- 460-120, f iled 6/18/91, effective 9/18/91.] Repealed by 09-11-131 (Order 05-19), filed 5/20/09, effective 6/20/09. S tatutory Authority: W ashington Clean Air Act, RCW 70.94.152.
Fees. [ Statutory Au thority: R CW 70. 94.331. 91- 13-079 ( Order 90- 62), § 173- 460-130, f iled 6/ 18/91, e ffective epealed by 09- 11-131 ( Order 05- 19), f iled 5/ 20/09, e ffective 6/ 20/09. S tatutory Au thority: Washington Clean Air Act, RCW 70.94.152.
Class B toxic air pol utants and acceptable source impact levels. [Statutory Authority: Chapter 70.94 RCW. 94-03- 072 (Order 93-19), § 173-460-160, filed 1/14/94, effective 2/14/94. S tatutory Authority: R CW 70.94.331. 91-13- 079 (Order 90-62), § 173-460-160, filed 6/18/91, effective 9/18/91.] R epealed by 09-11-131 (Order 05-19), filed 5/20/09, effective 6/20/09. Statutory Authority: Washington Clean Air Act, RCW 70.94.152.
WAC 173-460-010 Purpose. (1) Pursuant to chapter 70.94
RCW, Washington Clean Air Act, the purpose of this chapter isto establish the systematic control of new or modified sourcesemitting toxic air pollutants (TAPs) in order to prevent airpollution, reduce emissions to the extent reasonably possible,and maintain such levels of air quality as will protect humanhealth and safety. Toxic air pollutants include carcinogensand noncarcinogens listed in WAC 173-460-150.
(2) This chapter establishes three major requirements:(a) Best available control technology for toxics;(b) Toxic air pollutant emission quantification;(c) Human health and safety protection demonstration.
(3) Policy. It is the policy of ecology to reduce, avoid, or eliminate toxic air pollutants prior to theirgeneration whenever economically and technically practicable.
[Statutory Authority: Washington Clean Air Act, RCW 70.94.152. 09-11-131 (Order 05-19), § 173-460-010, filed5/20/09, effective 6/20/09. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-010, filed6/18/91, effective 9/18/91.] WAC 173-460-020 Definitions. The definitions of terms
contained in chapter 173-400 WAC are incorporated into thischapter by reference. Terms specific to this chapter aredefined as follows: (1) "Acceptable source impact analysis" means a procedure for demonstrating compliance with WAC 173-460-070, thatcompares maximum incremental ambient air impacts withapplicable acceptable source impact levels (ASIL).
(2) "Acceptable source impact level (ASIL)" means a screening concentration of a toxic air pollutant in theambient air. The ASIL for each toxic air pollutant is listedin WAC 173-460-150.
(3) "Best available control technology for toxics (tBACT)" means best available control technology, as that termis defined in WAC 173-400-030, as applied to toxic airpollutants.
(4) "De minimis emissions" means trivial levels of emissions that do not pose a threat to human health or theenvironment. The de minimis emission threshold values arelisted in WAC 173-460-150.
(5) "Increased cancer risk of one in one hundred thousand" means the 95th percent upper bound on the estimatedrisk of one additional cancer above the background cancer rateper one hundred thousand individuals continuously exposed to acarcinogenic toxic air pollutant at a given average dose for aspecified time.
(6) "New or modified toxic air pollutant source" means the construction or modification of a stationary source thatincreases the amount of any toxic air pollutant emitted bysuch source or that results in the emission of any toxic airpollutant not previously emitted.
(7) "Small quantity emission rate (SQER)" means a level of emissions below which dispersion modeling is not requiredto demonstrate compliance with acceptable source impactlevels. SQERs are listed in WAC 173-460-150.
