Chapter 10.12 AIR QUALITY PROGRAM

The Puyallup Tribal Council adopts the following Regulation to control the emission of air contaminants from all sources within its jurisdiction, to provide for the uniform administration and enforcement of this Regulation, and to carry out the requirements and purposes of the Puyallup Tribal Air Quality Program and the federal Clean Air Act.

It is the public policy of the Puyallup Tribe of Indians to secure and maintain levels of air quality which will protect human health and safety to the greatest degree practicable, to promote the economic and social development of the Puyallup Indian Reservation, to prevent injury to plants, animal life and property, to protect the natural resources and environment of the Puyallup Indian Reservation, to foster the comfort and convenience of persons residing on and working within the Puyallup Reservation, to facilitate the use and enjoyment of the natural resources and attractions of the Puyallup Indian Reservation, and to promote public participation in the planning and implementation of the Puyallup Tribal Air Quality Program. [Res. 281093-C (10/28/93) Reg. I § 1.01]

10.12.020 Department to enforce Tribal Air Quality Program.

The Puyallup Environmental Protection Department shall have responsibility to enforce the Puyallup Tribal Air Quality Program, including but not limited to Regulations I, II and III. [Res. 281093-C (10/28/93) Reg. I § 1.03]

10.12.030 Short title.

This Regulation may be known and cited as “Regulation I of the Puyallup Tribe Air Quality Program” or “Regulation I.” [Res. 281093-C (10/28/93) Reg. I § 1.05]

10.12.040 General definitions.

For purposes of Regulation I, II, or III the following definitions apply:

(a) “Actual emissions” as of a specified date means the average rate in weight per unit time at which the source actually emitted pollutants during the two-year period preceding the specified date, and which is representative of normal source operations. To account for unusual circumstances such as strikes, the Control Officer may approve or require the use of another time period which is more representative of normal operations than is the preceding two-year period.

(b) “Adequate source of heat” means the ability to maintain 70ºF at a point three feet above the floor in all normally inhabited areas of a dwelling.

(c) “Agricultural burning” means outdoor fires consisting of natural vegetation resulting from the growing of crops or the raising of fowl, animals or bees as a gainful occupation and burned on the lands on which the material originated.

(d) “Air contaminant” means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.

(e) “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.

(f) “Air pollution episode” means a period when a forecast, alert, warning or emergency is declared by the Department.

(g) “Air quality standard” means an established concentration, exposure time, and frequency of occurrence of an air contaminant in the ambient air which shall not be exceeded.

(h) “Allowable emissions” means the emission rate calculated using the maximum rated capacity of the source (unless the source is subject to a federally enforceable permit which limits the operating rate, or hours of operations, or both) and the most stringent of the following:

(1) Any applicable New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants promulgated by the U.S. Environmental Protection Agency under 40 C.F.R. Parts 60 and 61;

(2) Any applicable emission standard under Regulation I, II or III;

(3) Any applicable Tribal Implementation Plan emission standard, including those with a future compliance date; or

(4) The emission rate specified as a federally enforceable permit condition in an order of approval or operating permit, including those with a future compliance date.

(See also definition of “total allowable emissions.”)

(i) “Ambient air” means that portion of the atmosphere, external to buildings, to which the general public has access.

(j) “Best available control technology” or “BACT” means technology that will result in an emission standard, including a visible emission standard, based on maximum degree of reduction which the Department, on a case-by-case basis, taking into account energy, environmental, and economic impacts, and other costs, determines is available for such source through application of production processes, available methods, systems, and techniques, including fuel cleaning or treatment, clean fuels, or innovative fuel combustion techniques for control of each air contaminant. In no event shall application of the best available control technology result in emissions of an air contaminant that would exceed the emissions allowed by any applicable standard under 40 C.F.R. Parts 60 and 61. The Department may prescribe a design, equipment, work practice, or operational standard, or combination thereof, to meet the requirements of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means that achieve equivalent results.

(k) “Combustible refuse” means solid or liquid combustible waste material.

(l) “Control equipment” means any device which prevents or controls the emission of any air contaminant.

(m) “Control Officer” means the Air Pollution Control Officer of the Puyallup Environmental Protection Department and authorized representatives and agents of the Control Officer.

(n) “Curtailment” means reduction or cessation of any operation for the purpose of reducing emissions.

(o) “Department” means the Puyallup Environmental Protection Department.

(p) “Emission” means a release into the outdoor atmosphere of air contaminants.

(q) “Emission standard” means a requirement that limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice, or operational standard.

(r) “Equipment” means any stationary or portable device or any part that emits or has the potential to emit any air contaminant to the atmosphere.

(s) “Equipment used in a manufacturing process” means equipment as defined in this section in which some air contaminant emitted is caused by a manufacturing process.

(t) “Facility” means the sum total of all of the pollutant emitting activities that belong to the same industrial grouping (as defined by major groups in the Standard Industrial Classification Manual NTIS Order No. PB 87-100012), are located on one or more contiguous or adjacent properties, and are owned or operated by the same person or persons under common control.

(u) “First stage of impaired air quality” means a condition declared by the Control Officer when particulates 10 microns and smaller in diameter are at an ambient level of 75 micrograms per cubic meter measured on a 24-hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average.

(v) “Fuel burning equipment” means equipment as defined in this section which produces hot air, hot water, steam or other heated fluids by external combustion of fuel.

(w) “Fugitive dust” means particulate matter or any visible air contaminant other than uncombined water that is not collected by a capture system and emitted from a stack, but is released to the atmosphere at the point of generation.

(x) “Fugitive emissions” means emissions which do not pass and which reasonably could not pass through a stack, chimney or other functionally equivalent opening.

(y) “Gasoline station” means any site dispensing gasoline into fuel tanks of motor vehicles, marine vessels, or aircraft from stationary storage tanks.

(z) “Incinerator” means a furnace for the destruction of waste.

(aa) “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.

(bb) “Lowest achievable emission rate” means that rate of emissions which reflects either the most stringent emission limitation which is contained in the implementation plan of any tribe or state for such class or category of source unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent.

(cc) “Major modification” means any modification that would increase the actual emissions of any air contaminant for which the area is designated nonattainment by more than any of the following:


Pollutant	Tons/Year
Carbon Monoxide	100.0
Volatile Organic Compounds	40.0
Nitrogen Oxides	40.0
PM10	15.0
Sulfur Dioxide	40.0
Lead	0.6

In determining whether the thresholds defining a major modification have been exceeded, the emissions permitted under orders of approval issued to the facility since the designation of nonattainment that were not major modifications, and all fugitive emission increases that can reasonably be quantified, shall be included. Any emission reduction credits banked by the facility since the designation of nonattainment may be subtracted from this amount; provided, that any credits so applied are then considered to have been used. For modifications of an individual piece of equipment, the baseline shall be the source’s actual or allowable emissions, whichever is smaller. (Note: volatile organic compounds and nitrogen oxides are the air contaminants for which an area is designated as nonattainment for ozone.)

(dd) “Major source” means a facility that emits or has the potential to emit 100 tons per year or more of any air contaminant subject to regulation under the Clean Air Act. In determining whether this threshold defining a major source has been exceeded, all fugitive emissions that can reasonably be quantified shall be included. Any emission reduction credits banked by the facility may be subtracted from this amount provided any credits so applied are then considered to have been used.

(ee) “Modification” means any physical change in, or change in the method of operation of, a source, except an increase in the hours of operation or production rates (not otherwise prohibited) or the use of an alternative fuel or raw material that the source is approved to use under an order of approval or operating permit, which increases the amount of any air contaminant emitted or which results in the emission of any air contaminant not previously emitted.

(ff) “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 highway.

(gg) “Multiple chamber incinerator” means any incinerator consisting of three or more refractory-lined combustion chambers in series, physically separated refractory walls, interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned.

(hh) “Nonattainment area” means a geographic designated by the United States Environmental Protection Agency which violates a primary or secondary national ambient air quality standard. (In an ozone nonattainment area, both volatile organic compounds and nitrogen oxides are considered ozone precursors.)

(ii) “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.

(jj) “Owner” means the person who owns, leases, supervises or operates the equipment or control apparatus.

(kk) “Particulate matter” means any material, except water in an uncombined form, that is, has been, or is likely to become airborne and exists as a liquid or a solid at standard conditions.

(ll) “Person” means and includes any individual, firm, public or private corporation, association, partnership, political subdivision, municipality or governmental agency.

(mm) “PM10” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J of 40 C.F.R. Part 50 and designated in accordance with 40 C.F.R. Part 53 or by an equivalent method designated in accordance with 40 C.F.R. Part 53.

(nn) “Potential to emit” means the maximum capacity of a facility to emit an air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of the facility to emit an air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable.

(oo) “Primary air mass station” or “PAMS” means a type of station designed to measure contamination in the air mass and representing a relatively broad area. The sampling shall be representative of the general area concerned and not be contaminated by any special source. The probe inlet shall be a minimum of 4.6 meters (15 feet) and a maximum of 45.7 meters (150 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 1.5 meters (five feet) above the supporting rooftop.

(pp) “Primary ground level monitoring station” or “PGLMS” means a station designed to provide information on contaminant concentrations near the ground and provide data valid for the immediate area only. The probe inlet 1.8 to 4.6 meters (six to 15 feet) above ground level with a desired optimum height of three meters (10 feet). The probe inlet shall not be less than 0.6 meters (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.

(qq) “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.

(rr) “Puyallup Environmental and Planning Commission (PEPC)” means the administrative agency established pursuant to Tribal Council Resolution 090792.

(ss) “Puyallup Environmental Protection Department” means the administrative agency established by the Tribal Council by that name.

(tt) “Reasonably available control technology” means the lowest emission standard that a particular source or source category is capable of meeting by application of control technology that is reasonably available considering technological and economic feasibility. Reasonably available control technology is determined on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls.

(uu) “Refuse burning equipment” means equipment as defined in this section employed to burn combustible refuse.

(vv) “Reservation” means the Puyallup Indian Reservation.

(ww) “Regulation” means any Regulation or any subsequently adopted additions or amendments thereto of the TAQP.

(xx) “Seasoned wood” means wood of any species that has been sufficiently dried so as to contain 20 percent or less moisture by weight.

(yy) “Second stage of impaired air quality” means a condition declared by the Control Officer when particulates 10 microns and smaller in diameter are at an ambient level of 105 micrograms per cubic meter measured on a 24-hour average.

(zz) “Solid fuel burning device” (same as solid fuel heating device) means a device that burns wood, coal, or any other nongaseous or nonliquid fuels, and includes any device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or commercial establishment, which has a heat input less than one million Btu per hour.

(aaa) “Source” means any building, structure, equipment, control apparatus, storage pile or facility which emits or may emit any air contaminant into the atmosphere.

(bbb) “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.

(ccc) “Standard conditions” means 20ºC and 1,013 mb (68ºF and 29.92 inches Hg).

(ddd) “Total allowable emissions” means allowable emissions including the emission from all orders of approval issued to the facility since the designation of nonattainment that were not major modifications (as defined by this section) and all fugitive emissions that can be reasonably quantified.

(eee) “Treated wood” means wood of any species that has been chemically impregnated, painted or similarly modified.

(fff) “Tribal Air Quality Program” or “TAQP” means the program approved by the Puyallup Tribal Council for the protection of air quality on trust and restricted land within the 1873 Survey Area of the Puyallup Indian Reservation, including but not limited to Regulations I, II and III, and any rules, regulations and orders issued under the TAQP by the Tribal Council or the Department.

(ggg) “Tribal Court” means the Puyallup Tribal Court.

(hhh) “Urbanized area” means those portions of the Puyallup Indian Reservation designated as urbanized areas by the U.S. Department of Commerce, Bureau of the Census.

(iii) “Volatile organic compound” or “VOC” means any organic compound that participates in atmospheric photochemical reactions. This excludes all compounds determined to have negligible photochemical reactivity by the United States Environmental Protection Agency and listed in 40 C.F.R. 51.165. [Res. 281093-C (10/28/93) Reg. I § 1.07]

Article 2. General Provisions

10.12.050 Duties and powers of the Control Officer.

(a) Pursuant to Sections 110(o) and 301(d) of the federal Clean Air Act, the Department shall appoint a Control Officer whose responsibility shall be to observe and enforce all orders, ordinances, resolutions, or rules and regulations of the Puyallup Tribal Air Quality Program and the federal Clean Air Act pertaining to the control and prevention of air pollution. The Control Officer is authorized to use all lawful means to enforce the Puyallup Tribal Air Quality Program and the federal Clean Air Act.

(b) The Department shall require that the Control Officer maintain appropriate records and prepare periodic reports. [Res. 281093-C (10/28/93) Reg. I § 3.01]

10.12.060 Display of orders, certificates, and other notices – Removal or mutilation prohibited.

(a) Any order, permit, notice, assurance or certificate obtained pursuant to Regulation I, II or III shall be available on the premises designated.

(b) In the event that the Department 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 Department or the Control Officer. [Res. 281093-C (10/28/93) Reg. I § 3.03]

10.12.070 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 shall have the power to enter at reasonable times upon any private or public property, excepting non-multiple-unit private dwellings housing two families or less.

(b) It shall be unlawful for any person to refuse entry or access to the Control Officer who requests entry for the purpose of inspection, and who presents appropriate credentials, or for any person to obstruct, hamper or interfere with any such inspection. [Res. 281093-C (10/28/93) Reg. I § 3.05]

10.12.080 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 Department, the Control Officer, any authorized agent or employee of the Department, or the PEPC as to any matter within the jurisdiction of the Department or the PEPC.

(b) No person shall reproduce or alter or cause to be reproduced or altered any order, registration certificate, or other paper issued by the Department if the purpose of such reproduction or alteration is to evade or violate any provision of this Regulation or any other law. [Res. 281093-C (10/28/93) Reg. I § 3.07]

10.12.090 Violations – Notice.

(a) Whenever the Department or the Control Officer has reason to believe that any provisions of Regulations I, II or III relating to the control or prevention of air pollution have been violated, the Department or Control Officer may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provisions of Regulations I, II or III 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 Department or the Control Officer may require that the alleged violator or violators appear before the Department for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet with the Department prior to the commencement of enforcement action.

(b) Each act of commission or omission which procures, aids, or abets in the violation shall be considered a violation and be subject to the same penalty.

(c) In case of a continuing violation, whether or not knowingly committed, each day’s continuance shall be a separate and distinct violation. [Res. 281093-C (10/28/93) Reg. I § 3.09]

10.12.100 Civil penalty.

(a) Any person who violates Regulations I, II or III or any order issued under the Tribal Air Quality Program may incur a civil penalty in an amount not to exceed $10,000 per day for each violation.

(b) Any person who fails to take action as specified in an order issued pursuant to Regulations I, II, or III or any order issued under the Tribal Air Quality program shall be liable for a civil penalty of not more than $10,000 per day for each day of continued noncompliance.

(c) Within 15 days after receipt of a notice and order of civil penalty the person incurring that civil penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Any such request must contain the following:

(1) The name, mailing address and telephone number and telefacsimile number (if available) of the appealing party;

(2) A copy of the notice and order of civil penalty appealed from;

(3) A short and plain statement showing the grounds upon which the appealing party claims such order to be unjust or unlawful;

(4) A clear and concise statement of facts upon which the appealing party relies for his or her appeal;

(5) The relief sought, including the specific nature and extent;

(6) A statement that the appealing party has read the notice and believes the contents to be true, followed by the party’s signature.

Upon receipt of the application, the Control Officer shall remit or mitigate the penalty only upon a demonstration by the requestor of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(d) Any civil penalty authorized by this section may be administratively appealed to the PEPC if the appeal is filed with the PEPC and served on the Department within 30 days of receipt by the person penalized of the notice imposing the penalty or within 30 days of receipt of the notice of disposition of the application for relief from penalty.

(e) A penalty shall become due and payable on the later of:

(1) Thirty days after receipt of the notice imposing the penalty;

(2) Thirty days after receipt of the notice of disposition on application for relief from penalty, if such application is made;

(3) Thirty days after receipt of the notice of decision of the PEPC if the penalty is appealed;

(4) Thirty days after final judgment is entered by the Tribal Court if judicial review is timely taken from a final decision by the PEPC, pursuant to the Tribal Administrative Procedure Act (Chapter 2.08 PTC).

(f) If the amount of the penalty is not paid to the Department within 30 days after it becomes due and payable, the Department may bring action to recover the penalty in Tribal Court. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action. Interest shall accrue on civil penalties from the date the penalty becomes due until paid at the highest rate allowed under Tribal law.

(g) To secure the penalty incurred under this section, the Department shall have a lien on any vessel used or operated in violation of Regulations I, II, or III. [Res. 281093-C (10/28/93) Reg. I § 3.10]

10.12.110 Appeal of orders and civil penalties.

(a) Any order or notice of civil penalty issued by the Control Officer or the Department pursuant to PTC 10.12.090 may be appealed to the Puyallup Environmental Planning Commission if the appeal is filed with the PEPC and served on the Department within 30 days after receipt of the order by the person penalized of the order or notice of penalty or within 30 days after receipt of notice of disposition of an application for remission or mitigation of penalty filed under PTC 10.12.100. This section establishes the exclusive means of obtaining administrative appellate review of any such order or civil penalty.

(b) The Department in its discretion may stay the effectiveness of an order during the pendency of an administrative appeal. At any time during the pendency of an appeal of such an order to the PEPC, the appellant may also apply to the PEPC for a stay of the order or for the removal thereof. The PEPC may grant such relief in the exercise of sound discretion.

(1) The appellant’s name and mailing address;

(2) The date and docket number of the order appealed;

(3) A description of the substance of the order that is the subject of the appeal;

(4) A clear, separate and concise statement of every error alleged to have been committed;

(5) A clear and concise statement of facts upon which the requestor relies to sustain his or her statements of error; and

(6) A statement setting forth the relief sought.

(d) Upon failure to comply with any final order of the Control Officer or the Department, the attorney for the Department, upon request of the Department or Control Officer, may bring an action in Tribal Court to obtain such relief as necessary.

(e) Judicial review of final administrative action by the PEPC may be sought in the Tribal Court pursuant to the Tribal Administrative Procedure Act (Chapter 2.08 PTC). This shall be the exclusive means of obtaining judicial review of orders and civil penalties issued by the Department or the Control Officer.

(f) Civil penalties incurred but not paid shall accrue interest beginning on the day following the date that the penalty becomes due and payable at the rate of 12 percent per year, simple interest. If a violation is appealed, interest shall not begin to accrue until the day following final resolution of the appeal.

(g) To secure any penalty incurred under Regulations I, II or III, the Puyallup Tribe shall have a lien on any property or vessel used or operated in violation of Regulations I, II or III, consistent with other applicable federal and Tribal law. This lien may be enforced through an action in the Tribal Court. [Res. 281093-C (10/28/93) Reg. I § 3.11]

10.12.120 Additional enforcement.

(a) 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 will constitute a violation of any provision of Regulations I, II or III, or any other rule, regulation or order issued or enforced by the Department or the Control Officer or a duly authorized agent, the Department may petition the Tribal Court for a judicial order enforcing any administrative order or any regulation or rule, for a restraining order, for a temporary or permanent injunction, or for any other appropriate order. Due notice and an opportunity to comply shall be given by the Department before seeking relief from the Court under this section.

(b) As an additional means of enforcement, the Department or the Control Officer may accept an assurance of discontinuance of any act or practice deemed in violation of any order, rule, or regulation adopted pursuant to the Puyallup Tribal Air Quality Program, 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 such assurance shall constitute prima facie proof of a violation of the Puyallup Tribal Air Quality Program or orders, rules or regulations issued thereunder, which make the act or practice unlawful for the purpose of securing an injunction or other relief from the Tribal Court. [Res. 281093-C (10/28/93) Reg. I § 3.15]

10.12.130 Confidential information.

Whenever any records or other information, other than ambient air quality data or emission data, furnished to or obtained by the Department, pursuant to the Tribal Air Quality Program or the federal Clean Air Act, 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 Department. Nothing herein shall be construed to prevent the use of records or information by the Department 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 under the provisions of this section; provided further, that emission data furnished to or obtained by the Department shall be correlated with applicable emission limitations and other control measures and shall be available for public inspection during normal business hours at offices of the Department. [Res. 281093-C (10/28/93) Reg. I § 3.19]

10.12.140 Separability.

If any provision of Regulation I, II or III is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality or validity of every other provision of the Regulations shall not be affected thereby. [Res. 281093-C (10/28/93) Reg. I § 3.21]

10.12.150 Criminal penalty.

(a) Any person subject to the criminal jurisdiction of the Puyallup Tribe of Indians who knowingly violates any of the provisions of Regulations I, II, or III of the Tribal Air Quality Program, including but not limited to any orders issued thereunder, shall be guilty of a crime and upon conviction thereof be punished by a fine of not more than $5,000, by imprisonment for a term of not more than one year, or by both fine and imprisonment, for each separate violation.

(b) Any person subject to the criminal jurisdiction of the Puyallup Tribe of Indians who negligently releases into the ambient air any substance listed by the Department as a hazardous air pollutant, other than in compliance with the terms of the applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or serious bodily harm shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both fine and imprisonment.

(c) Any person subject to the criminal jurisdiction of the Puyallup Tribe of Indians who knowingly releases into the ambient air any substance listed by the Department as a hazardous pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily harm, shall be guilty of a crime and shall, upon conviction thereof, be punished by a fine of not less than $5,000 or by imprisonment for not more than one year, or by both fine and imprisonment. [Res. 281093-C (10/28/93) Reg. I § 3.25]

Article 3. Variances

10.12.160 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 Department 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 Department may require. The hearing held hereunder shall be conducted in accordance with the rules of evidence as set forth in the Tribal Administrative Procedures Act as now or hereafter amended. The total time period for a variance and renewal of such variance shall not exceed one year. The Department 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 or the environment; 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 Department 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 requirements of subsection (a) of this section 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 Department may prescribe.

(2) If the variance is granted on the ground that compliance with the particular requirement or requirements 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 Department, is requisite for the taking of the necessary measures. A variance granted on 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 subsections (c)(1) and (c)(2) of this section, 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 Department on account of the variance, no renewal thereof shall be granted unless, following a public hearing on the complaint on due notice, the Department finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least 60 days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Department shall give public notice of such application in accordance with rules and regulations of the Department.

(e) A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the discretion of the Department. However, any applicant adversely by the denial or the terms and conditions of the granting of an application for a variance or renewal of a variance by the Department may obtain judicial review thereof only under the provisions of the Tribal Administrative Procedure Act (Chapter 2.08 PTC) as now or hereafter amended.

(f) Variances approved under this section shall not be included in orders or permits until such time as the variance has been accepted by the United States Environmental Protection Agency as part of an approved Tribal Implementation Plan where such acceptance is required under the federal Clean Air Act. [Res. 281093-C (10/28/93) Reg. I § 4.01]

10.12.170 Variances from PTC 10.12.340.

(a) Any person who owns or is in control of any material subject to PTC 10.12.340 may apply to the Department for a variance from said regulation. The application shall be accompanied by such information as the Department may require.

(b) The Control Officer may waive PTC 10.12.340 for emergency situations (such as earthquakes, floods, or other unforeseen catastrophic situations) if all other alternatives for disposal of the material would pose a greater danger to public health and safety or the environment than burning. Notice of the approval shall be published in a local general circulation newspaper and anyone aggrieved by the decision may, within 10 days of the publication, appeal the action to the Department.

(c) For outdoor burning variance applications, the Control Officer shall conduct a fact-finding public hearing, upon due notice being published and sent to all interested parties within 500 feet of the property on which the burning is proposed to occur. The Control Officer can require notice to parties beyond 500 feet if deemed necessary by the Control Officer. The Control Officer shall make written findings and forward same with a recommended decision to the Department. The Director of the Department shall issue a written decision on the application for a variance granting, denying or granting the application with conditions.

(d) In addition to the criteria provided by Tribal and federal ordinances and statutes, the Control Officer may consider the following additional factors in making findings on a variance request:

(1) Unusual individual sites, such as those that are bisected by the no-burn boundary; and

(2) Unusual economic factors, such as extremely high costs for recycling or hauling, that are attributable to some site-specific condition; and

(3) Whether burning in place would be of lower risk or harm to the environment than either removal or reduction in place (chipping, composting, or decay) in such areas as drainages, steep slopes, beaches, and other inaccessible points.

