Current through Register Vol. 24-06, March 15, 2024
Ecology finds that the reasonable regulation of sources within
certain categories requires separate standards applicable to such categories.
The standards set forth in this section shall be the maximum allowable
standards for emissions units within the categories listed. Except as
specifically provided in this section, such emissions units shall not be
required to meet the provisions of WAC
173-400-040,
173-400-050 and
173-400-060.
(1)
Wigwam and silo burners. As
of January 1, 2020, it is illegal to use a wigwam or silo burner in Washington.
A wigwam or silo burner may operate until midnight December 31, 2019, provided
it complies with the following:
(a) All
wigwam and silo burners designed to dispose of waste wood must meet all
provisions of WAC
173-400-040(2), (3), (4), (5), (6), (7),
(8), and WAC
173-400-050(4),
173-400-115, or 40 C.F.R. Part
62, Subpart III in effect on the date in WAC
173-400-025 as
applicable.
(b) All wigwam and silo
burners must use RACT. All emissions units shall be operated and maintained to
minimize emissions. These requirements may include a controlled tangential vent
overfire air system, an adequate underfire system, elimination of all
unnecessary openings, a controlled feed and other modifications determined
necessary by ecology or the permitting authority.
(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 WAC
173-400-040 and
173-400-050, except operating
hours.
(d) The permit authority may
establish additional requirements for wigwam and silo burners. These
requirements may include, but shall not be limited to:
(i) A requirement to meet all provisions of
WAC 173-400-040 and
173-400-050. Wigwam and silo
burners will be considered to be in compliance if they meet the requirements
contained in WAC
173-400-040(2),
visible emissions.
(ii) A
requirement to apply BACT.
(iii) A
requirement to reduce or eliminate emissions if ecology establishes that such
emissions unreasonably interfere with the use and enjoyment of the property of
others or are a cause of violation of ambient air
standards.
(2)
Hog fuel boilers.
(a) Hog fuel
boilers shall meet all provisions of WAC
173-400-040 and
173-400-050(1).
(b) All hog fuel boilers shall utilize RACT
and shall be operated and maintained to minimize emissions.
(3)
Orchard heating.
(a) Burning of rubber materials, asphaltic
products, crankcase oil or petroleum wastes, plastic, or garbage is
prohibited.
(b) This provision is
in effect until the effective date of EPA's removal of the September 20, 1993,
version of WAC
173-400-107 from the SIP. It is
unlawful to burn any material or operate any orchard-heating device that causes
a visible emission exceeding twenty percent opacity, except during the first
thirty minutes after such device or material is ignited.
(c) This provision takes effect on the
effective date of EPA's removal of the September 20, 1993, version of WAC
173-400-107 from the SIP. It is
unlawful to burn any material or operate an orchard-heating device that causes
a visible emission exceeding twenty percent opacity as specified in WAC
173-400-040(2).
(4)
Grain elevators. Any grain
elevator which is primarily classified as a materials handling operation shall
meet all the provisions of WAC
173-400-040(2), (3), (4), and
(5).
(5)
Other waste wood burners.
(a) Waste wood burners not specifically
provided for in this section shall meet all applicable provisions of:
(i) WAC
173-400-040 and
173-400-050;
(ii) 40 C.F.R. Part 60, Subpart CCCC (in
effect on the date in WAC
173-400-025); and
(iii) 40 C.F.R. Part 62, Subpart III (in
effect on the date in WAC
173-400-025).
(b) Such waste wood burners shall utilize
RACT and shall be operated and maintained to minimize emissions.
(6)
Municipal solid waste
landfills constructed, reconstructed, or modified before May 30, 1991. A
municipal solid waste landfill that commenced construction prior to May 30,
1991, and has not been modified or reconstructed since May 30, 1991, must
comply with the requirements in 40 C.F.R. Part 62, Subpart GGG (in effect on
the date in WAC
173-400-025). A municipal solid
waste landfill (MSW landfill) is an entire disposal facility in a contiguous
geographical space where household waste is placed in or on the land. A MSW
landfill may also receive other types of waste regulated under Subtitle D of
the Federal Recourse Conservation and Recovery Act including the following:
Commercial solid waste, nonhazardous sludge, conditionally exempt small
quantity generator waste, and industrial solid waste. Portions of an MSW
landfill may be separated by access roads. A MSW landfill may be either
publicly or privately owned. A MSW landfill may be a new MSW landfill, an
existing MSW landfill, or a lateral expansion. All references in this
subsection to 40 C.F.R. Part 60 rules mean those rules in effect on the date in
WAC 173-400-025.