(8) "Toxic air pollutant (TAP)" means any toxic air pollutant listed in WAC 173-460-150.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-020, filed5/20/09, effective 6/20/09. Statutory Authority: Chapter70.94 RCW. 94-03-072 (Order 93-19), § 173-460-020, filed1/14/94, effective 2/14/94. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-020, filed6/18/91, effective 9/18/91.] WAC 173-460-030 Applicability. The provisions of this
chapter apply statewide. WAC 173-460-090 and 173-460-100 mustbe implemented solely by ecology.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-030, filed5/20/09, effective 6/20/09. Statutory Authority: Chapter70.94 RCW. 94-03-072 (Order 93-19), § 173-460-030, filed1/14/94, effective 2/14/94. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-030, filed6/18/91, effective 9/18/91.] WAC 173-460-040 New source review. (1) Applicability
and exemptions. This chapter supplements the new sourcereview requirements of WAC 173-400-110 by adding reviewrequirements for new and modified toxic air pollutant sources. An action that is exempt from new source review under WAC 173-400-110 (4) or (5) is exempt under this chapter as well,except that a local air authority may adopt its own list ofexemptions in accordance with RCW 70.94.331 (2)(b) to operatein lieu of or in addition to the exemptions in WAC 173-400-110(4) and (5). An action that requires a notice of constructionapplication under WAC 173-400-110 is subject to the reviewrequirements of this chapter, unless the emissions beforecontrol equipment of each toxic air pollutant from a newsource or the increase in emissions from each modification isless than the applicable de minimis emission threshold forthat TAP listed in WAC 173-460-150.
(2) New source review of a modification is limited to the emission unit or units proposed to be modified and the TAPswhose emissions would increase as a result of themodification.
(3) The permitting authority that is reviewing a notice of construction application for a new or modified toxic airpollutant source must ensure that: (a) The new or modified emission units use tBACT for emissions control for the toxic air pollutants with emissionincreases that trigger the need to submit a notice ofconstruction application; and (b) The new or modified emission units comply with WAC 173-460-070 as demonstrated by using the proceduresestablished in WAC 173-460-080 or, failing that, demonstratescompliance by using the additional procedures in WAC 173-460-090 and/or 173-460-100.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-040, filed5/20/09, effective 6/20/09. Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-040, filed1/14/94, effective 2/14/94. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-040, filed6/18/91, effective 9/18/91.] WAC 173-460-050 Requirement to quantify emissions. (1)
A notice of construction application for a new or modified toxic air pollutant source must quantify the increasein the emissions of each TAP, after application of tBACT,emitted by the new or modified emission units.
(2) Small quantity emission rates.
A notice of construction application that relies on SQERs rather than dispersion modeling to demonstrate compliance withWAC 173-460-070 must quantify the increase in emissions ofeach TAP emitted by the new or modified emission units afterapplication of tBACT. The quantification must containsufficient detail to demonstrate to the satisfaction of thepermitting authority that the increase in emissions is lessthan the applicable small quantity emission rates listed inWAC 173-460-150.
(3) Level of detail.
An acceptable source impact level analysis under WAC 173- 460-080 may be based on a conservative estimate of emissionsthat represents good engineering judgment. If compliance withWAC 173-460-070 and 173-460-080 cannot be demonstrated, moreprecise emission estimates may be used to demonstratecompliance with WAC 173-460-090.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-050, filed5/20/09, effective 6/20/09. Statutory Authority: Chapter70.94 RCW. 94-03-072 (Order 93-19), § 173-460-050, filed1/14/94, effective 2/14/94. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-050, filed6/18/91, effective 9/18/91.] WAC 173-460-060 Control technology requirements. (1)
Except as provided for in WAC 173-460-040, a person shall notestablish, operate, or cause to be established or operated anynew or modified toxic air pollutant source which is likely toincrease TAP emissions without installing and operating tBACT.