(e) No variance application under subsection (c) of this section will be considered complete unless the applicant provides:

(1) A list of interested parties and neighbors within 500 feet or more of the property on which the burning is proposed to occur as deemed necessary by the Control Officer; and

(2) Written estimates of the cost of removing, recycling, or reducing the material in place versus burning the material.

(f) All hearings held under subsection (c) of this section shall be conducted in accordance with the rules of evidence as set forth in the Tribal Administrative Procedure Act (Chapter 2.08 PTC). [Res. 281093-C (10/28/93) Reg. I § 4.02]

10.12.180 Filing fees.

(a) A fee of $1,000 shall be paid to the Department upon the filing of any variance application considered under PTC 10.12.160.

(b) The property owner or agent claiming an emergency under PTC 10.12.170(b) shall pay all costs associated with any legal notice upon being invoiced by the Department.

(c) A fee of $25.00 shall be paid to the Department upon the filing of any variance application for fires described in PTC 10.12.330(c)(4) which would be on property of at least five contiguous acres. The applicant shall also pay all the costs associated with any legal notice upon being invoiced by the Agency.

(d) A fee of $1,000 shall be paid to the Department upon the filing of any variance application for fires other than those described in subsection (c) of this section. The applicant shall also pay all costs associated with any legal notice upon being invoiced by the Department. [Res. 281093-C (10/28/93) Reg. I § 4.03]

Article 4. Registration

10.12.190 Definition and components of registration program.

(a) For purposes of this Regulation, “registration” shall mean the Department’s continuing program for identifying, delineating, itemizing, verifying, and maintaining a current, accurate record of all air contaminant sources and their emissions within the jurisdiction of the Department, and the making of reports, as required by the Department, by the persons owning, operating, or responsible for such sources, and including the Department activities and services enumerated in subsections (b)(2) through (7) of this section performed in direct support of the registration program.

(b) The components of such registration program shall include:

(1) Initial registration and annual or other periodic reports from source owners providing the information described in PTC 10.12.210(a).

(2) On-site inspections necessary to verify compliance with PTC 10.12.200 and/or to supplement information provided by sources pursuant to the requirements of PTC 10.12.210(a).

(3) Computer and software maintenance used to compile and retrieve information provided by sources pursuant to the requirements of PTC 10.12.210(a).

(4) Emission inventory reports and emission reduction credits computed from information provided by sources pursuant to the requirements of PTC 10.12.210(a).

(5) Staff review, including engineering analysis for accuracy and currentness, of information provided by sources pursuant to the requirements of PTC 10.12.210(a).

(6) Clerical and other office support provided by the Department in direct furtherance of the other components of the registration program.

(7) Administrative support provided in directly carrying out the registration program. [Res. 281093-C (10/28/93) Reg. I § 5.02]

10.12.200 Registration required.

All air contaminant sources within the jurisdiction of the Department shall be registered with the Department, except any of the excluded sources which are listed in Exhibit A to this Regulation I, which by this reference is made a part hereof as now constituted or hereafter amended.

(a) Exhibit A.

Exclusions:

(1) Air conditioning or ventilating systems not designed to remove contaminants 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, unless waste-derived fuel as defined in PTC 10.12.410 is burned, which:

(A) Is used solely for a private dwelling serving less than five families; or

(B) Has an energy input of less than one gigajoule (one million Btu) per hour.

(6) Waste-derived fuel burning equipment as defined in PTC 10.12.410, which has an energy input of less than one-half gigajoule (one-half million Btu) per hour.

(7) Insecticide, pesticide, or fertilizer spray equipment.

(8) Internal combustion engines, including gas turbine and jet engines, except stationary gas turbine engines and stationary internal combustion engines for which a U.S. EPA New Source Performance Standard has been adopted.

(9) Laboratory fume hoods.

(10) Laundry dryers, extractors, or tumblers used exclusively for the removal of water from fabric.

(11) Routing, turning, carving, cutting, and drilling equipment used for metal, wood, plastics, rubber, leather, or ceramics which does not release air contaminants to the ambient air.

(12) Sewing equipment.

(13) Steam cleaning equipment used exclusively for that purpose.

(14) Storage tanks, reservoirs, or containers which do not store substances capable of emitting air contaminants.

(15) Storage tanks, reservoirs, or containers storing volatile organic compounds:

(A) Of a capacity of 3,780 liters (1,000 gallons) or less; or

(B) Of a capacity of 15,000 liters (4,000 gallons) or less used for storage of substances other than gasoline; or

(C) Of a capacity of 150,000 liters (40,000 gallons) or less used for storage of substances with a true vapor pressure less than 0.01 kilopascal (0.002 psia).

(16) Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping, which do not release air contaminants into the ambient air.

(17) Vacuum producing devices used in laboratory operations, and vacuum producing devices which do not remove or convey air contaminants from or to another source.

(18) Vents used exclusively for:

(A) Sanitary or storm drainage systems; or

(B) Safety valves; or

(19) Washing or drying equipment used for products fabricated from metal or glass, if no volatile organic material is used in the process.

(20) Water cooling towers and cooling ponds which do not emit any air contaminants.

(21) Portable, manually operated welding, brazing, or soldering equipment.

(22) Asphalt roofing and laying equipment (not manufacturing or storage).

(23) Restaurants and other retail food-preparing establishments.

(24) Cold solvent cleaners using a solvent with a true vapor pressure less than or equal to 4.2 kilopascals (0.6 psia).

(25) Retail printing operations (not including web presses).

(26) Retail paint sales (not including manufacturing).

(27) Spray painting or blasting equipment used at a temporary location to clean or paint bridges, water towers, buildings, or similar structures.

(28) Sources which due to the amount and nature of air contaminants produced, and potential to contribute to air pollution, are determined through review by the Control Officer not to warrant registration; provided, that for new sources, such determination shall be based upon review of a Notice of Construction. [Res. 281093-C (10/28/93) Reg. I § 5.03]

10.12.210 General requirements for registration.

(a) Owners or operators of air contaminant sources subject to PTC 10.12.200 shall, upon request by the Department, make annual and/or periodic reports to the Department regarding emission sources, types and amounts of raw materials used and air contaminants emitted, data on equipment and control apparatus, stack heights, process weights, process flow, fuel composition, pollutant concentrations, and any other information directly related to air pollution registration requested by the Department.

(b) Annual registration and periodic reporting for a source as required by the Department shall be made by the owner or lessee of the source or his agent on forms provided by the Department or in a Department-approved format. The owner of the source shall be responsible for the completion and submittal of the annual registration and/or periodic reports within 60 days of receipt of forms. The owner of the source shall be responsible for the correctness of the information submitted.

(c) A separate annual registration and separate periodic report shall be required for each facility which emits air contaminants.

(d) The confidentiality provisions of PTC 10.12.130 shall be applicable in administering the registration and reporting program.

(e) Owners or operators of air contaminant sources subject to PTC 10.12.200 shall develop and implement an operation and maintenance plan to assure continuous compliance with Regulations I, II, and III. A copy of the plan shall be filed with the Control Officer upon request. The plan shall reflect good industrial practice and shall include, but not be limited to, the following:

(1) Periodic inspection of all equipment and control apparatus;

(2) Monitoring and recording of equipment and control apparatus performance;

(3) Prompt repair of any defective equipment or control apparatus;

(4) Procedures for start up, shut down, and normal operation;

(5) The control measures to be employed to assure compliance with PTC 10.12.470;

(6) A record of all actions required by the plan.

The plan shall be reviewed by the source owner or operator at least annually and updated to reflect any changes in good industrial practice. [Res. 281093-C (10/28/93) Reg. I § 5.05]

10.12.220 Fees – Registration program.

(a) The Department shall levy annual fees as set forth in the Registration and Operating Permit Fee Schedule for services provided in administering the registration or operating permit programs. Fees received under the registration or operating permit programs shall not exceed the cost of administering these programs. Fees under this section may be adjusted annually.

(b) Upon assessment by the Department, registration or operating permit fees are due and payable within 30 days. They shall be deemed delinquent if not fully paid with 90 days, and shall be subject to an additional fee equal to three times the original fee.

REGISTRATION AND OPERATING PERMIT FEE SCHEDULE

(1) For all facilities, a fee of $85.00 per facility except $1,200 per facility for those subject to subsection (b)(4) of this section; and

(2) For all facilities:

(A) Thirty-five dollars for each item of air contaminant generating equipment; and

(B) Eighty dollars for each item of air contaminant control equipment; and

(D) Five hundred dollars for each incinerator; and

(E) Five hundred dollars for each landfill; and

(3) For all facilities except those subject to subsection (b)(4) of this section, a $20.00 emission fee for each item of air contaminant generating equipment; and

(4) For only those facilities which have permitted emissions or actual annual emissions of 25 tons or more of any of the following: PM10, sulfur oxides, nitrogen oxides, or carbon monoxide; or annual emissions of 10 tons or more of toxic air contaminants or volatile organic compounds, including any negligibly reactive compound:

(A) Twenty dollars per ton for PM10, sulfur oxides, nitrogen oxides, or volatile organic compounds, including any negligibly reactive compound; and

(B) Seven dollars per ton for carbon monoxide or toxic air contaminants.

(5) The fees required by this section are for each calendar year and shall be based on equipment in place or permitted and either permitted emissions or actual emissions during each calendar year, whichever is greater. [Res. 281093-C (10/28/93) Reg. I § 5.07]

10.12.230 Shut down sources.

A registered source which is shut down may, upon request to the Control Officer, be removed from registration. The source shall not be operated thereafter unless the owner or operator has submitted, and received approval for, a notice of construction in compliance with Article 5. [Res. 281093-C (10/28/93) Reg. I § 5.08]

10.12.240 Noncompliance is unlawful.

It shall be unlawful for any person to fail to comply with any provisions of this article and any violation thereof shall be subject to enforcement actions authorized pursuant to PTC 10.12.150. [Res. 281093-C (10/28/93) Reg. I § 5.09]

Article 5. New Source Review

10.12.250 Notice of construction.

(a) No person shall construct, install or establish a new air contaminant source, except those sources that are excluded in Exhibit A of PTC 10.12.200 unless a “notice of construction and application for approval” has been filed with and approved by the Department.

(b) Each notice of construction and application for approval shall be submitted on forms provided by the Department and shall be accompanied by a set of plans that fully describes the proposed source, the means for prevention or control of the emissions of air contaminants, and any additional information required by the Department or Control Officer to demonstrate that the proposed source will meet the requirements of PTC 10.12.280.

(c) Within 30 days of receipt of a notice of construction and application for approval, the Department shall notify the applicant in writing if any additional information is necessary to complete the application. This section shall not preclude the Department from requesting additional information if the Department later determines additional information is needed. [Res. 281093-C (10/28/93) Reg. I § 6.03]

10.12.260 Notice of construction review fees.

A notice of construction and application for approval is incomplete until the Department has received a plan examination fee as shown below:


Fuel Burning Equipment: (rated heat input – million Btu/hr)
	Less than 10.0	$300.00
	10.0 or more but less than 100.0	$1,000.00
	100.0 or more but less than 250.0	$10,000.00
	250.0 or more	$20,000.00
Control Equipment or Equipment Used in a Manufacturing Process: (acfm)
	Less than 10,000	$300.00
	10,000 or more but less than 100,000	$1,000.00
	100,00 or more	$5,000.00
Refuse Burning Equipment: (rated capacity)
	12 tons per day or less	$5,000.00
	Greater than 12 tons per day but less than 250 tons per day	$20,000.00
	250 tons per day or greater	$50,000.00
Storage Tanks: (gallons)
	Less than 20,000	$200.00
	20,000 or more	$500.00
Gasoline Station		$200.00
Dry Cleaner		$200.00
Other (not classified above)		$200.00
Additional Charges:
	Air Toxics Screening [see PTC 10.12.970(b)]	$200.00
	Exceedance of Acceptable Source Impact Level [see PTC 10.12.970(b)]	$5,000.00
	Major Source or Major Modification [see PTC 10.12.280(d)]	$5,000.00
	Opacity/Grain Loading Correlation [see PTC 10.12.420(e)]	$5,000.00
	Permitted Emissions	$20.00/ton

[Res. 281093-C (10/28/93) Reg. I § 6.04]

10.12.270 Requirements for public notice.

(a) Within 15 days of the receipt of the information required by PTC 10.12.250, the Department or Control Officer shall publish notice to the public of the opportunity to submit written comment during a 30-day period under any of the following conditions:

(1) If otherwise required by the Tribal or federal laws or regulations; or

(2) If the proposed source would cause an annual increase of 10 tons of any air contaminant for which ambient air quality standards have been established; or

(3) If offsetting emission reductions are required; or

(4) If the Department or Control Officer determines that such public comment would be appropriate.

(b) The cost of publishing any public notice required by subsection (a) of this section shall be paid by the owner or applicant to the Department.

(1) Name and address of the owner.

(2) Brief description of proposed construction.

(3) The location at which a copy of the preliminary determination and a summary of information considered in making such preliminary determination are available to the public.

(d) If public notice is given by another agency with jurisdiction on the proposed construction of a new source not required to have offsetting emission reductions, no public notice shall be required under this section. [Res. 281093-C (10/28/93) Reg. I § 6.06]

10.12.280 Order of approval – Order to prevent construction.

(a) Within 30 days of receipt of a complete notice of construction and application for approval, or 30 days after the close of the public comment period if subject to the public notice requirements of PTC 10.12.270, the Department or Control Officer shall issue an order of approval or an order to prevent construction. The Department may extend these times for good cause, including administrative program burdens.

(b) An order of approval may provide such conditions of operation as are reasonably necessary to assure compliance with Regulations I, II and III.

(c) No order of approval shall be issued unless the notice of construction and application for approval demonstrates affirmatively and the Department or Control Officer finds in writing that:

(1) The operation of the source at the location proposed will not cause or contribute to a violation of an ambient air quality standard;

(2) The source meets the requirements of all applicable emission standards including New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency;

(3) Best available control technology is employed for the construction, installation, or establishment of new sources and the modification of existing sources; and

(4) Reasonably available control technology is employed for the replacement of existing control equipment.

(d) No order of approval shall be issued for a new major source or major modification (as defined in PTC 10.12.040) in a nonattainment area unless the notice of construction and application for approval also demonstrates affirmatively and the Department or Control Officer finds in writing that:

(1) For those air contaminants for which the area is designated nonattainment, lowest achievable emission rate is employed for each new source at a new major source, and each new or modified source at a new major source, and each new or modified source involved in a major modification;

(2) All existing major sources owned or operated by the applicant within the Puyallup Reservation and the State of Washington are in compliance with all applicable emission standards under the federal Clean Air Act or are on an approved compliance schedule;

(3) Offsets in the form of emission reduction credits banked pursuant to PTC 10.12.290 and in an amount greater than or equal to 1.10 times the proposed total allowable emissions from the new major source, or the increase from current actual to the proposed total allowable emissions for a major modification, have been obtained from sources in the same nonattainment area and occur by the time the new major source or major modification begins operation; and

(4) The benefits of the proposed new major source or major modification significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. (This demonstration, which shall include an analysis of alternative sites, sizes, production processes, and environmental control techniques, may be in the form of an environmental impact statement prepared under the Puyallup Permit Applications Procedure Code (Chapter 15.16 PTC) or the National Environmental Policy Act. For this purpose, the Department may rely, in its discretion, upon an environmental impact statement prepared in accordance with Washington’s State Environmental Policy Act.)

(e) An order of approval shall expire unless construction has commenced with 24 months of the date of its issuance or if construction is discontinued for a period of more than 24 months.

(f) An order to prevent construction shall set forth the objections in detail with references to the provisions of Regulations I, II and III that would not be met. Such order shall become final unless, no later than 15 days after the date the order is served, the owner or applicant petitions for a reconsideration of the order, with reasons for the reconsideration. The Department or Control Officer shall consider the petition, and shall within 30 days give written order of approval or final disapproval of the notice of construction setting forth the reasons for disapproval. [Res. 281093-C (10/28/93) Reg. I § 6.07]

10.12.290 Emission reduction credit banking.

(a) Banking of emission reductions in ton per year increments that result from improved process or control techniques, source shutdowns, or curtailments shall be allowed by written permission of the Department or Control Officer if formally requested within 180 days of the issuance of an order of approval or other action taken to effect an emission reduction. A fee of $50.00 per ton shall be paid upon the filing of a request to bank emission reduction credits.

(b) The baseline from which to calculate an emission reduction credit shall be the source’s actual emissions, or allowable emissions, whichever is smaller.

(c) Permission to bank shall constitute receipt of legal title to an emission reduction credit within the provisions of this section. The sale or transfer of emission reduction credits is allowed provided prior approval is granted by the Department of Control Officer, based solely on a certification of valid title to the credits. A request to sell or transfer emission reduction credits must be notarized by the applicant and signed by all parties to the transaction.

(d) The Department or Control Officer shall establish conditions for each emission reduction credit as needed to ensure the permanence and federal enforceability of the reduction. The conditions shall be listed in a certificate of title issued by the Department or Control Officer. No credits shall be used if any of the conditions are being violated. Sale or transfer of the credits shall not relieve the owner of the source which created the credits from any of the conditions. If, after credits are sold, transferred, or used, the conditions are violated and this results in an emission increase, the Department or Control Officer may require the owner of the source which created the credits to replace that amount of credit through additional emission reductions or the purchase or use of emission reduction credits already banked.

(e) Emission reduction credits must be committed for use pursuant to PTC 10.12.280(d) within a period of five years.

(f) If reductions in emissions beyond those already identified in the Tribal Implementation Plan are required to attain a national ambient air quality standard, and the standard cannot be met through controls on operating sources, emission reduction credits for that pollutant may be discounted on a temporary or permanent basis by the Department after public hearing. [Res. 281093-C (10/28/93) Reg. I § 6.08]

10.12.300 Notice of completion.

(a) Within 30 days of completion of the construction, installation, establishment, or modification of an air contaminant source subject to the provisions of PTC 10.12.250, the owner or applicant shall file a notice of completion with the Department. Each notice of completion shall be submitted on a form provided by the Department and shall specify the date upon which operation of the source has commenced or will commence.

(b) It shall be unlawful to cause or allow the construction, installation, establishment, or modification of an air contaminant source that is not in accordance with the plans, specifications, or other information approved by the Department. [Res. 281093-C (10/28/93) Reg. I § 6.09]

10.12.310 Work done without an approval.

Where the work for which a notice of construction is required is commended or performed prior to making application and receiving approval, the Control Officer may conduct an investigation as part of the notice of construction review. In such case, an investigation fee, in addition to the fees of PTC 10.12.260, shall be assessed in an amount equal to three times the plan examination fees of PTC 10.12.260. Payment of the fees does not relieve any person from the requirement to comply with the regulations nor from any penalties for failure to comply. [Res. 281093-C (10/28/93) Reg. I § 6.10]

Article 6. Outdoor Fires

10.12.320 Policy.

It is the policy of the Puyallup Tribe 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 Puyallup Tribe 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 policy of the Puyallup Tribe to encourage the fostering of an alternate technology or method of disposing wastes which is reasonably economical and less harmful to the environment. The Puyallup Tribal Council recognizes that intergovernmental cooperation is necessary to protect the quality of common airsheds. To that end, the Department shall coordinate issuance of burning permits with the Puget Sound Air Pollution Control Agency. [Res. 281093-C (10/28/93) Reg. I § 8.01]

10.12.330 Outdoor fires – Prohibited types.

It shall be unlawful for any person to cause or allow any outdoor fire:

(a) During any stage of an air pollution episode or period of impaired air quality; or

(b) 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

(1) Fires for instruction in the method of fighting fires (except forest fires), provided prior written approval has been issued by the Control Officer;

(2) Fires associated with agricultural activities for controlling diseases, insects, weed abatement or development of physiological conditions conducive to increased crop yield, provided written confirmation has been furnished by an agricultural specialist or other agent designated by the Cooperative Extension Service that burning is the best management practice, and prior written approval has been issued by the Control Officer;

(3) Fires for abating a forest fire hazard, to prevent a hazard, for instruction of public officials in methods of forest fire fighting, and silvicultural operation to improve forest lands, and silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals, provided prior written approval has been issued by the Department;

(4) Fires no larger than four feet in diameter and three feet in height consisting of leaves, clippings, prunings, 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 or her designee, provided a permit has been issued by the Department;

(5) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects, provided a permit has been issued by the Department;

(6) Fires consisting solely of charcoal, propane, natural gas, or wood used solely for the preparation of food;

(7) Fires no large than four feet in diameter and three feet in height for campfires at designated federal or Tribal parks and recreation areas;

(8) Fires for Indian religious and cultural ceremonies;

(9) Fires used by Tribal fishermen on the riverbed for purposes of warmth in connection with the exercise of fishing rights so long as such fires are no larger than three feet in diameter, are fueled by dry wood only, and are completely extinguished before being abandoned.

(10) Fires for abating a fire hazard; provided, that no reasonable alternative is available to abate the hazard and prior written approval has been issued by the Control Officer. [Res. 281093-C (10/28/93) Reg. I § 8.02]

10.12.340 Outdoor burning – Prohibited areas.

(a) It shall be unlawful for any person to cause or allow any outdoor fire described in PTC 10.12.330(c)(4) or (5):

(1) In any area where federal or Tribal ambient air quality standards are exceeded for pollutants emitted by outdoor burning, including but not limited to carbon monoxide and particulates (PM10);

(2) In any area in which the Department has determined not to issue burning permits for outdoor burning;

(3) In any area in which the Department has determined that selected types of outdoor burning fires are prohibited under a valid burning permit program.

(b) A waiver from the outdoor burning prohibition of this section may be granted by the Control Officer if the applicant demonstrates that the waiver is necessitated by an emergency situation pursuant to Article 3 of Regulation I. [Res. 281093-C (10/28/93) Reg. I § 8.03]

10.12.350 General conditions.

(a) 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.

(b) Nothing contained in this article shall be construed to allow outdoor fires in those areas in which open burning is prohibited by federal or Tribal laws, ordinances, or regulations.

(c) Nothing contained in this article shall relieve the applicant from obtaining permits required by any applicable fire protection agency or from compliance with Section 11.101 of the Uniform Fire Code. [Res. 281093-C (10/28/93) Reg. I § 8.04]

Article 7. Emission Standards

10.12.360 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 minutes in any one hour, which is:

(1) Darker in shade than that designated as No. 1 (20 percent 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 (a)(1) of this section.

(b) 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 of the plume nearest the point of emission.

(c) This section shall not apply when the presence of uncombined water is the only reason for the failure of the emission to meet the requirement of this section.

(d) This section shall not apply to solid fuel burning devices, motor vehicles when operated on public roads, or aircraft.

(e) Subsection (a) of this section shall not apply to any source which meets the requirements of PTC 10.12.420(e). [Res. 281093-C (10/28/93) Reg. I § 9.03]

10.12.370 Deposition of particulate matter.

It shall be unlawful for any person to cause or allow the emission of particulate matter which becomes deposited upon the property of others in sufficient quantities and characteristics 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. [Res. 281093-C (10/28/93) Reg. I § 9.04]

10.12.380 Incinerator burning.

It shall be unlawful for any person to cause or allow the burning of combustible refuse except in a multiple chamber incinerator as defined in PTC 10.12.040 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. [Res. 281093-C (10/28/93) Reg. I § 9.05]

10.12.390 Refuse burning equipment – Time restriction.

It shall be unlawful for any person to cause or allow the operation of refuse burning equipment any time other than daylight hours, except with the prior written approval of the Control Officer. [Res. 281093-C (10/28/93) Reg. I § 9.06]

10.12.400 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 concentrations 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:

Table I

Maximum Allowable Sulfur Dioxide Concentrations
*Concentration	Averaging Time	Frequency of 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.

Emissions exceeding the limits established in this subsection (a) shall not constitute a violation of this section, 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 allow the emission of sulfur dioxide from any equipment in excess of 1,000 ppm on a dry basis, one-hour average corrected to seven percent oxygen for combustion sources.

(c) When the emission of sulfur dioxide exceeds 18 kilograms (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 more than 10 percent of the sulfur contained in the process weight per hour. Any person processing such sulfur-containing material shall, upon request, provide to the Department 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 excess of:

(1) Two percent for all oil except as provided for hereinafter in subsections (d)(3) and (d)(4) of this section.

(2) One percent for coal.

(3) Three-tenths of a percent for Distillate No. 1 oil (ASTM D-396-69).

(4) Five-tenths of a percent for Distillate No. 2 oil (ASTM D-396-69).

