Summary of New Source Review / General Regulation Updates Effective September 1, 2020.
Spokane Regional Clean Air Agency’s New Source Review and General Regulation revisions are now in effect.
Key updates, links are provided below:
Regulation I
Article II
Section 2.09 – Source Testing Updates
- Clarifies test requirements.
- Aligns test methods with state requirements in WAC 173-400-105(4).
- Adds email as an allowable form of communication.
- Removes combustion testing requirement from the regulation because if testing is required, it will be included as a condition in an air quality permit.
Section 2.13 – State and federal regulations adoption by reference date
Section 2.14 – State regulations adopting by reference
Sections 2.16-2.19 –Federal regulations adopting by reference Updates
- Provides a single point of state regulations that SRCAA has adopted by reference, including the adopted dates of the regulations. These regulations have requirements that must be met by businesses in Spokane County.
- Provides a single point for federal regulations that SRCAA has adopted by reference, including the adoption dates of the regulations. These regulations have requirements that must be met by businesses in Spokane County.
Article IV, Section 4.02 – Operations & Maintenance (O&M) Plan Updates:
Requires all registered facilities to have and comply with O&M plans and etablishes what should be included in O&M plans and recordkeeping to demonstrate compliance. O&M requirements will align with state requirements (WAC 173-400-101(4)) and mirror the requirements in an air quality permits issued by SRCAA.
Article IV, Section 4.03 – Registration Exemption Documentation Requirements Updates:
Requires all facilities exempt from registration requirements to keep records documenting their exemption status and be able to produce such records when requested by SRCAA staff. Provides steps required for an exempt business should they exceed exemption criteria. Clarifies that being exempt from one Section does not exempt the business from the entirety of Regulation I.
Article IV, Section 4.04 – List of Source Categories Required to Register Updates:
- Renames the list from “Exhibit R” in Article IV to “Section 4.04” and restructures the list to categorize sources by similarities
- Divides surface coating operations into two categories for registration:
a. Motor vehicle or motor vehicle component surface coating operations
b. General surface coating operations
- Establishes de minimis levels for surface coating operations:
Potential to Emit (PTE) is less than 100 lbs./yr. or PTE toxic air emissions does not exceed any Small Quantity Emission Rate (SQER) listed in Chapter 173-460 WAC. The de minimis levels become effective after surface coating regulation updates have been completed under a separate rulemaking proposal.
By establishing de minimus levels, we recognize that surface coating operations with lower emissions should be excluded from these requirements:
a. Motor vehicles/vehicle components surface coaters with PTE below de minimis will still need to register annually with our agency but will not be required to use a paint booth, therefore will not have to obtain a permit.
b. General surface coating operations with PTE below de minimis will not be required to register.
Note: The de minimis levels become effective after surface coating regulation updates are completed under a separate rulemaking proposal.
Article IV, Section 4.05 – Business Closure Criteria Updates:
- Consolidates business closure procedures that are currently housed in two places in SRCAA Regulation I into the new section 4.05. A source or emissions unit is considered closed when: the business closure form is submitted to the agency within 90 days (no change, meeting WAC 173-400-101(5)); registration fees are not paid by 120 days (change from 365 days to 120, to mirror requirements in permit conditions); the agency determines the source has gone out of business (new); the source has not operated for 2 or more years (change from 5 years to 2 years to meet federal requirements).
- Includes criteria for when an emissions unit / source is considered closed, and how to resume operation of the emissions unit / source.
Article V, Section 5.02 – New Source Review Exemption Requirements Updates:
- Requires businesses, that are exempt from the new source review process and have an air quality permit, to produce records documenting their exempt status to SRCAA staff upon request.
- Provides steps that an exempt business must take if they exceed the exemption criteria.
- Clarifies that being exempt from new source review does not exempt from complying with all of Regulation I.
- Establishes de minimis levels for surface coating operations of: Potential to Emit (PTE) is less than 100 lbs./yr. and below the Small Quantity Emission Rate (SQER) for toxics. All surface coaters that meet the de minimis level will be exempt from new source review / air quality permitting. The exemption becomes effective after surface coating regulation updates have been completed under a separate rulemaking proposal.
Article V, Section 5.05 – Public Involvement Update:
Aligns the local regulation with Washington state’s public involvement requirements for air quality permitting. SRCAA can supplement its website notification with print advertising or other methods appropriate to notify the local community of air quality permitting actions.
Article V, Section 5.08 – Portable Source Permits Updates:
- Changes to the name “Notice of Intent (NOI)” application to “Portable Source Permit (PSP)” application to address confusion with SRCAA’s asbestos NOI program.
- Eliminates the requirement that a portable source operating for the first time in Spokane County, must go through the NOC review process prior to obtaining an NOI.
- Increases the notification time from 10 days to 15 days to meet state noticing period requirements.
- Updates non-road engine requirements that clearly describe how SRCAA reviews and permits non-road engines
- Updates exemption subsection to provide clarity on what is exempt from PSP and what exemption requirements must be met.