(2) A notice of construction application for a new or modified toxic air pollutant source must demonstrate that thenew or modified emission units will employ tBACT for all TAPsfor which the increase in emissions will exceed de minimisemission values as found in WAC 173-460-150. TAP emissionincreases from nonprocess fugitive emissions activities suchas construction or demolition sites, unpaved and paved roads, coal piles, waste piles and fuel and ash handling operationsare exempt from the requirement to apply tBACT.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-060, filed5/20/09, effective 6/20/09. Statutory Authority: RCW70.94.860, 70.94.510 and 70.94.331. 98-15-129 (Order 98-04),§ 173-460-060, filed 7/21/98, effective 8/21/98. StatutoryAuthority: Chapter 70.98 RCW. 98-04-062 (Order 97-38), §173-460-060, filed 2/2/98, effective 3/5/98. StatutoryAuthority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), §173-460-060, filed 1/14/94, effective 2/14/94. StatutoryAuthority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-060, filed 6/18/91, effective 9/18/91.] WAC 173-460-070 Ambient impact requirement. A notice of
construction application must demonstrate that the increase inemissions of toxic air pollutants from the new or modifiedemission units at the source are sufficiently low to protecthuman health and safety from potential carcinogenic and/orother toxic effects. Compliance must be demonstrated in anyarea to which the applicant does not restrict or controlaccess. The application must demonstrate compliance by usingprocedures established in this chapter after complying withthe control technology requirements in WAC 173-460-060.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-070, filed5/20/09, effective 6/20/09. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-070, filed6/18/91, effective 9/18/91.] WAC 173-460-071 Voluntary limits on emissions. (1) If
requested by an applicant, the permitting authority may issuea regulatory order that limits emissions of a particular TAPto a level that is lower than the potential emissions of thatparticular TAP otherwise allowed under all applicablerequirements of chapter 70.94 RCW and the federal Clean AirAct.
(2) Any order issued under this section is subject to the notice and comment procedures in WAC 173-400-171 or thepermitting authority's public notice and commentingprocedures.
(3) Any order issued under this section must include monitoring, recordkeeping, and reporting requirementssufficient to ensure that the applicant complies with anyconditions established under this section. Monitoringrequirements must use terms, test methods, units, averagingperiods, and other statistical conventions consistent with the [Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-071, filed5/20/09, effective 6/20/09.] WAC 173-460-080 First tier review. (1) A notice of
construction application for a new or modified toxic airpollutant source must include an acceptable source impactlevel analysis for each TAP emitted by the new or modifiedemission units with an emission increase greater than the deminimis emission level specified in WAC 173-460-150. Thepermitting authority may complete this analysis.
(2) The acceptable source impact analysis requirement of WAC 173-460-070 can be satisfied for any TAP using eitherdispersion modeling or the small quantity emission rate.
(a) Dispersion modeling. The applicant who relies on dispersion modeling must model the increase in the emissionsof each TAP emitted by the new or modified emission units,after application of tBACT. The notice of constructionapplication must demonstrate that the modeled ambient impactof the aggregate emissions increase of each TAP does notexceed the ASIL for that TAP as listed in WAC 173-460-150. Ifconcentrations predicted by dispersion screening models exceedapplicable acceptable source impact levels, more refinedmodeling and/or emission techniques must be used. Refinedmodeling techniques must be approved by the permittingauthority.
(b) Small quantity emission rates. An applicant may show for any TAP that the increase in emissions of that TAP, afterapplication of tBACT, is less than the small quantity emissionrate listed for that TAP in WAC 173-460-150.
(3) Reduction of TAPs from existing emission units. An applicant may include in a acceptable source impact analysisproposed reductions in actual emissions of a particular TAPfrom emission units at the source that are not new or modifiedfor the purpose of offsetting emissions of that TAP caused bythe new or modified source. The reductions in TAP emissionsauthorized by this subsection must be included in the approvalorder as enforceable emission limits and must meet all therequirements of WAC 173-460-071.
(4) Decision criteria.
(a) If the permitting authority finds that the modeled impact of the increase in emissions of a TAP from the new ormodified emission units does not exceed the ASIL for that TAPthen the authority may approve the notice of constructionapplication.
(b) If the permitting authority finds that the modeled impact of the increase in emissions of a TAP from the new ormodified emission units exceeds the ASIL for that TAP then the permitting authority may not approve the project. Theapplicant may file a second tier review application incompliance with WAC 173-460-090.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-080, filed5/20/09, effective 6/20/09. Statutory Authority: Chapter70.94 RCW. 94-03-072 (Order 93-19), § 173-460-080, filed1/14/94, effective 2/14/94. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-080, filed6/18/91, effective 9/18/91.] WAC 173-460-090 Second tier review. (1) Applicability.