Except that when flue gas desulfurization equipment is used, higher sulfur content fuel may be sold if the resulting stack concentration of sulfur dioxide shall not be greater than that which would have occurred by burning the fuel described in subsections (d)(1), (2), (3) and (4) of this section.

(e) (1) When used in Regulation I:

(A) A “wholesale fuel facility” means any refiners, distribution 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 Department; and

(B) A “wholesale fuel dealer” means the owner of a wholesale fuel facility.

(2) Each wholesale fuel dealer shall report information to the Department for each calendar month after the effective date of this section, as follows:

(A) The quantity, specification, seller and percent sulfur by weight of fuel received at the wholesale fuel facility and the date of such receipt;

(B) The method used in obtaining the sulfur content of such fuel;

(D) Such reports to be submitted within 15 days of the end of the reporting month. [Res. 281093-C (10/28/93) Reg. I § 9.07]

10.12.410 Combustion and marketing of waste-derived fuels.

(a) It shall be unlawful for any person to burn waste-derived fuel unless a “notice of construction and application for approval” to burn waste-derived fuel has been filed with the Department, and in accordance with Article 5, Regulation I.

(b) It shall be unlawful for any person to sell, or make available for sale, waste-derived fuel for burning to a person who has not obtained prior approval to burn such fuels in accordance with subsection (a) of this section.

(c) Any person who sells or makes available for sale waste-derived fuel for burning shall submit reports to the Department within 15 days of the end of each reporting month on Department-supplied forms for each calendar month after the effective date of this section as follows:

(1) The name and address of, and the amount delivered to, each customer;

(2) Other pertinent information as may be required by the Control Officer.

(d) The following are exempt from the provisions of subsections (a), (b), and (c) of this section:

(1) Gasoline when used as a fuel for internal combustion engines;

(2) Aviation fuel;

(3) Used oil burned in space heaters that have a maximum heat input of less than one-half gigajoule (one-half million Btu) per hour; provided, that:

(A) The used oil burned is either generated on site or received from do-it-yourself oil changers; and

(B) The used oil burned is not contaminated with added dangerous wastes.

(e) When used in Regulation I:

(1) “Waste-derived fuel” means any fuel that is contaminated with dangerous waste or exceeds, in the case of fuels in a liquid state under standard conditions, any of the following limits:

(A) One-tenth percent ash by weight.

(B) One hundred parts per million (ppm) by weight of lead.

(D) Two ppm cadmium by weight.

(E) Ten ppm chromium by weight.

(F) One thousand ppm by weight chlorides.

(G) Five ppm polychlorinated biphenyls (PCBs).

(H) A flash point lower than 38ºC (100ºF).

Procedures for determining compliance with the above specifications adopted by the Puget Sound Air Pollution Control Agency are incorporated into and made a part of Regulation I. Alternate procedures must be mutually agreed upon by the Department or the Control Officer and the person burning, selling or making available for sale a waste-derived fuel.

(2) “Dangerous wastes” means those solid, semi-solid, liquid or contained gaseous materials designated as dangerous or extremely hazardous waste in PTC 10.04.020 (Tribal Hazardous Substances Control Act), and rules or regulations adopted under that Act.

(3) “Used oil” means any oil that has been refined from crude oil, used, and as a result of such use is contaminated by physical or chemical impurities. [Res. 281093-C (10/28/93) Reg. I § 9.08]

10.12.420 Emission of particulate matter – Concentration standards.

(a) It shall be unlawful for any person to cause or allow the emission of particulate matter in excess of the standards contained in Table II:

Table II
Type of Source			Maximum Allowable Particulate Emission Concentration
A.	Refuse Burning Equipment:
	1.	Rated at 12 tons per day or less without heat recovery and without hydrochloric acid control apparatus	0.10 gr/dscf @ 7% O2
	2.	Rated at 12 tons per day or less without heat recovery and with hydrochloric acid control apparatus	0.05 gr/dscf @ 7% O2
	3.	Rated at 12 tons per day or less with heat recovery	0.02 gr/dscf @ 7% O2
	4.	Rated at greater than 12 tons per day	0.01 gr/dscf @ 7% O2
B.	Fuel Burning Equipment:
	1.	Burning wood	0.20 gr/dscf @ 7% O2
	2.	Burning wood and installed after March 13, 1968, or located within the urbanized area	0.10 gr/dscf @ 7% O2
	3.	Burning wood, rated at 100 million Btu per hour or greater and located within the urbanized area	0.04 gr/dscf @ 7% O2
	4.	Burning wood and installed after March 1, 1986	0.02 gr/dscf @ 7% O2
	5.	Burning fuel other than wood	0.05 gr/dscf @ 7% O2
	6.	Burning coal or other solid fossil fuel and installed after March 1, 1986	0.01 gr/dscf @ 7% O2
C.	Equipment used in a Manufacturing Process: 0.05 gr/dscf

NOTE: The emissions standards in this table do not necessarily represent the best available control technology (BACT) for a particular source category.

(b) Source sampling in connection with the standards of this Regulation shall be performed using current U.S. EPA requirements where applicable and available, otherwise by using procedures and definitions adopted by the Department after public hearing or such procedures mutually agreed upon by the Department or the Control Officer and the equipment file owner. A copy of said procedures and definitions shall be kept on file in the office of the Department for examination by interested persons.

(c) It shall be unlawful for any person to cause or allow the emission of any air contaminant from any source subject to subsection (a) of this section which is:

(1) Greater than 20 percent opacity for a period or periods aggregating more than three minutes in any one hour; or

(2) Greater than five percent opacity for a one-hour average.

(d) Opacity measurements made to determine compliance with subsection (c) of this section shall be performed in accordance with the provisions of Article 9 of this Regulation.

(e) The owner or operator of a source subject to the requirements of subsection (a) of this section may apply for an alternate to the requirements of PTC 10.12.360(a) or subsection (c) of this section by submitting a notice of construction application which contains appropriate data correlating the particulate emissions from the source, measured in grains per dry standard cubic foot, with percent opacity such that any violation of the opacity limit accurately indicates a violation of the applicable particulate standard of subsection (a) of this section.

(f) The provisions of subsection (c)(2) of this section shall not apply to any source which meets the following requirements:

(1) The particulate emissions shall be tested annually using procedures approved by the Department.

(2) The monthly excess emission report required by PTC 10.12.620(f) shall contain a list of the number of hours in each day in which the average hourly opacity exceeded five percent. Based on this information, the Control Officer shall have the authority to order additional particulate source tests as necessary to determine compliance with the emission standards contained in subsection (a) of this section.

(g) The provisions of subsection (c) of this section shall not be subject to the compliance schedules contained in Section 9.25 and shall take effect August 1, 1989. [Res. 281093-C (10/28/93) Reg. I § 9.09]

10.12.430 Emission of hydrochloric acid.

(a) It shall be unlawful for any person to cause or allow the emission of hydrochloric acid from any equipment in excess of 100 ppm on a dry basis, one-hour average corrected to seven percent oxygen for combustion sources.

(b) It shall be unlawful for any person to cause or allow the emission of hydrochloric acid from any refuse burning equipment rated at greater than 12 tons per day in excess of 30 ppm on a dry basis, one-hour average corrected to seven percent oxygen. [Res. 281093-C (10/28/93) Reg. I § 9.10]

10.12.440 Emission of air contaminant – Detriment to person or property.

(a) It shall be unlawful for any person to cause or allow the emission of any air contaminant 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.

(b) A notice of violation of this section may be issued based upon an affidavit from the person making the complaint and verification by the Control Officer or his duly authorized representative.

(c) Nothing in this Regulation shall be construed to impair any cause of action or legal remedy 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. [Res. 281093-C (10/28/93) Reg. I § 9.11]

10.12.450 Odor and nuisance control measures.

(a) It is the policy of the Department that effective control apparatus and measures shall be installed and operated to control the emission of odor-bearing air contaminants and thereby prevent air pollution.

(b) It shall be unlawful for any person to cause or allow the emission of odor-bearing air contaminants unless such person uses the best available control technology to control the emissions. [Res. 281093-C (10/28/93) Reg. I § 9.12]

10.12.460 Emission of air contaminant – Concealment and masking restricted.

(a) It shall be unlawful for any person to cause or allow 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 this article.

(b) It shall be unlawful for any person to 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 the health, safety or welfare of any person. [Res. 281093-C (10/28/93) Reg. I § 9.13]

10.12.470 Fugitive dust – Emission standard.

(a) It shall be unlawful for any person to cause or allow the emission of fugitive dust unless such person uses the best available control technology to control the emissions.

(b) It shall be unlawful for any person to cause or allow a vehicle to be operated on a paved roadway open to the public:

(1) Unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, and except road construction and maintenance by public agencies.

(2) With a load of dirt, sand, gravel, or other material susceptible to being dropped, spilled, or otherwise escaping therefrom unless it is covered or has adequate freeboard so as to prevent spillage.

(3) With deposits of mud, dirt, or other debris on the vehicle’s body, fenders, frame, undercarriage, wheels, or tires.

Deposits of particulate matter on a paved roadway open to the public shall be prima facie evidence of a violation of this subsection (b).

(c) It shall be unlawful for any person to cause or allow the emission of fugitive dust from any refuse burning equipment, fuel burning equipment, equipment used in a manufacturing process, or control apparatus.

(d) It shall be unlawful for any person to cause or allow the emission of fugitive dust in sufficient quantities 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. [Res. 281093-C (10/28/93) Reg. I § 9.15]

10.12.480 Spray coating operations.

(a) It shall be unlawful for any person to cause or allow the use of spray equipment to apply any VOC-containing material, including any negligibly reactive compound, unless the operation is conducted inside an enclosed spray area that is registered with the Department and incorporates either dry filters or water wash curtains to control the overspray or the use of another technique that has received the prior written approval of the Control Officer. The exhaust from the spray area shall be vented to the atmosphere through a vertical stack or through the use of another technique that has received the prior written approval of the Control Officer.

(b) The provisions of this section shall not apply to:

(1) The use of hand-held aerosol cans;

(2) Touch-up operations;

(3) The coating of marine vessels in dry docks;

(4) The coating of bridges, water towers, buildings or similar structures;

(5) Insecticide, pesticide, or fertilizer spray equipment;

(6) The coating of items that cannot be reasonably handled in an enclosed spray area, provided the operation has received the prior written approval of the Control Officer. [Res. 281093-C (10/28/93) Reg. I § 9.16]

10.12.490 Report of startup, shutdown, breakdown, or upset condition.

(a) If a startup, shutdown, breakdown, or upset condition occurs which could result in an emissions violation or a violation of an ambient quality standard, the owner or operator of the source shall take the following actions as applicable:

(1) For a planned condition, such as a startup or shutdown, the condition shall be reported to the Department in advance of its occurrence.

(2) For an unplanned condition, such as a breakdown or upset, the condition shall be reported to the Department as soon as possible.

(b) Upon request of the Control Officer, the owner or operator of the source shall submit a full written report including the known causes, the corrective measures taken, and the preventive measures to be taken to minimize or eliminate the chance of recurrence.

(c) Compliance with the requirements of this section does not relieve the owner or operator of the source from the responsibility to maintain continuous compliance with all the requirements of Regulations I, II and III nor from the resulting liabilities for failure to comply. [Res. 281093-C (10/28/93) Reg. I § 9.17]

10.12.500 Maintenance of equipment.

(a) It shall be unlawful for any person to cause or allow the operation of any features, machines or devices constituting parts of or called for by plans, specifications, or other information submitted pursuant to Article 5 of Regulation I unless such features, machines or devices are maintained in good working order.

(b) It shall be unlawful for any person to cause or allow the operation of any equipment as defined in PTC 10.12.040(r) or control apparatus not subject to subsection (a) of this section unless the equipment or control apparatus is maintained in good working order. [Res. 281093-C (10/28/93) Reg. I § 9.20]

Article 8. Ambient Air Quality Standards and Control Measures Required

10.12.510 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 Department 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, sampling procedures, and methods to determine attainment of air quality standards shall conform to current U.S. EPA requirements where applicable and available, otherwise by using procedures and definitions adopted by the Department after public hearing.

(a) When any of the air quality standards set forth in Regulation I are exceeded, the Control Officer or Department 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 Department has reason to believe that the air quality standards set forth in Regulation I may be exceeded in an area within the Department’s jurisdiction, the Department shall use all ways and means necessary to assure that such standards are met.

(1) The setting by the Department of specific emission standards, performance standards, or other source control measures more stringent than the minimum standards set forth in Regulations I, II and III;

(2) The application by the Department 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 Department to set timetables, enforce standards or otherwise obtain compliance with this section. [Res. 281093-C (10/28/93) Reg. I § 11.01]

10.12.520 Ambient air quality standards – Suspended particulate.

The suspended particulate concentration measured in the ambient air shall not exceed:

(a) Sixty micrograms per cubic meter of air (60 μg/m3) annual geometric mean.

(b) One hundred fifty micrograms per cubic meter of air (150 μg/m3) maximum 24-hour concentration more than once per year. [Res. 281093-C (10/28/93) Reg. I § 11.03]

10.12.530 Ambient air quality standards – PM10.

(a) The level of the 24-hour ambient air quality standard for PM10 is 150 micrograms per cubic meter (μg/m3), 24-hour average concentration. The standard is attained when the expected number of days per calendar year with a 24-hour average above 150 μg/m3, as determined in accordance with 40 C.F.R. Part 50, Appendix K, is equal to or less than one.

(b) The level of the annual ambient air quality standard for PM10 is 50 micrograms per cubic meter (μg/m3), annual arithmetic mean. The standard is attained when the expected annual arithmetic mean concentration, as determined in accordance with 40 C.F.R. Part 50, Appendix K, is less than or equal to 50 μg/m3. [Res. 281093-C (10/28/93) Reg. I § 11.04]

10.12.540 Ambient air quality standards – Lead.

The lead concentration in the ambient air shall not exceed 1.5 micrograms per cubic meter (1.5 μg/m3) maximum arithmetic mean averaged over a calendar quarter. [Res. 281093-C (10/28/93) Reg. I § 11.05]

10.12.550 Ambient air quality standards – Carbon monoxide.

The carbon monoxide concentration measured in the ambient air shall not exceed:

(a) Ten milligrams per cubic meter of air (10 μg/m3), or nine parts per million (nine ppm) maximum eight-hour concentration more than once per year.

(b) Forty milligrams per cubic meter of air (40 μg/m3), or 35 parts per million (35 ppm) maximum one-hour concentration more than once per year. [Res. 281093-C (10/28/93) Reg. I § 11.06]

10.12.560 Ambient air quality standards – Ozone.

The level of the ambient air quality standard for ozone is 235 micrograms per cubic meter of air (235 μg/m3), or twelve one-hundredths parts per million (0.12 ppm). The standard is attained when the average number of days per calendar year with maximum hourly average concentrations above 0.12 ppm (235 μg/m3) is equal to or less than one, as determined by Appendix H, Chapter 40 Code of Federal Regulations, Part 50. [Res. 281093-C (10/28/93) Reg. I § 11.07]

10.12.570 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 μg/m3), or five one-hundredths parts per million (0.05 ppm) annual arithmetic mean. [Res. 281093-C (10/28/93) Reg. I § 11.08]

10.12.580 Ambient air quality standards – Sulfur dioxide.

The sulfur dioxide concentration measured in the ambient air shall not exceed the concentrations and frequencies set forth in PTC 10.12.400(a). [Res. 281093-C (10/28/93) Reg. I § 11.09]

Article 9. Standards of Performance for Continuous Emission Monitoring Systems

10.12.590 Introduction.

PTC 10.12.600 requires the continuous monitoring and periodic source testing of particulate matter emitted from certain sources which could have a substantial impact on the maintenance of ambient air quality standards for particulate matter. It also requires continuous emission or operation monitors for certain new sources. Nothing in PTC 10.12.600 shall be construed to limit the Control Officer’s authority to require continuous monitoring or source testing pursuant to Articles 2 or 5 of this Regulation.

PTC 10.12.610 and 10.12.620 establish the design specifications, performance specifications, performance test procedures, quality assurance requirements, and data storage and reporting requirements for all continuous emission monitoring (CEM) systems.

A CEM system will be considered inoperative until it has been certified as meeting the EPA or Department performance specifications using instrumental performance test procedures of 40 C.F.R. Part 60, Appendix B, or those approved by the Department. The Department must be advised in writing at least two weeks prior to performance specification testing and provided the opportunity to observe and participate in all testing. The Department reserves the right to require an approved test plan prior to any performance specification testing and to audit a CEM system at any time to determine if it meets the performance specifications. [Res. 281093-C (10/28/93) Reg. I § 12.01]

10.12.600 Continuous emission monitoring requirements.

(a) It shall be unlawful for any person to cause or allow the operation of the following equipment without the continuous monitoring of emissions for opacity in accordance with the requirements of PTC 10.12.610 and 10.12.620:

(1) Cement kilns;

(2) Clinker coolers;

(3) Glass furnaces rated at greater than one ton of glass per hour burning fuel;

(4) Fuel burning equipment (excluding equipment burning distillate oil or gaseous fuel) rated at 100 million Btu per hour or greater;

(5) Refuse burning equipment rated at greater than 12 tons per day.

(b) It shall be unlawful for any source above to operate using a wet control apparatus unless:

(1) The suspended and dissolved solids are checked using procedures approved by the Department and the following continuous operation monitoring devices are installed, calibrated, maintained, and operated and the results recorded:

(A) A monitoring device for the continuous measurement of the pressure loss of the gas stream through the scrubber.

(B) A monitoring device for continuous measurement of the scrubbing liquid supply rate to the control device.

(2) All sources subject to the requirements of this section are tested for particulate matter at least once per year using procedures adopted by the Department. The operation standards shall be set by the Control Officer based on the operating conditions of the wet control device during the source test.

(c) It shall be unlawful for any person to cause or allow the operation of any equipment which is required to use CEM through an order of approval without the continuous monitoring of the emissions or operations in accordance with the requirements of PTC 10.12.610 and 10.12.620. [Res. 281093-C (10/28/93) Reg. I § 12.02]

10.12.610 Quality assurance requirements.

(a) All continuous monitors shall meet the performance specifications contained in 40 C.F.R. Part 60, Appendix B. Where there is no U.S. EPA performance specification, the monitor shall meet a performance specification established by the Department.

(b) All temperature monitors shall be accurate within 5ºF.

(d) All devices for monitoring scrubber liquid supply rate shall be accurate within five percent of the design scrubbing liquid supply rate.

(e) All gaseous continuous emission monitors shall be maintained in accordance with the requirements of 40 C.F.R. Part 60, Appendix F, or alternate requirements approved by the Department.

(f) All continuous opacity monitors shall be maintained in accordance with the EPA “Recommended Quality Assurance Procedures for Opacity Continuous Emission Monitoring Systems” (EPA 340/1-86-010).

(g) All temperature, scrubber pressure drop and scrubber liquid supply rate monitors shall be maintained in accordance with the manufacturer’s recommendations.

(h) Continuous monitoring data shall be considered invalid if any of the following conditions occur:

(1) The monitor is not operated in accordance with the requirements of subsections (a) through (g) of this section.

(2) The monitor is being zeroed, spanned, or is otherwise inoperative.

(3) An hour contains less than 75 percent valid data readings.

(4) A day contains less than 90 percent valid hours when the source is in operation. [Res. 281093-C (10/28/93) Reg. I § 12.03]

10.12.620 Record keeping and reporting requirements.

(a) Valid monitoring results for opacity shall be reduced to one-minute averages on a clock basis.

(b) Valid monitoring results for scrubber operation shall be reduced to one-hour averages on a clock basis in units consistent with the applicable operation standard.

(c) Valid monitoring results for gaseous pollutants shall be reduced to one-hour averages on a clock basis, or other time periods approved by the Department, in units consistent with the applicable emissions standard.

(d) Valid monitoring results for temperature shall be reduced to 15-minute averages on a clock basis.

(e) A chronological file shall be maintained for each monitoring system which includes:

(1) All measurements from the monitoring system.

(2) All valid averages as calculated in subsections (a), (b), (c) and (d) of this section.

(3) The cause, time period, and magnitude of all emissions or operations which violate the applicable standards.

(4) The cause and time periods for any invalid data averages.

(5) Data and results of all performance tests and recalibrations.

(6) A record of any repairs, adjustments, or maintenance to the monitoring system.

(7) Any data necessary for conversion of the monitoring system data to units consistent with the applicable emission or operation standards.

All data shall be retained for a period of two years after the record was made and made available for Department review upon request.

(f) The following information shall be reported to the Control Officer on a monthly basis within 30 days after the end of the month:

(1) The cause, time periods, and magnitudes for all emissions or operations which violate the applicable standards and any corrective action taken.

(2) The cause and time periods of any bypass of the air pollution control equipment.

(3) The cause and time periods for any invalid hours.

(4) The results from all performance tests and recalibrations conducted during the month.

(5) The amount of fuel or refuse burned or the process weight charged to the equipment per day.

(6) The total monthly emissions of all monitored gaseous pollutants.

(7) Any other additional information requested by the Department.

The report shall be submitted in a format approved by the Control Officer and shall be signed by the person exercising managerial responsibility over the operation of the equipment for which monitoring is required. [Res. 281093-C (10/28/93) Reg. I § 12.04]

Article 10. Solid Fuel Burning Device Standards

10.12.630 Policy and purpose.

The Puyallup Tribe declares it to be the public policy of the Puyallup Tribe to control and reduce air pollution caused by woodstove emissions. It is the Puyallup Tribe’s policy to reduce woodstove emissions by encouraging the continued efforts to educate the public about the effects of woodstove emissions, other heating alternatives, and the desirability of achieving better emission performance and heating efficiency from woodstoves pursuant to the emissions performance standards as adopted by the Puyallup Tribe. It is the policy of the Puyallup Tribe to encourage the replacement of uncertified woodstoves with cleaner sources of heat. [Res. 281093-C (10/28/93) Reg. I § 13.01]

10.12.640 Opacity standards.

(a) It shall be unlawful for any person to cause or allow the emission of any air contaminant from any solid fuel burning device for a period or periods aggregating more than three minutes in any one hour, which is:

(1) Darker in shade than that designated as No. 1 (20 percent 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 (a)(1) of this section.

(b) 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. [Res. 281093-C (10/28/93) Reg. I § 13.03]

10.12.650 Prohibited fuel types.

A person shall not cause or allow any of the following materials to be burned in a solid fuel burning device:

(a) Garbage;

(b) Treated wood;

(d) Rubber products;

(e) Animals;

(f) Asphaltic products;

(g) Waste petroleum products;

(h) Paints; or

(i) Any substance, other than properly seasoned fuel wood, or coal with sulfur content less than one percent by weight burned in a coal stove, which normally emits dense smoke or obnoxious odors. [Res. 281093-C (10/28/93) Reg. I § 13.04]

10.12.660 Curtailment.

Any person in a residence or commercial establishment that has an adequate source of heat without using a solid fuel burning device shall:

(a) Not use any solid fuel device except those which are either Oregon Department of Environmental Quality Phase II or United States Environmental Protection Agency certified or certified by the Department or a pellet stove either certified or issued an exemption by the United States Environmental Protection Agency in accordance with 40 C.F.R. Part 60 in the geographical area and for the period of time that a first stage of impaired air quality has been declared for that area.

(b) Not use any solid fuel burning device in a geographical area and for the period of time that a second stage of impaired air quality has been declared for that area.

(c) Compliance with the above solid fuel burning device curtailment rules may be enforced after a time period of three hours has elapsed from the time of declaration of impaired air quality. Smoke, visible from a chimney, flue, or exhaust duct, shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This presumption may be refuted by demonstration that the smoke was not caused by an applicable solid fuel burning device. [Res. 281093-C (10/28/93) Reg. I § 13.05]

Subchapter 2. Regulation II

Article 11. Purpose, Policy, Short Title, and Definitions

10.12.670 Purpose.

The Puyallup Tribal Council recognizes the need for a special regulation to reduce ozone concentrations as required by the federal Clean Air Act. Accordingly, the Puyallup Tribal Council has adopted Regulation II to provide for the uniform administration, enforcement and control of photochemically reactive volatile organic compounds (VOC), which are precursors to ozone, to meet the National Ambient Air Quality Standard for ozone. [Res. 281093-C (10/28/93) Reg. II § 1.01]

10.12.680 Policy.

The Puyallup Tribal Council hereby reaffirms its public policy as defined in PTC 10.12.010 and further asserts its intent to secure and maintain control of emissions of volatile organic compounds to the extent needed to attain and maintain the National Ambient Air Quality Standard for ozone, and minimize the emission of stratospheric ozone depletion toxic or tannic compounds, thus protecting the health and welfare of persons residing and doing business within the exterior boundaries of the Puyallup Reservation.