(a) Applicability. These rules apply to each
MSW landfill constructed, reconstructed, or modified before May 30, 1991; and
the MSW landfill accepted waste at any time since November 8, 1987 or the
landfill has additional capacity for future waste deposition. (See WAC
173-400-115 for the requirements
for MSW landfills constructed, reconstructed, or modified on or after May 30,
1991.) Terms in this subsection have the meaning given them in
40 C.F.R.
60.751, except that every use of the word
"administrator" in the federal rules referred to in this subsection includes
the "permitting authority."
(b)
Exceptions. Any physical or operational change to an MSW landfill made solely
to comply with these rules is not considered a modification or
rebuilding.
(c) Standards for MSW
landfill emissions.
(i) A MSW landfill having
a design capacity less than 2.5 million megagrams or 2.5 million cubic meters
must comply with the requirements of
40 C.F.R.
60.752(a) in addition to the
applicable requirements specified in this section.
(ii) A MSW landfill having design capacity
equal to or greater than 2.5 million megagrams and 2.5 million cubic meters
must comply with the requirements of
40 C.F.R.
60.752(b) in addition to the
applicable requirements specified in this section.
(d) Recordkeeping and reporting. A MSW
landfill must follow the recordkeeping and reporting requirements in
40 C.F.R.
60.757 (submittal of an initial design
capacity report) and 40
C.F.R. 60.758 (re-cordkeeping requirements),
as applicable, except as provided for under (d)(i) and (ii).
(i) The initial design capacity report for
the facility is due before September 20, 2001.
(ii) The initial nonmethane organic compound
(NMOC) emissions rate report is due before September 20, 2001.
(e) Test methods and procedures.
(i) A MSW landfill having a design capacity
equal to or greater than 2.5 million megagrams and 2.5 million cubic meters
must calculate the landfill nonmethane organic compound emission rates
following the procedures listed in
40 C.F.R.
60.754, as applicable, to determine whether
the rate equals or exceeds 50 megagrams per year.
(ii) Gas collection and control systems must
meet the requirements in 40
C.F.R. 60.752(b)(2)(ii)
through the following procedures:
(A) The
systems must follow the operational standards in
40 C.F.R.
60.753.
(B) The systems must follow the compliance
provisions in 40 C.F.R.
60.755(a)(1) through (a)(6)
to determine whether the system is in compliance with
40 C.F.R.
60.752(b)(2)(ii).
(C) The system must follow the applicable
monitoring provisions in 40
C.F.R. 60.756.
(f) Conditions. Existing MSW landfills that
meet the following conditions must install a gas collection and control system:
(i) The landfill accepted waste at any time
since November 8, 1987, or the landfill has additional design capacity
available for future waste deposition;
(ii) The landfill has design capacity greater
than or equal to 2.5 million megagrams or 2.5 million cubic meters. The
landfill may calculate design capacity in either megagrams or cubic meters for
comparison with the exception values. Any density conversions shall be
documented and submitted with the report; and
(iii) The landfill has a nonmethane organic
compound (NMOC) emission rate of 50 megagrams per year or greater.
(g) Change in conditions. After
the adoption date of this rule, a landfill that meets all three conditions in
(e) of this subsection must comply with all the requirements of this section
within thirty months of the date when the conditions were met. This change will
usually occur because the NMOC emission rate equaled or exceeded the rate of 50
megagrams per year.
(h) Gas
collection and control systems.
(i) Gas
collection and control systems must meet the requirements in
40 C.F.R.
60.752(b)(2)(ii).
(ii) The design plans must be prepared by a
licensed professional engineer and submitted to the permitting authority within
one year after the adoption date of this section.
(iii) The system must be installed within
eighteen months after the submittal of the design plans.
(iv) The system must be operational within
thirty months after the adoption date of this section.