An applicant who cannot demonstrate compliance with WAC 173-460-070 using an acceptable source impact level analysisas provided in WAC 173-460-080, may submit a petitionrequesting that ecology perform a second tier review todetermine a means of compliance with WAC 173-460-070. Petitions for second tier review must be submitted to ecologywith a copy to the permitting authority with jurisdiction.
(2) Second tier petition submittal requirements. Ecology will evaluate a second tier petition only if: (a) The permitting authority submits to ecology a preliminary order of approval that addresses all applicablenew source review issues with the exception of the outcome ofthe second tier review, State Environmental Policy Act review,public notification, and prevention of significantdeterioration review; and (b) The emission controls contained in the preliminary order of approval represent at least tBACT; and (c) The applicant has developed a health impact assessment protocol that has been approved by ecology; (d) The ambient impact of the emissions increase of each TAP that exceeds acceptable source impact levels has beenquantified using refined air dispersion modeling techniques asapproved in the health impact assessment protocol; and (e) The petition contains a health impact assessment conducted in accordance with the approved health impactassessment protocol.
Contact ecology's air quality program for a copy of a guidance document to assist in the preparation of the health (3) Health impact assessment (HIA) protocol. The HIA presents data about the new or modified source and its builtand natural environment. A HIA includes but is not limitedto: Site description, TAP concentrations and toxicity,identification of exposed populations and an exposureassessment. The HIA protocol must be reviewed and approved byecology prior to development of the HIA.
(4) The health impact assessment must utilize current scientific information. New scientific information on thetoxicological characteristics of toxic air pollutants may beused by ecology to justify modifications of risk-basedconcentrations.
(5) Background concentrations of TAPs will be considered as part of a second tier review. Background concentrationscan be estimated using: (a) The latest National Ambient Toxics Assessment data (b) Ambient monitoring data for the project's location; (c) Modeling of emissions of the TAPs subject to second tier review from all stationary sources within 1.5 kilometersof the source location.
(6) Reduction of TAPs from existing emission units. For the purpose of offsetting emissions of a particular TAP, anapplicant may propose reductions in actual emissions of thatTAP from existing, unmodified emission units at the source orexisting, unmodified emission units at other nearby sources. The health impact analysis must evaluate the benefits of theemission reductions. The reductions in TAP emissionsauthorized by this subsection must be included in an approvalorder as enforceable emission limits and must meet allrequirements of WAC 173-460-071.
(7) Approval criteria for second tier review. Ecology may recommend approval of a project that is likely to cause anexceedance of acceptable source impact levels for one or moreTAPs only if it determines that the emission controls for thenew and modified emission units represent tBACT and theapplicant demonstrates that the increase in emissions of TAPsis not likely to result in an increased cancer risk of morethan one in one hundred thousand and ecology determines thatthe noncancer hazard is found to be acceptable.
(8) Application processing. Within thirty days after receiving a second tier petition ecology must either notifythe applicant in writing that the application is complete ornotify the applicant in writing of all additional informationrequired to make it complete.
(9) Public involvement. All notice of construction approval orders with a second tier component are subject tothe public notice and comment requirements of WAC 173-400-171,which may be integrated with the permitting authority's publicnotice and comment procedures.
(10) Recommendation. Within sixty days of determining that a petition is complete ecology must make a recommendationto the permitting authority.
(a) If ecology recommends approval of the second tier petition, the permitting authority may approve the notice ofconstruction application. Any new emission limits orconditions specified by ecology must be incorporated into theapproval order.
(b) If ecology recommends denial of the second tier petition, then the permitting authority may not approve theproject.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-090, filed5/20/09, effective 6/20/09. Statutory Authority: Chapter70.94 RCW. 94-03-072 (Order 93-19), § 173-460-090, filed1/14/94, effective 2/14/94. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-090, filed6/18/91, effective 9/18/91.] WAC 173-460-100 Third tier review. (1) Applicability.
An applicant for a project that exceeds the second tier reviewthresholds may submit a third tier petition requesting thatthe director of ecology approve the project based on a riskmanagement analysis.
(2) Contents of the petition.