It is therefore the policy of the Puyallup Tribal Council that water-based, high solids, or powder coatings and water-based cleaning materials are preferred to be used to comply with this Regulation. The substitution of negligibly reactive VOCs for photochemically reactive VOCs shall not be an accepted method of compliance.

The Puyallup Environmental Protection Department shall have authority and responsibility to enforce this Regulation. [Res. 281093-C (10/28/93) Reg. II § 1.02]

10.12.690 Short title.

This Regulation may be known and cited as “Regulation II of the Puyallup Tribal Air Quality Program” or “Regulation II.” [Res. 281093-C (10/28/93) Reg. II § 1.03]

10.12.700 General definitions.

All definitions in PTC 10.12.040, General definitions, are fully applicable to Regulation II. [Res. 281093-C (10/28/93) Reg. II § 1.04]

10.12.710 Special definitions.

When used in Regulation II, the following definitions apply:

(a) “Adhesive bonding primer” means a coating applied in a very thin film to aerospace metal adhesive bond detail components for corrosion protection and adhesion.

(b) “Aerospace component” means the fabricated part, assembly of parts, or completed unit of any aircraft, helicopter, missile or space vehicle.

(d) “Bottom loading” means the filling of a tank through a submerged fill line.

(e) “Bulk gasoline plant” means a gasoline storage and transfer facility that receives more than 90 percent of its annual gasoline throughput by transport tank, and reloads gasoline into transport tanks.

(f) “Camouflage coating” means a coating applied on motor vehicles to conceal such vehicles from detection.

(g) “CARB” means the California Air Resources Board.

(h) “Color match” means the ability of a repair coating to blend into an existing coating so that color difference is not visible.

(i) “Commercial aerospace primer” means BMS 10-11, Type I.

(j) “Commercial aerospace topcoat” means BMS 10-11, Type II.

(k) “Cutback asphalt” means an asphalt that has been blended with more than seven percent petroleum distillates by weight.

(l) “Extreme performance coating” means any coating used on the surface of a Group II vehicle, mobile equipment or their parts or components that during intended use is exposed to industrial grade detergents, cleaners or abrasive scouring agents or extreme environmental conditions as determined by the Control Officer.

(m) “Flexographic printing” means the application of words, designs and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.

(n) “Flight test coating” means a coating applied to test aircraft to protect from corrosion and to provide required marking during flight test evaluation.

(o) “Fuel tank coating” means a coating applied to a fuel tank of an aircraft to protect it from corrosion.

(p) “Gasoline” means a volatile organic compound having a true vapor pressure greater than 10.5 kilopascals (kPa) (1.5 pounds per square inch absolute – psia) at 20ºC temperature, that is a liquid at standard conditions of 102.9 kPa (14.7 psi) and 20ºC, and is used as a fuel for internal combustion engines.

(q) “Gasoline loading terminal” means a gasoline transfer facility that receives more than 10 percent of its annual gasoline throughput solely or in combination by pipeline, ship or barge, and loads gasoline into transport tanks.

(r) “Gasoline station” means any site dispensing gasoline into fuel tanks of motor vehicles, marine installations, or aircraft from stationary storage tanks.

(s) “Gelcoat” means a polyester resin surface coating that provides a cosmetic enhancement and improves resistance to degradation from exposure to the environment;

(t) “Group I vehicles” means passenger cars, large/heavy-duty truck cabs and chassis (greater than or equal to 10,000 pounds gross vehicle weight), light- and medium-duty trucks and vans (less than 10,000 pounds gross vehicle weight), and motorcycles.

(u) “Group II vehicles and equipment” means public transit buses and mobile equipment.

(v) “Maskant for chemical etching” means a coating applied directly to an aerospace component to protect those areas when etching other parts of the component.

(w) “Metallic/iridescent topcoat” means any coating that contains more than five grams per liter (0.042 pounds/gallon) of metal or iridescent particles, as applied, where such particles are visible in the dried film.

(x) “Military aerospace primer” means the current version of MIL-P-85582.

(y) “Military aerospace topcoat” means the current version of MIL-C-85285.

(z) “Minimize” means to reduce volatile organic compound evaporation to the atmosphere to the least possible quantity.

(aa) “Mobile equipment” means any equipment that may be drawn or is capable of being driven on a roadway, including, but not limited to, truck bodies, truck trailers, utility bodies, camper shells, mobile cranes, bulldozers, street cleaners, golf carts and implements of husbandry.

(bb) “Multi-coat system” means a coating system where more than one product/coat is being used to finish a component. The VOC for a multi-coat system shall be calculated as follows:


VOC Tm =	VOCx1 + VOCx2 . . . VOCxn
	n

where:

VOC Tm is the sum of the VOC content as applied in a multi-coat (m) system.

VOCx is the VOC content as applied of any given product/coat.

n is the total number of product/coats applied to the component.

(cc) “Packaging rotogravure printing” means rotogravure printing upon paper, paper board, metal foil, plastic film, and other substrates, that are, in subsequent operations, formed into packaging products and labels for articles to be sold.

(dd) “Petroleum refinery” means a facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products by distilling crude oils or redistilling, cracking, extracting or reforming unfinished petroleum derivatives.

(ee) “Petroleum solvent” means organic material produced by petroleum distillation comprising a hydrocarbon range of eight to 12 carbon atoms that exists as a liquid under standard conditions, frequently called “Stoddard” solvent.

(ff) “Polyester resin” means a group of synthetic resins containing ethylenic unsaturation and capable of undergoing free radical polymerization with styrene monomer.

(gg) “Precoat” means any coating that is applied to bare metal primarily to deactivate the metal surface for corrosion resistance to a subsequent water-based primer.

(hh) “Pretreatment wash primer” means any coating that contains a minimum of one-half percent acid by weight, is necessary to provide surface etching and is applied directly to bare metal surfaces to provide corrosion resistance and adhesion.

(ii) “Primer” means a coating applied directly to a component for purposes of corrosion protection, protection from the environment, functional fluid resistance and adhesion of subsequent coatings.

(jj) “Primer sealer” means any coating applied prior to the application of a topcoat for the purpose of corrosion resistance, adhesion of the topcoat, color uniformity, and to promote the ability of an undercoat to resist penetration by the topcoat.

(kk) “Primer surfacer” means any coating applied prior to the application of topcoat for the purpose of corrosion resistance, adhesion of the topcoat, and that promotes a uniform surface by filling in surface imperfections.

(ll) “Process unit” means all the equipment essential to a particular production process.

(mm) “Publication rotogravure printing” means rotogravure printing upon paper that is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements and other types of printed materials.

(nn) “Roll printing” means the application of ink to a substrate by means of a series of hard rubber or steel rolls each with only partial coverage.

(oo) “Rotogravure printing” means the application of ink to a substrate by means of a roll printing technique that involves an intaglio or recessed image areas in the form of cells.

(pp) “Solvent recovery dryer” means a dry cleaning dryer that employs a condenser to liquefy and recover solvent vapors evaporated in a closed-loop, recirculating stream of heated air.

(qq) “Space vehicle coating” means a coating applied to vehicles used beyond Earth’s atmosphere.

(rr) “Specialty coatings” are coatings that are necessary due to unusual job performance requirements. Said coatings include, but are not limited to, adhesion promoters, uniform finish blenders, elastomeric materials, gloss flatteners, bright metal trim repair, and antiglare/safety coatings.

(ss) “Submerged fill line” means a pipe, tube, fitting or other hardware for loading liquid into a tank with either a discharge opening flush with the tank bottom; or with a discharge opening entirely below the lowest normal operating draw-off level or that level determined by a liquid depth two and one-half times the fill line diameter when measured in the main portion of the tank, but not in sumps or similar protrusions.

(tt) “Temporary protective coating” means a coating applied to an aerospace component to protect it from mechanical and environmental damage during manufacturing.

(uu) “Topcoat” means a coating applied over a primer or directly to a component primarily for purposes of appearance or identification.

(vv) “Touchup” means the portion of the operation that is necessary to cover minor imperfections.

(ww) “Transport tank” means a container with a capacity greater than 1,000 liters (264 gallons) used for transporting gasoline, including, but not limited to, tank truck, tank trailer, railroad car, and metallic or nonmetallic tank or cell conveyed on a flatbed truck, trailer, or railroad car.

(xx) “True vapor pressure” means the equilibrium partial pressure of an organic liquid (determined with methods described in American Petroleum Institute Bulletin 2517, “Evaporation Loss from Floating Roof Tanks,” 1962).

(yy) “Turnaround” or “process unit turnarounds” means the shutting down and starting up of process units for periodic maintenance and repair of equipment, or other planned purpose.

(zz) “Vapor recovery system” means a process that prevents emission to the atmosphere of volatile organic compounds released by the operation of any transfer, storage, or process equipment.

(aaa) “Volatile organic compound” or “VOC” means any organic compound that participates in atmospheric photochemical reactions. This excludes all compounds determined to have negligible photochemical reactivity by the U.S. EPA and listed in 40 C.F.R. 51.165. [Res. 281093-C (10/28/93) Reg. II § 1.05]

Article 12. Gasoline Marketing Emission Standards

10.12.720 Petroleum refineries.

(a) This section shall apply to all petroleum refineries.

(b) It shall be unlawful for any person to cause or allow the operation of a system unless all noncondensable VOC is in an appropriate firebox, flare, or incinerator for combustion or collected, compressed and added to the fuel gas system or contained and treated so as to prevent their emission to the atmosphere.

(c) It shall be unlawful for any person to cause or allow the operation of a wastewater separator unless such separator meets the following requirements:

(1) Wastewater separator forebays shall incorporate a fixed solid cover with all openings sealed, totally enclosing the compartmented liquid contents.

(2) All other compartments of the separator shall be equipped with a floating pontoon or fixed solid cover equipped with closure seals that have no tears or leaks, installed and maintained so that gaps between the compartment wall and the seal shall not exceed 0.32 centimeters (one-eighth inch) for an accumulative length of 97 percent of the perimeter of the compartment. No gap between the compartment wall and the seal shall exceed 1.3 centimeters (one-half inch).

(3) Accesses for gauging and sampling shall be designed to minimize VOC emissions during actual use. All access points shall be closed with suitable covers when not in use. There shall be no visible gaps between the forebay cover and the compartment when the cover is closed.

(d) It shall be unlawful for any person to cause or allow a process unit turnaround unless:

(1) The VOC contained in a process unit to be depressurized for turnaround is combusted by a flare or vented to an equally effective disposal system; and

(2) The pressure in a process unit following depressurization for turnaround is less than five pounds per square inch gauge (psig) before venting to the ambient air; and

(3) The owner or operator keeps a record of each process unit turnaround listing the date the unit was shut down and the pressure in the vessel when it was vented to the ambient air.

(e) It shall be unlawful for any person to cause or allow operation of a component handling volatile organic compounds with a true vapor pressure greater than 10.5 kilopascals (1.5 psia) at 20ºC unless such person:

(1) Develops and conducts a monitoring program as follows:

(A) Monitor all pump seals, pipeline valves in liquid service and process drains yearly;

(B) Monitor all compressor seals, pipeline valves in gaseous service and pressure relief valves in gaseous service quarterly;

(D) Monitor any dripping pump seal immediately;

(E) Monitor any relief valve within 24 hours after it has vented to the atmosphere; and

(F) Monitor immediately after repair any component that was found leaking.

(2) Maintains a leaking component monitoring log that shall contain, at a minimum, the following:

(A) The name of the process unit where the component is located;

(B) The type of component;

(D) The date on which a leaking component is discovered;

(E) The date on which a leaking component is repaired;

(F) The date and instrument reading of the recheck procedure after a leaking component is repaired;

(G) A record of the calibration of the monitoring instrument;

(H) A record of those leaks that cannot be repaired until turnaround;

(I) The total number of components checked and the total number of components found leaking.

Copies of the monitoring log shall be retained for a minimum of two years after the date on which the record was made or the report prepared.

(3) Records all leaking components that have a VOC concentration greater than 10,000 ppm and places a weatherproof tag bearing an identification number and the date the leak was located on each leaking component.

(4) Corrects and retests the leaking component, as soon as practicable, but not later than 15 days after the leak is recorded. If a leak continues after all reasonable corrective actions have been taken, then the component shall be repaired or replaced on the next scheduled turnaround.

(5) Identifies all leaking components that cannot be corrected until the refinery unit is shut down for turnaround.

(f) It shall be unlawful to install or operate a valve at the end of a pipe or line containing VOC unless the pipe or line is sealed with a second suitable closure. Exceptions to this requirement are the ends of a pipe or line connected to pressure relief valves, aspirator vents or other devices specifically required to be open for safety protection. The sealing device shall be removed only when a sample is being taken or during maintenance operations.

(g) Pressure relief devices that are connected to an operating flare header, vapor recovery device, inaccessible valves, storage tank valves and valves that are not externally regulated are exempt from the monitoring requirements of this section. [Res. 281093-C (10/28/93) Reg. II § 2.03]

10.12.730 Volatile organic compound storage tanks.

(a) This section shall apply to all stationary storage tanks that store volatile organic compounds with a true vapor pressure of 10.5 kilopascals (kPa) [1.5 pounds per square inch (psia)] or greater at actual monthly average storage temperatures and have a capacity of 151,400 liters (40,000 gallons) or greater. Tanks used for the storage of gasoline in bulk gasoline plants equipped with vapor balance systems as required in PTC 10.12.750(b) shall be exempt from the requirements of this section.

(b) It shall be unlawful for any person to cause or allow the storage of volatile organic compounds as specified in subsection (a) of this section unless such stationary storage tank or container is a pressure tank maintaining working pressures sufficient at all times to prevent organic vapor loss to the atmosphere, or is designed and equipped with one of the following vapor loss control devices:

(1) An external floating roof, consisting of a pontoon-type or double deck-type cover that rests on the surface of the liquid contents at all times and is equipped with a closure device between the tank shell and the roof edge. The closure device shall consist of two seals, a primary seal and a rim mounted secondary seal above the primary; or

(2) A fixed roof with an internal floating-type cover that rests on the surface of the liquid contents at all times and is equipped with a closure device. The closure device shall prevent the emission of organic vapors such that the concentration of such vapors in the vapor space above the internal floating roof does not exceed 50 percent of the lower explosive limit (LEL) measured as propane; or

(3) A fixed roof tank with a vapor recovery system that meets the requirements of PTC 10.12.740.

(c) All primary seals or closure devices used with equipment subject to this section shall meet the following requirements:

(1) The primary seal shall contain no visible holes, tears or other openings.

(2) No gap between the tank shell and the primary seal shall exceed 3.8 centimeters (one and one-half inches). No continuous gap greater than 0.32 centimeters (one-eighth inch) shall exceed 10 percent of the circumference of the tank. The cumulative length of all primary seal gaps exceeding 1.3 centimeters (one-half inch) shall not be more than 10 percent of the circumference, and the cumulative length of all primary seal gaps exceeding 0.32 centimeters (one-eighth inch) shall not be more than 40 percent of the circumference.

(d) All secondary seals or closure devices shall meet the following requirements:

(1) There shall be no visible holes, tears, or other openings in the secondary seal or seal fabric;

(2) The secondary seal shall be intact and uniformly in place around the circumference of the floating roof between the roof and the tank wall; and

(3) No gap between the tank shell and the secondary seal shall exceed 1.3 centimeters (one-half inch). The cumulative length of all gaps exceeding 0.32 centimeters (one-eighth inch) in width between the secondary seal and the tank wall shall not exceed five percent of the circumference of the tank.

(e) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, shall be:

(1) Equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and

(2) Equipped with projections into the tank that remain below the liquid surface at all times.

(f) Automatic bleeder vents shall be closed at all times except when the roof is floated off or landed on the roof leg supports.

(g) Rim vents shall be set to open when the roof is being floated off the leg supports or at the manufacturer’s recommended setting.

(h) Emergency roof drains shall be provided with slotted membrane fabric covers or equivalent that cover at least 90 percent of the area of the opening.

(i) Routine inspections shall be performed by the owner or operator as follows:

(1) For external floating roof tanks, conduct a semiannual visual inspection of all seals and closure devices and measure the primary and secondary seal gap annually;

(2) For internal floating roof tanks, visually inspect all seals and measure the concentration of VOC in the vapor space above the internal floating roof semiannually; and

(3) Maintain records of the results of any inspections performed for a period of two years after the date on which the record was made. [Res. 281093-C (10/28/93) Reg. II § 2.04]

10.12.740 Gasoline loading terminals.

(a) This section shall apply to all gasoline loading terminals with an annual gasoline throughput greater than 7,200,000 gallons.

(b) It shall be unlawful for any person to cause or allow the loading of gasoline into any transport tank unless all the following conditions are met:

(1) The loading terminal shall employ bottom loading and be equipped with a vapor recovery system;

(2) All loading lines and vapor lines shall be equipped with vapor-tight fittings that close automatically upon disconnect;

(3) All vapor return lines shall be connected between the transport tank and the vapor recovery system such that all displaced volatile organic compounds are vented to the vapor recovery system;

(4) The back-pressure in the vapor lines shall not exceed 4.5 kilopascals (18 inches) of water pressure.

(c) The vapor recovery system required by subsection (b) of this section shall prevent the emission of at least 90 percent by weight of the volatile organic compounds and shall limit the emission of volatile organic compounds to no more than 80 milligrams per liter (mg/1) of gasoline transferred.

After December 31, 1993, the vapor recovery system shall limit the emission of VOC to no more than 35 mg/1 of gasoline transferred and two percent VOC by volume, measured as propane. If the existing system cannot meet these emission limits, the owner shall submit a notice of construction for a new or modified system.

(d) The vapor recovery system required by subsection (b) of this section shall be equipped with a continuous emission monitoring system meeting the requirements of Article 9 of Regulation I. [Res. 281093-C (10/28/93) Reg. II § 2.05]

10.12.750 Bulk gasoline plants.

(a) This section shall apply to all bulk gasoline plants with an annual average daily gasoline throughput greater than 15,140 liters (4,000 gallons).

(b) It shall be unlawful for any person to cause or allow the transfer of gasoline from any transport tank into any stationary storage tank with a capacity greater than 3,785 liters (1,000 gallons) unless the following conditions are met:

(1) Such stationary storage tank is equipped with a permanent submerged fill pipe and “CARB-certified” vapor recovery system; and

(2) Such transport tank is equipped to balance vapors and is maintained in a leak-tight condition in accordance with PTC 10.12.770; and

(3) All vapor return lines are connected between the transport tank and the stationary storage tank, and the vapor recovery system is operating.

(c) It shall be unlawful for any person to cause or allow transfer of gasoline between a stationary storage tank and a transport tank except under the following conditions:

(1) All transport tanks shall be bottom loaded;

(2) The loading of all transport tanks, performed such that 90 percent by volume of the gasoline vapors displaced during filling are prevented from being released into the ambient air;

(3) Such transport tanks shall be equipped to balance vapors; and

(4) All vapor return lines are connected between the transport tank and the stationary storage tank, and the vapor recovery system is operating. [Res. 281093-C (10/28/93) Reg. II § 2.06]

10.12.760 Gasoline stations.

(a) Subsection (b) of this section shall apply to:

(1) All gasoline stations (including any gasoline dispensing facility) in existence on January 1, 1979, with a total annual gasoline output greater than 200,000 gallons and total gasoline storage capacity greater than 10,000 gallons; and

(2) All stationary gasoline storage tanks, greater than 1,000 gallons, installed or reconstructed after January 1, 1979.

(b) It shall be unlawful for any person to cause or allow the transfer of gasoline from any transport tank into any stationary storage tank unless the following conditions are met:

(1) Such stationary storage tank shall be equipped with a permanent submerged fill pipe and “CARB-certified” Stage 1 vapor recovery system that is maintained and operated according to the manufacturer’s specifications;

(2) Such transport tank shall be equipped to balance vapors; and

(3) All vapor return lines shall be connected between the transport tank and the stationary storage tank, and the vapor recovery system shall be operating. All vapor return couplings shall have vapor-tight gasket seals and all vapor return clam locks shall be in good working order and be locked.

(1) All gasoline stations (including any gasoline dispensing facility) in existence on August 2, 1991, located in ozone nonattainment areas with a total annual gasoline output greater than 600,000 gallons and a total gasoline storage capacity greater than 10,000 gallons; and

(2) All gasoline stations (including any gasoline dispensing facility) in existence on August 2, 1991, located in ozone attainment areas with a total annual gasoline output greater than 840,000 gallons and a total gasoline storage capacity greater than 10,000 gallons; and

(3) All stationary gasoline storage tanks, greater than 1,000 gallons capacity, installed or reconstructed after August 2, 1991.

(d) It shall be unlawful for the owner or operator of a gasoline station to cause or allow the transfer of gasoline from any stationary storage tank into any motor vehicle (except motorcycles) fuel tank unless all of the following requirements are met:

(1) Each gasoline dispenser shall be equipped with a “CARB-certified” Stage 2 vapor recovery system, approved under Article 5 of Regulation I, and installed in accordance with the schedule in subsection (e) of this section;

(2) All vapor return lines shall be connected between the stationary storage tank and the motor vehicle fuel tank;

(3) All Stage 2 vapor recovery equipment shall be installed in accordance with the system’s certification requirements and shall be maintained to be leak free, vapor-tight and in good working order;

(4) Whenever a Stage 2 vapor recovery system component is determined to be defective, the owner or operator shall take the system out of service until it has been repaired, replaced, or adjusted, as necessary. The operator shall inspect each nozzle bellows daily;

(5) The owner or operator of each gasoline station utilizing a Stage 2 vapor recovery system shall conspicuously post operating instructions for the system in gasoline dispensing area. The instructions shall clearly describe how to fuel vehicles correctly using the vapor recovery nozzles and include a warning against topping off. Additionally, the instructions shall include a prominent display of the Department telephone number for complaints regarding the operation and condition of the vapor recovery nozzles.

(e) The owner or operator of a gasoline station shall install a Stage 2 vapor recovery system in accordance with the following schedule:

Table 10.12.760(e)
	Type of Gasoline Dispensing Facility or Gas Station	Notice of Construction Application by	Stage 2 System Installed by
(1)	All new or upgraded facility with storage tank greater than 1,000 gallons	30 days before installation	5/1/92 or before startup
(2)	Existing facility with a throughput of 1,200,000 gallons or more/year and owner has 10 or more stations in Washington State	7/1/92	5/1/93 for 50% of stations
(3)	Existing facility with a throughput of 1,200,000 gallons or more per year	7/1/92	5/1/94
(4)	Existing facility in ozone nonattainment areas with a throughput of 600,000 gallons or more per year	12/31/96	12/31/98
(5)	Existing facility in ozone attainment areas with a throughput of 840,000 gallons or more per year	12/31/96	12/31/98

[Res. 281093-C (10/28/93) Reg. II § 2.07]

10.12.770 Leaks from gasoline transport tanks and vapor recovery systems.

(a) This section shall apply to all gasoline transport tanks and all facilities subject to PTC 10.12.740, 10.12.750 and 10.12.760.

(b) It shall be unlawful for any person to cause or allow the transfer of gasoline between a facility subject to the requirements of this section and a gasoline transport tank unless a current leak test certification for the transport tank is on file with the facility or a valid inspection sticker is displayed on the vehicle.

(c) It shall be unlawful for any person to cause or allow the use of any transport tank for the transfer of gasoline at a facility subject to the requirements of this section, unless the tank:

(1) Is leak tested annually;

(2) Displays a sticker and carries a certificate that:

(A) Shows the date the tank last passed the leak test; and

(B) Shows the identification number of the tank; and

(3) Is loaded and unloaded in such a manner that the concentration of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distance of 2.5 centimeters (one inch) or greater from any potential leak source. Any transport tank that fails to meet the requirements of this subsection shall be repaired and retested in accordance with the provisions of subsection (e) of this section within 10 days. The Control Officer shall be notified in writing within five days after the completion of the required leak test.

(d) It shall be unlawful for any person to cause or allow the operation of any facility subject to this section unless the vapor recovery system and the gasoline loading are operated during a loading and unloading of gasoline such that:

(1) The concentration of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distance of 2.5 centimeters (one inch) or greater from any potential leak source; and

(2) There are no liquid leaks in excess of three drops per minute and there are no more than 10 milliliters of liquid drainage per disconnect.