(v) The emissions that are collected must be
controlled in one of three ways:
(A) An open
flare designed and operated according to
40 C.F.R.
60.18;
(B) A control system designed and operated to
reduce NMOC by 98 percent by weight; or
(C) An enclosed combustor designed and
operated to reduce the outlet NMOC concentration to 20 parts per million as
hexane by volume, dry basis to three percent oxygen, or
less.
(i) Air
operating permit.
(i) A MSW landfill that has
a design capacity less than 2.5 million megagrams or 2.5 million cubic meters
on January 7, 2000, is not subject to the air operating permit regulation,
unless the landfill is subject to chapter 173-401 WAC for some other reason. If
the design capacity of an exempted MSW landfill subsequently increases to equal
or exceed 2.5 million megagrams or 2.5 million cubic meters by a change that is
not a modification or reconstruction, the landfill is subject to chapter
173-401 WAC on the date the amended design capacity report is due.
(ii) A MSW landfill that has a design
capacity equal to or greater than 2.5 million megagrams or 2.5 million cubic
meters on January 7, 2000, is subject to chapter 173-401 WAC beginning on the
effective date of this section. (Note: Under
40 C.F.R.
62.14352(e), an applicable
MSW landfill must have submitted its application so that by April 6, 2001, the
permitting authority was able to determine that it was timely and complete.
Under 40 C.F.R.
70.7(b), no source may
operate after the time that it is required to submit a timely and complete
application.)
(iii) When a MSW
landfill is closed, the owner or operator is no longer subject to the
requirement to maintain an operating permit for the landfill if the landfill is
not subject to chapter 173-401 WAC for some other reason and if either of the
following conditions are met:
(A) The landfill
was never subject to the requirement for a control system under
40 C.F.R.
62.14353; or
(B) The landfill meets the conditions for
control system removal specified in
40 C.F.R.
60.752(b)(2)(v).
(7)
Municipal solid waste landfills that commenced construction on or before
July 17, 2014, and have not been modified or reconstructed since July 17,
2014. A municipal solid waste landfill that commenced construction on or
before July 17, 2014, and has not been modified or reconstructed since July 17,
2014, must comply with the requirements in 40 C.F.R. Part 62, Subpart OOO (in
effect on the date in WAC
173-400-025).
Statutory Authority:
Chapter
70.94 RCW. 12-24-027
(Order 11-10), § 173-400-070, filed 11/28/12, effective 12/29/12;
11-06-060 (Order 09-01), § 173-400-070, filed 3/1/11, effective 4/1/11.
Statutory Authority:
RCW
70.94.152. 05-03-033 (Order 03-07), §
173-400-070, filed 1/10/05, effective 2/10/05. Statutory Authority:
Chapter
70.94 RCW,
RCW
70.94.141, [70.94.]152, [70.94.]331,
[70.94.]510 and43.21A.080 . 01-17-062 (Order 99-06), § 173-400-070, filed
8/15/01, effective 9/15/01. Statutory Authority: [RCW
70.94.331,
70.94.510 and
chapter
70.94 RCW.] 00-23-130
(Order 98-27), § 173-400-070, filed 11/22/00, effective 12/23/00.
Statutory Authority:
RCW
70.94.860,
70.94.510 and
70.94.331. 98-15-129 (Order
98-04), § 173-400-070, filed 7/21/98, effective 8/21/98. Statutory
Authority:
Chapter
70.94 RCW. 96-19-054
(Order 94-35), § 173-400-070, filed 9/13/96, effective 10/14/96; 91-05-064
(Order 90-06), § 173-400-070, filed 2/19/91, effective 3/22/91. Statutory
Authority:
Chapters
43.21A and
70.94 RCW. 83-09-036 (Order DE
83-13), § 173-400-070, filed 4/15/83. Statutory Authority:
RCW
70.94.331. 80-11-059 (Order DE 80-14), §
173-400-070, filed 8/20/80. Statutory Authority:
RCW
43.21A.080 and
70.94.331. 79-06-012 (Order DE
78-21), § 173-400-070, filed 5/8/79; Order DE 76-38, § 173-400-070,
filed 12/21/76. Formerly WAC 18-04-070.