The petition must meet the submittal requirements of WAC 173-460-090. The applicant may submit the request for a riskmanagement decision concurrently with the second tierpetition. Prior denial of a second tier petition submittedunder WAC 173-460-090 is not required.
(3) Criteria for approval. Ecology's director must find that the following conditions are met before approving a thirdtier petition: (a) Proposed emission controls represent at least tBACT; (b) A HIA has been completed as described in WAC 173-460- (c) Approval of the project will result in a greater environmental benefit to the state of Washington.
(4) Additional methods to reduce toxic air pollutants. In addition to the requirements in subsection (3) of thissection, the applicant may propose and ecology may considermeasures that would reduce community exposure, especiallyexposure of that portion of the community subject to thegreatest additional risk, to comparable toxic air pollutantsprovided that such measures are not already required. (5) Application processing. Within thirty days of receiving a third tier petition ecology must determine if thepetition includes the information required in WAC 173-460-090. If the petition is deemed complete, ecology must beginsubstantive review. If the petition is deemed incomplete,ecology must give written notification to the applicant of theinformation that is required to make the petition complete.
(6) Public involvement. Ecology will initiate public notice and comment within sixty days of determining that athird tier petition is complete. In addition to the publicnotice and comment requirements of WAC 173-400-171, the (a) Present the results of the health impact analysis, the proposed emission controls, pollution prevention methods,additional proposed measures, and remaining risks; and (b) Participate in discussions and answer questions.
(7) Recommendation.
(a) If ecology recommends approval of the third tier petition, the permitting authority may approve the notice ofconstruction application. Any new emission limits orconditions specified by ecology must be incorporated into theapproval order.
(b) If ecology recommends denial of the third tier petition then the permitting authority may not approve theproject.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-100, filed5/20/09, effective 6/20/09. Statutory Authority: Chapter70.94 RCW. 94-03-072 (Order 93-19), § 173-460-100, filed1/14/94, effective 2/14/94. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-100, filed6/18/91, effective 9/18/91.] WAC 173-460-140 Remedies. Violations of this chapter
are subject to the penalty provisions and/or other remediesprovided in chapter 70.94 RCW.
[Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-140, filed 6/18/91, effective 9/18/91.] WAC 173-460-150 Table of ASIL, SQER and de minimis
emission values.
The following table lists the common name of toxic airpollutants, the chemical abstract service (CAS) number; theaveraging period; the acceptable source impact level (ASIL);the small quantity emission rate (SQER); and de minimisemission values.
De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
1,2,3,4,6,7,8,9-Octachlorodibenzo-p-Dioxin 1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin imidazolidinone1-Amino-2-methylanthraquinone 2,3,3’,4,4’,5,5’-Heptachlorobiphenyl 2,3,7,8-Tetrachlorodibenzo-p-dioxin & Related Compounds, NOS2,3,7,8-Tetrachlorodibenzofuran De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
A-alpha-c(2-amino-9h-pyrido[2,3-b]indole) De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
Arsenic & Inorganic Arsenic Compounds De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
than Hydrogen Selenide)Short-chain (C10-13) chlorinated paraffins [2-(5-nitro-2-furyl)-vinyl]-1,3,4-oxadiazoleTrichloroethylene De Minimis
Averaging
(lb/averaging
(lb/averaging
Common Name
(µg/m3)
NOS - Not otherwise specified. This applies to situations where emission factors for a group of pollutants isreported, but specific isomers, congeners, or chemicals arenot reported.
[Statutory Authority: Washington Clean Air Act, RCW70.94.152. 09-11-131 (Order 05-19), § 173-460-150, filed5/20/09, effective 6/20/09. Statutory Authority: Chapter70.94 RCW. 94-03-072 (Order 93-19), § 173-460-150, filed1/14/94, effective 2/14/94. Statutory Authority: RCW70.94.331. 91-13-079 (Order 90-62), § 173-460-150, filed6/18/91, effective 9/18/91.] Reviser's Note: The brackets and enclosed material in the text of the
above section occurred in the copy filed by the agency.

Source: http://www.swcleanair.org/regs/wac173460-2009.pdf