(e) During the test required by subsection (c) of this section, each transport tank shall sustain a pressure change of no more than 0.75 kilopascals of water in five minutes when pressurized to a gauge pressure of 4.5 kilopascals (18 inches) of water and evacuated to a gauge pressure of 1.5 kilopascals (six inches) of water during the test. [Res. 281093-C (10/28/93) Reg. II § 2.08]

Article 13. Miscellaneous Volatile Organic Compound Emission Standards

10.12.780 Cutback asphalt paving.

(a) It shall be unlawful for any person to cause or allow the use of cutback asphalt in paving during the months of June, July, August, and September, except as provided for in subsection (b) of this section.

(b) The following paving uses and applications of cutback asphalts are permitted during all months of the year:

(1) As a penetrating prime coat on aggregate bases prior to paving.

(2) The manufacture of patching mixes used exclusively for pavement maintenance and needed to be stockpiled for times longer than one month.

(3) All paving uses when the temperature during application is below 10ºC (50ºF). [Res. 281093-C (10/28/93) Reg. II § 3.01]

10.12.790 Can and paper coating operations.

It shall be unlawful for any person to cause or allow the application of any coating from the following process that has VOC content in excess of the limits specified below:


		VOC Content (excluding water but including negligibly reactive compounds)
	Process	Grams/Liter	(Lbs/Gal)
Can Coating
	Basecoat (exterior and interior) and overvarnish	340	(2.8)
	Interior body spray, exterior end, spray or roll coat	510	(4.2)
	End sealing compound	440	(3.7)
Paper Coating		350	(2.9)

[Res. 281093-C (10/28/93) Reg. II § 3.03]

10.12.800 Motor vehicle and mobile equipment coating operations.

(a) It shall be unlawful for any person to cause or allow the application of any coating with a VOC content in excess of the following limits to Group I vehicles and their parts and components, or Group II vehicles and mobile equipment where color match is required:


	VOC Content (excluding water but including negligibly reactive compounds)
Type of Coating	Grams/Liter	(Lbs/Gal)
Pretreatment Wash Primer	780	(6.5)
Precoat	780	(6.5)
Primer/Primer Surfacer	720	(6.0)
Primer Sealer	720	(6.0)
Topcoat	720	(6.0)
Metallic/Iridescent Topcoat	720	(6.0)

(b) It shall be unlawful for any person to cause or allow the application of any coating with a VOC content in excess of the following limits to Group II vehicles and mobile equipment where color match is not required:


	VOC Content (excluding water but including negligibly reactive compounds)
Type of Coating	Grams/Liter	(Lbs/Gal)
Pretreatment Wash Primer	780	(6.5)
Precoat	780	(6.5)
Primer	340	(2.8)
Topcoat	420	(3.5)
Metallic/Iridescent Topcoat	650	(5.4)
Extreme Performance	750	(6.2)
Camouflage	420	(3.5)

(c) It shall be unlawful for any person to cause or allow the use of any specialty coating with a VOC content in excess of 840 grams/liter (seven pounds/gallon), excluding water. Use of all specialty coatings except antiglare/safety coatings shall not exceed five percent of all coatings applied on a daily basis.

(d) The maximum calculated VOC content of each coating regulated by this section shall be displayed on the container, or be provided in a handout at the point of sale to the end user, or be provided by other sources and be available for inspection in order to evaluate compliance.

(e) It shall be unlawful for any person to cause or allow the application of any VOC-containing material, including any negligibly reactive compound, to any Group I or II vehicle or mobile equipment or their parts and components unless the coating is applied by the use of one of the following methods:

(1) High volume, low pressure (0.1 to 10 psig air pressure for atomization) application spray equipment;

(2) Electrostatic application spray equipment;

(3) Flow coat application;

(4) Dip coat application;

(5) Brush coat application;

(6) Hand-held aerosol cans;

(7) Roll coat application; or

(8) Other application methods that have received the prior written approval of the Control Officer.

(f) The provisions of subsection (e) of this section shall not apply to equipment used for the application of touch-up coatings, stencil coatings, or other similar applications that have received the prior written approval of the Control Officer.

(g) It shall be unlawful for any person to use any VOC-containing material, including any negligibly reactive compound, for the cleanup of equipment, including paint lines, unless equipment for collecting the VOC-containing material, including any negligibly reactive compound, and minimizing the evaporation to the atmosphere is employed. All VOC-containing materials, including any negligibly reactive compound, that are flushed through the spray equipment or lines during cleanup shall be collected in a closed container.

(h) It shall be unlawful for any person to use open containers for the storage or disposal of VOC-containing materials, including any negligibly reactive compound. Such containers and tanks shall be kept closed except when being cleaned or when materials are being added, mixed, or removed. Closed containers for solvent rag or paper disposal are required. Empty containers as defined in WAC 173-303-160(2) are exempt. [Res. 281093-C (10/28/93) Reg. II § 3.04]

10.12.810 Graphic arts systems.

(a) This section shall apply to all rotogravure and flexographic printing facilities that use more than 90 megagrams (100 tons) per year of volatile organic compounds.

(b) Machines that have both coating units (apply a uniform layer of material across the entire width of a web) and printing units (forming words, designs and pictures) shall be included under this section rather than PTC 10.12.790, Can and paper coating operations.

(1) The volatile fraction of ink, as it is applied to the substrate, contains 25 percent by volume or less of volatile organic compounds;

(2) The ink, as it is applied to the substrate, less water, contains 60 percent by volume or more nonvolatile material; or

(3) The owner or operator installs and operates:

(A) A capture system which shall collect at least:

(i) Seventy-five percent of the emissions from a publication rotogravure process; or

(ii) Sixty-five percent of the emissions from a packaging rotogravure process; or

(iii) Sixty percent of the emissions from a flexographic process; and

(B) A carbon adsorption system which reduces the volatile organic compound emissions from the capture system by at least 90 percent by weight; or

(C) An equivalent volatile organic compound emission reduction system approved by the Control Officer. [Res. 281093-C (10/28/93) Reg. II § 3.05]

10.12.820 Petroleum solvent dry cleaning systems.

(a) This section shall apply to all petroleum solvent systems with an annual solvent consumption greater than 15,000 gallons.

(b) It shall be unlawful for any person to cause or allow the operation of any petroleum solvent dry cleaning system subject to this Regulation unless:

(1) All cleaned articles are dried in a solvent recovery dryer or the entire dryer exhaust is vented through a properly functioning control device which will reduce emissions to no more than 3.5 kilograms of VOC per 100 kilograms dry weight of cleaned articles; and

(2) All cartridge filtration systems are drained in their sealed housing for no less than eight hours; and

(3) All vacuum still distillation wastes are stored in sealed containers; and

(4) All leaking components are repaired or replaced within three working days. [Res. 281093-C (10/28/93) Reg. II § 3.07]

10.12.830 Polyester, vinylester, gelcoat, and resin operations.

(a) This section shall apply to manufacturing operations involving the use of polyester, vinylester, gelcoat, or resin in which the styrene monomer is a reactive monomer for the resin.

(b) It shall be unlawful for any person to cause or allow the application of polyester resin, vinylester resin, gelcoat, or any other resin in a manufacturing facility unless the operation is conducted inside an enclosed area that is registered with the Department. The exhaust from the operation shall be vented to the atmosphere through a vertical stack or through the use of another technique that has received the prior written approval of the Control Officer. For spray-coating applications of polyester resin, vinylester resin, gelcoat, or any other resin, the enclosed area shall incorporate a dry filter to control the overspray.

(c) It shall be unlawful for any person to use a chopper gun or spray gun to apply polyester resin, vinylester resin, gelcoat, or any other resin, unless the coating is applied by the use of one of the following methods:

(1) High volume, low pressure (0.1 to 10 psig air pressure for atomization) application spray equipment;

(2) Electrostatic application spray equipment;

(3) Airless application spray equipment;

(4) Air-assisted airless application spray equipment;

(5) Other application methods that have received the prior written approval of the Control Officer.

(d) The provisions of subsection (c) of this section shall not apply to touchup and repair using a hand-held, air atomized spray gun that has a container for resin as part of the gun.

(e) It shall be unlawful for any person to use any VOC-containing material, including any negligibly reactive compound, for the cleanup of spray equipment including resin lines, unless equipment for collecting the VOC-containing material, including any negligibly reactive compound, and minimizing the evaporation to the atmosphere is employed. All VOC-containing materials, including any negligibly reactive compound, that are flushed through the spray equipment or lines during cleanup shall be collected in a closed container.

(f) It shall be unlawful for any person to use open containers for the storage or disposal of VOC-containing materials, including any negligibly reactive compound. Such containers and tanks shall be kept closed except when being cleaned or when materials are being added, mixed, or removed. Closed containers for solvent rag or paper disposal are required. Empty containers as defined in WAC 173-303-160 are exempt. [Res. 281093-C (10/28/93) Reg. II § 3.08]

10.12.840 Aerospace component coating operations.

(a) This section shall apply to any operation in which coatings are applied to aerospace components.

(b) It shall be unlawful for any person to cause or allow:

(1) The application of any primer or topcoat specified below to aerospace components that contains in excess of:

(A) Three hundred fifty grams of VOC per liter of military aerospace primer, less water, including any negligibly reactive compound, as applied.

(B) Four hundred twenty grams of VOC per liter of military aerospace topcoat, less water, including any negligibly reactive compound, as applied.

(C) Beginning January 1, 1994, 350 grams of VOC per liter of commercial aerospace primer, less water, including any negligibly reactive compound, as applied. Any conversion to water-based primer before July 1, 1992, may be banked as an emission credit pursuant to PTC 10.12.290.

(D) Beginning January 1, 1994, 420 grams of VOC per liter of commercial aerospace topcoat, less water, including any negligibly reactive compound, as applied. Any conversion to high solids topcoat before January 1, 1992, may be banked as an emission credit pursuant to PTC 10.12.290.

(E) Until December 31, 1993, 650 grams of VOC per liter of commercial aerospace primer, less water, including any negligibly reactive compound, as supplied.

(F) Until December 31, 1993, 600 grams of VOC per liter of commercial aerospace topcoat, less water, including any negligibly reactive compound, as supplied.

(2) The application of any temporary protective coating that contains more than 250 grams of VOC per liter of material, less water, including any negligibly reactive compound, as applied.

(1) The application of reasonably available low solvent coating technology;

(2) A vapor collection and disposal system; or

(3) An equivalent method of VOC reduction certified by the owner or operator and approved by the Control Officer.

(d) It shall be unlawful for any person to cause or allow the application of any primer, topcoat or temporary protective coating to any aerospace component unless the coating is applied by the use of one of the following methods:

(1) High volume, low pressure (0.1 to 10 psig air pressure for atomization) application spray equipment;

(2) Electrostatic application spray equipment;

(3) Flow coat application;

(4) Dip coat application;

(5) Brush coat application;

(6) Trowel coat application;

(7) Hand-held aerosol cans;

(8) Roll coat application;

(9) Electrodeposition application;

(10) Curtain coat application; or

(11) Other application methods that have received the prior written approval of the Control Officer.

(e) The provisions of subsections (b) and (d) of this section shall not apply to the following materials:

(1) Coatings for masking in chemical etching operations;

(2) Adhesive bonding primer;

(3) Flight test coatings;

(4) Space vehicle coatings;

(5) Fuel tank coatings; or

(6) Specialty coatings.

(f) The provisions of subsection (d) of this section shall not apply to equipment used for the application of touch-up coatings, stencil coatings, wire markings, inks, and sheet mold compounds, or other similar applications that have received the prior written approval of the Control Officer.

(h) It shall be unlawful for any person to use open containers for the storage or disposal of VOC-containing materials, including any negligibly reactive compound. Such containers shall be kept closed except when being cleaned or when materials are being added, mixed, or removed. Closed containers for solvent rag or paper disposal are required. Empty containers as defined in WAC 173-303-160(2) are exempt. [Res. 281093-C (10/28/93) Reg. II § 3.09]

10.12.850 Coating and ink manufacturing.

(a) The purpose of this section is to limit emissions of VOC from mixing vats at coating and ink manufacturing complexes. This section shall apply to any paint or ink manufacturing facility that mixes, blends, or compounds paints, varnishes, lacquers, enamels, shellacs, printing inks or sealers that contain volatile organic compounds.

(b) It shall be unlawful for any person to manufacture coatings or inks unless all mixing vats containing VOC, including any negligibly reactive compound, are kept covered, except to add ingredients or to take samples, with lids that satisfy all the following conditions:

(1) Lids shall extend at least one-half inch beyond the outer rim of the vat or be attached to the rim of the vat;

(2) Lids shall be maintained in good condition such that, when in place, they maintain contact with the rim for at least 90 percent of the circumference of the rim of the vat;

(3) Lids may have a slit to allow clearance for insertion of a mixer shaft. The slit shall be covered after insertion of the mixer, except to allow safe clearance for the mixer shaft.

(c) It shall be unlawful for any person to cause or allow the use of VOC-containing materials, including any negligibly reactive compound, for vat cleaning unless the cleaning is done in a manner that minimizes the emissions of VOCs. [Res. 281093-C (10/28/93) Reg. II § 3.11]

Article 14. General Provisions

10.12.860 Testing and monitoring.

(a) Owners or operators of stationary emission sources of VOC shall demonstrate compliance with these regulations, by the use of the current United States Environmental Protection Agency test methods unless other procedures have been adopted by the Department or by the use of procedures mutually agreed upon by the Control Officer and the source.

(b) The owner or operator of any source that employs control apparatus to meet the emission limits of Regulation II shall install, operate, and maintain the following monitoring instruments or procedures in accordance with the provisions of Article 9 of Regulation I:

(1) Combustion temperature of all thermal incinerators;

(2) Temperature rise across the bed of all catalytic incinerators; and

(3) Any additional continuous monitoring or recording devices required to document the compliance status of the VOC emission source and specified in writing by the Control Officer. [Res. 281093-C (10/28/93) Reg. II § 4.02]

10.12.870 Exceptions to VOC emission standards and requirements.

(a) Other emission reduction methods may be employed if the source operator demonstrates to the satisfaction of the Control Officer or Department that they are at least as effective as the required methods.

(b) The owner or operator of any source of VOC may petition, under procedures contained in Article 3, Regulation I, for a variance from any provision in Regulation II governing the quality, nature, duration or extent of VOC discharge. [Res. 281093-C (10/28/93) Reg. II § 4.04]

Subchapter 3. Regulation III

Article 15. General Requirements

10.12.880 Policy.

The Puyallup Tribal Council finds that the use, production, and emission of toxic air contaminants into the atmosphere of the Puyallup Indian Reservation poses a threat to the public health, safety, and welfare of persons residing and doing business within the Reservation and causes degradation of the environment. Therefore, the Puyallup Tribal Council declares the necessity of the adoption of this Regulation III pertaining to toxic air contaminants in order to control the emission of toxic air contaminants, to provide for uniform enforcement of air pollution control in its jurisdiction, and to carry out the mandates and purposes of the Puyallup Tribal Air Quality Program, the federal Clean Air Act, and the National Emission Standards for Hazardous Air Pollutants, 40 C.F.R. Part 61.

It is the policy of the Puyallup Tribal Council to continuously acquire and study available scientific information on toxic air contaminants, their sources, and their effect on the public health and welfare, and to develop and adopt strategies for effectively reducing or eliminating impacts from toxic air contaminants.

The Puyallup Environmental Program Department shall have responsibility to enforce this Regulation. [Res. 281093-C (10/28/93) Reg. III § 1.01]

10.12.890 Short title.

This Regulation may be known as “Regulation III of the Puyallup Tribal Air Quality Program” or “Regulation III.” [Res. 281093-C (10/28/93) Reg. III § 1.02]

10.12.900 Area sources of toxic air contaminants.

It is the policy of the Puyallup Tribal Council to seek and acquire information on the impact on the public health of area sources of toxics such as motor vehicles and solid fuel burning devices. The Department will assess current strategies for reducing toxic impacts from these sources and adopt further emission reduction strategies as necessary to protect and promote the public health, safety, and welfare, and the quality of the Reservation environment. [Res. 281093-C (10/28/93) Reg. III § 1.03]

10.12.910 Purpose and approach.

The purpose of this Regulation III is to reduce the ambient concentrations of toxic air contaminants in the Reservation environment and thereby prevent air pollution. The Puyallup Tribal Council adopts the following framework:

(a) The Department will continue to acquire and study scientific information on the effects of toxic air contaminants on the public health and control measures to mitigate such impacts.

(b) The ambient impact of emissions of toxic air contaminants from new and existing sources will be evaluated by comparing modeled or measured concentrations with the acceptable source impact levels (ASILs) adopted by the Department.

(c) The best available control technology (BACT) will be required for sources of toxic air contaminants to minimize the emissions and protect the health and welfare of all people within the Puyallup Reservation.

(d) Specific regulations will be adopted by the Puyallup Tribal Council for source categories which have been identified as a hazard to human health. [Res. 281093-C (10/28/93) Reg. III § 1.05]

10.12.920 General definitions.

All definitions in PTC 10.12.040, General definitions, are fully applicable to Regulation III. [Res. 281093-C (10/28/93) Reg. III § 1.07]

10.12.930 Special definitions.

(a) “Acceptable source impact level (ASIL)” means a concentration of a toxic air contaminant in the outdoor atmosphere in any area that does not have restricted or controlled public access that is used to evaluate the air quality impact of a single source. There are three types of acceptable source impact levels: risk-based, threshold-based, and special. Concentrations for these three types of ASILs are listed in Appendix A of this Regulation III. The Department may change these concentrations after public hearing.

(b)

(e) “Asbestos” means the asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentinite), crocidolite (riebeckite), or anthophyllite.

(f) “Asbestos-containing material” means any material containing at least one percent asbestos as determined by polarized light microscopy using the Interim Method of the Determination of Asbestos in Bulk Samples contained in Appendix A of Subpart F in 40 C.F.R. Part 763. This term does not include asbestos-containing roofing material, regardless of asbestos content, when the following conditions are met:

(1) The asbestos-containing roofing material is in good condition and is not peeling, cracking or crumbling; and

(2) The binder is petroleum-based, the asbestos fibers are suspended in that base, and individual fibers are still encapsulated; and

(3) The binder still exhibits enough plasticity to prevent the release of asbestos fibers in the process of removing it; and

(4) The building, vessel, or structure containing the asbestos-containing roofing material will not be demolished by burning or mechanical renovation/demolition methods that may release asbestos fibers.

(g) “Asbestos-containing waste material” means any waste that contains asbestos-containing material. This term includes asbestos waste from control equipment, materials used to enclose the work area during an asbestos project, asbestos-containing material(s) collected for disposal, or asbestos-contaminated waste, debris, containers, bags, protective clothing, or HEPA filters. This term does not include samples of asbestos-containing material taken for testing or enforcement actions.

(h) “Asbestos project” means the construction, demolition, repair, remodeling, maintenance, or renovation of any public or private building(s), vessel, structure(s), or component(s) involving the demolition, removal, encapsulation, salvage, disposal, or disturbance of any asbestos-containing material. This term includes the removal and disposal of asbestos-containing waste material from manufacturing operations that combine asbestos-containing material with any other material(s) to produce a product and the removal and disposal of stored asbestos-containing material or asbestos-containing waste material. It does not include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other non-asbestos materials to seal or fill exposed areas where asbestos fibers may be released.

(i) “Asbestos survey” means an inspection using the procedures contained in 40 C.F.R. 763.86, or an alternate method that has received prior written approval from the Control Officer, to determine whether materials or structures to be worked on, removed, or demolished contain asbestos. In residential dwellings, asbestos samples may be taken by the resident owner of the dwelling.

(j) “Certified asbestos worker/supervisor” means a person who is certified by the Department or trained in a program approved by or that is equal to a program approved by the United States Environmental Protection Agency.

(k) “Chromic acid anodizing” means an electrolytic process by which a metal surface is converted to an oxide surface coating in a solution containing chromic acid.

(l) “Chromic acid plating” means an electrolytic process by which chromium is deposited on a base metal surface.

(m) “Cold solvent cleaner” or “cold cleaner” means a degreasing tank in which a solvent with a true vapor pressure greater than 4.2 kilopascals (0.6 psia) is not heated at or above the boiling point.

(n) “Collected for disposal” means sealed in a leak-tight container while adequately wet.

(o) “Component” means any equipment, pipe, structural member, or other item covered, coated, or manufactured from asbestos-containing material.

(p) “Controlled area” means an area to which only certified asbestos workers, or other persons authorized by PTC 10.12.070, have access. For residential dwellings, the controlled area is the interior of the dwelling.

(q) “Demolition” means the wrecking, dismantling, removal of any load-supporting structural member on, or burning of, any building, vessel, structure, or portion thereof. For residential dwellings, demolition means the wrecking, dismantling, or removal of any load-bearing structural member by the use of heavy equipment (such as a backhoe) or the burning of the building thereby rendering as permanently uninhabitable, that portion of the building being demolished.

(r) “Emergency asbestos project” means any unplanned asbestos project necessitated by a sudden and unexpected event that will imminently endanger human health and safety either through exposure to asbestos fibers or loss of vital utilities. Such events may include earthquakes, floods, fire damage, nonroutine failure or malfunction of equipment, or identification of additional asbestos-containing material discovered during an asbestos project.

(s) “Ethylene oxide aerator” means any equipment, space, or room in which air is used to remove residual ethylene oxide from sterilized materials.

(t) “Ethylene oxide sterilizer” means any chamber or related piece of equipment that uses ethylene oxide or an ethylene oxide mixture in any sterilization or fumigation process.

(u) “Freeboard ratio” means the freeboard height (the distance from the top of the degreaser to the air/solvent vapor interface) divided by the width (lesser horizontal dimension) of the degreaser (measured at the top).

(v) “HEPA filter” means a high efficiency particulate air filter found in respirators and vacuum systems capable of filtering 0.3 micrometer mean aerodynamic diameter particles with 99.97 percent efficiency.

(w) “Leak-tight container” means a dust-tight container, at least six-mil-thick, that encloses the asbestos-containing waste material and prevents solids or liquids from escaping or spilling out. Such containers may include sealed plastic bags, metal or fiber drums, and polyethylene plastic.

(x) “Local exhaust ventilation and collection system” means a system as described in Appendix J of EPA 560/565-024 (Guidance for Controlling Asbestos-Containing Materials in Buildings).

(y) “Owner” or “operator” means any person who owns, leases, operates, controls, or is responsible for activities at an asbestos project site, or an asbestos project operation, or both.

(z) “Refrigerated freeboard chiller” means a set of cooling coils situated above the condenser which operates at 2ºC or less.

(aa) “Residential dwelling” means any non-multiple unit building containing space for uses such as living, sleeping, preparation of food, and eating that is used, occupied, or intended or designed to be occupied by one family as their domicile. This term includes houses, mobile homes, trailers, houseboats, and houses with a “mother-in-law apartment” or “guest room.” This term does not include structures that are demolished or renovated as part of a commercial or public project. Nor does this term include any mixed-use building, structure, or installation that contains a residential unit.

(bb) “Toxic air contaminant (TAC)” means any air contaminant listed in Appendix A of this Regulation III or listed in the Administrative Regulations of the United States of America in 40 C.F.R. Part 372, Subpart D, as both now exist or are hereinafter amended, and both of which by this reference are incorporated herein and made a part hereof.

(cc) “Vapor degreaser” means a degreasing tank in which the solvent is heated at or above the boiling point.

(dd) “Visible emissions” means any emissions that are visually detectable without the aid of instruments. This term does not include condensed uncombined water vapor.

(ee) “Waste generator” means any owner or operator of a source whose act or process produces asbestos-containing waste material.

(ff) “Waste shipment record” means the shipping document required to be originated and signed by the owner or operator, used to track and substantiate the disposition of asbestos-containing waste material.

(gg) “Working day” means Monday through Friday and includes holidays that fall on any of the days Monday through Friday. [Res. 281093-C (10/28/93) Reg. III § 1.08]

10.12.940 Emission monitoring requirements.

Where toxic air contaminant emissions must be monitored pursuant to this Regulation III, they shall be measured using current Environmental Protection Agency procedures unless other procedures have been adopted by the Department or other procedures have been mutually agreed upon by the Control Officer and the owner or operator of the source. [Res. 281093-C (10/28/93) Reg. III § 1.09]

10.12.950 Reporting requirements.

(a) This section applies to all sources of toxic air contaminants which are subject to Article 4 of Regulation I.

(b) In addition to the reporting requirements of Article 4 of Regulation I, the owner or operator of an air contaminant source shall make reports to the Department concerning the types and amounts of toxic air contaminants emitted and other relevant information needed to calculate such emissions.

(c) The owner or operator of an air contaminant source shall, upon request of the Department, provide such existing or reasonably available information as necessary to assist the Department to determine if the emissions of toxic air contaminants from the source may result in the exceedance of an ASIL contained in Appendix A of this Regulation III. [Res. 281093-C (10/28/93) Reg. III § 1.11]

Article 16. Review of Toxic Air Contaminant Sources

10.12.960 Applicability.

(a) This article shall apply to all sources of toxic air contaminants except the following:

(1) Asbestos removal operations (see Article 18 of Regulation III).

(2) Chromic acid plating and anodizing tanks (see PTC 10.12.990).

(3) Solvent metal cleaners (see PTC 10.12.1010).

(4) Perchloroethylene dry cleaners (see PTC 10.12.1000).

(5) Petroleum solvent dry cleaning systems (see PTC 10.12.820).

(6) Gasoline storage and dispensing operations (see Article 12 of Regulation II).

(7) Graphic arts systems (see PTC 10.12.810).

(8) Can and paper coating operations (see PTC 10.12.790).

(9) Motor vehicle and mobile equipment coating operations (see PTC 10.12.800).

(10) Polyester/vinylester/gelcoat/resin operations (see PTC 10.12.830).

(11) Coatings and ink manufacturing (see PTC 10.12.850).

(12) Ethylene oxide sterilizers and aerators (see PTC 10.12.1020).

(b) Any demonstration required by this article shall be conducted in accordance with the Puget Sound Air Pollution Control Agency’s “Guidelines for Evaluating Sources of Toxic Air Contaminants,” which are hereby incorporated by reference. [Res. 281093-C (10/28/93) Reg. III § 2.01]

10.12.970 New or altered toxic air contaminant sources.

(a) This section applies to all sources of toxic air contaminants for which a notice of construction is required by Article 5 of Regulation I, unless covered by the specific rules referenced in PTC 10.12.960.

(b) No approval shall be issued under Article 5 of Regulation I unless, in addition to the conditions stated therein, the information supplied pursuant to this Regulation III demonstrates to the Control Officer that:

(1) The toxic air contaminant emissions from the source will not result in the exceedance of any ASIL contained in Appendix A of this Regulation III; or

(2) The toxic air contaminant emissions from the source will not cause air pollution as defined in PTC 10.12.920. [Res. 281093-C (10/28/93) Reg. III § 2.03]

10.12.980 Registered sources of toxic air contaminants.

This section applies to all sources of toxic air contaminants required to be registered by Article 4 of Regulation I, unless covered by specific rules referenced in PTC 10.12.960.

(a) The Control Officer shall have the authority to conduct a screening evaluation of any source in accordance with the Puget Sound Air Pollution Control Agency’s “Guidelines for Evaluation Sources of Toxic Air Contaminants” to determine if the toxic air contaminant emissions from the source would result in the exceedance of an ASIL contained in Appendix A of this Regulation III. The owner or operator of this source shall be informed of the results of any such screening evaluation.

(b) If, as a result of the screening evaluation conducted under subsection (a) of this section, the Control Officer determines that the toxic air contaminant emissions from a source may result in the exceedance of an ASIL contained in Appendix A of this Regulation III, the Control Officer may issue an order requiring the owner or operator of the source to perform an analysis in accordance with the “Guidelines for Evaluating Sources of Toxic Air Contaminants” and may establish a schedule for submission of the analysis.

(c) It shall be unlawful for any person required to perform an analysis under subsection (b) of this section to cause or allow the continued operation of the source after the submission date established by the Control Officer, unless one of the following conditions is met:

(1) A dispersion modeling analysis demonstrates to the Control Officer that the toxic air contaminant emissions from the source will not result in the exceedance of any ASIL contained in Appendix A of this Regulation III; or

(2) A dispersion modeling analysis demonstrates to the Control Officer that the toxic air contaminant emissions from the source will not result in the exceedance of any ASIL contained in Appendix A of this Regulation III after the installation of the Best Available Control Technology (“BACT”) and a compliance schedule for employing BACT is approved by the Control Officer; or

(3) BACT is employed on the source or a compliance schedule for employing BACT is approved by the Control Officer, and a risk analysis demonstrates to the Control Officer that the toxic air contaminant emissions from the source will not cause air pollution as defined in PTC 10.12.920.

(d) Nothing in this article shall be construed to prevent the owner or operator of a source of toxic air contaminants from applying for a variance under Article 3 of Regulation I. [Res. 281093-C (10/28/93) Reg. III § 2.05]

Article 17. Source-Specific Emission Standards

10.12.990 Chromic acid plating and anodizing.

(a) It shall be unlawful for any person to cause or allow the operation of any chromic acid plating or anodizing tank unless the tank is equipped with a permanent ampere-hour accumulator that is operating at all times electrical current is applied to the tank and the facility-wide uncontrolled hexavalent chromium emissions from plating or anodizing tanks are reduced by at least 95 percent using either of the following control techniques:

(1) An anti-mist additive or other equally effective control method which has been approved by the Control Officer shall be employed; or

(2) The tank shall be equipped with:

(A) A capture system approved by the Control Officer, which represents good engineering practice and which shall be in place and in operation at all times electrical current is applied to the tank; and

(B) A combination of anti-mist additives or other control method and use of control devices which collectively shall limit hexavalent chromium emissions to less than 0.15 milligrams per ampere-hour of electrical charge applied to the tank.

(b) It shall be unlawful for any person to cause or allow the operation of any chromic acid plating or anodizing tank at a facility where the facility-wide hexavalent chromium emissions from chromic acid plating and anodizing are greater than one kilogram per year after the application of the control techniques required by subsection (a) of this section, unless the facility-wide uncontrolled hexavalent chromium emissions from plating and anodizing tanks are reduced by at least 99 percent using either of the following control techniques:

(1) An anti-mist additive or other equally effective control method which has been approved by the Control Officer shall be employed; or

(2) The tank shall be equipped with:

(B) A combination of anti-mist additives or other control method and use of control devices which collectively shall limit hexavalent chromium emissions to less than 0.03 milligrams per ampere-hour of electrical charge applied to the tank.

(c) It shall be unlawful for any person to cause or allow the operation of any chromic acid plating or anodizing tank at a facility where the facility-wide hexavalent chromium emissions from chromic acid plating and anodizing would be greater than one kilogram per year after the application of the control techniques required by subsection (b) of this section, unless the facility-wide uncontrolled hexavalent chromium emissions from plating and anodizing tanks are reduced by at least 99.8 percent using either of the following control techniques:

(1) An anti-mist additive or other equally effective control method which has been approved by the Control Officer shall be employed; or

(2) The tank shall be equipped with:

(B) A combination of anti-mist additives or other control method and use of control devices which collectively shall limit hexavalent chromium emissions to less than 0.006 milligrams per ampere-hour of electrical charge applied to the tank.

(d) The owner or operator of the source shall report the facility-wide hexavalent chromium emissions to the Department annually using procedures approved by the Control Officer. [Res. 281093-C (10/28/93) Reg. III § 3.01]

10.12.1000 Perchloroethylene dry cleaners.

(a) This section applies to all dry cleaning systems using perchloroethylene, except systems with annual uncontrolled emissions of 300 kilograms or less.

(b) It shall be unlawful for any person to operate a perchloroethylene dry cleaning system unless the entire dryer exhaust is vented through a control device which will reduce VOC emissions to five kilograms or less per 100 kilograms dry weight of cleaned articles.

(c) It shall be unlawful for any person to cause or allow the operation of a perchloroethylene dry cleaner unless the control device meets one of the following conditions:

(1) The exhaust from a carbon absorber shall contain less than 100 ppm perchloroethylene as measured over a period of one minute before dilution; or

(2) The air temperature at the outlet of a refrigerated condenser must reach 7ºC or less during the cool-down period. A temperature gauge shall be installed on the condenser outlet duct; or

(3) The demonstrated control efficiency for any other control device must be 90 percent or greater by weight, prior to the discharge to the atmosphere measured over a complete control cycle.

(d) It shall be unlawful for any person to cause or allow the operation of any perchloroethylene cleaner unless all of the following conditions are met:

(1) All leaking components shall be repaired immediately.

(2) If filtration cartridges are drained, they shall be drained in an enclosed container for at least 24 hours before discarding the cartridges. [Res. 281093-C (10/28/93) Reg. III § 3.03]

10.12.1010 Solvent metal cleaners.

(a) It shall be unlawful for any person to cause or allow the operation of any solvent metal cleaner unless it includes all of the following equipment:

(1) A cover for the solvent tank which shall be closed at all times except when processing work in the degreaser. However, the cover shall be closed to the maximum extent possible when parts are being degreased.

(2) A facility for draining cleaned parts such that the drained solvent is returned to the solvent tank.

(3) For cold solvent cleaners, a freeboard ratio greater than or equal to 0.75.

(4) For vapor degreasers, the following equipment:

(A) Both the following safety switches:

(i) A high vapor cutoff thermostat with manual reset; and

(ii) For degreasers with spray devices, a vapor-up thermostat which will allow spray operation only after the vapor zone has risen to the design level.

(B) And one of the following:

(i) A freeboard ratio greater than or equal to 0.75; or

(ii) A refrigerated freeboard chiller.

(5) For conveyorized vapor degreasers:

(A) A drying tunnel or a rotating basket sufficient to prevent cleaned parts from carrying liquid solvent out of the degreaser.

(B) Both of the following safety switches:

(i) A high vapor cutoff thermostat with manual reset; and

(ii) A vapor-up thermostat which will allow conveyor movement only after the vapor zone has risen to the design vapor level.

(b) It shall be unlawful for any person to cause or allow the operation of any solvent metal cleaner unless the following requirements are met:

(1) Solvent shall not leak from any portion of the degreasing equipment.

(2) Solvent, including waste solvent, shall be stored in closed containers and shall be disposed of in such a manner as to prevent its evaporation into the atmosphere.

(3) For cold cleaners, cleaned parts shall be drained until dripping ceases.

(4) Degreaser construction shall be such that the liquid solvent from the cleaned parts drains into a trough or equivalent device and is returned to the solvent tank.

(5) For open-top vapor degreasers, solvent drag-out shall be minimized by the following measures:

(A) Racked parts shall be allowed to fully drain.

(B) The work load shall be degreased in the vapor zone until condensation ceases.

(D) When using a powered hoist, the vertical speed of parts in and out of the vapor zone shall be less than three meters per minute (10 feet per minute).

(E) When the cover is open, the lip of the degreaser shall not be exposed to steady drafts greater than 15.3 meters per minute (50 feet per minute).

(F) When equipped with a lip exhaust, the fan shall be turned off when the cover is closed.

(6) For conveyorized vapor degreasers, solvent drag-out shall be minimized by the following measures:

(A) Racked parts shall be allowed to fully drain.

(B) Vertical conveyor speed shall be maintained at less than three meters per minute (10 feet per minute).

(c) After July 1, 1993, it shall be unlawful for any person to cause or allow the operation of any vapor degreaser employing a toxic air contaminant unless:

(1) Such person has conducted an analysis of available alternative technologies considering cost and performance and has determined that no acceptable alternative exists; and

(2) The vapor degreaser employs the following equipment:

(A) A cover which opens horizontally; and

(B) A freeboard ratio greater than or equal to 1.00; and

10.12.1020 Ethylene oxide sterilizers and aerators.

(a) The provisions of this rule do not apply if the facility-wide usage of ethylene oxide is less than 11 kilograms (25 pounds) per year.

(b) It shall be unlawful for any person to cause or allow the emission of ethylene oxide from the operation of any sterilizer or aerator unless ethylene oxide emissions from each device meet the following control efficiencies:


Facility-Wide Usage of Ethylene Oxide kg/yr (lbs/yr)	Exhaust Streams to Be Controlled	Control Efficiency (%)
≥11 and ≤272 (≥25 and ≤600)	Sterilizer	99.0
	Aerator	90.0
>272 and ≤2,270 (>600 and ≤5,000)	Sterilizer	99.9
	Aerator	95.0
>2,270 (>5,000)	Sterilizer	99.9
	Aerator	99.0

(c) It shall be unlawful for any person to cause or allow the operation of an ethylene oxide sterilizer or aerator unless the maximum concentration of ethylene oxide is less than 10 ppm as measured one centimeter away from any portion of the equipment other than the exhaust.

(d) It shall be unlawful for any person to cause or allow the discharge of ethylene oxide in the sterilizer exhaust vacuum pump working fluid to the wastewater stream.

(e) Annual source tests shall be conducted in accordance with PTC 10.12.940 to verify compliance with the requirements in this section.

(f) The provisions of this section shall be met on the following schedule:

(1) Submit notice of construction by July 1, 1992; and

(2) Submit progress report by July 1, 1993; and

(3) Achieve final compliance by July 1, 1994. [Res. 281093-C (10/28/93) Reg. III § 3.07]

Article 18. Asbestos Control Standard

10.12.1030 Application requirements and fees.

(a) Application Requirements – Applicability. It shall be unlawful for any person to cause or allow work on an asbestos project or demolition unless the owner or operator has obtained written approval from the Control Officer as follows:

(1) A written “application to perform an asbestos project” or an “application to perform a demolition” shall be submitted on Department-provided forms by the owner or operator for approval by the Control Officer before any work on an asbestos project or demolition begins. It shall be unlawful for any person to cause or allow any false or misrepresenting information on either form.

(2) The written application shall be accompanied by the appropriate application fee and a certification that an asbestos survey has been conducted.

(3) The written application for a demolition shall also include a certification that there is no known asbestos-containing material remaining in the area of the demolition.

(4) The duration of an asbestos project or demolition shall not exceed one year beyond the original starting date and shall have a starting and completion date that is commensurate with the amount of work involved.

(5) A copy of the approved application and asbestos survey shall be available for inspection at the asbestos project or demolition site.

(6) Upon completion of an asbestos project or a demolition, a written “notice of completion” shall be filed with the Control Officer on forms provided by the Department.

(7) Submission of an “application to perform an asbestos project” shall be prima facie evidence that the asbestos project involves asbestos-containing material.

(8) Application for multiple asbestos projects may be filed on one form, if the following criteria are met:

(A) The work will be performed continuously by the same contractor; and

(B) The structures must be in an unbroken sequence, not divided by road, waterway, or structures not included in the asbestos project; and

(D) All asbestos projects are bid as a group under the same contract.

(b) Application Requirements – Advance Notification Period and Fee. Any application required by subsection (a) of this section shall be considered incomplete until all the information required by subsection (a) of this section is received by the Control Officer and accompanied by the appropriate, nonrefundable fee. The advance notification period and appropriate fee shall be determined by the following table:


		Advance Notification Period	Application Fee	Forms Required
Demolition	All	10 working days	$25	1) Application to perform a demolition 2) Certification that no known asbestos is present
Asbestos project	Residential	Prior notification required	$25	Application to perform an asbestos project
Asbestos project	<10 linear ft <11 square ft	Prior notification required	$25	Application to perform an asbestos project
Asbestos project	10 – 259 linear ft 11 – 159 square ft	10 working days	$100	Application to perform an asbestos project
Asbestos project	260 – 999 linear ft 160 – 4,999 square ft	10 working days	$250	Application to perform an asbestos project
Asbestos project	1,000 – 9,999 linear ft 5,000 – 49,000 square ft	10 working days	$500	Application to perform an asbestos project
Asbestos project	10,000+ linear ft 50,000+ square ft	10 working days	$1,000	Application to perform an asbestos project
Amendments	All projects	Prior notification required	$25 (3rd amendment and after)	Amended copy of approved application
Emergencies	All projects that normally require a 10-working-day notification period	Prior notification required	$100 plus normal notification fee	Emergency waiver request letter (submitted by property owner)

(c) Annual Applications. In addition to the application requirements of subsections (a) and (b) of this section, the owner or operator of a facility may file for approval by the Control Officer an annual written application to conduct asbestos projects on one or more buildings, vessels, or structures at the facility during each calendar year for the purpose of scheduled maintenance or emergency repairs. The requirements of subsections (a)(1) through (a)(4), (a)(6) and (b) of this section shall not apply to asbestos projects undertaken during the calendar year at the applicable facility if all of the following conditions are met:

(1) Annual Application – Restrictions.

(A) The annual written application shall be filed for approval by the Control Officer before commencing work on any asbestos project to be specified in an annual application.

(B) The total amount of asbestos-containing material for all asbestos projects from each structure, vessel, or building in a calendar year under this section shall be limited to less than 260 linear feet on pipes and 160 square feet on other components.

(C) The application requirements of subsections (a) and (b) of this section shall apply to any asbestos project involving at least 260 linear feet on pipes or 160 square feet on other components for each building, vessel, or structure at the facility, including residential dwellings.

(D) A copy of the written annual application shall be available for inspection at the property owner’s or operator’s office until the end of the calendar year.

(E) Asbestos-containing waste material generated from asbestos projects filed under an annual application may be stored for disposal at the facility if all of the following conditions are met:

(i) All asbestos-containing waste material shall be treated in accordance with PTC 10.12.1050(a)(1) and (a)(2);

(ii) Accumulated asbestos-containing waste material collected during each calendar quarter shall be kept in a controlled storage area posted with one or more asbestos warning signs and accessible only to authorized persons; and

(iii) All stored asbestos-containing waste material shall be deposited at a waste disposal site within 90 calendar days after collection for disposal. The waste disposal site shall be operated in accordance with the provisions of 40 C.F.R. 61.154 or 61.155 and approved by the health department with jurisdiction.

(2) Annual Application – Reporting Requirements and Fees. Annual written applications required by subsection (c)(1) of this section shall be submitted by the facility owner or operator on forms provided by the Department and filed for approval by the Control Officer, accompanied by an annual fee of $1,000.

(3) Annual Application – Quarterly Reporting Requirements. In addition to the written annual application requirements of subsection (c)(2) of this section, the facility owner or operator shall submit quarterly written reports to the Control Officer within 15 days after the end of each calendar quarter. Each quarterly report shall be submitted on forms provided by the Department or in a format approved by the Control Officer.

(d) Application Requirements – Amendments. It shall be unlawful for any person to cause or allow any deviation from the information contained in a written application unless an amended application has been received and approved by the Control Officer. Amended applications required by this section shall be filed by the original applicant, received by the Control Officer no later than the last filed completion date, and are limited to the following revisions:

(1) A change in the job size category because of additional asbestos-containing material. In this case, the fee shall be increased accordingly and the total fee shall be equal to, but not exceed, the fee amount provided for each job size category specified in subsection (b) of this section;

(2) The asbestos project or demolition starting or completion date, provided the total duration of the work does not exceed one calendar year beyond the original starting date. The commencement date of the original advance notification period shall apply with no additional waiting period required for amended applications filed in accordance with this subsection (d) and approved by the Control Officer. If an amended application results in a job size category that requires a waiting period as specified in subsection (b) of this section and the original application did not require a waiting period, the advance notification period shall commence on the approval date of the original application;

(3) Name, mailing address, and telephone number of the owner or operator of the asbestos project site or operation;

(4) Waste disposal site, provided the revised waste disposal site is operated in accordance with the provisions of 40 C.F.R. 61.154 or 61.155 and approved by the health department with jurisdiction;

(5) Method of removal or compliance procedures, provided the revised work plan meets the asbestos emission control and disposal requirements of PTC 10.12.1040 and 10.12.1050;

(6) Description, size (total square feet or number of floors), and approximate age of the building, vessel, or structure at the original address or location; and

(7) Any other information requested by the Control Officer.

(e) Advance Notification Period – Exemptions. The Control Officer may waive the required 10-working-day advance notification period in subsection (b) of this section for an asbestos project or demolition if the facility owner demonstrates to the Control Officer that there is an emergency as follows:

(1) Emergency Asbestos Project. The owner of a facility may submit a signed written request to waive the required 10-working-day advance notification period for an asbestos project. The request shall be submitted for approval by the Control Officer and be accompanied by the required application and appropriate fee as required by subsections (a) and (b) of this section. Any request for approval of an emergency asbestos project shall include, at a minimum:

(A) The complete name, mailing address, and telephone number of the facility owner or operator, including the city, zip code, and county;

(B) The complete street address or location of the asbestos project site, including the city, zip code, and county;

(D) An explanation of how the sudden and unexpected event has caused an emergency condition.

(2) Emergency Demolition. The owner of a facility may submit a signed written request to waive the required 10-working-day advance notification period for a demolition if the request is accompanied by a copy of an order from a federal, state, or local government agency that requires demolition before the 10-working-day advance notification period has elapsed. The request and copy of the order shall be submitted for approval by the Control Officer and be accompanied by the required applications and appropriate fee as required by subsections (a) and (b) of this section. Any request for approval of an emergency demolition shall include, at a minimum:

(A) The complete name, mailing address, and telephone number of the owner or operator of the facility and the asbestos project, including the city, zip code, and county;

(B) The complete street address or location of the demolition site, including the city, zip code, and county;

(D) The reason why the demolition was ordered; and

(E) The dates on which the order was received and the demolition was ordered to begin. [Res. 281093-C (10/28/93) Reg. III § 4.01]

10.12.1040 Procedures for asbestos emission control.

(a) Asbestos Project – Requirements. It shall be unlawful for any person to cause or allow work on an asbestos project unless an asbestos survey has been conducted and the following procedures are employed:

(1) Any work on an asbestos project shall be performed by certified asbestos workers under the direct, on-site supervision of a certified asbestos supervisor. This requirement shall not apply to certain limited asbestos projects conducted in accordance with subsection (b) of this section for residential dwellings, nor to asbestos projects for which the Department has determined certified asbestos workers or supervisors are not required.

(2) All asbestos-containing material shall be kept adequately wet while being removed from any structure, building, vessel, or component.

(3) No visible emissions shall result from an asbestos project.

(4) All asbestos-containing material that has been removed or may have fallen off components during the course of an asbestos project shall be:

(A) Kept adequately wet until collected for disposal; and

(B) Collected for disposal at the end of each working day; and

(D) Carefully lowered to the ground or a lower floor, not dropped, thrown, slid, or otherwise handled in such a manner that may risk further damage to them; or

(E) Transported to the ground via dust-tight chutes or containers if they have been removed or stripped more than 50 feet above ground level and were not removed as a unit or in sections.

(5) Mechanical assemblies or components covered, coated, or manufactured from asbestos-containing material, removed as a unit or in sections, shall be contained in a leak-tight wrapping after wetting and labeled in accordance with PTC 10.12.1050(a)(1)(C).

(A) For large components such as boilers, steam generators, and large tanks, the asbestos-containing material is not required to be removed or stripped if the component can be removed, stored, transported, and deposited at a waste disposal site or reused without disturbing or damaging the asbestos.

(B) Metal components such as valves, fire doors, and reactor vessels that have internal asbestos-containing material may avoid wetting and leak-tight wrapping if:

(i) All access to the asbestos-containing material is welded shut; or

(ii) The component has mechanical seals in place that separate the asbestos-containing material from the environment and these seals cannot be removed by hand; and

(iii) The components are labeled in accordance with PTC 10.12.1050(a)(1)(C).

(6) Local exhaust ventilation and collection systems used on an asbestos project shall:

(A) Be maintained to ensure the integrity of the system; and

(B) When feasible, have one or more transparent plastic or glass viewing ports installed on the walls of the enclosure in such a manner that will allow for viewing of all components inside the enclosure. When available, existing windows may be utilized for viewing ports.

(7) Local exhaust ventilation and collection systems, control devices, and vacuum systems used on an asbestos project shall be equipped with a HEPA exhaust filter, maintained in good working order, and exhibit no visible emissions.

(b) Asbestos Project – Exemptions for Residential Dwelling. The requirements of subsection (a)(1) of this section shall not apply to asbestos projects conducted in a residential dwelling by the resident owner of the dwelling, except that the requirements of subsection (a)(1) of this section shall apply to furnace interiors and direct-applied mudded asbestos insulation on hot water heating systems, which may not be removed by the resident owner.

(c) Demolition – Requirements. It shall be unlawful for any person to cause or allow the demolition of any building, vessel, structure, or portion thereof unless all asbestos-containing material has been removed from the area to be demolished. It shall be unlawful for any person to cause or allow any demolition that would disturb asbestos-containing material or prevent access to the asbestos-containing material for removal and disposal.

(d) Demolition – Asbestos Removal Exemptions. Asbestos-containing material need not be removed before the demolition of any building, vessel, structure, or portion thereof if:

(1) The asbestos-containing material is on a component that is encased in concrete or other material determined by the Control Officer to be equally effective in controlling asbestos emissions. In this case, the application requirements of PTC 10.12.1030 shall apply and these materials shall be kept adequately wet whenever exposed during demolition until disposed of in accordance with PTC 10.12.1050(a)(2); or

(2) The asbestos-containing material could not be removed prior to demolition because it was not accessible until after demolition began. In this case, the application requirements of PTC 10.12.1030 shall apply and the exposed asbestos-containing material and asbestos contaminated debris shall be kept adequately wet at all times until disposed of in accordance with PTC 10.12.1050(a)(2); or

(3) The material was not accessible for removal because of hazardous conditions. Such conditions may include environments that are contaminated by toxic substances, structures or buildings that are structurally unsound and in danger of imminent collapse, or other conditions that are immediately dangerous to life and health. Under such conditions, the facility owner or operator may submit a signed written request for conditional approval by the Control Officer to waive the requirements of subsection (c) of this section. In this case, the application requirements of PTC 10.12.1030 shall apply and the exposed asbestos-containing material and asbestos-contaminated debris shall be kept adequately wet at all times until disposed of in accordance with PTC 10.12.1050(a)(2). Evidence of the hazardous condition, as documented by a federal or Tribal agency or other person or entity acceptable to the Control Officer, shall accompany the written request in addition to the application and appropriate fee as required by PTC 10.12.1030. The request for exemption from subsection (c) of this section shall include, at a minimum:

(A) The complete name, mailing address, and telephone number of the owner or operator of the facility, including the city, zip code, and county;

(B) The complete street address or location of the demolition site, including the city, zip code, and county;

(D) A description of the hazardous condition that prevents the removal of asbestos-containing material prior to demolition, including the amount, type, and specific location(s) within the structure of such materials; and

(E) The procedures that will be used to prevent the release of asbestos fibers into the ambient air.

(e) Alternative Control Measures. The owner or operator of an asbestos project may submit a signed written request to use an alternative control measure that is equally effective in controlling asbestos emissions for conditional approval by the Control Officer. The written request shall include, at a minimum:

(1) The complete name, mailing address, and telephone number of the owner or operator of the asbestos project, including the city and zip code;

(2) The complete street address or location of the site, including the city, zip code, and county;

(3) A description of the material, including the type and percentage of asbestos in the material, total amount of material involved, and the specific location(s) of the material on the site; and

(4) The reason why an alternative control measure is required and a description of the proposed alternative control measure to be employed, including the procedures that will be used to prevent the release of asbestos fibers into the ambient air. [Res. 281093-C (10/28/93) Reg. III § 4.02]

10.12.1050 Disposal of asbestos-containing waste material.

(a) Disposal Requirements. It shall be unlawful for any person to cause or allow work on an asbestos project unless the following procedures are employed during the collection, processing, packaging, transporting, or deposition of any asbestos-containing waste material:

(1) Treat all asbestos-containing waste material as follows:

(A) Adequately wet all asbestos-containing waste material and mix asbestos waste from control devices, vacuum systems, or local exhaust ventilation and collection systems with water to form a slurry;

(B) After wetting, seal all asbestos-containing waste material in leak-tight containers or wrapping to ensure that they remain adequately wet when deposited at a waste disposal site;

(C) Permanently label wrapped materials and each container with an asbestos warning sign as specified by the Occupational Safety and Health Administration or other person or entity acceptable to the Control Officer. Permanently mark the label with the date the material was collected for disposal, the name of the waste generator, the name and affiliation of the certified asbestos supervisor, and the location at which the waste was generated;

(D) Ensure that the exterior of each container is free of all asbestos residue;

(E) Exhibit no visible emissions during any of the operations required by this section.

(2) All asbestos-containing waste material shall be deposited within 10 calendar days after collection for disposal at a waste disposal site operated in accordance with the provisions of 40 C.F.R. 61.154 or 61.155 and approved by the health department with jurisdiction. This requirement is modified by PTC 10.12.1030(c) for asbestos-containing waste material from asbestos projects conducted under annual applications.

(b) Alternative Storage Method – Asbestos Storage Facility. The owner or operator of a licensed asbestos abatement company or disposal facility may apply to the Control Officer to establish a facility for the purpose of collecting and temporarily storing asbestos-containing waste material.

(1) It is unlawful to cause or allow the operation of a temporary asbestos storage facility without the prior written approval of the Control Officer.

(2) The owner or operator must submit a complete application for an asbestos storage facility on forms provided by the Department. When approved, an asbestos storage facility authorization will be returned to be posted at the entrance to the facility.

(3) An asbestos storage facility shall meet the following general conditions:

(A) Asbestos-containing waste material must be stored in a container with a single piece liner at least six mils in thickness; and

(B) Said container must be in a secured building or in a secured exterior enclosure; and

(D) Storage, transportation, disposal, and return of the waste shipment record to the waste generator will not exceed the 45-day requirement of 40 C.F.R. 61.150.

(c) Alternative Disposal Method – Asbestos-Cement Water Pipe. Asbestos-cement water pipe used on public rights-of-way or public easements shall be excluded from the disposal requirements of subsection (a)(2) of this section if the following conditions are met:

(1) Any asbestos-cement water pipe greater than one linear foot in size may be buried on public rights-of-way or public easements if covered with at least three feet or more of non-asbestos fill material; and

(2) All asbestos-containing waste material, including asbestos-cement water pipe fragments that are one linear foot or less, protective clothing, HEPA filters, or other asbestos-contaminated material, debris, or containers, shall be subject to the requirements of this article. [Res. 281093-C (10/28/93) Reg. III § 4.03]

APPENDIX A

ACCEPTABLE SOURCE IMPACT LEVELS


Compound Name	CAS Code	ASIL μg/m3	Type
Acetaldehyde	75-07-0	.45	A
Acetamide	60-35-5	TBD	D
ANTU	86-88-4	1.0	B
Acetic acid	75-07-0	83.3	B
Acetic anhydride	108-24-7	66.6	B
Acetone	67-64-1	5927.4	B
Acetronitrile	75-05-8	233.1	B
Acetophenone	98-86-2	TBD	D
2-Acetylamino-fluorene	53-96-3	TBD	D
Acetylene tetrabromide	79-27-6	50.0	B
Acrolein	107-02-8	0.8	B
Acrylamide	79-06-1	0.1	B
Acrylic acid	79-10-7	99.9	B
Acrylonitrile	107-13-1	0.015	A
Aldrin	309-00-2	0.0002	A
Allyl alcohol	107-18-6	16.7	B
Allyl chloride	107-05-1	TBD	D
Allyl glycidyl ether	106-92-3	73.3	B
Allyl propyl disulfide	2179-59-1	40.0	B
Aluminum, Al alkyls	7429-90-5	6.7	B
Aluminum, as Al metal dust	7429-90-5	33.3	B
Aluminum, as Al pyro powders	7429-90-5	16.7	B
Aluminum, as Al soluble salts	7429-90-5	6.7	B
Aluminum, as Al welding fumes	7429-90-5	16.7	B
2-Aminoanthraquinone	117-79-3	TBD	A
o-Aminoazotoluene	97-56-3	TBD	A
4-Aminobiphenyl	92-67-1	TBD	A
2-Aminopyridine	504-29-0	6.7	B
Amitrole	61-82-5	0.6	C
Ammonia	7664-41-7	59.9	B
Ammonium chloride fumes	12125-02-9	33.3	B
Ammonium perfluorooctanoate	3825-26-1	0.3	B
Ammonium sulfamate	7773-06-0	33.3	B
n-Amyl acetate	628-63-7	1764.9	B
sec-Amyl acetate	626-38-0	2214.5	B
Aniline and homologues	62-53-3	33.3	B
Anisidine(o-,p- isomers)	29191-52-4	1.7	B
o-Anisidine	90-40-0
Antimony & compounds, as Sb	7440-36-0	1.7	B
Antimony trioxide, as Sb	1309-64-4	1.7	B
Arsenic and inorganic arsenic compounds	7440-38-2	.00023	A
Arsine	7784-42-1	0.7	B
Asbestos (Note: fibers/ml)	1332-21-4	0.0000042	A
Asphalt (petroleum) fumes	8052-42-4	16.7	B
Atrazine	1912-24-9	16.7	B
Auramine (technical grade)	2465-27-2	TBD	A
Aidnphos-methyl	86-50-0	0.7	B
Barium, soluble compounds Ba	7440-39-3	1.7	B
Benomyl	17804-35-2	33.3	B
Benz(a)anthracene	56-55-3	TBD	A
Benzene	71-43-2	0.12	A
Benzidine and its salts	92-87-5	0.000015	A
Benzotrichloride	48-07-7	TBD	D
Benzoyl peroxide	94-36-0	16.7	B
Benzo(a)pyrene	50-32-8	TBD	A
Benzo(b)fluoranthene	204-99-2	TBD	A
Benzo(j)fluoranthene	205-82-3	TBD	A
Benzo(k)fluoranthene	205-08-9	TBD	A
Benzyl chloride	100-44-7	16.7	B
Benzyl violet 4b	1694-09-3	TBD	A
Beryllium and its compounds	7440-41-7	0.00042	A
Biphenyl	92-52-4	5.0	B
Bis(2-chloroethyl)ether (Dichloroethyl ether)	111-44-4	0.003	A
Bis(2-chlorethy)ether (Dichlorethyl ether)	111-44-4	99.9	B
Bis(2-ethylhexyl)phthalate (DEHP; Di(2-ethylhexyl)phthalate)	117-81-7	TBD	A
Bis(2-ethyhexyl)phthalate (DEHP; Di(2 ethylhexy)phthalate)	117-81-7	16.7	B
Bis(chloromethyl)ether and tech. grade chloromethyl methyl ether	542-88-1	0.000016	A
Bismuth telluride	1304-82-1	33.3	B
Bismuth telluride Se doped	1304-82-1	16.7	B
Borates, anhydrous	1303-96-4	3.3	B
Borates, decahydrate	1303-96-4	16.7	B
Borates, pentahydrate	1303-96-4	3.3	B
Boron oxide	1303-86-2	33.3	B
Boron tribromide	10294-33-4	33.3	B
Boron trifluoride	7637-07-2	10.0	B
Bromacil	314-40-9	33.3	B
Bromine	7726-95-6	2.3	B
Bromine pentafluoride	7789-30-2	2.3	B
Bromoform	75-25-2	16.7	B
1,3 Butadiene	106-99-0	73.3	C
Butane	106-97-8	6327.0	B
2-Butanone (Methyl ethyl ketone)	78-93-3	1964.7	B
2-Butoxyethanol (Butyl cellosolve)	111-76-2	399.6	B
n-Butyl acetate	123-86-4	2364.3	B
sec-Butyl acetate	105-46-4	3163.5	B
tert-Butyl acetate	540-88-5	3163.5	B
Butyl acrylate	141-32-2	183.2	B
n-Butyl alcohol	71-36-3	499.5	B
sec-Butyl alcohol	78-92-2	1015.7	B
tert-Butyl alcohol	75-65-0	999.0	B
tert-Butyl chromate, as CrO3	1189-85-1	0.3	B
n-Butyl glycidyl ether (BGE)	2426-08-6	449.6	B
n-Butyl lactate	138-22-7	83.3	B
Butyl mercaptan	109-79-5	5.0	B
Butylamine	109-73-9	50.0	B
o-sec-Butylphenol	89-72-5	99.9	B
p-tert-Butyltoluene	98-51-1	199.8	B
B-Butyrolactone	3068-88-0	TBD	A
Cadmium and compounds	7440-43-9	0.00056	A
Calcium cyanamide	156-62-7	1.7	B
Calcium hydroxide	1305-62-0	16.7	B
Calcium oxide	1305-78-8	6.7	B
Camphor, synthetic	76-22-2	40.0	B
Caprolactam, dust	105-60-2	3.3	B
Caprolactam, vapor	105-60-2	66.6	B
Captafol	2425-06-1	0.3	B
Captan	133-06-2	16.7	B
Carbaryl	63-25-2	16.7	B
Carbofuran	1563-66-2	0.3	B
Carbon black	1333-86-4	11.7	B
Carbon disulfide	75-15-0	99.9	B
Carbon tetrabromide	558-13-4	4.7	B
Carbon tetrachloride	56-23-5	0.067	A
Carbonyl fluoride	353-50-4	16.7	B
Carbonyl sulfide	463-58-1	TBD	D
Catechol	120-80-9	66.6	B
Cesium hydroxide	21351-79-1	6.7	B
Chloramben	133-90-4	TBD	D
Chlordane	57-74-9	0.0027	A
Chlorinated camphene (Toraphene)	8001-35-2	0.003	A
Chlorinated camphene (Toraphene)	8001-35-2	1.7	B
Chlorinated diphenyl oxide	55720-99-5	1.7	B
Chlorine	7782-50-5	10.0	B
Chlorine dioxide	10049-04-4	1.0	B
Chlorine trifluoride	7790-91-2	1.3	B
1-Chloro-l-nitropropane	600-25-9	33.3	B
Chloroacetaldehyde	107-20-0	10.0	B
Chloracetic acid	79-11-8	TBD	D
a-Chloroacetophenone	532-27-4	1.0	B
Chloroacetyl chloride	79-04-9	0.7	B
o-Chlorobenzylidene malononitrile	2698-41-1	1.3	B
Chlorobenzene	108-90-7	1165.5	B
Chlorobenzilate	510-15-6	TBD	D
Chlorobromomethane	74-97-5	3496.5	B
Chlorodibromoethane	74-87-3	TBD	A
Chlorodifluoromethane	75-45-6	11655.0	B
Chloroethane (Ethyl Chloride)	75-00-3	8658.0	B
Chloroform	67-66-3	0.043	A
Chloromethane (methyl chloride)	74-87-3	349.7	B
Chloromethyl methyl ether (technical grade)	107-30-2	TBD	A
Chloropentafluoroethane	76-15-3	21045.6	B
Chlorophenols	108-43-0	0.18	A
Chloropicrin	76-06-2	2.3	B
Chloroprene	126-99-8	116.6	C
o-Chlorostyrene	1331-28-8	949.1	B
o-Chlorotoluene	95-49-8	832.5	B
Chlorpyrifos	2921-88-2	0.7	B
Chromium (II) compounds, as Cr	7440-47-3	1.7	B
Chromium (III) compounds, as Cr	7440-47-3	1.7	B
Chromium (VI) compounds	7440-47-3	0.000083	A
Chromium (metal)	7440-47-3	1.7	B
Chromyl chloride	14977-61-8	0.5	B
Clopidol	2971-90-6	33.3	B
Cobalt as Co metal Dust and fume	7440-48-4	0.2	B
Cobalt carbonyl as Co	10210-68-1	0.3	B
Cobalt hydrocarbonyl	16842-03-8	0.3	B
Coke oven emissions	81103*	0.0016	A
Copper, dusts and mists, as Cu	7440-50-8	3.3	B
Copper, fume	7440-50-8	0.7	B
Cotton dust, raw		0.7	B
Creosote	8001-58-9	TBD	A
Cresol, all isomers	1319-77-3	73.3	B
m-Cresol	108-39-4
o-Cresol	95-48-7
p-Cresol	106-44-5
Crotonaldehyde	4170-30-3	20.0	B
Crufomate	299-86-5	16.7	B
Cumene	98-82-8	815.9	B
Cupferron	135-20-6	TBD	A
Cyanamide	420-04-2	6.7	B
Cyanides, as CN	151-50-8	16.7	B
Cyanogen	460-19-5	66.6	B
Cyanogen chloride	506-77-4	2.0	B
Cyclohexane	110-82-7	3496.5	B
Cyclohexanol	108-93-0	666.0	B
Cyclohexanone	108-94-1	333.0	B
Cyclohexene	110-83-8	3380.0	B
Cyclohexylamine	108-91-8	133.2	B
Cyclonite	121-82-4	5.0	B
Cyclopentadiene	542-92-7	666.0	B
Cyclopentane	287-92-3	5727.6	B
Cyhexatin	13121-70-5	16.7	B
2,4-D salts and esters (2,4-Dichlorophenoxy acetic acid)	94-75-7	33.3	B,C
DDE	3547-04-4	TBD	D
DDT (1,1,1 Trichloro-2,2-Bis- (p-chlorophenyl)ethane)	50-29-3	.01	A
Decaborane	17702-41-9	1.0	B
Demeton	8065-48-3	0.3	B
Di(2-ethylhexyl)phthalate (Bis(2-ethylhexyl)phthalate; DEHP)	117-81-7	TBD	A
Di(2-ethylhexyl)phthalate (Bis(2-ethylhexyl)phthalate; DEHP)	117-81-7	16.7	B
Diacetone alcohol	123-42-2	799.2	B
N,N-Diacetylbenzidine	613-35-4	TBD	A
4,4-Diaminodiphenyl ether	101-80-4	TBD	A
Diazinon	333-41-5	0.3	B
Diazomethane	334-88-3	1.3	B
Dibenz(a,h)acridine	226-36-8	TBD	A
Dibenz(a,h)anthracene	53-70-3	TBD	A
Dibenz(a,j)acridine	224-42-0	TBD	A
Dibenzo(a,e)pyrene	192-65-4	TBD	A
Dibenzo(a,h)pyrene	189-64-0	TBD	A
Dibenzo(a,l)pyrene	191-30-0	TBD	A
Dibenzofurans	132-64-9	TBD	D
1,2:7,S-Dibenzopyrene (dibenzo(a,i)pyrene)	189-55-9	TBD	A
1,2-Dibromo-3-chloropropane	96-12-8	TBD	D
Diborane	19287-45-7	0.3	B
Dibutyl phosphate	107-66-4	16.7	B
Dibutyl phthalate	84-74-2	16.7	B
2-N-Dibutylaminoethanol	102-81-8	46.6	B
1,1-Dichloro-1-nitroethane	594-72-9	33.3	B
l,3-Dichlor-5,5-dimethyl hydantoin	118-52-5	0.7	B
Dichloroacetylene	7572-29-4	1.3	B
Dichlor-2-butene	764-41-0	0.00038	A
3,3'Dichloro-4,4'-diaminodiphenyl ether	28434-86-8	TBD	A
1,4-Dichlorobenzene (p-Dichlorobenzene)	106-46-7	1500.0	C
1,4-Dichlorobenzene (p-Dichlorobenzene)	106-46-7	1498.5	B
o-Dichlorobenzene	95-50-1	999.0	B
3,3'-Dichlorobenzidine	91-94-1	TBD	A
Dichlorodifluoromethane	75-71-8	16483.5	B
1,1-Dichloroethane	75-34-3	2697.3	B
1,2-Dichloroethane (Ethylene chloride)	107-06-2	0.04	A
Dichloroethyl ether (Bis(2-chloroethyl)ether)	111-44-4	0.003	A
Dichloroethyl ether (Bis(2-chloroethyl)ether)	111-44-4	99.9	B
1,1-Dichloroethylene (vinylidine chloride)	75-15-4	66.6	B
1,2-Dichloroethylene	540-59-0	2630.7	B
Dichlorofluoromethane	75-43-4	133.2	B
Dichloromethane (methylene chloride)	75-09-2	2.0	A
Dichlorophenylarsine (arsenic group)	696-28-6	TBD	A
1,2-Dichloropropane (Propylene dichloride)	78-87-5	1165.5	B
1,2-Dichloropropane (Propylene dichloride)	78-87-5	1165.6	C
1,3-Dichloropropene	542-75-6	16.7	B
2,2-Dichloropropionic acid	75-99-0	20.0	B
Dichlorotetrafluoroethane	76-14-2	23310.0	B
Dichlorvas	62-73-7	3.3	B
Dicrotophos	141-66-2	0.8	B
Dicyclopentadiene	77-73-6	99.9	B
Dicyclopentadienyl iron	102-54-5	33.3	B
Dieldrin	60-57-1	0.0002	A
Dieldrin	60-57-1	0.8	B
Diethanolamine	111-42-2	50.0	B
Diethyl ketone	96-22-0	2347.7	B
Diethyl nitrosamine (DEN; N-Nitrosodiethylamine)	55-18-15	TBD	A
Diethyl phthalate	8466-2	16.7	B
Diethyl sulfate	64-67-5	TBD	D
Diethylamine	109-89-7	99.9	B
Diethylaminoethanol	100-37-8	166.5	B
Diethylene triamine	111-40-0	13.3	B
1,2-Diethylhydrazrine	1615-80-1	TBD	A
Difluorodibromomethane	75-61-6	2863.8	B
Diglycidyl ether	2238-07-5	1.7	B
Diglycidyl resorcinol ether	101-90-6	TBD	A
Diisobutyl ketone	108-83-8	499.5	B
Diisopropylamine	108-18-9	66.6	B
3,3'-Dimethoxybenzidine (ortol-dianisidine)	119-90-4	TBD	A
Dimethylacetamide	127-19-5	116.6	B
Dimethylamine	124-40-3	59.9	B
Dimethyl aminoazobenzene	60-11-7	TBD	D
N,N-Dimethylaniline (N,N-Diethyl aniline)	121-69-7	83.3	B
3,3'-Dimethyl benzidine	119-93-7	TBD	D
Dimethyl carbamoyl chloride	79-44-7	TBD	D
Dimethylformamide	68-12-2	99.9	B
1,1-Dimethylhydrazine	57-14-7	3.3	B
1,2-Dimethylhydrazine	540-73-8	3.3	B,C
Dimethylnitrosoamine (N-Nitrosodimethylamine)	62-75-9	TBD	A
Dimethyl phthalate	131-13-7	16.7	B
Dimethyl sulfate	77-78-1	1.6	C
Dinitolmide	148-01-6	16.7	B
4,6-Dinitro-o-cresol and salts	534-52-1	0.7	B
Dinitrobenzene	528-29-0	3.3	B
2,4-Dinitrophenol	51-28-5	TBD	D
Dinitrotoluenes (mixed)	25321-14-6	TBD	A
1,4 Dioxane (1,4-Diethylene oxide)	123-91-1	300	C
Dioxathion	78-34-2	0.7	B
Dioxins and furans	43110*	TBD	A
Diphenylamine	122-39-4	33.3	B
1,2-Diphenyl hydrazine	122-66-7	0.0045	A
Dipropyl ketone	123-19-3	782.6	B
Dipropylene glycol methyl ether	34590-94-48	1998.0	B
Diquat	85-00-7	1.7	B
Disulfiram	97-77-8	6.7	B
Disulfuton	298-04-4	0.3	B
2,6-Ditert. butyl-p-cresol	128-37-0	33.3	B
Diuron	330-54-1	33.3	B
Divinyl benzene	108-57-6	166.5	B
EPN	2104-64-5	1.7	B
Endosulfan	115-29-7	0.3	B
Endrin	72-20-8	0.3	B
Enflurane	13839-16-9	1914.8	B
Epichlorohydrin (1-Chloro-2,3-epoxypropane)	106-89-8	TBD	D
1,2-Epoxybutane (1,2-Butylene oxide)	106-89-7	TBD	D
Ethanolamine	141-43-5	26.6	B
Ethion	563-12-2	1.3	B
2-Ethoxyethanol (Cellosolve)	110-80-5	63.3	B
2-Ethoxyethyl acetate	111-15-9	89.9	B
Ethyl acetate	141-78-6	4662.0	B
Ethyl acrylate	140-88-5	66.6	B
Ethyl alcohol	64-17-5	6327.0	B
Ethyl amyl ketone	541-85-5	432.9	B
Ethyl benzene	100-41-4	1448.6	B
Ethyl bromide	74-96-4	2963.7	B
Ethyl butyl ketone	106-35-4	765.9	B
Ethyl carbamate (Urethane)	51-79-6	TBD	D
Ethyl chloride (Chloroethane)	75-00-3	8658.0	B
Ethyl Ether	60-29-7	3996.0	B
Ethyl formate	109-94-4	999.0	B
Ethyl mercaptan	75-08-1	3.3	B
Ethyl silicate	78-10-4	283.1	B
Ethylamine	75-04-7	59.9	B
Ethylene chlorohydrin	107-07-3	10.0	B
Ethylene Dibromide (1,2-Dichloroethane)	106-93-4	0.0045	A
Ethylene Dichloride (1,2-Dichloroethane)	107-06-2	0.04	A
Ethylene glycol	107-21-1	416.3	B
Ethylene glycol dimitrate	628-96-6	1.0	B
Ethylene oxide	75-21-8	0.010	A
Ethylene thikourea	96-45-7	TBD	D
Ethylenediamine	107-15-3	83.3	B
Ethylene imine (Aziridine)	151-56-4	3.3	B
Ethylidene norbornene	16219-75-3	83.3	B
N-Ethylmorpholine	100-74-3	76.6	B
Fenamiphos	22224-92-6	0.3	B
Fensulfothion	115-90-2	0.3	B
Fenthion	55-38-9	0.7	B
Ferbam	1448-64-1	33.3	B
Ferrovanadium dust	12604-58-9	3.3	B
Fibrous glass dust	81111*	33.3	B
Fluorides, as F	81112*	8.3	B
Fluorine	7782-41-4	6.7	B
Fonofos	944-22-9	0.3	B
Formaldehyde	50-00-0	0.077	A
Formamide	75-12-7	50.0	B
Formic acid	6418-6	30.0	B
Furfural	98-01-1	26.6	B
Furturyl alcohol	98-00-0	133.2	B
Furium (nitrofuran group)	43111*	TBD	A
Germanium tetrahydride	7782-65-2	2.0	B
Glutaraldehyde	111-30-8	2.3	B
Glyciadaldehyde	765-34-44	TBD	A
Glycidol	556-52-5	249.8	B
Glycol ethers	43107*	TBD	D
Hafnium	7440-58-6	1.7	B
Halothane	151-67-7	1332.0	B
Heptachlor	76-44-8	0.00077	A
Heptane (n-Heptane)	142-82-5	5328.0	B
Hexachlorobenzene	118-74-1	0.0020	A
Hexachlorobutadiene	87-68-3	.8	B
Hexachlorocyclohexane (Lindane) Alpha (BHC)	319-84-6	TBD	A
Hexachlorocyclohexane (Lindane) Beta (BHC)	319-85-7	TBD	A
Hexachlorocyclohexane (Lindane) Gamma (BHC)	580-89-9	TBD	A
Hexaclorocyclopentadiene	77-47-4	0.3	B
1,2,3,6,7,8-Hexachloro-dibenzo-dioxin (1:2 mixture)	34465-46-8	TBD	A
1,2,3,7,8,9-Hexachloro-dibenzo-dioxin (1:2 mixture)	19408-74-3	TBD	A
Hexachloroethane	67-72-1	0.25	A
Hexachloronaphthalene	1335-87-1	0.7	B
Hexafluoroacetone	66416-2	2.3	B
Hexamethylene-1,6-diisocyanate	822-06-0	0.1	B
Haxamethylphosphoramide	680-31-9	TBD	D
Hexane (n-Hexane)	110-54-3	599.4	B
Other isomers		5994.0	B
2-Hexanone (Methyl butyl ketone)	591-78-6	66.6	B
sec-Hexyl acetate	108-84-9	999.0	B
Hexylene glycol	107-41-5	416.3	B
Hydrazine	302-01-2	TBD	D
Hydrogen bromide	10035-10-6	33.3	B
Hydrogen chloride (Hydrochloric acid)	7647-01-0	23.3	B
Hydrogen cyanide	74-90-8	33.3	B
Hydrogen fluoride (Hydrofluoric acid)	7664-39-3	8.3	B
Hydrogen peroxide	7722-84-1	5.0	B
Hydrogen selenide, as Se	7783-07-5	0.7	B
Hydrogen sulfide	7783-06-4	46.6	B
Hydroquinone	123-31-9	6.7	B
2-Hydroxypropyl acrylate	999-61-1	10.0	B
Indene	95-13-6	149.9	B
Indeno(1,2,3-cd)pyrene	193-39-5	TBD	A
Indium, & compounds as In	7440-74-6	0.3	B
Iodine	7553-56-2	3.3	B
Iodoform	75-47-8	33.3	B
Iron oxide fume, Fe2O3 as Fe	1309-37-1	16.7	B
Iron pentacarbonyl, as Fe	13463-40-6	2.7	B
Iron salts, soluble as Fe		3.3	B
Isoamyl acetate	123-92-2	1748.3	B
Isoamyl alcohol	123-51-3	1198.8	B
Isobutyl acetate	110-19-0	2331.0	B
Isobutyl alcohol	78-83-1	499.5	B
Isocytl alcohol	26952-21-6	899.1	B
Isophorone	78-59-1	83.3	B
Isophorone diisocyanate	4098-71-9	0.1	B
Isopropoxyethanol	109-59-1	349.7	B
Isopropyl acetate	108-21-4	3163.5	B
Isopropyl alcohol	67-63-0	3263.4	B
Isopropyl ether	108-20-3	3496.5	B
Isopropyl glycidyl ether (IGE)	4016-14-2	799.2	B
Isopropylamine	75-31-0	40.0	B
N-Isopropylaniline	768-52-5	33.3	B
Isopropyl oils	43112*	TBD	A
Ketene	463-51-4	3.0	B
Lead acetate	301-04-2	TBD	A
Lead arsenate, as Pb3(AsO4)2	3687-31-8	0.5	B
Lead chromate, as Cr	7758-97-6	0.2	B
Lead compounds	7439-92-1	TBD	D
Lead phosphate	7446-27-7	TBD	A
Lindane (all isomers)	58-89-9	1.6	C
Liquified petroleum gas	68476-85-7	5994.0	B
Lithium hydride	7580-67-8	0.1	B
Magnesium oxide fume	1309-48-4	33.3	B
Malathion	121-75-5	33.3	B
Maleic anhydride	108-31-6	3.3	B
Manganese, dust and compounds	7439-96-5	16.7	B
Manganese, fume	7439-96-5	3.3	B
Manganese eyclopentadienyl tricarbonyl	12079-65-1	0.3	B
Mercury,	7439-97-6
as H, Alkyl compounds		0.03	B
as Aryl & inorganic compounds		0.3	B
as vapors except alkyl		0.2	B
Mesityl oxide	141-79-7	199.8	B
Methacrylic acid	79-41-4	233.1	B
Methomyl	16752-77-5	8.3	B
Methoxychlor	72-43-5	33.3	B
2-Methoxyethanol (methyl cellosolve)	109-86-4	53.3	B
2-Methoxyethyl acetate	110-49-6	79.9	B
4-Methoxyphenol	150-76-5	16.7	B
2-Methyl-1-nitroanthraquinone	129-15-7	TBD	A
Methyl 2-cyanoacrylate	13705-3	26.6	B
Methyl acetate	79-20-9	2031.3	B
Methyl acetylene	7499-7	5494.5	B
Methyl acetylene-propadiene mixture (MAPP)	43113*	5994.0	B
Methyl acrylate	96-33-3	116.6	B
Methyl alcohol (Methanol)	67-56-1	865.8	B
N-Methyl aniline	100-61-8	6.7	B
Methylaztoxymethanol & acetate	592-62-1	TBD	A
Methyl bromide (Bromomethane)	74-83-9	66.6	B
Methyl cellosolve (2-Methoxyethanol)	109-86-4	53.3	B
Methyl chloride (Chloromethane)	74-87-3	349.7	B
Methyl chloroform (1,1,1-Trichloroethane)	71-55-6	6327.0	B
Methyl demeton	8022-00-2	1.7	B
Methyl ethyl ketone (MEK) (2-Butanone)	78-93-3	1964.7	B
Methyl ethyl ketone peroxide	1338-23-4	5.0	B
Methyl formate	107-31-1	832.5	B
Methyl hydrazine	60-34-4	1.2	B
Methyl iodide (Iodomethane)	7488-4	33.3	B
Methyl isoamyl ketone	110-12-3	799.2	B
Methyl isobutyl carbinol	108-11-2	333.0	B
Methyl isobutyl ketone (MIBK; Hexone)	108-10-1	682.7	B
Methyl isocyanate	624-83-9	0.2	B
Methyl isopropyl ketone	563-80-4	2347.7	B
Methyl mercaptan	7493-1	3.3	B
Methyl methacrylate	80-62-6	1365.3	B
Methyl n-amyl ketone	110-43-0	782.6	B
Methyl n-butyl ketone	591-78-6	66.6	B
Methyl parathion	298-00-0	0.7	B
Methyl propyl ketone	107-87-9	2331.0	B
Methyl silicate	681-84-5	20.0	B
a-Methyl styrene	98-83-9	799.2	B
Methyl tert butyl ether	1634-04-4	TBD	D
Methylacrylonitrile	126-98-7	10.0	B
Methylal	109-87-5	10323.0	B
Methylamine	74-89-5	40.0	B
5-Methylchrysene	3697-24-3	TBD	A
Methylcyclohexane	108-87-2	5328.0	B
Methylcyclohexanol	25639-42-3	782.6	B
o-Methylcyclohexanone	583-60-3	765.9	B
Methylcyclopentadienyl manganese tricarbonyl	12108-13-3	0.7	B
Methylene bis(4-cyclo-hexylisocyanate)	5124-30-1	0.2	B
4,4'-Methylene bis(2-methylaniline)	838-88-0	TBD	A
4,4'-Methylene bis(2-chloroaniline)	101-14-4	0.7	C
Methylene diphenyl diisocyanate (MDI; Methylene biphenyl isocyanate)	101-68-8	0.2	B
Methylene Chloride (Dichloromethane)	75-09-2	2.0	A
4,4-Methylenedianiline dihydrochloride	13552-44-8	TBD	A
4,4-Methylene dianiline	101-77-9	2.7	B
4,4-Methylene dianiline	101-77-9	2.6	C
4-(Methylnitrosamino)-1-(3-pyridyl)-1-butanone	64091-91-4	TBD	A
Metribuzin	21087-64-9	16.7	B
Mevinphos	7786-34-7	0.3	B
Mirex	2385-85-5	TBD	A
Molybdenum, as Mo	7439-98-7		B
soluble compounds		16.7	B
insoluble compounds		33.3
Monocrotophos	6923-22-4	0.8	B
Morpholine	1109-10-8	233.1	B
5-(Morpholinomethyl)-3- ((5-nitrofurfurylidene)amino) -2-oxazolidinone	139-91-3	TBD	A
Naled	300-76-5	10.0	B
Naphtha (Rubber solvents)	8030-30-6	5328.0	B
Naphthalene	91-20-3	166.5	B
1-Napthylamine	134-32-7	TBD	A
Nickel and compounds	7440-02-2	3.3	C
Nicotine	54-11-5	1.7	B
Nitrapyrin	1929-82-4	33.3	B
Nitric acid	7697-37-2	16.7	B
Nitric oxide	10102-43-9	99.9	B
5-Nitroacenaphthene	602-87-9	TBD	A
p-Nitroaniline	100-01-6	10.0	B
Nitrobenzene	98-95-3	16.7	B
4-Nitrobiphenyl	92-93-3	TBD	D
p-Nitrochlorobenzene	100-00-5	2.0	B
Nitroethane	79-24-3	1032.3	B
Nitrofen	1836-75-5	TBD	A
Nitrofurans Furazolidone	43114*	TBD	A
Nitrofurazone	59-87-0	TBD	A
1-(5-Nitrofurfurylidene)amino)-2-imidazolidinone	555-84-9	TBD	A
Nitrogen mustard N-oxide	126-85-2	TBD	A
Nitrogen mustard n-oxide hydro-chloride	302-70-5	TBD	A
Nitrogen trifluoride	7783-54-2	99.9	B
Nitroglycerin	55-63-0	1.7	B
4-Nitrolphenol	100-02-7	TBD	D
Nitromethane	75-52-5	832.5	B
l-Nitropropane	108-03-2	299.7	B
2-Nitropropane	79-46-9	116.1	C
N-Nitrosodiethylamine (Diethyl-nitrosoamine) (DEN)	55-18-5	TBD	A
N-Nitrosodimethylamine	62-75-9	TBD	A
N-Nitrosodi-n-butylamine	924-16-3	TBD	A
N-Nitrosodi-n-propylamine	62164-7	TBD	A
N-Nitrosodiphenylamine	86-30-6	TBD	A
N-Nitrosomethylethylamine	10595-95-6	TBD	A
N-Nitrosomorpholine	59-89-2	TBD	A
N-Nitroso-n-ethylurea (NEU)	759-73-9	TBD	A
N-Nitroso-n-methylurea (NMU)	684-93-5	TBD	D
N-Nitroso-n-methylurethane	615-53-2	TBD	A
Nitrotoluene	88-72-2	36.6	B
N-(4-(5-Nitro-2-furyl)-2- thiazolyl)acetamide	531-82-8	TBD	A
Nonane	111-84-2	3496.5	B
Octachloronaphthalene	2234-13-1	0.3	B
Octane	111-65-9	4828.5	B
Oil mist, mineral	8012-95-1	16.7	B
Oil orange SS	2646-17-5	TBD	A
Osmium tetroxide as Os	20816-12-0	0.007	B
Oxalic acid	144-62-7	3.3	B
Oxygen difluoride	7783-41-7	0.3	B
Panfuran S (dihydroxymethyl- furatrixine)	794-93-4	TBD	A
Paraffin wax fume	8002-74-2	6.7	B
Paraquat	4685-14-7	0.3	B
Parathion	56-38-2	0.3	B
Pentaboraue	19624-22-7	0.03	B
Pentachloronaphthalene	1321-64-8	1.7	B
Pentachloronitrobenzene (Quintobenzene)	82-68-8	1.7	B
Pentachlorophenol	87-86-5	1.7	B
Pentane	109-66-0	5994.0	B
Perchloroethylene (Tetrachloroethylene)	127-18-4	1.1	A
Perchloromethyl mercaptan	594-42-3	2.7	B
Perchloryl fluoride	7616-94-6	46.6	B
Phenol	108-95-2	63.3	B
Phenothiazine	92-84-2	16.7	B
Phenoxybenzamine hydrochloride	63-92-3	TBD	A
Phenyl ether	101-84-8	23.3	B
Phenyl glycidyl ether	122-60-1	20.0	B
Phenyl mercaptan	108-98-5	6.7	B
p-Phenylenediamine	106-50-3	0.3	B
Phenylhydrazine	100-63-0	66.6	B
Phenylphosphine	638-21-1	0.8	B
N-Phenyl-2-napthylamine	135-88-6	TBD	A
Phorate	298-02-2	0.2	B
Phosgene	75-44-5	1.3	B
Phosphine	780351-2	1.3	B
Phosphoric acid	7664-38-2	3.3	B
Phosphorus	7723-14-0	0.3	B
Phosphorus oxychloride	10025-87-3	2.0	B
Phosphorus pentachloride	10026-13-8	3.3	B
Phosphorus pentasulfide	1314-80-3	3.3	B
Phosphorus trichloride	7719-12-2	5.0	B
Phthalic anhydride	85-44-9	20.0	B
m-Phthalodinitrile	626-17-5	16.7	B
Picloram	1918-02-1	33.l	B
Picric acid	88-89-1	0.3	B
Pindone	83-26-1	0.1	B
Piperazine dihydrochloride	142-64-3	16.7	B
Platinum	7440-06-4
Metals		3.3	B
Soluble salts as Pt		0.007	B
Polyaromatic Hydrocarbons (PAH)	43116*	0.0006	A
Polychlorinated Biphenyls (PCBs)	1336-36-3	TBD	A
Polycyclic Organic Matter	43108*	TBD	D
Ponceau MX	3761-53-3	TBD	A
Potassium hydroxide	1310-58-3	6.7	B
Primary Aluminum Smelter un-controlled roof vent PAH emissions	81113*	0.00013	A
Propargyl alcohol	107-19-7	6.7	B
Beta-Propiolactone	57-57-8	5.0	B
Propoxur (Baygon)	114-26-1	1.7	B
Propionaldehyde	123-38-6	TBD	D
Proprionic acid	79-09-4	99.9	B
n-Propyl acetate	109-60-4	2797.2	B
Propyl alcohol	71-23-8	1665.0	B
n-Propyl nitrate	627-13-4	349.7	B
Propylene dichloride (1,2-Dichloropropane)	78-87-5	1165.5	B
Propylene glycol dinitrate	6423-43-4	1.0	B
Propylene glycol mono-methyl ether	107-98-2	1198.9	B
Propylene oxide	75-56-9	TBD	D
1,2-Propyleneimine (2-Methyl aziridine)	75-55-8	16.7	B
Pyrethrum	8003-34-7	16.7	B
Pyridine	110-86-1	50.0	B
Quinolin	91-22-5	TBD	D
Quinone (l,4-Cyclohexadienedione)	106-51-4	1.3	B
Quintobenzene (Pentachloronitrobenzene)	82-68-8	TBD	D
Resorcinol	10846-3	149.9	B
Rhodium	7440-16-6
Metal		3.3	B
Insoluble compounds		3.3	B
Soluble compounds		0.03	B
Ronnel	299-84-3	33.3	B
Rotenone	83-79-4	16.7	B
Rubber solvent (Naphtha)	8030-30-6	5328.0	B
Selenium compounds, as Se	7782-49-2	.07	B
Selenium hexafluoride, as Se	7783-79-1	.07	B
Sesone	136-78-7	33.3	B
Silicon tetrahydride	7803-62-5	23.3	B
Silver	7440-22-4
Metal		.03	B
Soluble compounds, as Ag		0.03	B
Sodium azide	26628-22-8	1.0	B
Sodium bisulfite	7631-90-5	16.7	B
Sodium fluoroacetate	62-74-8	.02	B
Sodium hydroxide	1310-73-2	6.7	B
Sodium metabisulfite	7681-57-4	16.7	B
Stibine	7803-52-3	1.7	B
Strychnine	57-24-9	0.5	B
Styrene	100-42-5	716.0	B
Styrene oxide	96-09-3	TBD	D
Subtilisins	1395-21-7	0.0002	B
Sulfotep	3689-24-5	0.7	B
Sulfur hexafluoride	2551-62-4	19980.0	B
Sulfur monochloride	10025-67-9	20.0	B
Sulfur pentafluoride	5714-22-7	0.3	B
Sulfur tetrafluoride	7783-60-0	1.3	B
Sulfuric acid	7664-93-9	3.3	B
Sulfuryl fluoride	2699-79-8	66.6	B
Sulprofos	35400-43-2	3.3	B
2,4,5-T	93-76-5	33.3	B
TEPP	107-49-3	0.2	B
Tantalum, metal & oxide dusts	7440-25-7	16.7	B
Tellurium & compounds as Te	13494-80-9	0.3	B
Tellurium hexafluoride, as Te	7783-80-4	0.7	B
Temephos	3383-96-8	33.3	B
Terphenyls	26140-60-3	16.7	B
P(p)(alpha, alpha, alpha) Tetra-chlorotoluene	5216-25-1	TBD	A
2,3,7,8-Tetrachlorodibenzi-p-dioxin (2,3,7,8-TCDD)	1746-01-6	0.00000003	A
1,1,2,2-Tetrachloro-1,2-difluoroethane	76-12-0	13886.1	B
1,1,1,2-Tetrachloro-2,2-difluoroethane	76-11-9	13886.1	B
1,1,2,2-Tetrachloroethane	79-34-5	23.3	B
Tetrachloroethylene (Perchloroethylene)	127-18-4	1.1	A
Tetrachloronaphthalene	1335-88-2	6.7	B
Tetraethyl lead, as Pb	78-00-2	0.3	B
Tetrahydrofuran	109-99-9	1964.7	B
Tetramethyl lead, as Pb	75-74-1	0.5	B
Tetramethyl succinonitrile	3333-52-6	10.0	B
Tetranitromethane	509-14-8	26.6	B
Tetrasodium pyrophosphate	7722-88-5	16.7	B
Tetryl	479-45-8	5.0	B
Thallium soluble compounds, Tl	7440-28-0	0.3	B
4,4-Thiobis (6-tert, butyl m-cresol)	96-69-5	33.3	B
4,4'-Thiodianiline	139-65-1	TBD	A
Thioglycolic acid	68-11-l	13.3	B
Thionyl chloride	7719-09-7	16.7	B
Thirum	137-26-8	16.7	B
Thorium dioxide	1314-20-1	TBD	A
Tin	7440-31-5
Metal		6.7	B
Organic compounds, as Sn		0.3	B
Oxide & inorganic except SnH4		6.7	B
Toluene	108-88-3	1248.8	B
2,4-Toluene diamine (2,4-Diamino toluene)	95-80-7	TBD	D
2,4-Toluene-diisocyanate (TDI)	584-84-9	0.1	B
m-Toluidine	108-44-1	30.0	B
o-Toluidine and its hydrochlorides	95-53-4	30.0	C
p-Toluidine	106-49-0	30.0	B
Toxaphene (Chlorinated camphene)	8001-35-2	0.003	A
Toxaphene (Chlorinated camphene)	8001-35-2	1.7	B
Trans-2((Dimethylamino) methylimino)-5-(5-nitro-2-furyl) vinyl-1,3,4-oxadiazole	55738-54-0	TBD	A
Tributyl phosphate	126-67-8	8.3	B
1,1,2-Trichloro-1,2,2-trifluorethane	76-13-1	25308.0	B
Trichloroacetic acid	76-03-9	23.3	B
1,2,4-Trichlorobenzene	120-82-1	133.2	B
1,1,1-Trichloroethane	71-55-6	6327.0	B
1,1,2-Trichloroethane	79-00-5	149.9	B
Trichloroethylene	79-01-6	0.8	A
Trichlorofluoromethane	75-69-4	18668.0	B
Trichloronaphthalene	1321-65-9	16.7	B
Trichlorophenol (mixed)	25167-82-2	0.18	A
2,4,5-Trichlorophenol	95-95-4	TBD	A
2,4,6-Trichlorophenol	88-06-2	___	_
1,2,3-Trichloropropane	96-18-4	199.8	B
Triethylamine	121-44-8	133.2	B
Trifluorobromomethane	75-63-8	20313.0	B
Trifluralin	1582-09-8	TBD	D
Trimellitic anhydride	552-30-7	0.1	B
Trimethyl benzene	2551-13-7	416.3	B
Trimethyl phosphate	121-45-9	33.3	B
Trimethylamine	75-50-3	79.9	B
2,4,4-Trinitrotoluene	540-84-1	TBD	D
2,4,6-Trinitrotoluene	118-96-7	1.7	B
Triorthocresyl phosphate	78-30-8	0.3	B
Triphenyl amine	603-34-9	16.7	B
Triphenyl phosphate	115-86-6	10.0	B
Tungsten, insoluble compounds	7440-33-7	16.7	B
Tungsten, soluble compounds	7440-33-7	3.3	B
Turpentine	8006-64-2	1864.8	B
Uranium, insoluble & soluble	7440-61-l	0.7	B
Urethane monomer (Ethyl carbamate)	51-79-6	TBD	D
VM & P Naphtha	8032-32-4	4495.5	B
n-Valeraldehyde	110-62-3	582.8	B
Vanadium, as V2O5	131462-1	0.2	B
Vinyl acetate	108-05-4	99.9	B
Vinyl bromide	593-60-2	66.6	B
Vinyl chloride	75-01-4	0.023	A
Vinyl cyclohexene dioxide	106-87-6	199.8	B
Vinyl toluene	25013-15-4	799.2	B
Vinylidine Chloride (1,1-Dichloroethylene)	75-35-4	66.6	B
Warfarin	81-81-2	0.3	B
Welding fumes	81108*	16.7	B
m-Xylene a,a'-diamine	1477-55-0	0.3	B
Xylenes (m-,o-,p-isomers)	1330-20-7	1448.6	B
m-Xylenes	108-38-3
o-Xylenes	95-47-6
p-Xylene	106-42-3
Xylidine	1300-73-8	33.3	B
Yttrium, metal and cpds as Y	7440-65-5	3.3	B
Zinc chloride fume	7646-85-7	3.3	B
Zinc chromates	13530-65-9	0.03	B
Zinc oxide, fume	1314-13-2	16.7	B
Zirconium compounds, as Zr	7440-67-2	16.7	B

Type A toxics are carcinogens. The averaging time for Type A ASILs is an annual arithmetic mean.

Type B toxics are noncarcinogens. The averaging time for Type B ASILs is a 24-hour arithmetic mean.

Type C toxics are carcinogens. The averaging time for Type C ASILs is a 24-hour arithmetic mean.

Type D toxics are listed in the federal Clean Air Act, but not included in WAC 173-460-150 and 173-46-160.

TBD = To Be Determined.

* = PSAPCA assigned numbers.

[Res. 281093-C (10/28/93) Reg. III Appx. A]